HomeMy WebLinkAboutAPRIL 22, 2011-DRAFT WARRANT FOR POSTING-TO BOS Town of North Andover
Annual Town Meeting Warrant
May 10, 2011 (April 21, 2011)
COMMONWEALTH OF MASSACHUSETTS ESSEX, SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of
the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of
North Andover who are qualified to vote in Town affairs to meet at the North Andover High
School, 430 Osgood Street, Tuesday May 10, 2011, at 7:00 PM then and there to act upon the
following articles:
Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept
the reports of receipts and expenditures as presented by the Selectmen in the 2010 Annual Town
Report;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Article 3. Authorization of the Town Manager or Superintendent of Schools
Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote in
accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b),
to authorize the Town Manager or the Superintendent of Schools to solicit and award
contracts, except personnel contracts, for terms exceeding three years, including any renewal,
extension or option, provided in each instance the longer term is determined to be in the best
interest of the Town by vote of at least four (4) members of the Board of Selectmen or the
School Committee, as appropriate;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
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Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for
access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board
and Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize
the Board of Selectmen and the School Committee to grant easements for access, water,
drainage, sewer, roadway and utility purposes on terms and conditions the Board and
Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 6. Compensation of Elected Officials. To see if the Town will vote to fix the salary
and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41
of the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation:
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—FYI
Vendor Amount Department
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National Grid $ 8,109.13 Public Works
National Grid $ 865.62 Public Works
National Fire and Security $ 8,079.53 School Department
Rovic $ 52.01 School Department
Northeast Turf Services $ 5,500.00 School Department
OCE Imagistics, Inc. $ 1,702.65 School Department
Total $24,638.94
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation:
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, 2011;
(List of Revolving Funds to be provided prior to warrant being signed)
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Article 9. Continuation of Massachusetts General Laws Chapter 59 Section 5K — Senior
Work Program — $18,000. To see if the Town will vote to continue the provisions of
Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow
persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to
reduce their real estate property tax provided, however, that any rules and regulations
promulgated by the Board of Selectmen to implement this program establish an amount to be
allocated under this program in the amount of$18,000;
Or to take any other action relative thereto.
Council on Aging
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Article 10. Amend General Fund Appropriation For Fiscal Year 2011. To see if the Town
will vote to amend the General Fund Appropriation for Fiscal Year 2011 as voted under Article
20 of the 2010 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Article 11. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for
Fiscal Year 2011. To see if the Town will vote to amend the vote taken on Article 23 Stevens
Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2011 at the 2010 Annual
Town Meeting to decrease total appropriation in aggregate by $12,795 for a revised total
appropriation of$280,389.
STEVENS ESTATE
AT OSGOOD HILL ENTERPRISE
Amount Voted
Under Article
2305/12/10
ATM Amendment Revised Total
Personnel 103,282 -9,128 94,154
Expense 143,442 -3,667 139,775
Debt Service 0 0 0
Sub-Total Direct Expenditures 246,724 -12,795 233,929
Admin/Indirect 46,460 0 46,460
Total Stevens Estate Enterprise 293,184 -12,795 280,389
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Article 12. 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:
Or to take any other action relative thereto.
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Board of Selectmen
Board of Selectmen Recommendation: Favorable Action Per Town
Manager Recommendations
Finance Committee Recommendation:
Article 13. Amend Zoning Bylaw, Section 8.9 Wireless Service Facilities. (TJU-4-21-
11) 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
must 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
shall be low profile mounted:
(1) Roof Mounted: Mounted on the roof of a building.
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(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
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
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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, 2011:
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, 2011:
Map 108A, Parcel 3 (Commonwealth of Massachusetts)
Map 90B, Parcel 11 (Commonwealth of Massachusetts)
Map 106C, Parcel 17 (Commonwealth of Massachusetts)
Map 106C, Parcel 16 (Commonwealth of Massachusetts)
Map 106C, Parcel 7 (Commonwealth of Massachusetts)
Map 106C, Parcel 43 (Commonwealth of Massachusetts)
Map 106D, Parcel 5 (Commonwealth of Massachusetts)
Map 106B, Parcel 215 (Commonwealth of Massachusetts)
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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 104B, Parcel 28(New England Power)
Map 64, Parcel 20 (Town of North Andover- Town Forest)
Map 35, Parcel 23 (Stevens Estate)
Map 38, Parcel 29 (0 Johnson Street)
Map 107C, Parcel 11 (0 Turnpike Street)
Map 42, Parcel 02 (70 Elm Street)
Map 24, Parcel 33 (401 Andover Street)
Map 98C, Parcel 02 (0 Chestnut Street)
Map 45B, Parcel 18 (586 Massachusetts Avenue)
Map 24, Parcel 28 (451 Andover Street)
iii) Subject to the exemption in subsection 8.9.12 for municipal emergency
wireless facilities, prior Town Meeting authorization is required before the
Board of Selectmen or School Committee enters into an agreement or lease
for a wireless service facility on Town property
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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 on which it is mounted 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 approved
or installed at the time of the adoption of this bylaw. In any zoning
district, including the WTOD, if the applicant can prove that (1) there
is a substantial gap in coverage, and (2) there is compliance with
Federal Communications Commission regulations concerning
radiofrequency emissions and (3) there is no alternative available site
with a 600 foot setback, then the setback provision shall be reduced to
400 feet. In any zoning district, including the WTOD, if the applicant
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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 but only if the
surroundings make the foregoing requirements feasible. 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 but only if the
surroundings make the foregoing requirements feasible. 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. However, antennas installed
on utility poles, signs or flag poles as part of a DAS shall not be required to
be camouflaged.
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. Existing lighting for pre-existent
structures may remain.
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 an historic structure shall
not alter its character-defining features.
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. (See 5(d)vii.)
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
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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 and GPS showing the other preexisting and approved wireless
service facilities in North Andover and outside North Andover within
one mile of North Andover's boundary.
(5) 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.
(6) 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.
(7) Evidence that the applicant has analyzed, as an alternative, the
feasibility of using a "repeater" to provide coverage to the intended
service area.
(8) 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.
(9) A listing of the state and/or federal permits, licenses or approvals
acquired or needing to be acquired for the proposed installation.
(10)A description of the terms of any co-location agreements between the
Applicant and any Personal Wireless Service provider.
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(11)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.
iv) Sight lines and photographs:
(1) Sight line representation. A sight line representation shall be drawn
from any public road within 300 feet and the closest facade of each
residential building (viewpoint) within 300 feet to the highest point
(visible point) of the wireless service facility. Each sight line shall be
depicted in profile, drawn at one-inch equals 40 feet scale. The profiles
shall show all intervening trees and buildings.
(2) Preexisting (before condition) photographs. Each sight line shall be
illustrated by one four-inch by six-inch color photograph of what can
15
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 AMSL.
v) Design Filing Requirements for Co-Location:
(1) Equipment brochures for the proposed wireless service facility such as
manufacturer's specifications or trade journal reprints shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(2) Materials of the proposed wireless service facility specified by generic
type and specific treatment (e.g. anodized aluminum stained wood,
painted fiberglass, alloys, etc.). These shall be provided for the
antennas, mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color
board showing actual colors proposed. Colors shall be provided for the
antenna mounts, equipment shelters, cables as well as cable runs, and
security barrier, if any.
(4) Dimensions of the wireless service facility specified for all three
directions: height, width and breadth. These shall be provided for the
antennas, mounts, equipment shelters and security barrier, if any.
(5) Appearance shown by at least two photographic superimpositions of the
wireless service facility within the subject property. The photographic
superimpositions shall be provided for the antennas, mounts, equipment
shelters, cables as well as cable runs, and security barrier, if any, for the
total height, width and breadth.
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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
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 breakaway points of the proposed monopole.
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(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 monopole or stealth antenna 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
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
18
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
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-
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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 rather than a modification 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)Increasing the number of facilities permitted on the site;
(2) Change in technology used for the wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the Community
Development Office within 90 days of beginning operations, preexisting and
current RFR measurements. Such measurements shall be signed and certified by
an RF engineer, stating that RFR measurements are accurate and are in
compliance, or why the measurements fail to comply with all applicable FCC
Guidelines and Regulations. The measurements shall be submitted for both the
applicant and all co-locators.
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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
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
21
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.
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.
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And further that the non-substantive changes to the numbering of this bylaw by
the Town Clerk be permitted in order that it be in compliance with the
numbering format of the Zoning Bylaws of the Town of North Andover;
Or to take any other action relative thereto
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 14. 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
And further that the non-substantive changes to the numbering of this bylaw by the town
clerk be permitted in order that it be in compliance with the numbering format of the
Zoning Bylaws of the Town of North Andover;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Article 15: Tax Increment Financing Plan — 4 W High Street, Mansur Investments,
Converse, Inc. and /or Schneider Electric. To see if the Town will vote to approve a
proposed Tax Increment Financing Plan for 4 W High Street, Assessors Map 54, Block 1,
Mansur Investments, Converse, Inc. and/or Schneider Electric, (hereafter known as the TIF
Plan) and authorize the Board of Selectmen to reach an agreement with the owner of the
property for a parcel of land and buildings thereon. The property shall be designated as a Tax
Increment Financing Zone, which as defined in the proposed TIF Plan presents exceptional
opportunities for increased economic development. As outlined in the proposed TIF Plan, the
Town shall provide for an exemption of property taxes or a percentage thereof based on the
incremental increase in property value in assessed valuation of the property for a period of not
more than 20 years and a full or partial exemption from personal property taxes in accordance
with the requirements of MGLs, Chapter 23A, Section E, Chapter 40, Section 49 and Chapter
59, Section 5 and pursuant to 751 CMR 1.04(1)(b) and 402 CMR 2.18. In return for such tax
benefits, in accordance with the proposed TIF Plan, the owner of the property shall ensure at the
above property the location and expansion of manufacturing, research and development or other
23
like uses which increase job creation, provide higher property values and retain and/or expand
industry in the Town and the Commonwealth;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Planning Board Recommendation:
Article 16. Adoption of Massachusetts General Laws Chapter 64L Section 2(a)—Local
Meals Excise Tax. To see if the Town will vote to accept Massachusetts General Laws
Chapter 64L Section 2 (a)to impose a local meals excise;
Or to take any other action relative thereto.
Petition of Rebecca Abbott and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation: Favorable Action
Article 17. Raise and Appropriate Additional Funds for Fiscal Year 2012. To see if the
Town will vote that the following additional funds be allocated to the FY 12 General Fund
budget and for the enumerated Special Reserve Funds contingent upon a Proposition 2 '/2
Operational Override being approved at an election called by the Board of Selectmen pursuant
Massachusetts General Law Chapter 59, Section 21C:
School Department (increases in labor contracts, principally new contracts and existing
contract increases for teachers and nurses) $2,000,000
Group Insurance, Special Reserve Fund for Unfunded Post-Retirement Health Insurance
Benefits due Employees as of June 30, 2010 $7,500,000
Pension Benefits, Special Reserve Fund for Unfunded Pension Plan Costs due employees
as of June 30, 2010 $2,200,000
Other Post Retirement Benefits, Special Reserve Fund $ 300,000
TOTAL $ 12,000,000
And to further request approval for a Home Rule Petition to establish the three
aforementioned Special Reserve Funds that would be required to be annually funded from
any proceeds resulting from an affirmative Override Vote solely for these purposes until
such time that the funds equal the actuarial liability owed by the Town of North Andover;
or to take such other actions thereto.
24
Comment: This Article would (1) provide funds needed to prevent substantial future layoffs of
town and public safety personnel and teachers due to new labor contracts being presented to
Town Meeting for approval by funding any portion of the School Committee budget line item
affirmatively that contains these contracts (2) start funding the existing obligations of the Town
of North Andover of over $200,000,000 in unfunded Other Post-Retirement Health Insurance ,
Pension Obligations and Other Post Retirement Obligations debts that have been incurred by the
Town and remain unpaid and unfunded by other funds. The purpose of this Article is to make
the citizens aware of these current existing liabilities that are unfunded and proposed a funding
financial alternative prior to the Town being forced to declare bankruptcy and/or ordered to
raise taxes to fund these obligations. (Should comment be included? It was submitted.)
Petition of Robert Ercolini and others
Board of Selectmen Recommendation: Unfavorable Action
Finance Committee Recommendation:
Article 18. General Fund Appropriation Fiscal Year 2012. 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, 2011
and ending June 30, 2012;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Article 19. Establishment of Special Stabilization Fund-Reserve for Future Payroll. To
see if the Town will vote to establish a special stabilization fund for the purpose of reserving
funds to pay expenses related to fiscal years when additional payroll money must budgeted due
to calendar changes and to raise and appropriate a sum of money to be placed in that fund;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation: Favorable Action
Article 20. Transfer of Funds into the Other Post Employment Benefits Liability Trust
Fund. To see if the Town will vote to raise and appropriate or transfer funds into the Other
Post Employment Benefits Liability Trust fund;
Or to take any action relative thereto.
25
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation: Favorable Action
Article 21. Transfer of Funds into the Stabilization Fund. To see if the Town will vote
to raise and appropriate or transfer funds into the Stabilization Fund;
Or to take any action relative thereto
Finance Committee
Board of Selectmen Recommendation:
Finance Committee Recommendation: Recommend "No Action"
Article 22. Appropriation of$40,000 to Maintain Current Program Manager Position in
the Elder Services Department. To see if the Town will vote to appropriate the sum of
$40,000 to be expended under the direction of the Elder Services Department for the purpose of
maintaining the current position of Program Manager to prevent the elimination of essential
services;
Or to take any other action relative thereto.
Petition of Elizabeth Poirier and others
Board of Selectmen Recommendation:
Finance Committee Recommendation: Unfavorable Action
Article 23. Authorization to Transfer Funds from the Health Department Food
Consultants Revolving Fund to the Health Department. To see if the Town will vote to
transfer $40,000 from the Health Department Food Consultants Revolving Fund to the Health
Department to be used to purchase truck monitoring equipment,
Or to take any other action relative thereto.
Board of Health
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Article 24 . Water Enterprise Fund Appropriation-Fiscal Year 2012. To see if the
Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available
26
funds or otherwise provide a sum or sums of money for the purpose of funding the Water
Enterprise Fund for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action Per Town
Manager Recommendation
Finance Committee Recommendation:
Article 25 . Sewer Enterprise Fund Appropriation-Fiscal Year 2012. 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, 2011 and ending June 30, 2012;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action Per Town
Manager Recommendation
Finance Committee Recommendation:
Article 26. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year
2012. 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, 2011 and ending June 30, 2012;
Or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action Per Town
Manager Recommendation
Finance Committee Recommendation:
Article 27 . Capital Improvement Plan Appropriation Fiscal Year 2012.
27
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 2012 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)":
General Fund
Roadway Improvements: $ 390,000
Fire Alarm Boxes and Panels $ 113,000
Internet Telephone System $ 375,000
Middle School Roof Replacement $ 2,039,000
Defibrillator Replacement $ 43,000
Police Station Parking Lot and Exterior Lighting $ 125,000
Emergency Generator at Public Works Facility $ 38,000
School Dept. Data Storage and Integration $ 82,000
Vehicle Fuel Pump System $ 45,000
Dump Truck with Plow, Sander and Basin Cleaner $ 210,000
Sargent School Roof Replacement $ 564,000
Atkinson School Window Replacement $ 1,277,000
Sewer Enterprise Fund
Sewer Utility Truck $ 78,000
Water Enterprise Fund
Heating, Ventilating and Air Conditioning Equipment
At Water Treatment Plant $ 690,000
Valve and Hydrant Replacements and Installation $ 260,000
Solar Power Equipment at Water Treatment Plant $ 376,000
Or take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Planning Board Recommendation: No Recommendation
Article 28. Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses.
To see if the Town will vote to amend the Town of North Andover Zoning Bylaw by deleting the
existing Section 4.122.14Aa and Section 4.122Ab and replacing them with the following:
4.122.14 Residence 4 District (Permitted Uses)
A. Dwelling Types
a. One family dwellings and existing two family dwellings.
b. Additional two family dwellings by Special Permit from the Zoning Board of
Appeals in accordance with Sections 10.3 and 4.122.14D of this Bylaw;
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And further that the non-substantive changes to the numbering of this bylaw by the Town
Clerk be permitted in order that it be in compliance with the numbering format of the
General Bylaws of the Town of North Andover;
Or to take any other action relative thereto.
Petition of Charles H. Foster and others
Board of Selectmen Recommendation:
Planning Board Recommendation: Unfavorable Action
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, transfer and/or appropriate from
the Community Preservation Fund, in accordance with the provisions of Massachusetts General
Laws Chapter 44B, a sum of money to be spent under the direction of the Community
Preservation Committee;
Or to take any other action relative thereto.
Community Preservation Committee
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Planning Board Recommendation: To Be Made at Town Meeting
Article 30. Authorization to Borrow Money To Be Paid Back Using Community
Preservation Act Funds.
????? TEXT???????? —John Simons??
Or to take any other action relative thereto.
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Planning Board Recommendation: To Be Made at Town Meeting
Community Preservation Committee
Article 31. Petition the General Court - Municipal Group Insurance Committee
Legislation. To see if the Town will vote to petition the General Court to adopt the following
law:
Municipal Group Insurance Committee (GIC) Legislation
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Any city or town accepting the provisions of this section may establish and maintain a
committee known as a "Group Insurance Committee" consisting of seven (7) members to be
constituted as follows: Four (4) persons, who are not eligible to receive Town Insurance
Benefits, to be appointed by the Mayor or Board of Selectmen, two (2) persons to be elected by
the organizations of the governmental units' employees, and one (1) person who shall be a
retiree of the city or town who shall be appointed by the Mayor or Board of Selectmen.
Four (4) members of said committee shall constitute a quorum. Said committee shall act
upon the majority vote of a quorum at any meeting held in conformity with the provisions of
Massachusetts General Laws Chapter 39, Section 23B.
The Group Insurance Committee shall have the full and final authority to determine
changes in any design or composition of any and all group general or blanket, hospital, surgical,
medical, dental, and other health insurance plans, including, but not limited to, the services of a
health care organization, and including coverage offered on a self-funded basis pursuant to
sections 3A, 11 or 12 or Chapter 32 of the General Laws. Any plan design changes may
include, but not be limited to, changes to employer/employee contributions levels, co-pay
amounts and deductibles. Such changes as the Group Insurance Committee shall deem
appropriate shall be effective as of the date of said changes are voted upon by the committee
and shall not be subject to collective bargaining under the provisions of Chapter 150E of the
General Laws.
This section shall take effect in a county, city, town or district upon its acceptance in the
following manner: in a county, by a vote of the county commissioners; in a city having a Plan
D or a Plan E charter, by the majority vote of its city council and approved by the manager; in
any other city by majority vote of its city council and approved by the Mayor; in a town, by vote
of its Town Meeting, in a regional school district, by the vote of the regional district school
committee;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation: Favorable Action
Article 32. Petition the General Court: Special Act to Exempt the Town of North
Andover from Portions of the Prevailing Wale Act. To see if the Town will vote to
Authorize the Board of Selectmen to Petition the General Court of the Commonwealth of
Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts
General Laws, Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for
projects estimated to cost $50,000 or less;
Or to take any action relative thereto
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Article 33. Petition the General Court - Collective Bargaining Agreements-Town Meeting
Approval of Funding. To see if the Town will vote to petition the General Court to require
that the North Andover Town Meeting approve funding by, separate vote, of each collective
bargaining agreement entered into by the Board of Selectmen and the School Committee;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation: Favorable Action
Article 34. Petition the General Court to Change the Town Charter: Chapter 4-7-1,
Responsibilities for Disbursements. To see if the Town will vote to petition the General
Court to change the Town Charter by adding the underlined language and removing the text
shown as stricken to read as follows:
Section 7 Responsibilities for Disbursements
Chapter 4-7-1: Warrants for the payment of town funds, prepared and signed by the town
accountant in accordance with general law procedures shall be submitted to the Town Manager,
and his approval there of shall be sufficient authorization for payment by dife,tef oft the division
of fin nee) the treasurer or his designee, provided, however, that at least thfe-e one selectman
designated by the full board of selectmen shall approve all warrants in the manager's absence or
in the event of a vacancy in his office.
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation:
Article 35. Petition the General Court — Age Exemption — Sean C. Lewis, Sr. —
Firefighter. To see if the Town will vote to Petition the General Court to enact Legislation so
that Sean C. Lewis, Sr. 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.
Sean C. Lewis, Sr. shall be eligible for appointment to the position of firefighter in the Town of
North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the
General Laws and regulations of the civil service commission and any lawful hiring practices
for the Town of North Andover;
Or to take any other action relative thereto.
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Petition of Sean C. Lewis, Sr. and others
Board of Selectmen Recommendation: Favorable Action
Article 36. Amend Town By-Law, Chapter 146, Recreational Uses on Lake
Cochichewick and its Tributaries-Add new Section 146-2-Rules and Regulations. To see
if the Town will vote to amend Town By-law, Chapter 146, by adding a new section as follows:
146-2 Rules and Regulations
The Board of Selectmen is authorized to promulgate rules and regulations governing
recreational uses on or near Lake Cochichewick and its,Tributaries and any violations of those
rules and regulations may be handled as a non-criminal offence in accordance with the
provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence
shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are
the authorized enforcement officials;
Or to take any action relative thereto
Board of Selectmen
Board of Selectmen Recommendation:
Article 37. Amend Chapter 88 of the General Bylaws-Chapter 88-Add New Section-
Section 9 — Vaccination Required for Does. To see if the Town will vote to amend Chapter
88 of the General Bylaws by addingg a new Sectiori-Section 9 to read as follows:
§ 88-9 Vaccination Requited.
No person shall own or keep any,dog or dogs within the Town of North Andover unless
any such dog or dogs has received vaccination for rabies in a manner required by the Animal
Control Officer car Health Agent for the Town of North Andover.
And further that the non-substantive changes to the numbering of this bylaw by the Town
Clerk be permitted in order that it be in compliance with the numbering format of the
General Bylaws of the Town of North Andover;
Or to take any action relative thereto.
Town Clerk
Board of Selectmen Recommendation: Favorable Action
Article 38. Amend Chapter 69 of the General Bylaws-Fire Alarms-Section E- Change
Effective Date from July 1, 2012 to July 1, 2014. To see if the Town will vote to amend
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Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and
Permit Requirements — by adding the underlined language and removing the text shown as
stricken to read as follows:
§ 69-2 Alarm Installation and Permit Requirements
A. As of the effective date of this by-law, no alarm system or equipment designed to
summon the Fire Department shall be installed without a permit signed by the Fire Chief or his
designee. The issuance of permits and the imposition of fees shall be in compliance with
Massachusetts General Law Chapter 148 Section 10 A.
Changes in the permit or inspection fees may be made with sixty (60) days notice to the general
public and with the approval of the Board of Selectmen.
B. Any current or future alarm user may contract with an alarm company of their choice for
the purchase, lease, installation and servicing of an alarm system on their premises.
C. Actual connection to the Fire Department's alarm receiving system will be made only by an
installer approved by the Fire Chief for this service through the issuance of a permit as per
Massachusetts General Law Chapter 148 Section 10A.
D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be
performed only through approved radio master fire alarm boxes.
E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm
receiving system will be advised that as of July 1, 2014 master fire alarm boxes
connected through the hard wired municipal circuit system must be replaced with a radio master
box compatible with the Fire Department's alarm receiving equipment. The master boxes on
the buildings remain the property of the property owner but must be removed from their
location to avoid perceptions that they are connected to the Fire Department. These wireless
devices shall be installed and maintained in accordance with the appropriate sections of the then
current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code-NFPA
1221 Standard for the Installation, Maintenance and Use of Emergency Services
Communication Systems— NFPA 70 National Electrical Code and all reference documents
contained within these codes and the related rules and regulations of the North Andover Fire
Department.
F. The alarm system owner or user, or the alarm company contracting for the servicing of
the alarm users system, shall be responsible for the care and maintenance of the wireless master
fire alarm box transmitting device.
G. The Fire Department will make every effort to insure the proper operation of the alarm
receiving equipment, but accepts no liability for conditions, which prevent proper reception of
signals from the user's premises. The mounting locations for radio boxes shall require pre-
approval of the North Andover Fire Department.
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And further that the non-substantive changes to the numbering of this bylaw by the Town
Clerk be permitted in order that it be in compliance with the numbering format of the
General Bylaws of the Town of North Andover;
Or to take any other action relative thereto.
Board of Selectmen
Article 39. Road Way Acceptance - Carter Field Road. To see if the Town will vote to
accept and name Carter Field Road as a public way, as laid out by the Board of Selectmen, and
as shown as "Carter Field Road" on a plan entitled, "Street Layout Plan, Carter Fields
Subdivision prepared for Tara Leigh Development, LLC, Scale 1" = 40% Date March 14, 2011,
by MHF Design Consultants, Inc." and to accept deeds to all related open space parcels and
easements, shown on Plans recorded as Plan No. 14969 and Plan No. 14471 at the North Essex
Registry of Deeds and on the above referenced Street Layout Plan.
Or to take any action relative thereto.
Planning Board
Board of Selectmen Recommendation:
Planning Board Recommendation: Favorable Action
Article 40. Authority to Dispose of Interest in Land-200-203 Bunkerhill Street — Rear
of Chickerin2 Plaza Route 125-585 Chickerin2 Road. To see if the Town will vote to
transfer the care, custody and control of the interests of the Town in the way or paper street
portion of the property known as Bunkerhill Street, which is appurtenant to the Town's
ownership interest in the property at 200-203 Bunkerhill Street, shown on Assessors Map 84,
Parcel 14 , to the Board of Selectmen for disposition and to authorize the Board of Selectmen to
dispose of the interests of the Town in said way or paper street (at the rear of Chickering Plaza)
upon terms and conditions that the Board of Selectmen deem to be in the best interest of the
Town, even if the Town receives no consideration therefor;
Or to take any action relative thereto
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation:
Article 41. Transfer of Town Owned Land to the Care, Custody and Control of the
Conservation Commission. To see if the Town will vote to transfer the care, custody and
control of two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on
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Assessors' Map 108C, to the care, custody and control of the Conservation Commission
pursuant to M.G.L. Chapter 40, Section 8C, said parcels further described as follows:
Lot 1-E, containing 3.1 acres, more or less, and Lot 2-E, containing 3.010 acres on Plan of Land
entitled: "Plan of Land located in North Andover, Mass., prepared for Reginald Landry; Scale:
1" = 40' " and recorded with North Essex Registry of Deeds as Plan No. 10082. For title
reference, see Final Judgment in Tax Lien Case No. 105879, recorded with said Deeds at Book
6062, Page 220 and Final Judgment in Tax Lien Case No. 105880, recorded with said Deeds at
Book 6062, Page 221;
Or to take any action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
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. Given under our hands
this 25th Day of April in the Year Two-thousand Eleven.
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.
NORTH ANDOVER BOARD OF SELECTMEN
Daniel P. Lanen
Chairman
William F. Gordon
Rosemary Connelly Smedile
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Donald B. Stewart
Tracy M. Watson
NORTH ANDOVER, MASSACHUSETTS
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy:
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