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Town of North Andover
Annual Town Meeting Warrant
June 12, 2012 (April 30, 2012)
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 June 12, 2012, at 7:00 PM then and there to act upon the
following articles:
Article A. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees;
Or to take any other action relative thereto.
Board of Selectmen
Article B. Reports of Receipts and Expenditures. To see if the Town will vote to accept
the reports of receipts and expenditures as presented by the Selectmen in the 2011 Annual Town
Report;
Or to take any other action relative thereto.
Board of Selectmen
Article C. Authorization of the Town Manager or Superintendent of Schools
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
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Article D. Authorization to Accept Grants of Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for
access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board
and Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article E. Authorization to Grant Easements. To see if the Town will vote to authorize
the Board of Selectmen and the School Committee to grant easements for access, water,
drainage, sewer, roadway and utility purposes on terms and conditions the Board and
Committee deem in the best interest of the Town;
Or to take any other action relative thereto.
Board of Selectmen
Article F. Compensation of Elected Officials. 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
Article G. 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;
(List of Unpaid Bills to be provided prior to warrant being signed)
Or to take any other action relative thereto.
Board of Selectmen
Article H. 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, 2012;
(List of Revolving Funds to be provided prior to warrant being signed)
Or to take any other action relative thereto.
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Board of Selectmen
Article L Continuation of Massachusetts General Laws Chapter 59 Section 5K — Senior
Work Program—Funding of ????. 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$9999;
Or to take any other action relative thereto.
Council on Aging
Article J. Amend General Fund Appropriation For Fiscal Year 2012. To see if the Town
will vote to amend the General Fund Appropriation for Fiscal Year 2012 as voted under Article
18 of the 2011 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article K. Amend Water Enterprise Fund Appropriation for Fiscal Year 2012. To see if
the Town will vote to amend the vote taken on Article 24 Water Enterprise Fund Appropriation
-Fiscal Year 2012 at the 2011 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article L. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2012. To see if
the Town will vote to amend the vote taken on Article 25 Sewer Enterprise Fund Appropriation
-Fiscal Year 2012 at the 2011 Annual Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
Article M. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for
Fiscal Year 2012. To see if the Town will vote to amend the vote taken on Article 26 Stevens
Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2012 at the 2011 Annual
Town Meeting;
Or to take any other action relative thereto.
Board of Selectmen
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Article N. 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.
Board of Selectmen
Article O. General Fund Appropriation-Fiscal Year 2013. 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, 2012
and ending June 30, 2013;
Or to take any other action relative thereto.
Board of Selectmen
Article P . Water Enterprise Fund Appropriation-Fiscal Year 2013. To see if the Town
will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise
Fund for the Fiscal Year beginning July 1, 2012 and ending June 30, 2013;
Or to take any other action relative thereto.
Board of Selectmen
Article Q . 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, 2012 and ending June 30, 2013;
Or to take any other action relative thereto.
Board of Selectmen
Article R. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year
2013. 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, 2012 and ending June 30, 2013;
Or to take any other action relative thereto.
Board of Selectmen
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Article S . Capital Improvement Plan Appropriation-Fiscal Year 2013.
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 2013 as detailed below, provided
that, 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
lebt exclusion referendum under General Laws Chapter 59, Section 21C(k)":
Or take any other action relative thereto.
Board of Selectmen
Article T. 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;
(Information to be provided by CPA Committee prior to warrant being signed).
Or to take any other action relative thereto.
Community Preservation Committee
Article U. Appropriation from Federal Early Retirement Reinsurance Program to the
Health Insurance Trust Fund. To see if the Town will vote to appropriate $153,653.70 from
the Federal Early Retirement Reinsurance Program (ERRP Grant) to the Health Insurance Trust
Fund";
Or to take any other action relative thereto.
Article V. Sale of Public Buildings.
Article W. Capital Stabilization Account.
Article X. Energy Services Company Proiect Funding.
Article Y. Amend General Bylaws-Add New Chapter-Chapter 103-Fin2erprint-Based
Criminal Record Background Checks. To see if the Town will vote to amend the General
Bylaws of the Town of North Andover by adding a new chapter, Chapter 103 —Fingerprint-
Based Criminal Record Background Checks to read as follows:
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CHAPTER 103
FINGERPRINT-BASED CRIMINAL RECORD BACKGROUND CHECKS
Section 103-1 Purpose/Authorization
In order to protect the health, safety, and welfare of the inhabitants of the Town of North
Andover, and as authorized by Chapter 256 of the Acts of 2010, this by-law shall require
a) applicants for certain Town licenses permitting the engagement in specific
occupational activities within the Town as enumerated in Section 103.2 below to submit to
fingerprinting by the Brookline Police Department,
b) the Police Department to conduct criminal record background checks based on such
fingerprints, and
c) the Town to consider the results of such background checks in determining whether
or not to grant a license.
The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal
Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI) as may be
applicable to conduct on the behalf of the Town and its Police Department fingerprint-based
state and national criminal record background checks, including of FBI records, consistent with
this by-law. The Town authorizes the Police Department to receive and utilize FBI records in
connection with such background checks, consistent with this by-law.
Section 103-2 Applicant's Submission to Fingerprinting by the North Andover Police
Department
Any applicant for a license to engage in any of the following occupational activities within the
Town shall submit a full set of fingerprints taken by the North Andover Police Department
within ten (10) days of the date of the application for a license for the purpose of conducting a
state and national criminal record background check to determine the suitability of the applicant
for the license:
Liquor Licensee
Manager or Alternate Manager of a Liquor Licensee
Hawker and Peddler
Hackney Carriage (Taxi) Operator
Solicitors and Canvassers
Dealers in Junk, Second-Hand Articles and Antiques
Second-Hand Motor Vehicle Dealers
Ice Cream Truck Vendor
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At the time of fingerprinting, the Police Department shall notify the individuals fingerprinted
that the fingerprints will be used to check the individual's FBI criminal history records.
Section 130.3 Police Department Processing of Fingerprint-Based Criminal Record
Background Checks and Communication of Results
The Police Department shall transmit fingerprints it has obtained pursuant to Section 130-2 of
this by-law to the Identification Section of the Massachusetts State Police, DCJIS, and/or the
FBI as may be necessary for the purpose of conducting fingerprint-based state and national
criminal records background checks of license applicants specified in Section 130-2.
As further detailed in the Town's policy applicable to Town licensing-related criminal record
background checks, the Police Department shall provide the applicant with a copy of the results
of his or her fingerprint-based criminal record background check and supply the applicant the
opportunity to complete, or challenge the accuracy of, the information contained in it, including
in the FBI identification record. The Police Department shall also supply applicants with
information regarding the procedures for obtaining a change, correction, or updating of a
criminal record, including a copy of 28 C.F.R. Part 16.34 pertaining to FBI identification
records. In no event shall the Police Department render a suitability evaluation pursuant to the
paragraph below until it has taken the steps detailed in this paragraph and otherwise complied
with the Town's policy applicable to Town licensing-related criminal record background
checks.
The Police Department shall communicate the results of fingerprint-based criminal record
background checks to the applicable licensing authority within the Town. The Police
Department shall in addition render to the licensing authority its evaluation of the applicant's
suitability for the proposed occupational activity based upon the results of the criminal records
background check and any other relevant information known to it. In rendering its evaluation,
the Police Department shall consider all applicable laws, regulations and Town policies bearing
on an applicant's suitability. The Police Department shall indicate whether the applicant has
been convicted of, or is under pending indictment for, a crime that bears upon his or her
suitability, or any felony or misdemeanor that involved force or threat of force, controlled
substances or a sex-related offense.
Chapter 130-4 Reliance on Results of Fingerprint-Based Criminal Record Background
Checks
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record
background checks for the sole purpose of determining the suitability of the subjects of the
checks in connection with the license applications specified in Section 130-2. A Town
licensing authority may deny an application for a license on the basis of the results of a
fingerprint-based criminal record background check if it determines that the results of the check
render the subject unsuitable for the proposed occupational activity. The licensing authority
shall consider all applicable laws, regulations and Town policies bearing on an applicant's
suitability in making this determination. The licensing authority shall not deny a license based
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on information in a criminal record unless the applicant has been afforded a reasonable time to
correct or complete the record or has declined to do so.
Chapter 130-5 Compliance with Law, Regulation, and Town Policy
Implementation of this by-law and the conducting of fingerprint-based criminal record
background checks by the Town shall be in accordance with all applicable laws, regulations,
and Town policies, including, but not limited to, the Town's policy applicable to licensing-
related criminal record background checks. The Town shall not disseminate the results of
fingerprint-based criminal background checks except as may be provided by law, regulation,
and Town policy. The Town shall not disseminate criminal record information received from
the FBI to unauthorized persons or entities.
Section 130.6 Fees
The fee charged by the Police Department for the purpose of conducting fingerprint-based
criminal record background checks shall be set by the Board of Selectmen pursuant to G.L.c.40,
s.22F (We have not adopted this —Do we need to set fee in bylaw?). A portion of the fee, as
specified in Mass. Gen. Laws Chapter 6, Section 172B '/2, shall be deposited into the Firearms
Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by
the Town for costs associated with the administration of the fingerprinting system.
Or to take any other action relative thereto.
Police Chief
Article Z. Reduction of Community Preservation Act Surcharge. To see if the Town
will as follows:
Should we, the tax payers of North Andover, reduce the Community Preservation Act
surcharge?
The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for
dollar. Since that time, many projects benefiting the town have been completed—protection of
our drinking water, assisting in renovations of the Town Hall, Steven's Estate, the Senior Center
and more at a cost of 21 million tax dollars.
Due to the downturn in the economy, the State has reduced their matching amount to .26 cents
on the dollar. Is it time to follow the Commonwealth lead and reduce our spending?
The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the
surcharge from 3% to a more reasonable land 1/2%?
Petition of William P. Callahan and others
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Article W. Petition the General Court - Special Act - Chan2e in Liquor Quota-All
Alcoholic Beverages for Package Stores-LaBotte2a,LLC 1820 Turnpike Street. To see if
the Town will vote to Petition the Legislature to allow the North Andover Licensing Authority
to override the provisions of Massachusetts General Law Chapter 138 Section (17) (Number of
licenses quotas; licenses for wine and malt beverages per population unit; additional licenses;
estimates of increased population; decrease in quota due to loss in population; determination of
population city or town.) for the increase in the number of All Alcoholic Beverages Licenses for
Package Stores by one (1) for La Bottega, LLC,Angela Paolini Manager, 1820 Turnpike Street
North Andover, Massachusetts 01845.
Or to take any other action relative thereto.
Petition of Angela Paolini and others
Article X. Petition the General Court-Amend Charter for the Town of North Andover-
Amend Chapter 8-Section 1 — Town Election Date. To see if the Town will vote to amend
Chapter 8 Section 1 Paragraph 8-1-1of the Charter for the Town of North Andover to read:
The regular election for all town offices shall be by official ballot held on the second
Tuesday in June of each year: or to take any other action relative thereto.
Petition of George Vozeolas and others
Or to take any other action relative thereto.
Article Y. Petition the General Court-Amend Charter for the Town of North
Andover-Amend Chapter 8-Section 3-1 —Procedures. To see if the Town will vote to
petition the General Court to amend the Town Charter for the Town of North Andover by
adding the underlined language and deleting the stricken text as follows:
Section 3 Procedures
2-3-1 The town meeting shall meet r° ulaf y between Apfil twenty eighth and N4a twenty-
eighth,
as specified in the town by-laws and in accordance with Massachusetts General Laws Chapter 39
Section 9 to consider and adopt an annual operating and capital budget, and to act on other matters. The
meeting shall be continued on other days, until all articles in the warrant have been acted upon.
Or to take any other action relative thereto.
Town Clerk
Article Z. Amend General Bylaws-Chapter 59 Section 6—Annual Town Meeting.
To see if the Town will vote to amend the General Bylaws for the Town of North Andover
Chapter 59 Section 6 by deleting the stricken text as follows:
§ 59-6 Annual Town Meeting
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Annual Town mooting shall be held „r the fifst na„nda in May at 7:00 p.m. The Board of
Selectmen shall vote to set the date of the Annual Town Meeting in accordance with Chapter 39
Section 9 of Massachusetts General Laws.
In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to
postpone by vote, an Annual Town Meeting, any such postponement shall be held on any weekday
evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon.
Or to take any other action relative thereto.
Town Clerk
Article AA. Amend General Bylaws-Add New Chapter-Chapter 174-Trees. To see if
the Town will vote to amend the General Bylaws of the Town of North Andover by adding a
new chapter-Chapter 174 —Trees to read as follows:
CHAPTER 174
Trees
§174.1 Purpose These regulations are enacted for the purpose of preserving and
protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on
portions of private property. To achieve these purposes, this ordinance empowers the Tree
Warden, to regulate the removal and replacement of trees in certain circumstances, and to
promote the planting and protection of trees throughout the Town. It is desirable to plant more
trees than are removed to compensate for tree losses and the length of time to maturity. The
provisions of this ordinance, when pertaining to private property, apply only when there is
major construction or demolition as defined below and only within setback areas.
174-2. DEFINITIONS In the absence of contrary meaning established through legislative
or judicial action pursuant to M.G.L. Chapter 87, the following terms contained in that statute
shall be defined as follows:
2.1 CALIPER -- Diameter of a tree trunk (in inches) measured six inches above the
ground
for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees.
2.2 DBH ('Diameter at Breast Height") -- The diameter (in inches) of the trunk of a
tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 41/2
feet from the existing grade at the base of the tree.
2.3 DEMOLITION -- Any act of pulling down, destroying, removing or razing a
building or commencing the work of total or substantial destruction with the intent of
completing the same.
2.4 MAJOR CONSTRUCTION -- Any construction of a structure on a vacant lot, or
any construction of one or multiple structures or additions to structures on an existing lot,
wherein there would result an increase of 50% or more in the total footprint of the new
structure(s), when compared to the total footprint of the pre-existing structure(s).
2.5 PERSON -- Any person, firm, partnership, association, corporation, company or
organization of any kind including public or private utility and municipal department.
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2.6 PROTECTED TREE -- Any tree on private land, with a DBH of eight inches or
greater (or any multiple trunk tree with a DBH of 15 inches or greater), located in the set back
area (or which, as
determined by the Tree Warden, has any portion of the stem between six inches and 41/2 feet
above grade actively growing into the setback area), provided that tree is not hazardous or
undesirable.
2.7 PUBLIC SHADE TREE -- Any tree within the public right-of-way except for
state highways that, as determined by the Tree Warden, has any portion of the stem between six
inches and 41/2 feet above grade actively growing into the public right-of-way.
2.8 SETBACK AREA -- The portion of the lot which constitutes the minimum side,
rear and front yard as described in the Zoning By-Law of the Town of North Andover. For
purposes of establishing the setback area in which the provisions of this ordinance shall apply,
the measurement shall be from any point on any property line of the lot, to points along an
imaginary line drawn representing the minimum setback requirement.
2.9 TOWN TREE -- Any tree within a public park or open space under the
jurisdiction of the Town of North Andover on public school grounds, or on any other Town-
owned land.
2.10 TREE REMOVAL -- Any act that will cause a tree to die within a three-year
period.
2.11 TREE WARDEN— Shall be the Board of Selectmen or their Designee
The Tree Warden may provide other such definitions or terms in rules and regulations,
approved by the Selectmen, deemed useful to implement this ordinance.
Section 174-3. APPLICABILITY The circumstances under which the tree protection,
removal and replacement regulatory process delineated in this ordinance shall apply are as
follows:
3.1 Proposed cutting (trunk, limbs or roots) of existing public shade trees on public
and private ways (accepted or unaccepted streets) or of Town trees on Town-owned (or leased
land being used as a public facility) by any person.
3.2 Proposed demolition of an existing residential or nonresidential structure.
3.3 Proposed major construction on an existing residential or nonresidential lot.
Section 174-4.NON-APPLICABILITY This by-law shall not apply in any instance where
the Planning Board, the Zoning Board of Appeals or the Conservation Commission has
established jurisdiction, including but not limited to the following:
4.1 The Planning Board regulates the planting, retention and/or replacement
of public shade trees, by means of the Board's authority over subdivision of land and/or the
administration of unaccepted streets as defined by the Planning Board's Development
Regulations;
4.2 The Planning Board regulates planting, retention and/or replacement of
on-lot trees on private residential land, where said property is subject to a special permit under
the Zoning By-Law, or issues recommendations emanating from a preliminary site development
and use plan review;
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4.3 The Zoning Board of Appeals regulates planting, retention and/or
replacement of on-lot trees on private nonresidential land, where said property is subject to a
special permit under the Zoning By-Law;
4.4 The Conservation Commission regulates the retention and/or replacement
of on-lot trees, by means of administering the Wetlands Protection Act (Chapter 131 and 310
CMR) within jurisdictional areas of the property.
Section 174-5 TREE WARDEN The duties or responsibilities of the Tree Warden shall
conform to General Law Chapter 87 and shall include, but not be limited to, the following as
may be further specified in this ordinance:
5.1 Management of all trees within public rights-of-way and adjacent to
public buildings and commons; care and control of trees on Town property if so requested by
the Selectmen, and on Town land owned by other departments such as Schools, Recreation and
Conservation, if so requested by the respective department and approved by the Selectmen;
5.2 Expending funds, appropriated for planting trees on Town land under the
jurisdiction of the Tree Warden;
5.3 Granting or denying and attaching reasonable conditions to all permits
required under this ordinance;
5.4 Work to seek grants or other assistance concerning the preservation and
maintenance of trees in Town;
5.5 Development of rules, regulations, tree inventory, manuals and other
data, to carry out the purposes and intent of this ordinance for approval and promulgation by the
Selectmen;
5.6 Enforcement of this ordinance;
5.7 Appointment or removal of Deputy Tree Wardens who may enforce this
Bylaw;
5.8 The Selectmen may authorize the Tree Warden to undertake other
responsibilities consistent with the purposes and intent of this ordinance.
Section 174-6 PUBLIC SHADE TREES AND TOWN TREES
6.1 Scope. A public shade tree or Town tree may not be cut, pruned, removed or
damaged by any person or the Town until and unless the Tree Warden issues a written permit
pursuant to this section.
6.2 Procedures. Any person seeking to prune or remove a public shade tree or
Town tree shall submit an application to the Tree Warden in accordance with any application
requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on
applications for removal, at the expense of the applicant, in accordance with the provisions
outlined within General Law Chapter 87. The permit issued by the Tree Warden may specify
schedules, terms, and conditions, including requiring the planting of replacement trees.
6.3 Planting of trees on Public Land. Any person seeking to plant a tree on public
land under the jurisdiction of the Tree Warden must obtain written permission from the Tree
Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate
by the Tree Warden.
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Section 134-7 PROTECTED TREES
7.1 Scope. The removal of protected trees in conjunction with demolition or major
construction is prohibited unless authorized by the Tree Warden, as set forth below.
7.2 Procedures. When major construction or demolition is planned, the owner of the
property shall submit to the Building Inspector as part of the application for a building or
demolition permit a site plan drawn and stamped by a registered land surveyor showing all
existing trees on the property of eight-inch DBH or greater.
7.2.1 If any protected trees will be removed or damaged in connection with major
construction or demolition, the owner of the property shall submit a proposal for tree removal
and mitigation to the Building Inspector with the application for a building or demolition
permit. Additionally, if any protected trees were removed during the 12 months preceding the
application for the building or demolition permit, a tree removal and mitigation proposal
regarding the protected trees already removed shall be submitted to the Building Inspector. The
proposal shall satisfy the mitigation requirements set forth below and any rules, regulations or
manuals promulgated by the Selectmen. The Selectmen shall set an application fee.
7.2.2 The Building Inspector shall refer the tree proposal to the Tree Warden. The Tree
Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation
requirements herein and the rules, regulations or manuals issued by the Selectmen, the Tree
Warden will issue a permit within 10 business days of receipt by the Tree Warden of the
proposal to authorize the tree work. If the proposal does not meet or satisfy these requirements,
the Tree Warden shall so notify the applicant and deny the permit.
7.2.3 An applicant may appeal the denial or grant of a tree permit to the Board of
Selectmen. The Board of Selectmen shall conduct a public hearing on the appeal and shall give
the public notice thereof, at the expense of the applicant. Public notice shall include all persons
owning land within 300 feet of any part of applicant's land at least 14 days before said hearing.
The Board of Selectmen shall rule within 20 days of the public hearing.
7.2.4 Appeals of final decisions of the Board of Selectmen shall be to Superior Court
and shall be limited to whether the decision was arbitrary or capricious.
7.3 Mitigation. A protected tree shall not be removed unless at least one of the following
provisions is satisfied:
7.3.1 Replanting of trees: such replanting shall be on the basis of 1/2 inch of caliper of
new tree(s) for each inch of DBH of tree(s) removed, and each replanted tree must have a
minimum caliper of three inches. The replanting shall occur no later than 12 months after
completion of the construction work, either on applicant's land or on land abutting applicant's
land with express approval of the owner of such abutting land;
7.3.2 Contribution into a dedicated tree planting account: such contribution shall be $50
per DBH inch of protected tree or Town tree removed not already mitigated.
7.3.3The applicant demonstrates that the removal of a protected tree is desirable to
enhance the landscaping on the lot, and that such removal does not negatively impact in an
excessive manner on the character of the neighborhood or on the privacy enjoyed by abutters.
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Section 174- 8. EMERGENCIES AND EXEMPTIONS Provisions of this bylaw shall not
apply to:
8.lEmergency projects necessary for public safety, health and welfare as determined by
the Director of Public Works or the Town Manager;
8.2Trees which are hazardous as determined in writing by the Tree Warden;
8.3 Invasive tree species as identified by the Tree Warden in accordance with the
Massachusetts Invasive Species List;
8.4 Trees identified by the Commonwealth that pose a risk of disease or insect
infestation.
Or to take any other action relative thereto.
Department of Public Works
Article BB. Amend North Andover Zoning Bylaw— Section 8.1.4(a) Off-Street Parking
General Requirements. To see if the Town will vote to amend the Town of North Andover
Zoning Bylaw, Section 8.1.4(a) Off-Street Parking General Requirements in order to allow
seasonal outside seating to not counts towards the parking requirements.
Amend Section 8.1.4(a)by adding Note 8 to the use table as follows:
Notes:
8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this
regulation as long as the seating does not exceed 25% of the indoor seating or a total of twenty
outdoor(20) seats, whichever is greater;
robertsonkaren@townoffiorthandover.com
Or to take any other action relative thereto.
Planning Board
Article CC. 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 date of the newly adopted flood maps.
Amend Section 4.137 by adding the underlined language and removing the text shown as
stricken to read as follows:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
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c. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION
AND FLOODWAY DATA
The Flood Plain District is herein established as an overlay district and includes all
special flood hazard areas within the Town of North Andover designated as Zone A and
AE on the Essex County Flood Insurance Rate Maps (FIRMS) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRMS that are wholly or
partially within the Town of North Andover are panel numbers 25009CO207F,
25009CO209F, 25009CO217F, 25009CO226F, 25009CO227F, 25009CO228F,
25009CO229F, 25009CO233F, 25009CO236F, 25009CO237F, 25009CO238F,
25009CO239F, 25009CO241F, 25009CO242F, 25009CO243F, 25009CO244F,
25009CO377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the
District may be defined by the 100-year base flood elevations shown on the FIRM and
further defined by the Essex County Flood Insurance Study (FIS) report dated July 3,
2012. The FIRM and FIS report are incorporated herein by reference and are on file
with the Town Clerk, Planning Board, Building Official and Conservation Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
a. Floodway Data. In Zone Aj,AH, and AE, along watercourses that have not
had a regulatory floodway designated, the best available Federal, State, local or other
floodway data as determined by the Building Inspector, in consultation with the
Director of the Division of Public Works, shall be used to prohibit encroachments in
floodways which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
b. Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps
may be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered
professional engineer or land surveyor shows that the flood plain contour elevation
does not occur in any area of proposed buildings, structures, improvements,
excavation, filling, paving, or other work activity. The person requesting the
determination shall provide any other information deemed necessary by the Building
Inspector, in consultation with the Director of Division of Public Works to make that
determination. If the Building Inspector, in consultation with the Director of the
Division of Public Works, determines that the Flood Insurance Rate Maps are in
error, the subject area shall not be regulated as occurring within the Flood Plain
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District, and any such determination shall be noted on the Flood Insurance Rate
Maps. Nothing in this section shall prohibit the Conservation Commission, Board of
Health, or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration
of relocation:
a. Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1. Adjacent Communities
3. NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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)-
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
f. Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures
of these state regulations.
6. OTHER USE/DEVELOPMENT REGULATIONS
[Within
FIRM,'
,
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b. Within Zone[s A, " a' AE, along watercourses that have a regulatory floodway
within the Town of North Andover, on the Essex County FIRMS dated July 3, 2012;
encroachments are prohibited in the regulatory floodway which would result in any
increase in flood levels within the community during the occurrence of the base
flood discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the
Division of Public Works, demonstrating that such encroachments shall not increase
flood levels during the occurrence of the 100 year flood, and if both the Building
Commissioner, in conjunction with the Director of the Division Public Works
approve this certification, such encroachments shall not be deemed to be prohibited.
c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S
and 81T [or any revisions to the subdivision control law referencing the submission
of preliminary or definitive subdivision plans], respectively shall be designed so that:
1. Such proposals minimize flood damage;
2. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards.
4. Existing contour intervals of site and elevations of existing structures must be
included on plan proposal;
5. The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer,
and Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
Proposed maps are on file in the Office of the Town Clerk and the Conservation
Commission Office and on the Town's web site.
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.
Planning Board
Article DD. Amend North Andover Zoning Bylaw — Section 4.135 Industrial "S"
District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw,
Section 4.135 in order to allow retail stores that are an accessory use to warehousing or
wholesaling.
Amend Section 4.135 by adding the underlined language and deleting the stricken
language to read as follows:
4.135 Industrial "S" District
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8. Premises of a bank, post office, telephone exchange or telephone business office, local bus
passenger station, or business office buildings. By Special Permit, an automobile service or
filling station, a diner, a restaurant, a retail food store, and retail stores that are
supplementary to warehousing, wholesaling and/or a service business. but no other retail
stores of any kind.
(Proposed Zoning Bylaw amendment to allow additional retail uses within the Industrial "S"
Zone)
Planning Board
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Article EE. Amend North Andover Zonin2 Map -1080 Os2ood Street-Assessors Map 35-Parel
19 from Industrial 2 (12) to Business 2 (B-2). To see if the Town will vote to amend the Town of
North Andover Zoning Map, Assessor's Map 35 Parcel 19 from Industrial-2 to Business-2; or to take
any other action relative thereto.
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Planning Board
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Article FF. Amend Section 16.2 of the Zoning Bylaw- Allow Drive-thru restaurants in
CDD1 District. To see if the Town will vote to amend Section 16.2 of the Town of North
Andover Zoning Bylaws, in the Corridor Development District 1 (CDD1) by inserting the
following language:
" Drive-thru restaurants shall be permitted within the CDD 1 zone provided that they are located
more than 250 feet from the R6 zoned district."
Or to take any other action relative thereto. (The language of this article has to be clarified
with property owner as to intent)
Board of Selectmen
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