HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.10.2016 2016 Annual Town Meeting Minutes —May 10, 2016
Town Moderator Mark S. DiSalvo called the 2016 Annual Town Meeting to order at 7:06
PM in the Auditorium of the North Andover High School 430 Osgood Street on Tuesday May
10, 2016. The Town Moderator recognized Dr. William Campbell, North Andover resident and
Nobel Prize winner in Medicine as well as students from the North Andover Middle School who
are also working on projects in medicine. Moderator DiSalvo introduced Board and Committee
members and participating Town Officials. He summarized the Simplified Rules of
Parliamentary Procedure which are printed in their entirety in the Report of the Finance
Committee. There is no quorum requirement for any Annual or Special Town Meeting as
established by Article 14 of the 1999 Annual Town Meeting and approved by the Attorney
General on July 27, 1999. Moderator DiSalvo explained the voting procedure using raised cards
for voting and the implementation of the bylaw allowing votes to be declared by the Moderator
for issues requiring a two-thirds vote at each session. Check lists showed a total of 483 voters
present.
A motion was made by Tracy M. Watson, 9 William Street, Chairman of the Board of
Selectmen, seconded by Rosemary Connelly Smedile 65 Greene Street, to dispense with the
reading of the warrant, and with the reading of the constable's return of service of that warrant
and further moved that the Moderator not be required to read articles of the warrant verbatim,but
to be allowed to refer to articles by number and by subject matter; and further that amendments
need not be read but are to be voted upon as displayed or otherwise provided, in print, to the
voters in attendance. Motion unanimously approved.
The Annual Town Meeting was adjourned into the Special Town Meeting which was
called by separate warrant and called to order by Moderator DiSalvo at 7:22PM after Article 8 of
the Annual Town Meeting. A motion was made by Tracy M. Watson, 9 William Street,
Chairman of the Board of Selectmen, seconded by Rosemary Connelly Smedile 65 Greene
Street, to dispense with the reading of the warrant, and with the reading of the constable's return
of service of that warrant and further moved that the Moderator not be required to read articles of
the warrant verbatim, but to be allowed to refer to articles by number and by subject matter; and
further that amendments need not be read but are to be voted upon as displayed or otherwise
provided, in print, to the voters in attendance. Motion unanimously approved. Voters who
registered to vote after April 20, 2016 and before April 30, 2016 were eligible to vote only in the
Special Town Meeting and received separate voting cards.
The May 10, 2016 Special Town Meeting dissolved by unanimous vote at 7:22PM on
May 19, 2016 with all articles voted.
The 2016 Annual Town Meeting dissolved by unanimous vote at 9:OOPM on May 10,
2016 with all articles voted.
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Article 1: Reports of Special Committees. Unanimous vote to hear and/or accept the reports
of any appointed special committees, if any. No reports given.
Article 2: Reports of Receipts and Expenditures. Unanimous vote to accept the reports of
receipts and expenditures as presented by the Selectmen in the 2015 Annual Town Report.
Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. Unanimous vote in accordance with the provisions of
Massachusetts General Laws Chapter 30B, §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.
Article 4: Authorization to Accept Grants of Easements. Unanimous 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 or any public purpose on terms and conditions the
Board and Committee deem in the best interest of the Town.
Article 5: Authorization to Grant Easements. Unanimous vote to authorize the Board of
Selectmen and the School Committee to grant easements for access, water, drainage, sewer,
roadway and utility purposes or any public purpose on terins and conditions the Board and
Committee deem in the best interest of the Town.
Article 6: Amend General Bylaws— Chapter 88 Dogs. Unanimous vote to amend the Town
of North Andover General Bylaws, Chapter 88 —Dogs, as follows:
Section 88-5 is hereby amended by inserting "however the designee shall not be the ACO" so
that Section 88-1 shall read:
88-5 Hearing Authority
The Hearing Authority shall be the Police Chief or his or her designee; however the
designee shall not be the ACO.
APPROVED BY ATTORNEY GENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
Article 7: Authorization to Initiate the Process to Aggregate Electrical Load. Majority
vote pursuant to M.G.L. c. 164, § 134(a) to authorize the Board of Selectmen to initiate the
process to aggregate electrical load and become an aggregator of electric power on behalf of its
residential and business electric customers and to reestablish such plan if its operation is
suspended; and to negotiate and enter into such contracts for power supply pursuant to the plan
or services for such plan, with the understanding that if a power supply contract is executed,
individual consumers would retain the option not to participate in the aggregation plan and,
instead, to choose any electricity alternatives they desire.
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Article 8: Add New General Bylaw Chapter 78 - Stretch Energy Code. Unanimous vote to
add Chapter 78 to the Town of North Andover General Bylaws, entitled "Stretch Energy Code"
for the purpose of regulating the design and construction of buildings for the effective use of
energy, pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, the
Stretch Energy Code, including future additions, amendments or modifications thereto, as
follows:
Chapter 78-Stretch Energy Code
78.1 Definitions
International Energy Conservation Code (IECC)
The International Energy Conservation Code (IECC) is a building energy code created by the
International Code Council. It is a model code adopted by many state and municipal
governments in the United States for the establishment of minimum design and construction
requirements for energy efficiency, and is updated on a three year cycle. The baseline energy
conservation requirements of the MA State Building Code are the IECC with Massachusetts
amendments, as approved by the Board of Building Regulations and Standards.
Stretch Energy Code
Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 115.AA of
the 8" edition Massachusetts building code, the Stretch Energy Code is an appendix to the
Massachusetts building code, based on further amendments to the International Energy
Conservation Code (IECC) to improve the energy efficiency of buildings built to this code.
78.2 Purpose
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base
Energy Code applicable to the relevant sections of the building code for both new construction
and existing buildings.
78.3 Applicability
This code applies to residential and commercial buildings. Buildings not included in this scope
shall comply with 780 CMR 13, 34, 51, as applicable.
78.4 Stretch Code
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR
Appendix 115.AA, including any future editions, amendments or modifications, is herein
incorporated by reference into the Town of North Andover General Bylaws, Chapter 78.
The Stretch Code is enforceable by the inspector of buildings or building commissioner.
78.5 Effective Date
The effective date of this bylaw shall be January 1, 2017.
APPROVED BY ATTORNEY GENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
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Article 9: Amend Zoning Bylaw— Section 8: Supplementary Regulations. Two-third Vote
declared by the Moderator to amend the Town of North Andover Zoning Bylaw, Section 8 —
Supplementary Regulations, by making the following amendments to Subsection 8.3 (by
identifying text which is deleted as strikethrough and text added as underlined), as follows:
8.3 Site Plan Review
5. Information Required
a) Special Permit Application Form, along with any fees as may be set by the Town
Bylaw;
b) Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a
scale as approved in advance by the Town Planner. Revised plans shall contain a
notation listing and describing all revisions, additions, and deletions made to the
originally submitted plans and the date of each.
c) All site plans shall be prepared by a certified architect, landscape architect, and/or a
civil engineer registered in the Commonwealth of Massachusetts. All landscape plans
shall be prepared by a certified landscape architect registered in the Commonwealth
of Massachusetts. All building elevations shall be prepared by a certified architect
registered in the Commonwealth of Massachusetts. All stormwater management plans
and drainage calculations must be submitted with the stamp and signature of a
Professional Engineer (PE) licensed to conduct such work in the Commonwealth
of Massachusetts.
d) The times for submission of the site plans for review by the Planning Board are
specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations)
e) The following information must be submitted along with the application:
i.NORTH ARROW/LOCATION MAP: A north arrow and a location map showing
surrounding roadways and land uses adjacent to the site (1"=1500'). Location Map
should show at least one intersection of two existing Town roadways.
ii. SURVEY OF LOT/PARCEL: A boundary survey conforming to the
requirements of the Essex County Registry of Deeds Office. The survey shall be
dated and include any revision made to the survey or site plan. Any change in the
survey shall be recorded before site plan approval may be granted.
iii. NAME/DESCRIPTION OF PROJECT: The name of the development and
the names, addresses and telephone numbers of the project listing tenants, land
uses, development phases, or other pertinent information necessary to evaluate the
proposed development plan.
iv. EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or
legal encumbrances(s) that are related to the sites physical development, and a
listing of any condition(s) placed upon the site by the Board of Appeals, Planning
Board, Conservation Commission, or any public body or agency, with the
authority to place conditions on the sites development.
V. TOPOGRAPHY: The present and proposed topography of the site,
utilizing two foot (2') contour intervals.
the plan. Existing topography fifty feet (50')beyond the perimeter of the parcel as
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it appears on the most current Town of North Andover topographic mappingshall
hall
also be shown.
vi. ZONING INFORMATION: All applicable Zoning Bylaw information
shall be provided regarding the site's development. This information shall be
placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-
ratio, number of dwelling units, total amount of square feet, size of signs and any
other applicable zoning information necessary for the proper review of the site
plan by the Town Planner and Planning Board.
vii. DRAINAGE AREA MAP: A drainage area map showing pre and post
construction watersheds, subwatersheds and stormwater flow paths, including
municipal drainage system flows;
viii. STORMWATER MANAGEMENT PLAN: All applications for Site Plan
Review shall include the submittal of a Stormwater Management Plan prepared in
accordance with the latest version of the Massachusetts Stormwater Handbook
and additional criteria established herein and demonstrating full compliance with
the Massachusetts Stormwater Standards and the North Andover Stormwater
Management and Erosion Control Regulations promulgated under Chapter 160 of
the Town Bylaws (Stormwater Management and Erosion Control B law)•--A41—
stafffi water- dr-aina e eentr-ol f4eilifies titilized by the site shall be shown on t
site plan. Stofm water- dfainage ealettlations whieh supper-t the design of t
eatitfal f4eilities sha�Nffi the plan shall be subfflitted to the Depat4mei4 of Pub
zefe of the 2, 10, and 100 yeaf stafffl event.
ix. BUILDING LOCATION: Identification of all existing and proposed
structure(s) located on the site. The number of stories, overall height in feet and
gross floor area in square feet of all structure shall be indicated.
X. BUILDING ELEVATION: A drawing of the exterior of the building, as
viewed from the front (street view) must be submitted. The Planning Board may
request side and rear views if relevant to the Board's review. This drawing must
be at least 8" x I V in size.
xi. LOCATION OF PARKING/WALKWAYS: Identification of the location
of all existing and proposed parking and walkways areas, including curb cuts that
will be used to access the site from adjacent roadways, or access points.
xii. LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas
as defined in M.G.L. Chapter 131, Section 40 and/or the Town of North Andover
Wetland Protection Bylaw Ch. 178), shall be shown on the site plan. If
applicable, the applicant shall file a Notice of Intent with NACC concurrently
with the application to the Planning Board for Site Plan Review.
xiii. LOCATION OF WALLS/SIGNS: Identification of the location, height
and materials to be used for all retaining walls and signs located on the site. Signs
will be reviewed using the guidelines set forth in Section 6.7 (H) of the Zoning
Bylaw.
xiv. LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-
ways and driveways including the type of curb and gutter to be used, and their
dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown
for both sides of any streets which is adjacent to the site.
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xv. OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location
and type of outdoor storage and display areas on the site.
xvi. LANDSCAPING PLAN: The general outline of existing vegetation,
wooded areas, significant trees, unique species and tree clusters and the extent of
all vegetation, wooded areas, significant mature trees (> 12 inches DBH), unique
species and/or tree clusters to be removed and identification of the location and
landscape schedule of all perimeter and interior landscaping, including but not
limited to proposed paving materials for walkways, fences, stonewalls and all
planting materials to be placed on the site. rr addition, all @;6st i4g *,.00s; -1-2
nrEhPUs 9B14, to be s-ave-4 of shal-1be-, sh^ *he, s;toU plaa. Any
landscaping required by the Town Bylaws shall be indicated on the site plan in
tabular form showing the amount required and the amount provided.
xvii. REFUSE AREAS: Identification of the location of each outdoor refuse
storage area, including the method of storage and screening. All refuse areas must
be fully enclosed.
xviii. LIGHTING FACILITIES: Identification of the proposed illumination,
indicating the direction and the degree of illumination offered by the proposed
lighting facilities, including an example of the light fixture to be used.
�6�i. DRAP�AGE BASIN STUDY.: A detailed hydrology sttidy for- the site.
xx. TRAFFIC IMPACT STUDY: Identification of existing traffic levels,
along with the expected traffic impacts to occur based upon the proposed project.
Projects which access state highways, a traffic impact study shall be filed with
MEPA concurrently with the Planning Board review. A copy of the MEPA study
shall be filed with the application to the Planning Board.
xxi. COMMONWEALTH REVIEW: Any information required and submitted
to any agency of the Commonwealth, shall be filed with the Planning Board upon
the initial submission of the project for Board review.
xxii. UTILITIES: All utilities, including water line locations, sewer line
locations and profiles, and storm drainage systems;
xxiii. FISCAL IMPACT: Projections of costs rising from increased demand for
public services and infrastructure; provisions of benefits from increased tax
revenues, employment and infrastructure improvements; and impacts on adjacent
property values.
xxiv. COMMUNITY IMPACT: Analysis of the project's impact on the
surrounding neighborhood in terms of architectural consistency, pedestrian
movement and overall character; impacts on nearby historic structures or site; and
an evaluation of the proposed project's consistency and compatibility with
existing local and regional plans.
f) If the site plan review application is for the construction of any new wireless service
facility on a previously permitted facility as set forth in Section 8.9(3)(a)9II) Wireless
Service Facilities Use Regulations, the information required by Section 8.9(5) must
also be submitted. The SPGA may grant a waiver from these submittal requirements
6
if it finds that such information is not needed for a thorough review of a proposed
personal wireless service facility (1998/38).
6. Review Criteria/Design Guidelines
a) The following criteria and design guidelines shall be used by the Planning Board in
evaluating the site plan review and all information submitted as part of the
application.
i) General
a) Conformance with all appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties from detrimental site characteristics.
ii) Environmental
a) Protection of unique or important natural, historic or scenic features.
b) Adequacy of proposed methods of refuse disposal.
c) Ability of proposed sewage disposal and water supply systems within and
adjacent to the site to serve the proposed use.
d) Adequacy of the proposed drainage system to mitigate runoff increases and
protect water quality. wit-hin and adjaeent to the site to handle the iner-eased
e) Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the parking lot
and a landscape buffer along the street frontage.
f) Adequacy of the soil erosion plan and any plan for protection of steep slopes,
both during and after construction.
g) Protection of adjacent properties by minimizing the intrusion of lighting,
Including parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable adverse impact
on the surrounding area resulting from excessive noise, dust, smoke, or
vibration which are higher than levels now experienced from uses permitted in
the surrounding area.
iii) Design
a) Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
development.
b) The buildings shall relate harmoniously to each other in architectural style, the
location and building exits and entrances.
c) Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
d) Electric, telephone, cable t.v., and other such lines and equipment must be
placed underground.
e) Demonstrate that the scale, massing and detailing of buildings are compatible
with those prevalent in the surrounding area.
iv) Traffic/Parking
a) The location and number of curb cuts shall be minimized to reduce turning
movements, and hazardous exits and entrances.
b) Provision for access to adjoining properties shall be provided as
appropriate.
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C) Driveways shall be located opposite each other wherever possible.
d) Joint access driveways between adjoining properties shall be encouraged.
e) Internal circulation and egress shall provide for traffic safety, and access
to and from minor streets servicing one family dwellings shall be
minimized.
v) Stormwater Management
a) At a minimum all projects subject to Site Plan Review shall comply with the
criteria, specifications, and performance standards of the most recent version
of Massachusetts Stormwater Management Standards and accompanying
Stormwater Management Handbook. The Lake Cochichewick Watershed
Area shall be considered a Critical Area in terms of applicability of the
standards.
b) Projects subject to the Bylaw shall also comply with the requirements and
criteria outlined in Sections 7.0 through 10.0 of the North Andover
Stormwater Management and Erosion Control Regulations promulgated under
Chapter 160 of the Town Bylaws (Stormwater Management and Erosion
Control Bylaw).
vi) Landscape Design
a) Landscape designs shall be developed based on soil, light and other site
specific conditions. Plant species shall be chosen for their ability to thrive in
the post-development soil, water and use conditions of the site without
significant supplemental water or fertilizer, once established.
b) Plant species shall be native to inland Essex County or shall be cultivars of
these native species.
Amended Section 8.3 Site Plan Review to read as follows:
8.4 Site Plan Review
5. Information Required
f) Special Permit Application Form, along with any fees as may be set by the Town
Bylaw;
g) Drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a
scale as approved in advance by the Town Planner. Revised plans shall contain a
notation listing and describing all revisions, additions, and deletions made to the
originally submitted plans and the date of each.
h) All site plans shall be prepared by a certified architect, landscape architect, and/or a
civil engineer registered in the Commonwealth of Massachusetts. All landscape plans
shall be prepared by a certified landscape architect registered in the Commonwealth
of Massachusetts. All building elevations shall be prepared by a certified architect
registered in the Commonwealth of Massachusetts. All stormwater management
plans and drainage calculations must be submitted with the stamp and signature
of a Professional Engineer (PE) licensed to conduct such work in the
Commonwealth of Massachusetts.
i) The times for submission of the site plans for review by the Planning Board are
specified in Section 10.3 of the Zoning Bylaws (Special Permit Regulations)
j) The following information must be submitted along with the application:
8
xxv. NORTH ARROW/LOCATION MAP: A north arrow and a location map
showing surrounding roadways and land uses adjacent to the site (1"=1500').
Location Map should show at least one intersection of two existing Town
roadways.
xxvi. SURVEY OF LOT/PARCEL: A boundary survey conforming to the
requirements of the Essex County Registry of Deeds Office. The survey shall be
dated and include any revision made to the survey or site plan. Any change in the
survey shall be recorded before site plan approval may be granted.
xxvii. NAME/DESCRIPTION OF PROJECT: The name of the development and
the names, addresses and telephone numbers of the project listing tenants, land
uses, development phases, or other pertinent information necessary to evaluate the
proposed development plan.
xxviii. EASEMENTS/LEGAL CONDITIONS: Identification of easement(s) or
legal encumbrances(s) that are related to the sites physical development, and a
listing of any condition(s) placed upon the site by the Board of Appeals, Planning
Board, Conservation Commission, or any public body or agency, with the
authority to place conditions on the sites development.
xxix. TOPOGRAPHY: The present and proposed topography of the site,
utilizing two foot (1) contour intervals. Existing topography fifty feet (50')
beyond the perimeter of the parcel as it appears on the most current Town of
North Andover topographic mapping shall also be shown.
xxx. ZONING INFORMATION: All applicable Zoning Bylaw information
shall be provided regarding the site's development. This information shall be
placed in a table and list all parking, setbacks, percent of lot coverage, floor-area-
ratio, number of dwelling units, total amount of square feet, size of signs and any
other applicable zoning information necessary for the proper review of the site
plan by the Town Planner and Planning Board.
xxxi. DRAINAGE AREA MAP: A drainage area map showing pre and
post construction watersheds, subwatersheds and stormwater flow paths,
including municipal drainage system flows;
xxxii. STORMWATER MANAGEMENT PLAN: All applications for Site
Plan Review shall include the submittal of a Stormwater Management Plan
prepared in accordance with the latest version of the Massachusetts
Stormwater Handbook and additional criteria established herein and
demonstrating full compliance with the Massachusetts Stormwater
Standards and the North Andover Stormwater Management and Erosion
Control Regulations promulgated under Chapter 160 of the Town Bylaws
(Stormwater Management and Erosion Control Bylaw);-
xxxiii. BUILDING LOCATION: Identification of all existing and proposed
structure(s) located on the site. The number of stories, overall height in feet and
gross floor area in square feet of all structure shall be indicated.
xxxiv. BUILDING ELEVATION: A drawing of the exterior of the building, as
viewed from the front (street view) must be submitted. The Planning Board may
request side and rear views if relevant to the Board's review. This drawing must
be at least 8" x 11" in size.
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xxxv. LOCATION OF PARKING/WALKWAYS: Identification of the location
of all existing and proposed parking and walkways areas, including curb cuts that
will be used to access the site from adjacent roadways, or access points.
xxxvi. LOCATION OF WETLANDS/NOTICE OF INTENT: All resource areas
as defined in M.G.L. Chapter 131, Section 40 and/or the Town of North
Andover Wetland Protection Bylaw Ch. 178), shall be shown on the site plan. If
applicable, the applicant shall file a Notice of Intent with NACC concurrently
with the application to the Planning Board for Site Plan Review.
xxxvii. LOCATION OF WALLS/SIGNS: Identification of the location, height
and materials to be used for all retaining walls and signs located on the site. Signs
will be reviewed using the guidelines set forth in Section 6.7 (H) of the Zoning
Bylaw.
xxxviii. LOCATION OF ROADWAYS/DRIVES: Identification of all right-of-
ways and driveways including the type of curb and gutter to be used, and their
dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown
for both sides of any streets which is adjacent to the site.
xxxix. OUTDOOR STORAGE/DISPLAY AREAS: Identification of the location
and type of outdoor storage and display areas on the site.
xl. LANDSCAPING PLAN: The general outline of existing vegetation,
wooded areas, significant trees,_unique species and tree clusters and the
extent of all vegetation, wooded areas, significant mature trees (> 12 inches
DBH), unique species and/or tree clusters to be removed and identification of
the location and landscape schedule of all perimeter and interior landscaping,
including but not limited to proposed paving materials for walkways, fences,
stonewalls and all planting materials to be placed on the site... Any landscaping
required by the Town Bylaws shall be indicated on the site plan in tabular form
showing the amount required and the amount provided.
xli. REFUSE AREAS: Identification of the location of each outdoor refuse
storage area, including the method of storage and screening. All refuse areas must
be fully enclosed.
xlii. LIGHTING FACILITIES: Identification of the proposed illumination,
indicating the direction and the degree of illumination offered by the proposed
lighting facilities, including an example of the light fixture to be used.
xliii. TRAFFIC IMPACT STUDY: Identification of existing traffic levels,
along with the expected traffic impacts to occur based upon the proposed project.
Projects which access state highways, a traffic impact study shall be filed with
MEPA concurrently with the Planning Board review. A copy of the MEPA study
shall be filed with the application to the Planning Board.
xliv. COMMONWEALTH REVIEW: Any information required and submitted
to any agency of the Commonwealth, shall be filed with the Planning Board upon
the initial submission of the project for Board review.
xlv. UTILITIES: All utilities, including water line locations, sewer line
locations and profiles, and storm drainage systems;
xlvi. FISCAL IMPACT: Projections of costs rising from increased demand for
public services and infrastructure; provisions of benefits from increased tax
10
revenues, employment and infrastructure improvements; and impacts on adjacent
property values.
xlvii. COMMUNITY IMPACT: Analysis of the project's impact on the
surrounding neighborhood in terms of architectural consistency, pedestrian
movement and overall character; impacts on nearby historic structures or site; and
an evaluation of the proposed project's consistency and compatibility with
existing local and regional plans.
f) If the site plan review application is for the construction of any new wireless service
facility on a previously permitted facility as set forth in Section 8.9(3)(a)911) Wireless
Service Facilities Use Regulations, the information required by Section 8.9(5) must
also be submitted. The SPGA may grant a waiver from these submittal requirements
If it finds that such information is not needed for a thorough review of a proposed
personal wireless service facility (1998/38).
6. Review Criteria/Design Guidelines
b) The following criteria and design guidelines shall be used by the Planning Board in
evaluating the site plan review and all information submitted as part of the
application.
i) General
a) Conformance with all appropriate provisions of the Zoning Bylaw.
b) Protection of abutting properties from detrimental site characteristics.
ii) Environmental
a) Protection of unique or important natural, historic or scenic features.
b) Adequacy of proposed methods of refuse disposal.
c) Ability of proposed sewage disposal and water supply systems within and
adjacent to the site to serve the proposed use.
d) Adequacy of the proposed drainage system to mitigate runoff increases and
protect water quality.
e) Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the parking lot
and a landscape buffer along the street frontage.
f) Adequacy of the soil erosion plan and any plan for protection of steep slopes,
both during and after construction.
g) Protection of adjacent properties by minimizing the intrusion of lighting,
Including parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable adverse impact
on the surrounding area resulting from excessive noise, dust, smoke, or
vibration which are higher than levels now experienced from uses permitted in
the surrounding area.
iii) Design
f) Buildings shall be located with respect to setbacks placement of parking
landscaping and entrances and exits with surrounding buildings and
development.
g) The buildings shall relate harmoniously to each other in architectural style, the
location and building exits and entrances.
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h) Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
i) Electric, telephone, cable t.v., and other such lines and equipment must be
placed underground.
j) Demonstrate that the scale, massing and detailing of buildings are compatible
with those prevalent in the surrounding area.
iv) Traffic/Parking
f) The location and number of curb cuts shall be minimized to reduce turning
movements, and hazardous exits and entrances.
g) Provision for access to adjoining properties shall be provided as
appropriate.
h) Driveways shall be located opposite each other wherever possible.
i) Joint access driveways between adjoining properties shall be encouraged.
J) Internal circulation and egress shall provide for traffic safety, and access
to and from minor streets servicing one family dwellings shall be
minimized.
v) Stormwater Management
c) At a minimum all projects subject to Site Plan Review shall comply with
the criteria, specifications, and performance standards of the most recent
version of Massachusetts Stormwater Management Standards and
accompanying Stormwater Management Handbook. The Lake
Cochichewick Watershed Area shall be considered a Critical Area in
terms of applicability of the standards.
d) Projects subject to the Bylaw shall also comply with the requirements and
criteria outlined in Sections 7.0 through 10.0 of the North Andover
Stormwater Management and Erosion Control Regulations promulgated
under Chapter 160 of the Town Bylaws (Stormwater Management and
Erosion Control Bylaw).
vi) Landscape Design
c) Landscape designs shall be developed based on soil, light and other site
specific conditions. Plant species shall be chosen for their ability to thrive
in the post-development soil, water and use conditions of the site without
significant supplemental water or fertilizer, once established.
d) Plant species shall be native to inland Essex County or shall be cultivars
of these native species.
APPROVED BY ATTORNEY GENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
Article 10: Amend Zoning Bylaw — Section 13: Continuing Care Retirement Center.
Unanimous vote to amend the Town of North Andover Zoning Bylaw, Section 13 — Continuing
Care Retirement Center (CCRC), by making the following amendments to Subsections 13.1,
13.2, and 13.5(b) (by identifying text which is deleted as strikethrough and text added as
underlined), as follows:
SECTION 13 CONTINUING CARE RETIREMENT CENTER
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13.1 Establishment
There is established a Continuing Care Retirement Center (CCRC) as a permitted use under
the Special Permit provision of this Bylaw. Such permitted use may only be authorized in
existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may
include a4 adjai44i44g par-eel of land which is in the Residential-1 District, pr-Ovidil4g provided
that no development shall be permitted in the Residential-1 portion of a CCRC parcel in
excess of ten percent (10%) of the lot areas of the Residential-1 portion within such CCRC
ap rcel. The authorization will empower the Planning Board to review and approve a
definitive plan under the Special Permit provisions in Section 10.3 and as otherwise
provided for in this section. A CCRC shall include a nursing home care facility and
congregate housing units and may also include independent dwelling units and assisted living
units. A CCRC may also only include any or all of the foregoing housing types provided it is
affiliated with a nursing home.
13.2 Purpose
The purpose of the CCRC is to provide for the development and use of specialized housing
and nursing care for the elderly on the basis of the Planning Board to issue a Special Permit
in the permitted DistFiet Districts with greater flexibility from the pattern otherwise
permitted in such districts. It is intended to create health care, including home health care,
housing and other supportive services designed to meet the needs of the elderly population
and to enable that population to live independently. It is further intended to encourage the
preservation of open spaces; to allow for new nursing care facilities and housing that causes
relatively little demand on Town services; and to preserve the Town's residential character. In
creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC
is intended to allow for a greater mixture of buildings, structures and uses with regard to
density than is otherwise permitted thereby allowing for the nursing care of the elderly and
the relief of the physical, economic and emotional stress associated with the maintenance and
care of traditional nursing home and residential properties.
13.5 Standards and Restrictions
b. Permissible Density. Unless in compliance with the bonus density provisions of
subsection 6., the dwelling unit density shall not exceed an average of four (4) units
per acre in a parcel which is located within the Residential-1 District or Residential-
2 District and five (5) units per acre in a parcel which is located within the Village
Residential District exclusive of the nursing care facility. When a parcel is located in
a combined portion of either the Residential-2 and Residential-1 Districts or the
Village Residential and Residential-1 Districts, a density factor of 2 units per acre
shall be applicable to the portion in the Residential-1 District. However, in no
instance shall any development such as the construction of buildings, roads and
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parking lots be permitted in excess of ten percent (10%) of the lots area in that
portion of the CCRC parcel located in the Residential-1 District, nor shall any
development in Residential-2 or Village Residential District adversely impact the
Residential-1 District. For parcels which are located in a combined portion of the
Residential-1 or Residential-2 Districts and the Village Residential District, the
permissible density for each District shall be applicable. Also, in no event shall the
total number of independent dwelling units exceed fifteen (15) percent of the total
number of dwelling units otherwise allowed in any CCRC parcel. Further, in no
instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the
total number of dwelling units exceed 25+0 300 for any parcel regardless of total
acreage or density bonuses provided under paragraph 6.
Section 13 as amended to read as follows:
SECTION 13 CONTINUING CARE RETIREMENT CENTER
13.1 Establishment
There is established a Continuing Care Retirement Center (CCRC) as a permitted use under
the Special Permit provision of this Bylaw. Such permitted use may only be authorized in
existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may
include land which is in the Residential-1 District-provided that no development shall be
permitted in the Residential-1 portion of a CCRC parcel in excess of ten percent (10%) of
the lot areas of the Residential-I portion within such CCRC parcel. The authorization
will empower the Planning Board to review and approve a definitive plan under the Special
Permit provisions in Section 10.3 and as otherwise provided for in this section. A CCRC
shall include a nursing home care facility and congregate housing units and may also include
independent dwelling units and assisted living units. A CCRC may also only include any or
all of the foregoing housing types provided it is affiliated with a nursing home.
13.2 Purpose
The purpose of the CCRC is to provide for the development and use of specialized housing
and nursing care for the elderly on the basis of the Planning Board to issue a Special Permit
in the permitted Districts with greater flexibility from the pattern otherwise permitted in such
districts. It is intended to create health care, including home health care, housing and other
supportive services designed to meet the needs of the elderly population and to enable that
population to live independently. It is further intended to encourage the preservation of open
spaces; to allow for new nursing care facilities and housing that causes relatively little
demand on Town services; and to preserve the Town's residential character. In creating an
alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended
to allow for a greater mixture of buildings, structures and uses with regard to density than is
14
otherwise permitted thereby allowing for the nursing care of the elderly and the relief of the
physical, economic and emotional stress associated with the maintenance and care of
traditional nursing home and residential properties.
13.6 Standards and Restrictions
b. Permissible Density. Unless in compliance with the bonus density provisions of
subsection 6., the dwelling unit density shall not exceed an average of four (4) units
per acre in a parcel which is located within the Residential-1 District or
Residential-2 District and five (5) units per acre in a parcel which is located within
the Village Residential District exclusive of the nursing care facility. When a parcel
is located in a combined portion of either the Residential-2 and Residential-1
Districts or the Village Residential and Residential-1 Districts, a density factor of 2
units per acre shall be applicable to the portion in the Residential-1 District.
However, in no instance shall any development such as the construction of buildings,
roads and parking lots be permitted in excess of ten percent (10%) of the lots area
in that portion of the CCRC parcel located in the Residential-1 District, nor shall
any development in Residential-2 or Village Residential District adversely impact
the Residential-1 District. For parcels which are located in a combined portion of the
Residential-1 or_Residential-2 Districts and the Village Residential District, the
permissible density for each District shall be applicable. Also, in no event shall the
total number of independent dwelling units exceed fifteen (15) percent of the total
number of dwelling units otherwise allowed in any CCRC parcel. Further, in no
instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the
total number of dwelling units exceed 300 for any parcel regardless of total acreage
or density bonuses provided under paragraph 6.
APPROVED BY ATTORNEY GENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
Article ll: Amend North Andover Zoninll Bylaw — Section 16: Corridor Development
District. Unanimous vote to amend the Town of North Andover Zoning Bylaw, Section 16 —
Corridor Development District, by making the following amendments to Subsection 16.4 in
order to allow light manufacturing as a permitted use within the Corridor Development District 3
(CDD3) and to Subsection16.5 in order to allow contractor yards, landscaping, lumber or other
building materials, including outdoor sales and outdoor storage of material, equipment, and
supplies within the CDD3 subject to a Special Permit (by identifying text which is deleted as
strikethrough and text added as underlined) as follows:
16.4 Corridor Development District 3 (CDD3) -Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed,
erected, altered or used for any other purpose than the following:
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1. Retail uses provided there is no outdoor sales or storage of materials and products.
However, auto sales and repair are not allowed.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
5. Indoor place of amusement or assembly.
6. Outdoor place of amusement or assembly.
7. Public building or use and Public Service Corporation.
8. Professional offices including, but not limited to banks, real estate offices, insurance
offices, physician offices, dentists, attorneys, architects, engineers or accountants. One
drive-through facility shall be permitted every 500 linear feet of street or highway as
measured along centerline.
9. Medical Center.
10. Research and Development Facility not to exceed 25,000 square feet.
11. Printing and Reproduction.
12. Warehousing and Wholesaling.
13. Motel and Hotel.
14. Art Gallery.
15. Cultural Center or Museum.
16. Place of worship.
17. Day Care Center.
18. Same-structure/On-site Mixed Use Developments:
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty
percent (50%) of the gross square feet for a two (2) story building and seventy-five
percent (75%) of the gross square feet for a three (3) story building.
19. Light manufacturing, including manufacturing, fabrication, processing, finishing,
assembly, packing or treatment of articles or merchandise provided such uses are
16
conducted solely within a building and further provided that such uses are not offensive,
noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust,
smoke, fumes, odor, noise, vibration, light or other adverse environmental effect.
16.5 Uses Subject to a Special Permit
4. Contractor's yard, landscaping, lumber or other building materials, including outdoor
sales and outdoor storage of material, equipment, and supplies within the CDD3 District
provided:
a. The products, material or goods displayed, stored or sold outdoors must not be
visible from any residential use
b. The goods, materials and products permissible for outdoor storage, display and
sales hereunder, shall explicitly exclude automobiles, motorcycles, or other
wheeled vehicles and include only goods, materials, and products, which are
customarily stored, displayed, or sold outdoors without the necessity for cover
from the weather. Fertilizers and other toxic, hazardous chemicals are also
excluded herein.
C. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage
d. The entire outdoor storage area shall be enclosed by a wall of solid opaque
material such as masona or solid wood fencing which, in the opinion of the
Planning Board, will not derogate from the surrounding area. Sufficient
landscaping shall be provided around the perimeter of the storage area at the
discretion of the Planning Board.
e. Only living plants can be higher than the surrounding vertical structural screening.
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.
Section 16.4 Corridor Development District 3 (CDD3)- Permitted Uses as amended to read
as follows:
16.4 Corridor Development District 3 (CDD3) -Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed,
erected, altered or used for any other purpose than the following:
1. Retail uses provided there is no outdoor sales or storage of materials and products.
However, auto sales and repair are not allowed.
2. Restaurants excluding drive-through facilities.
3. Personal service establishments.
4. Indoor recreation, fitness, and health care facility.
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5. Indoor place of amusement or assembly.
6. Outdoor place of amusement or assembly.
7. Public building or use and Public Service Corporation.
8. Professional offices including, but not limited to banks, real estate offices, insurance
offices, physician offices, dentists, attorneys, architects, engineers or accountants. One
drive-through facility shall be permitted every 500 linear feet of street or highway as
measured along centerline.
9. Medical Center.
10. Research and Development Facility not to exceed 25,000 square feet.
11. Printing and Reproduction.
12. Warehousing and Wholesaling.
13. Motel and Hotel.
14. Art Gallery.
15. Cultural Center or Museum.
16. Place of worship.
17. Day Care Center.
18. Same-structure/On-site Mixed Use Developments:
a. Residential uses shall not be located on the first floor of a structure or building.
b. Apartments and condominiums shall be allowed where such use is not more than fifty
percent (50%) of the gross square feet for a two (2) story building and seventy-five
percent (75%) of the gross square feet for a three (3) story building.
19. Light manufacturing, including manufacturing, fabrication, processing, finishing,
assembly, packing or treatment of articles or merchandise provided such uses are
conducted solely within a building and further provided that such uses are not
offensive, noxious, detrimental, or dangerous to surrounding areas or the town by
reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse
environmental effect.
16.5 Uses Subject to a Special Permit
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4. Contractor's yard, landscaping, lumber or other building materials, including
outdoor sales and outdoor storage of material, equipment, and supplies within the
CDD3 District provided:
a. The products, material or goods displayed, stored or sold outdoors must not
be visible from any residential use
b. The goods, materials and products permissible for outdoor storage, display
and sales hereunder, shall explicitly exclude automobiles, motorcycles, or
other wheeled vehicles and include only goods, materials, and products,
which are customarily stored, displayed, or sold outdoors without the
necessity for cover from the weather. Fertilizers and other toxic, hazardous
chemicals are also excluded herein.
c. The amount of area designated for outdoor storage shall be included in the
dimensional requirements for maximum lot coverage
d. The entire outdoor storage area shall be enclosed by a wall of solid opaque
material such as masonry or solid wood fencing which, in the opinion of the
Planning Board, will not derogate from the surrounding area. Sufficient
landscaping shall be provided around the perimeter of the storage area at the
discretion of the Planning Board.
e. Only living plants can be higher than the surrounding vertical structural
screening.
APPROVED BY ATTORNEY GENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
Article 12: Acceptance of a Public Way — Hitching Post Road. Unanimous vote to accept
and name Hitching Post Road as a public way as laid out by the Board of Selectmen and accept
deeds to the street and all related easements, as shown on plan entitled "Definitive Subdivision
Plan Hitching Post Road North Andover", owner Neil C. & Margaret M. Patnaude, 197 Appleton
Street, North Andover, Mass, applicant Charles McLaughlin, 1046 Great Pond Road, North
Andover MA., August 6, 1987, Scale 1" = 80', Andover Consultants Inc., 1 East River Place,
Methuen, Mass.,recorded with North Essex Registry of Deeds as Plan No. 11013.
Article 13: Acceptance of a Public Way— Stanton Way. Unanimous vote to accept and name
Stanton Way as a public way, as laid out by the Board of Selectmen, and as shown on a plan
entitled "Street Layout Plan of Stanton Way located in North Andover, MA, prepared by
Christiansen and Sergi, Inc., 160 Summer Street, Haverhill, MA 01830, Scale 1"=50', December
1, 2015" and to accept deeds to the street and all related easements, shown on plan entitled
"Definitive Subdivision Plan, Tax Map 61 Lots 16 & 34, & Tax Map 34 Lot 31, 1679 Osgood
Street & Bradford Street, North Andover, MA, Prepared for G.M.Z. Realty Trust, 1679 Osgood
Street, No. Andover, MA 01845, Jones & Beach Engineers, Inc. 85 Portsmouth Avenue, PO Box
219, Stratham, NH 03885", recorded with the North Essex Registry of Deeds as Plan No. 16957
and on the above referenced Street Layout Plan.
Article 14: Citizen's Petition — Petition to the Town of North Andover-Authorize and
Appropriate Consumer Testing Services for the benefit of the people of the Town of North
Andover. To see if the Town will vote to adopt the article, as printed in the warrant to authorize
the Town of North Andover to take action to authorize and appropriate Consumer Testing
19
Services to benefit the people of the Town of North Andover to accommodate, educate and
protect consumers as they approach the consumer marketplace. Appropriation of $10,000,000
with a 100% daily interest rate on the principle balance of an ongoing trust account is to be
authorized to take any other action relative thereto by approval of the voters to invest in labor
and materials to administrate consumer benefit programs, invest in resource development,
educate, train and provide employment to benefit the people of the Town of North Andover.
Petition of Joseph Toolan, et al
Article 14 Defeated
Article 15: Citizen's Petition-Petition to the Town of North Andover-To see if the Town will
vote to eliminate its local option meals tax. To see if the Town will vote to eliminate its local
option meals tax.
Petition of Stan Novak, et al
Article 15 Defeated
Article 16: Citizen's Petition-Petition to the Town of North Andover-Amend Zoning Bylaw
— Miscellaneous. To see if the Town will vote to amend the Town of North Andover Zoning
Bylaw, by amending the following Sections as follows: Amendment shown by adding
underlined language and deleting language as strikethrough.
Amend Zoning Bylaw, Section 4.127 (Business 2 Zoning District), Subsection 15, by inserting
the term"....by the Planning Board." So that subsection 15 shall read as follows:
"15. Multi-family dwelling and town houses (with Special Permit by the Planning
Board.)
Amend Section 7.4 (Building Heights), by inserting after subparagraph 5, a new sub-paragraph
6. So that Section 7.4 shall now read as follows:
7.4. Building Heights
Maximum heights of buildings and structures shall be as set forth in Table 2. The
foregoing limitations of height in feet in the designated zoning districts shall not apply to:
1. Farm buildings on farms of not less than ten(10) acres.
2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads,
penthouses, processing towers, and other accessory structural features usually
erected at a height greater than the main roofs of any buildings.
3. Nor to domes, bell towers, or spires of churches or other buildings, provided all
features are in no way used for living purposes.
4. And further provided that no such structural feature of any non-manufacturing
building shall exceed a height of sixty five (65) feet from the ground.
5. Nor of a manufacturing building a height of eighty five (85) feet from the
ground, or pharmaceutical manufacturing silo having a height one hundred-fifteen
(115) feet from the ground, or
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6. =ef the i height pFA_A',i_i_JPVi_A l 2 1.vhean gFantad by the
Planning Baafd, as Speeial PeFmit GFaating Affthefit�,, aftef the Planning Boat:d-
h;4q M;4de-, ;4 deate-a-Fmination, based upon of sited design, th-e—
aeig1+bof:kood eofit&4, topogFap1+y an&or- othef eifetiffistaRees that stfeh 'V�,aiver
4h_;41_1_ n-ot he--, substafltially mor-ea. to 4h_PV fieighboFhO04 ah—an
e,oiaditioffs-.-A parcel or parcels collectively comprising at least five (5) acres of
land located within a Business 2 (B-2) Zoning District eligible for a waiver of
the maximum height, for residential multifamily dwellings and town houses,
described under Table 2; provided that such height waiver shall not permit a
structure to exceed more than four stories and 55 feet in height, and further
provided that such waiver is granted by the Planning Board, as Special
Permit Granting Authority, after the Planning Board has made a
determination based upon consideration of the special permit criteria
described under Section 10.31 of the Zoning Bylaw.
Petition of John Smolak, et al
VOTED YES 247 NO 89- TWO-THIRD VOTE DECLARED
APPROVED BY ATTORNEY JENERAL JUNE 15, 2016-POSTED JUNE 20, 2016
Article 17: Set Salaries and Compensation of Elected Officials. Majority vote to fix the
salary and compensation of the elected officers of the Town, as provided by Massachusetts
General Laws Chapter 41, §108 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
Article 18: Continue and Approve Revolviny, Funds. Unanimous vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, §53E 1/2 for the Fiscal Year beginning July 1, 2016,
Article 19: Approve Payment of Prior Years Unpaid Bills. Unanimous vote to authorize
payment of the following unpaid bills from prior year(s), by the respective department, using
appropriations of the current fiscal year.
21
Article 20: Appropriation-General fund for Fiscal Year 2017.
Unanimous vote to raise and appropriate funds for Fiscal Year 2017 as shown below:
General Government $ 2,522,509
Public Safety $ 10,541,191
Education $ 45,226,141
Snow and Ice Removal $ 890,500
All Other Public Works $ 3,729,491
Health & Human Services $ 1,245,377
Culture & Recreation $ 1,024,035
Support Services $ 1,760,354
Debt Service $ 6,208,389
Employee Benefits $ 16,321,707
Liability Insurance $ 420,000
Regional Schools $ 594,960
Other (OPEB Trust) $ 50,000
for a total appropriation of $90,534,654 and to transfer to the General Fund from Special
Revenue—GLSD $146,703.
Article 21: Appropriation — Water Enterprise Fund for Fiscal Year 2017. Unanimous
vote to appropriate the amount of$4,984,020 in aggregate, for the purpose listed under column
"FY17 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the
Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without regards to individual line
items, and to operate the Water Enterprise Fund, that $4,984,020 be raised from Water receipts
and from these receipts $946,308 be transferred to the General Fund for indirect cost and
$475,000 to Capital Projects.
Article 22: Appropriation— Sewer Enterprise Fund for Fiscal Year 2017. Unanimous vote
to appropriate the amount of $4,628,412 in aggregate, for the purpose listed under the column
"FY17 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the
Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $4,628,412 be raised from sewer receipts
and from these receipts $445,321 be transferred to the General Fund for indirect expenses and
$150,000 to Capital Projects.
22
Article 23: Appropriation — Stevens Estate Enterprise Fund for Fiscal Year 2017.
Unanimous vote to appropriate the amount of $475,702 in aggregate, for the purpose listed
under the column "FY17 Recommendation: Town Manager, Board of Selectmen, Finance
Committee" for the Fiscal Year beginning July 1, 2016 and ending June 30, 2017; without
regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund
that $475,702 be raised from Stevens Estate at Osgood Hill Fund and from these receipts
$50,032 be transferred to the General Fund for indirect expenses and $125,000 be transferred
from Retained Earnings to Capital Projects.
Article 24: Appropriation— Capital Improvement Plan for Fiscal Year 2017. TWO-THIRD
VOTE DECLARED BY THE MODERATOR to fund the Capital Improvement Program as
listed under the heading "Board of Selectmen/Finance Committee/Town Manager
Recommendations" and with the language included.
Article 25: Transfer to Stabilization. Unanimous vote to transfer $60,017 from available
funds or free cash into the Stabilization Fund.
Article 26: Transfer to Capital Stabilization. Unanimous vote to transfer $350,000 from
available funds or free cash into the Capital Stabilization Fund.
Article 27: Transfer of funds from Health Insurance Trust Fund to Other Post-
Employment Benefits (OPEB) Liability Trust Fund. Unanimous vote to transfer a sum of
$250,000 from the Health Insurance Trust Fund into the Other Post-Employment Benefits
(OPEB) Liability Trust Fund.
Article 28: Report of the Community Preservation Committee — Appropriation from
Community Preservation Committee Fund.
Unanimous vote to receive the report of the Community Preservation Committee and to raise,
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 as shown in the List of Approved Projects
in Article 28; and, with regard to the appropriation of $325,000 for the Leonhard Farm
Conservation Restriction Project, to authorize an expenditure not to exceed $325,000 for the
purchase of a conservation restriction or other interest from Byron C. Leonhard and George A.
Leonhard, Successor Trustees of the North Andover Boxford Realty Trust, or its nominee or
successor in title, in certain parcels of land, which parcels are a portion of the parcels of land
described in deeds recorded with North Essex Registry of Deeds in Book 4172, Page 1, and with
South Essex Registry of Deeds in Book 12837, Page 418 and which are shown on North
Andover Assessor's Map 104A, Parcels 9, 10, 11, 28, 34, 35 and 37, and expenses incidental and
related thereto for purposes of the purchase of a conservation restriction or other interest, and
that the Town Manager be authorized to file on behalf of the Town any applications for funds in
any way connected with the scope of the acquisition of said conservation restriction, that the
Board of Selectmen be authorized to determine the final purchase price of the restriction and any
other interests which may be acquired for the purposes stated herein and such purposes are
23
authorized by Massachusetts General Laws Chapter 44B, and that the Town Manager and the
Board of Selectmen be authorized to enter into all agreements and execute all instruments,
including but not limited to grant agreements, easements and conservation restrictions in
accordance with Massachusetts General Laws Chapter 184 or any other applicable statute or
regulation, on terms and conditions they deem to be in the best interest of the Town and as may
be necessary on behalf of the Town of North Andover to affect the purchase of said conservation
restriction or other interest; and, with regard to the appropriation of$1,200,000 for the purchase
of a fee interest or other interest from Robert E. Atwood and Albertine L. Atwood or their
nominee or successor in title, in a parcel of land with the buildings thereon at 45 Milk Street in
North Andover, which parcel of land and buildings thereon are described in deeds recorded with
North Essex Registry of Deeds in Book 1294, Page 429 and Book 1294, Page 586 and which are
shown on North Andover Assessors Map 59, Lot 36, and expenses related thereto, and that the
Town Manager be authorized to file on behalf of the Town any applications for funds in any way
connected with the scope of the acquisition of said property, that the Board of Selectmen be
authorized to determine the final purchase price of the property and any other interests which
may be acquired for the purposes stated herein and such purposes as are authorized by
Massachusetts General Laws Chapter 44B, and that the Town Manager and the Board of
Selectmen be authorized to enter into all agreements and execute all instruments, including but
not limited to grant agreements, easements and conservation restrictions in accordance with
Massachusetts General Laws Chapter 184 or any other applicable statute or regulation, on terms
and conditions they deem to be in the best interest of the Town and as may be necessary on
behalf of the Town of North Andover to affect the purchase of the property and any other
interests; and, with regard to the other appropriations listed in said Article 28, that the Town
Manager and Board of Selectmen be authorized to enter into all agreements and execute all
instruments, included but not limited to deeds, easements, and restrictions in accordance with
Massachusetts General Laws Chapter 184, or any other applicable statue or regulation, on terms
and conditions as they deem to be in the best interest of the Town, to carry out the purposes of
M.G.L. Chapter 44B.
List of Approved Projects— Community Preservation Fund
Description Amount Category
45 Milk Street Preservation $ 900,000 Open Space and
Affordable Housing
Affordable Housing Trust $ 100,000 Affordable Housing
Senior Housing Refurbishment- $ 480,213 Affordable Housing
Bingham Way, Foulds Terrace and
O'Connor Heights
Leonard Farm Conservation Restriction $ 325,000 Open Space-Recreation
Library Roof Repair $ 400,000 Historical Preservation
24
Parson Barnard Barn Structural Renovation $ 148,000 Historical Preservation
Kittredge School Playground $ 100,000 Open Space-Recreation
Ridgewood Cemetery Restoration $ 550,000 Historical Preservation
Administrative Costs $ 30,000 Administrative and
Operating expenses
Total for Requested Projects $ 3,033,213
Community Preservation Committee
Article 29: PEG Access and Cable Related Fund Unanimous vote that the town accept
General Laws Chapter 44, Section 53F3/4, which establishes a special revenue fund known as the
PEG Access and Cable Related Fund, to reserve cable franchise fees and other cable-related
revenues for appropriation to support PEG access services and oversight and renewal of the cable
franchise agreement, the fund to begin operation for fiscal year 2017, which begins on July 1,
2016.
SPECIAL TOWN MEETING MAY 10, 2016
Article 1: Transfer funds from Special Education Stabilization Fund to Fiscal Year 2016
School Department budget. Unanimous vote to transfer a sum of $150,000.00 from the
Special Education Stabilization Fund to the Fiscal Year 2016 School Department Budget.
School Committee
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
School Committee Recommendation: Favorable Action
Vote Required: Two-thirds (2/3) vote
Voted May 16, 2017 Unanimous Vote
Respectfully Submitted,
Joyce A. Bradshaw, CMMC, Town Clerk
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