HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.19.2015
2015 Annual Town Meeting Minutes – May 19, 2015
Town Moderator Mark S. DiSalvo called the 2015 Annual Town Meeting to order at 7:04
PM in the Auditorium of the North Andover High School 430 Osgood Street on Tuesday May
19, 2015. The Town Moderator recognized members of North Andover Athletic Teams who led
the audience in the Pledge of Allegiance. 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 255 voters
present.
A motion was made by Richard M. Vaillancourt, 454 Stevens 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 2015 Annual Town Meeting dissolved by unanimous vote at 9:00PM on May 19,
2015 with all articles voted.
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 2014 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 terms and conditions the Board and
Committee deem in the best interest of the Town.
Article 6: Easements for Safe Routes to Schools Project. Unanimous vote to authorize the
Board of Selectmen to acquire by purchase, gift, and/or eminent domain, on such terms and
conditions as the Board of Selectmen deem appropriate, permanent and/or temporary easements
on the parcels of land referenced below for public way purposes, including, without limitation,
the construction, alteration, maintenance, improvement, repair and/or replacement of rights of
way, driveways, sidewalks, ramps, parking areas, utilities and/or traffic control devices, and
related improvements, to be undertaken in connection with the Safe Routes to School Project,
and for all uses and purposes incidental thereto, said easements to be in, on and under the parcels
of land on or near Massachusetts Avenue, Greene Street, and Parker Street and shown on a plan
entitled “Plan of North Andover Middle School Massachusetts Avenue - Greene Street - Parker
Street in the Town of North Andover Essex County,” a copy of which is on file with the Town
Clerk, as the same may be amended from time to time, and, further, to see if the Town will vote
to raise and appropriate, transfer from available funds, accept gifts and/or borrow a sum of
money for the foregoing purposes and any costs related thereto, and to authorize the Board of
Selectmen to enter into all agreements and take all related actions necessary or appropriate to
effectuate the purposes set forth herein, and, further, to dedicate to, and transfer to the Board of
Selectmen for, public way purposes, including, without limitation, the purpose of constructing
and maintaining sidewalks, ramps and other Project improvements, a portion of the property
located at 495 Main Street and shown on the aforesaid plan.
Article 7: Amend General Bylaws – Chapter 44 Public Meetings. Unanimous vote to
amend the Town of North Andover General Bylaws, Chapter 44 – Public Meetings, to delete
strike through and add bold and underlined as follows:
CHAPTER 44 – Public Meetings
44-1 Televising of Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health,
Conservation Commission, Board of Selectmen, and School Committee and Finance
Committee shall be broadcast live over the local cable television network unless
emergency or operational or technical conditions suspend the requirements hereof, as
determined by the Town Manager or the Manager’s designee. All such meetings shall
occur in the Town Hall second floor meeting room or other locations as determined by
the Town Manager or the Town Manager’s designee. Notice of all such meetings shall
be posted in accordance with the requirements of the Open Meeting Law, Massachusetts
General Law, Chapter 30A, Sections 18-25 and shall contain the date, time and place of
such meeting and a listing of topics that the chair reasonably anticipates will be discussed
at the meeting, including application names. If there is a scheduling conflict with the use
of the meeting room, the Town Manager or the Manager’s designee, shall have the
discretion to determine which Board shall have use of the room. Nothing contained in
this bylaw shall be so construed as to conflict with the requirements of the Open Meeting
Law, M.G.L. 30A, Sections 18-25. A violation of this bylaw or a failure to comply with
this bylaw shall not be grounds for challenging or invalidating any actions taken at any
meeting of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation
Commission, Board of Selectmen, or School Committee or Finance Committee.
Approved By Attorney General September 11, 2015
Article 8: Amend General Bylaws – Chapter 88 Dogs. Unanimous vote to amend the Town
of North Andover General Bylaws, Chapter 88 – Dogs, as follows:
Section 88-1 is hereby amended by deleting ‘175’ and inserting ‘174E’ in place thereof so that
Section 88-1 shall read
88-1 Animal Control
Pursuant to the authority set forth in MGL Chapter 140, §§136A to 174E, the following
bylaw is enacted for the regulation of dogs in the Town of North Andover.
Section 88-2.2 is hereby amended by deleting ‘175’ and inserting ‘174E’ in place thereof so that
Section 88-2.2 shall read
88-2.2 Destruction
An order by the Hearing Authority that a vicious dog be destroyed in accordance with
MGL Chapter 140, §§136A to 174E and Massachusetts Society for the Prevention of
Cruelty to Animals guidelines.
Section 8-2.15 is hereby deleted and the following Section inserted in place thereof
88-2.15 Vicious Dog
The term “vicious dog” shall have the same meaning as the term “dangerous dog” as
defined in MGL Chapter 140, §136A.
Approved By Attorney General September 11, 2015
Article 9: Amend Zoning Bylaw – Section 18: Downtown Overlay District. Unanimous
vote to amend the Town of North Andover Zoning Bylaw, Section 18 – Downtown Overlay
District, by making the following amendments to Subsections 18.1 and 18.7 (by identifying text
which is deleted as strikethrough and text added as underlined), and by adding a new sub-district
under new Subsection 18.8 “Downtown Overlay District – Sub-district A: Historic Mill Area,”
as follows:
Amend Zoning Bylaw Subsection 18.1 by deleting the phrases “…including the mill
buildings,…” and “…through Annual Town Meeting 2008…” in the first paragraph, so that
Subsection 18.1 reads as follows:
Section 18 Downtown Overlay District
18.1 Location and Applicability
The Downtown Overlay District shall consist of the area delineated on the Town’s zoning
map, but shall include the area along Main Street from Sutton Street to Merrimac Street;
Water Street from the intersection with Main Street to High Street, including the mill
buildings; portions of Waverley Road, First Street and Second Street; Ellis Court; School
Street; Saunders Street; and Cleveland Street. Said area is described on the Town of North
Andover Zoning Map as amended through Annual Town Meeting 2008.
An application for the Downtown Overlay District shall be in accordance with the standards
set forth in this section and shall be reviewed by the Planning Board, as Special Permit
Granting Authority, or otherwise. An application for the Downtown Overlay shall be
deemed to satisfy the requirements for Site Plan Review as described in Section 8.3.
Amend Subsection 18.7 (“Waivers”) by deleting the text therein, and renumbering Subsection
18.8 as new Subsection 18.7, and by deleting the phrase “…., unless waived in accordance with
Section 18.7.” so that new Subsection 18.7 reads as follows:
18.7 Waivers
Where it can be demonstrated to the Planning Board, as the Special Permit Granting
Authority, that the following waivers are consistent with one or more of the purposes of this
District, as defined in Section 18.0, would enhance or facilitate the planning, design, and/or
layout of existing or new structures or uses permitted within the District, and would not
interfere or negatively impact abutting properties, the Planning Board may grant those
waivers:
a. Waivers of limited dimensional, design, or other criteria set forth in Sections 18.3
through 18.6 of the Downtown Overlay District;
b. Waivers of other limited dimensional, design, density, or other criteria under the
Zoning Bylaw.
c. Notwithstanding anything to the contrary in the Zoning Bylaw, no waiver shall be
granted for building height in excess of the building height existing on the parcel as
of the date of the adoption of this amendment, or for floor area ratio in excess of 2.0.
d. The Planning Board’s authority to grant waivers as described herein shall expire two
(2) years after the date of adoption of this Section 18.7.
18.87 Relationship to Underlying Zoning:
The Downtown Overlay District is an overlay district superimposed on all underlying zoning
districts. Within the Downtown Overlay District, the regulations for use, dimension, and all
other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall
remain in full force, except for those sites undergoing development in accordance with
Section 18. To the extent that there is a conflict between the provisions of the underlying
zoning and the provisions of the Downtown Overlay District, the provisions of Section 18
shall govern, unless waived in accordance with Section 18.7.
Amend Section 18 by creating a new sub-district as a new Subsection 18.8 (“Downtown Overlay
District—Sub-district A: Historic Mill Area”) described as follows:
Section 18.8 Downtown Overlay District—Sub-district A: Historic Mill Area
18.8.0 Purpose.
The purpose of Sub-district A is to:
a) Encourage a diverse mix of residential, business, commercial, office,
governmental, institutional, entertainment and other uses for workers, visitors,
and residents;
b) Not detract from the livability and aesthetic qualities of the environment.
c) Promote more efficient use of land while protecting natural resources, such as
water resources, wetlands, floodplains, and wildlife.
d) Permit the preservation of existing structures through conversion to new uses in a
manner that maintains and enhances the visual character and architectural scale of
existing development within the district;
e) Permit an appropriate density of new development to support a vibrant, mixed-use
area;
f) Encourage first floor retail/restaurant space
g) Encourage an active streetscape through mixed-uses and high quality design;
h) Encourage a pedestrian and bicycle friendly environment;
i) Minimize visual and functional conflicts between residential and nonresidential
uses within and abutting the district.
j) Encourage consolidation of curb cuts for vehicular access and promote more
efficient and economical parking facilities.
k) Allow for more compact development than may be permitted in other zoning
districts to reduce the impacts of sprawl;
18.8.1 Establishment
Sub-district A - Historic Mill Area of the Downtown Overlay District is established as a
separate and independent sub-district from the Downtown Overlay District provisions
under Sections 18.0 through 18.7 of the Zoning Bylaw, and this Section 18.8 is
superimposed over all underlying zoning districts established by the Zoning Bylaw now
or hereafter applicable to the properties historically known as the former Davis & Furber
Machine Company, and is shown as Downtown Overlay District: Sub-district A on the
Zoning Map prepared by the North Andover Division of Community Development. This
map is hereby made a part of the Zoning Bylaw and is on file in the Office of the Town.
18.8.2 Boundaries
Boundaries of the Downtown Overlay District – Sub-district A: Historic Mill Area are
shown on the Zoning Map and shall include all of the real property as identified on the
FY 2014 Town of North Andover Assessor’s Map: Map 54 Parcel 1, Map 53 Parcel 25,
Map 68 Parcel 10, Map 68 Parcel 1, and Parcel 3, as described by deed in Book 10601,
Page 340 for the former rail road right of way, as more particularly shown on the Zoning
Map.
18.8.3 Applicability and Relationship to Underlying Zoning
An application for a proposed project located within Sub-district A–Historic Mill Area
may either use the standards in the underlying zoning district in their entirety, or those
standards contained within Section 18.8 in their entirety. For those sites for which an
application is filed in accordance with Section 18.8, review shall be in accordance with
the standards set forth in this Section 18.8 by the Planning Board, as Special Permit
Granting Authority, or otherwise. If an applicant elects to file an application for a project
in accordance with the requirements of this Section 18.8, then to the extent that there is
any conflict between the provisions set forth in this Section 18.8 and any other provisions
of the Zoning Bylaw, the terms of this Section 18.8 shall govern.
18.8.4 Permitted Uses
The following uses are permitted, as more specifically described below:
18.8.4.1 The following uses shall be permitted by right in the Sub-district A:
a) Detached one- or two-family residential structures;
b) Multifamily dwellings, up to 6 dwelling units;
c) Townhouses;
d) Mixed-use structures (for permitted uses);
e) Retail sales establishments, excluding automobile service station, car wash,
body shop, automobile repair shop, or sales of motor vehicles, of no more than
15,000 square feet of floor area;
f) Restaurant, café, or other establishment serving food and/or beverages,
establishments of no more than 15,000 square feet of floor area;
g) Business Office ((a primary use consisting of office activities of any type,
including business and financial office activities (including banks and
financial institutions) and professional office activities, excluding automobile
service station, car wash, body shop, or automobile repair shop));
h) Professional Office (A primary use consisting of office activities by a doctor,
dentist, architect, lawyer, engineer or other professional person or persons);
i) Day care center;
j) Hall, club, theater, or other place of assembly, establishments of no more than
15,000 square feet of floor area;
k) Place of recreation;
l) Veterinary hospital;
m) Research and development facilities;
n) Light manufacturing, including fabrication, processing, finishing, assembly,
packing or treatment of articles or merchandise, craft brewing or food
processing, provided such uses are conducted solely within a building;
o) Printing and reproduction;
p) Educational uses exempt from zoning prohibition by General Laws Chapter
40A, Section 3.
q) Religious uses exempt from zoning prohibition by General Laws Chapter
40A, Section 3.
r) Art gallery or museum;
s) Public building or use and public service corporations;
18.8.4.2. The following uses shall be permitted by special permit by the Planning
Board in the Sub-district A:
a) Multifamily dwelling, seven or more units;
b) Mixed-use structures for uses allowed by special permit.
c) Independent elderly housing, congregate housing, assisted living, nursing care
facilities;
d) Retail sales, establishments excluding automobile service station, car wash,
body shop, automobile repair shop, or sales of motor vehicles, of more than
15,000 square feet of floor area;
e) Restaurant, café, or other establishment serving food and/or beverages,
establishments of more than 15,000 square feet of floor area;
f) Hall, club, theater, or other place of assembly, establishments of more than
15,000 square feet of floor area;
g) Hotel or Motel;
h) Hospital;
i) Warehousing and wholesaling;
j) Pet day care or boarding;
k) Any drive-through facility accessory to an above use;
l) Free-standing automated teller machine;
m) Photovoltaic power generation systems (for on-site use only, not for resale);
n) Public garage;
o) Any accessory use customarily incident to any of the above permitted uses,
provided that such use shall not be noxious or dangerous to the neighborhood
18.8.4.3 Other uses. All other uses are hereby expressly prohibited except uses which
are substantially similar in character to the permitted uses enumerated above, as
determined by the Planning Board, shall be treated as requiring a Special Permit to be
issued by the Planning Board.
18.8.5 Design Guidelines
Redevelopment and new construction within the Overlay District shall be designed in a
fashion to achieve one or more of the purposes of Sub-district A described in Section
18.8.0. The following guidelines are intended to aid the Planning Board in its review of
projects during both the Master Plan and Definitive Plan review stages as described under
Section 18.8.10, and are intended to be flexible guidelines and not rigid standards which
the Planning Board may consider:
a) Where appropriate, new buildings should be oriented to face the public way, set
close to the sidewalk, with parking located to the side or behind the buildings
rather than between the building and the street.
b) Buildings shall be oriented to encourage convenient pedestrian and bicyclist
access and public activity in visible areas.
c) Large blank walls should be avoided. New buildings should be divided visually
into sub-elements, where appropriate, to express the functional diversity within
the building; similarly, commercial ground floors of new buildings should
emphasize transparency similar to traditional store fronts or the existing mill
buildings.
d) New curb cuts on existing public ways shall be minimized.
e) Where possible, it is preferable to have underground utilities for new and
redeveloped buildings.
f) Where possible historic features of historic buildings shall be preserved.
g) Signage and lighting shall be sufficient and consistent with the proposed use.
h) New development shall transition in height, density, scale, intensity, and use from
the existing mill buildings to the surrounding neighborhoods abutting the Sub-
district A.
18.8.6 Dimensional and Density Standards
18.8.6.1 Setbacks.
(a) Existing Buildings and Structures. In keeping with the purpose of Sub-district
A it is recognized that the existing buildings have been developed with
distinct development patterns to match the traditional needs of the lots and
buildings that have made the Historic Mill Area unique. Building setbacks
within the Sub-district A for buildings and structures in existence as of the
date of adoption of this Section 18.8 shall include a minimum front yard
setback, side yard setback, and rear yard setback of zero.
(b) New buildings and Structures, Additions to Existing Buildings and Structures.
New buildings and structures, as well as additions to those buildings and
structures existing as of the date of adoption of this Section 18.8, shall be
subject to the following minimum dimensional requirements:
(i) A 35-foot setback of a new building from the Sub-district A boundary is
required when the Sub-district A lot line abuts a residential zoning district
located outside Sub-district A, subject to Section 18.8.6.2 below. The first
15 feet of the setback abutting the residential zoning district shall remain
open and green, be suitably landscaped, unbuilt upon, unpaved, and not
parked upon.
(ii) A 20 foot setback is required from any side or rear lot line for all newly
constructed buildings, where not abutting a residential zoning district
located outside Sub-district A, subject to Section 18.8.6.2 below.
(iii)With regard to additions to those buildings and structures existing as of the
date of adoption of this Section 18.8, only the new portions of such
additions shall be subject to the setback requirements under Section
18.8.6.1(b).
18.8.6.2 Building Height
(a) Existing Buildings and Structures. The building height of buildings and
structures in existence as of the date of adoption of this Section 18.8 shall be
deemed to be compliant with building height requirements under this Zoning
Bylaw. Any increase in building height for existing buildings and structures
in existence as of the date of adoption of this Section 18.8 shall require a
Special Permit issued by the Planning Board.
(b) New buildings and Structures; Additions to Existing Buildings and Structures.
New buildings and structures, as well as additions to buildings and structures
in existence on or before the date of adoption of this Section 18.8, shall be
limited to 55 feet in building height by right where located within the
underlying I-S district, or within 100 feet of the underlying I-S zoning district
boundary by special permit; and where such buildings or structures are not
located within the underlying I-S district or within 100 feet of the underlying
I-S zoning district boundary,, the height limit shall be 35 feet by right, and
such building or structure having a Building Height in excess of 35 feet but
not more than 55 feet, shall be permitted only by special permit.
Notwithstanding anything to the contrary in this Section 18.8, new buildings
or structures, as well as additions to buildings and structures constructed after
the date of the adoption of this Section 18.8, may be allowed between 55 feet
and 70 feet in building height by special permit issued by the Planning Board ,
provided that a portion of such structure’s occupiable space is located within
50 feet of a structure existing on or before the adoption of this Section 18.8,
and that no part of such structure is located more than 200 feet from such an
existing structure.
18.8.6.3 Floor Area Ratio
A maximum Floor Area Ratio of 1.0 shall be permitted by right. By special permit,
the Planning Board may permit an FAR of up to 2.0, where it can be shown to be
consistent with the purposes of Section 18.8.0. For the purposes of calculating FAR,
the lot area shall be the sum of all parcels included as part of a Master Plan per
Section 18.8.10 and located within the Overlay; parcels included may be separated by
public rights of way or other privately held land, and are not required to be held in
common ownership.
18.8.6.4 Extension, Alteration and Reconstruction of Existing Buildings and
Structures
Notwithstanding any provisions of this Zoning Bylaw to the contrary, buildings and
structures existing as of the date of adoption of Section 18.8 may be extended or
altered or reconstructed, provided, that no such extension or alteration or
reconstruction shall be permitted unless there is a finding by the Planning Board, as
the special permit granting authority, that such change, extension or alteration or
reconstruction shall not be substantially more detrimental than the existing structure
to the neighborhood and shall be consistent with the purposes of Section 18.8.
18.8.7 Site Design Guidelines
To encourage good site design, the Planning Board shall encourage the use of the
following site design and architectural features, where appropriate, in reviewing an
Application.
18.8.7.1 Urban Design Features
a. Alleys, parks or open spaces, patios, sidewalks and planting strips, outdoor
seating areas for private commercial use
b. Building type ( for example townhouse, storefront retail)
c. Signage
18.8.7.2 Architectural features for any work consisting of an increase in floor area
through either the placement or construction of a new principal structure, a new
accessory structure, an addition, alteration or rehabilitation to a principal or accessory
structure, a conversion of one use type to another, or any new use or structure
requiring a curb cut:
a. Building facades (new and rehabilitation & repair)
b. Exterior features
c. Building height, setbacks and build-to-lines
d. Exterior materials, doors and windows
e. Exterior colors
f. Signage, flags and banners
g. Sign design standards as applicable and consistent with Section 6 of this
Bylaw
h. Exterior illumination
18.8.7.3 On-site and off-site improvements
a. Fences and walls
b. Patio, square, or plaza
c. Landscaping with areas and plants noted
d. Special pavement and sidewalk treatment
e. Setbacks and sidewalk and utility easements
f. Street and parking lot lighting
g. Street furniture, trash containers, benches news racks, kiosks
h. Parking standards including shared parking agreements
i. Refuse storage and access
j. Traffic circulation plan and street improvements as needed to relieve
excessive congestion
18.8.8 Site and Design Standards.
The site and design criteria within this Section shall be applicable to all residential
projects greater than six (6) units, mixed use and nonresidential property.
18.8.8.1 Site Access
a. Curb cuts within two hundred (200) feet of intersections shall be minimized.
b. Curb cuts greater than thirty (30) feet and driveway openings greater that twenty
(20) feet shall be minimized. Full width curb cuts are prohibited.
18.8.8.2 Parking. Existing and proposed structures and uses within the Overlay shall
provide adequate off street parking for activities within the development in
accordance with the standards described in Section 8.1. The Planning Board may
waive any requirements of Section 8.1, including, but not limited to, required ratios,
design standards, or location where it can be shown to further the Purpose of this
Section in accordance with the review procedures of Section 18.8.8. Street parking
within 100 yards of a parcel shall be deemed included in the parking count for the
property. In addition, leased or owned parking within 400 yards of the property line
may be used to meet the parking requirement by special permit.
As part of its review of the Master Plan and subsequent Definitive Plan(s), the
Planning Board shall review proposed parking ratios, locations, and design standards
to ensure that adequate parking is provided and that the Purposes of Section 18.8.0
and the Guidelines of Section 18.8.5 are being satisfied. In making this determination,
the Planning Board shall consider opportunities for shared parking for visitors to
multiple uses on site, uses operating at different times of the day or week, and the
presence of public on-street parking.
18.8.8.3 Bicycle Accommodation. Bicycle parking shall be provided in safe locations,
and conveniently accessible to entries and/or sidewalks. An appropriate number of
spaces shall be determined as part of Master Plan and subsequent Definitive Plan
review.
18.8.8.4 Pedestrian Accommodation. Parking, sidewalks, and landscaping areas shall
provide for safe and convenient pedestrian circulation through the site, to buildings,
parking areas, and public ways.
18.8.8.5 Landscaping and Appearance. Redeveloped or newly developed areas of the
site shall be landscaped in an attractive way that enhances the character of the
development as a downtown, mixed-use neighborhood.
a) Any required setback from a residential property, per Section 18.8.6.1.a) shall
be screened by a solid fence or tight landscaping having a height of no less
than five (5) feet unless such screening would interfere with sight distance. A
chain link fence shall not be permitted.
b) New parking areas with more than 20 parking spaces shall devote at least 5%
of the interior of parking area to landscaping. In addition a minimum of 1
shade tree shall be planted for every six parking spaces built. In the event
planting trees would not be practical amid the parking area, planting of shade
trees elsewhere on the property shall satisfy this requirement.
c) A minimum of 1 shade tree shall be planted for every 40 feet of street frontage
or fraction thereof in appropriate locations.
d) Where appropriate, benches, planters, outdoor seating, and other amenities
shall be installed to encourage pedestrian use.
18.8.8.6 Waiver. The preceding provisions under this Section 18.8.8 may by waived
as a part of a Sub-district A special permit issued by the Planning Board where such
waiver furthers one or more of the Purposes of Section 18.8.0
18.8.8.7 Noise. As a mixed-use center containing office, retail, and light industrial
uses among others, it is acknowledged that tenants as well as mechanical systems
may emit noise. All development shall comply with applicable state air pollution
control regulations and policies in connection with sound levels.
18.8.8.8 Light. The site shall be adequately lit to provide for safety and visibility.
Lighting instruments shall be oriented or shielded such that they do not have spillover
of greater than one foot candle onto abutting properties or interfere with public ways.
18.8.9 Sign Master Plan
Notwithstanding anything to the contrary in this Bylaw, and as part of Definitive Plan
review, the Planning Board may approve a comprehensive signage master plan for the
project which, if approved by the Planning Board, may allow for signage which deviates
from the specific sign requirements of the Zoning Bylaw, including Section 6.6, provided
that such signage would, in the opinion of the Planning Board, be consistent with the
general purpose and intent of Section 18.8.0. The signage master plan proposal should
show proposed sizes, locations, and general design approach for signs, banners, awnings,
etc. in such detail as the Planning Board may deem reasonably necessary to make a
decision to approve such master plan. Following approval of a signage master plan as
part of any Definitive Plan, signs may be installed, removed, and replaced with the
approval of the Building Inspector, provided that such signage conforms to the signage
plan approved in the Definitive Plan decision.
18.8.10 Plan Review and Approval Process
The review and approval process for an application for approval of a project under this
Section 18.8 shall be governed by the following review procedures:
18.8.10.1 Uses which are permitted by right are allowed within buildings and
structures in existence as of the date of adoption of this Section 18.8, subject to
building code and other applicable Town bylaw and regulations.
18.8.10.2 Approval of a use requiring a special permit, and/or approval of a new
structure or expansion of an existing structure, shall require a special permit, subject
to the following procedure:
18.8.10.3 Pre-Application Conference. Prior to the submission of Preliminary Master
Plan or Definitive Plan under Sub-district A, the applicant, at its option, may confer
with the Planning Board and Town Planning Staff to obtain information and guidance
before beginning the formal application process.
As a part of the Pre-Application Conference, the Planning Board may agree to waive
the Preliminary Master Plan process described in Section 18.8.10.4 below and
proceed directly with the filing of a Definitive Plan if it deems that the submission of
a Master Plan is unnecessary, due to the minor nature of the proposal.
18.8.10.4 Submission and Approval of Preliminary Master Plan. The applicant shall
file, if not waived by the Planning Board as provided above, a Preliminary Master
Plan accompanied by an application for Preliminary Master Plan Review with the
Planning Board, and the Board shall schedule a meeting at a regularly scheduled
Board meeting which shall be noticed in accordance with Section 11 of M.G.L. c.
40A. A copy of the Preliminary Master Plan and the above form shall also be filed in
the Office of the Town Clerk. The Planning Board shall review and determine
whether the proposed project is consistent with the objectives articulated under
Section 18.8.0 within 60 days of receipt of the plan by the Town Clerk. In approving
a Master Plan, the Planning Board may suggest modifications and changes in
anticipation of the filing of the Definitive Plan(s).
A Preliminary Master Plan shall include the following components:
a) A locus plan, showing the names of abutters, land uses, and location and
width of all adjacent streets.
b) An existing site plan, showing existing buildings or structures, parking and
circulation areas, open space, landscaping and topography, easements, public
areas within or next to the development, and lot boundaries and areas.
c) A proposed conceptual site plan, showing, in a general manner, all proposed
buildings or structures, parking and circulation areas, open space, landscaping
and topography, easements, public areas within or next to the development,
proposed lot boundaries and areas, and the proposed system of drainage,
including adjacent existing natural waterways.
d) A narrative including: a description of the overall concept for the Master Plan,
including general building locations, site improvements, and land uses, and
demonstrating how the Plan conforms to the Purpose of this Section; a
description of the natural features of the site, including wetlands, floodplains,
slopes over 12%, soil conditions, and other features requested by the Planning
Board; and a description of the neighborhood in which the tract lies, including
environment, traffic, utilities, and other public facilities and the general
impact of the proposed Master Plan upon the Town.
18.8.10.5 Submission and Approval of Definitive Plan. Following approval of a
Preliminary Master Plan, the expiration of the 60-day period above without Planning
Board action on the Preliminary Master Plan, or waiver of the same as provided
above, the applicant shall file a Definitive Plan accompanied by an application for
Definitive Plan Review prior to an application for a building permit. Review of a
Definitive Plan shall follow the procedures of Section 18.8.10.9 and Section 9 of
M.G.L. c. 40A. An application for Definitive Plan approval shall include the
following components unless waived by the Planning Board:
a. A locus plan showing the names of abutters, land uses, and location and width
of all adjacent streets.
b. Landscape plans showing proposed plantings.
c. Engineered drawings showing proposed utilities, storm water management,
vehicular circulation, parking, and other requirements as appropriate.
d. Proposed sign master plan, as described in Section 18.8.9.
e. A narrative describing how the proposed building(s), anticipated land uses,
site design, parking, circulation, landscaping and other features conform to the
Master Plan Special Permit and the Purpose of this Section.
f. It shall be drawn at a scale of one-inch equals forty feet unless another scale is
requested and found suitable by the Planning Board.
g. The Plan shall be prepared by a land surveyor, professional engineer, or
architect.
h. The scale, date, and north arrow shall be shown.
i. The plan shall be certified by the land surveyor doing the boundary survey
and the professional engineer or architect on the location of the buildings,
setbacks, and all other required dimensions, elevations, and measurements and
shall be signed under the penalties of perjury.
j. The corner points of the lot and change of direction of lines shall be marked
by stone monuments, cut in stone, stake and nail, iron pin, or other marker and
shall be so marked.
k. Lot number, dimensions of lot in feet, size of lot in square feet, and width of
abutting streets and ways.
l. Easements within the lot and abutting thereon.
m. The location of existing or proposed buildings on the lot.
n. The location of existing wetlands, water bodies, wells, 100 year floodplain
elevation and other natural features requested by the Planning Board.
o. The dimensions of the existing and proposed buildings in feet.
p. The distance of existing and proposed buildings from the lot lines and the
distance between buildings on the same lot.
q. Percent of the lot coverage.
r. Average finished grade of each proposed building.
s. The elevation above average finished grade of the floor and ceiling of the
lowest floor of each proposed building.
t. Existing and proposed topographical lines at two (2) foot intervals.
u. Height of all proposed buildings, above average finished grade of abutting
streets.
18.8.10.6 Phasing. In the event of phased development of an approved Master Plan,
the applicant may divide the proposed development described in the Master Plan into
several phases which shall be reviewed either through a single combined Definitive
Plan, or through a series of separate Definitive Plans that address the proposed area of
work.
18.8.10.7 Consolidation of Review. An application for approval under this Section
18.8 is also intended to consolidate review and approval under other applicable
provisions of this Zoning Bylaw as a single special permit review process with a
single special permit issued by the Planning Board. To this end, if an application for
approval under this Section 18.8 also triggers review under Section 8.1 (Parking),
and/or 8.3 (Site Plan Approval) and/or Section 6.6 (signs), the Planning Board shall
consolidate its review such that an application filed under Section 18.8 for a Sub-
district A special permit shall be deemed to satisfy the requirements under Sections
8.1, 8.3, and 6.6, and the Applicant shall also use the standards under said Sections
8.1, 8.3 and 6.6 as guidance and without the need to file for separate zoning relief
under said Sections, and the conditions and requirements under Sections 8.1 and/or
8.3 and/or 6.6 shall be incorporated into the Sub-district A special permit review and
approval process.
18.8.10.8 Peer Review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the Definitive Plan Approval application.
Such fees shall be held by the Town in a separate account and used only for expenses
associated with the review of the application by outside consultants, including, but
not limited to, attorneys, town counsel, engineers, urban designers, housing
consultants, planners, and others. Any surplus remaining after the completion of such
review, including any interest accrued shall be returned to the applicant.
18.8.10.9 Procedures
a. The Sub-district A Definitive Master Plan approved by the Planning Board
under Section 18.8 becomes the official development plan for a site for which
an application for Sub-district A Definitive Master Plan Special Permit is
filed. Town permits shall be issued or withheld based upon compliance with
the approved Definitive Master Plan. The approved Definitive Master Plan is
legally binding and can only be changed or adjusted in compliance with the
provisions contained in Section 18.8.10.10 (Revisions to Approved Definitive
Master Plans).
b. A Definitive Master Plan approval is by Special Permit issued by the Planning
Board, as special permit granting authority, and shall be noticed in accordance
with Sections 9 and 11 of M.G.L. c.40A.
c. An applicant for a Sub-district A Definitive Master Plan Special Permit shall
file with the Planning Department an application form, fee, the Definitive
Master Plan, and any additional information as may be required as described
herein or as provided in regulations and/or instructions of the Planning Board.
Once the application is deemed complete, the Planning Department will
forward one copy of the application to the Town Clerk. An application will
not be deemed complete until all required information and fees are submitted.
The time periods set forth in this Zoning Bylaw and M.G.L. c..40A will not
start until the application has been deemed complete and submitted to the
Town Clerk. The application shall also be subject to the procedures and
requirements for special permits under Sections 10.3 and 10.31 of the Zoning
Bylaw.
d. The Planning Board shall have the authority to require that the applicant pay
for necessary professional services required to adequately review and analyze
the contents of any Definitive Master Plan or technical review requested by
the Board.
18.8.10.10 Revisions to Approved Definitive Master Plan
(a) Any revisions to a development that has secured Sub-district A Definitive
Master Plan approval shall be submitted to the Town Planner for review. No
revisions shall be approved until the Town Planner receives three (3) copies of the
revised plan and the revisions placed on the plan fall into the following
categories:
(i) A change of location and layout of any parking area(s), signs, storage or
accessory buildings, provided that no Town Bylaws are violated by the change;
(ii) The change in the proposed landscaping plan which does not violate any
Town Bylaw;
(iii) A change of egress and ingress provided the same is in compliance with
Town Bylaws and the requirements of the Commonwealth; or,
(iv) Such other adjustments deemed minor by the Town Planner with consent by
the Planning Board.
(b) The revisions cited above may be completed without further approval by the
Planning Board, upon approval by the Town Planner. The Town Planner may
determine that the revisions as shown do not fall into the categories outlined in
this subsection, and that the proposed revisions are in fact substantial and call for
a materially different site plan than approved by the Planning Board in that
changes are called for in the type, location and manner of the facilities and site
improvements to be constructed and shown in the approved Definitive Master
Plan.
(c) If the revisions are determined to be substantial and materially different by the
Town Planner, the Town Planner shall direct the applicant to resubmit the site
plan to the Planning Board for approval in accordance with the provisions of this
section.
18.8.10.11 Standards for Approval – Special Permit.
In addition to satisfying the specific criteria for the grant of a special permit contained
in Section 10.31 of this bylaw, and under Section 9 of M.G.L. c. 40A, the Planning
Board shall issue a special permit only after consideration of the following factors:
a) Compliance with the criteria established under this Section 18.8 unless
otherwise waived;
b) Impact on the neighborhood visual character, including architectural design,
views and vistas; and,
c) The project meets one or more of the purposes established under Section
18.8.0.
Approved By Attorney General September 11, 2015
Article 10: Amend Zoning Map – Downtown Overlay District. Unanimous vote to amend
the Zoning Map for the Town of North Andover by rezoning certain parcels of land to be
included within the Downtown Overlay District – Sub-district A: Historic Mill Area, identified
on the 2014 Town of North Andover Assessor’s Maps as: Map 53 Parcel 25; Map 54 Parcel 1;
Map 68 Parcel 10; Map 69 Parcel 1; as well as a certain parcel of land depicted as a former
railroad right of way and described as Parcel 3 in a deed recorded with the Essex North District
Registry of Deeds in Book 10601, Page 340, as more particularly shown as the shaded area
depicted on the map entitled “Proposed DOT – Sub-district A: Historic Mill Area”, dated March
22, 2015, which map is on file with the Town Clerk.
Voted May 19, 2015 - Approved By Attorney General September 11, 2015
Article 11: Amend Zoning Map – Downtown Overlay District (Corrections). Unanimous
vote to amend the Zoning Map for the Town of North Andover to rezone certain parcels of land
to properly describe the Downtown Overlay District originally included within the Downtown
Overlay District by Article 41 of the 2009 Annual Town Meeting, identified on the 2014 Town
of North Andover Assessor’s Maps as: Map 18, Parcel 39; Map 18 Parcel 40; Map 18 Parcel 43;
Map 18, Parcel 63; Map 29 Parcel 56; Map 29 Parcel 47; Map 18 Parcel 74; Map 18 Parcel 44;
Map18 Par 63 Par 10 Map30 Par 44 Map18
Map 18 Parcel 70; Map 41 Parcel 34; Map 41 Parcel 05; Map 41 Parcel 06; Map 41 Parcel 07;
Map 30 Parcel 09; Map 30 Parcel 10; Map 30 Parcel 34; and Map 30 Parcel 12, as more
particularly shown as a portion of the shaded area depicted on the map entitled “DOT Map
Corrections”, dated March 22, 2015, which map is on file with the Town Clerk.
Map18 Par
40
Map18 Par 39
Map29 Par 56
Map 18 Par
43
Map29 Par
47
Map18
Par 74
Map18 Par 70
Map 30
Par 9
Map
Map
30 Par
41
34
Par
5
Map 41
Par 6
Map 41
Par 7
Map 41 par 34
Map
30 Par
12
Voted May 19, 2015 – Approved By Attorney General September 11, 2015
Article 12: Amend Zoning Map – Machine Shop Village Neighborhood Conservation
District. Unanimous vote to amend the Zoning Map for the Town of North Andover to rezone
certain parcels of land to properly describe the Machine Shop Village Neighborhood
Conservation District originally included within the historic district by Article 34 of the 2008
Annual Town Meeting, shown as a portion of the shaded area depicted on the map entitled
“Machine Shop Village Neighborhood Conservation District”, which is on file with the Town
Clerk.
Machine Shop Village Neighborhood Conservation District Map
Unanimous Vote May 19, 2015 Approved by Attorney General September 11, 2015
The 2014 Annual Town Meeting for the Town of North Andover dissolved by Unanimous Vote
Article 13: Set Salaries and Compensation of Elected Officials. Unanimous 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 14: Continue and Approve Revolving Funds. Unanimous vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, §53E ½ for the Fiscal Year beginning July 1, 2015:
Revolving Fund Accounts
AccountRevolving FY 2016
NumberFundAuthorized to SpendUse of FundsRevenue SourceLimit
12031204Wheelabrator Director - Community Air quality monitoringWheelabrator Host $ 35,000
PlanningDevelopment Community
Agreement
22031205Wheelabrator Director - Community To enforce Trash Truck Wheelabrator Host $ 20,000
Public SafetyDevelopment regulationsCommunity
Agreement
32031207Health Dept - Director - Community Food Consultant fees Inspection Fees$ 30,000
Food Development and expenses related to
Inspectionsprogram
42031208Health Dept - Director - Community Septic Consultant fees Inspection Fees$ 20,000
Septic Development and expenses related to
Inspectionsprogram
52031210Field Director - Division of Field maintenance, Field rental fees, $ 5,000
MaintenancePublic Worksupgrade and related Grants, Donations,
expensesand related
Fundraising
proceeds
62031211Health Dept Director - Community clinic supplies and other Clinic participant $ 30,000
RevolvingDevelopment related materialsfees, Grants,
Donations, and
related Fundraising
proceeds
72031213Youth and Director - Division of All programs and Participants' fees, $ 300,000
Recreation Public Worksactivities, expense, part Grants, Donations,
Services time helpand related
RevolvingFundraising
proceeds
82031217Elder ServicesDirector of Human Senior programs, Participants' fees, $ 20,000
- COA RevolServicesclasses and activitiesGrants, Donations,
and related
Fundraising
proceeds
9Stormwater Director - Community Review, test and inspect Review Fees$ 50,000
BylawDevelopment Stormwater reports
Total:
$ 510,000
Revolving Fund Account Receipts and Expenditures
Prior Year Invoices
Receipts Expenditures
AccountBalance FY14 FY14 Balance thru thru
NumberRevolving Fund7/1/13ReceiptsExpenditures06/30/1412/31/1412/31/14Balance
2031204Wheelabrator $ 89,455$ 25,000$ (13,780)$ 100,675 $ 25,000$ (8,803) $ 116,872
1
Planning
FY14
2031205Wheelabrator $ 59,594$ 12,700$ (2,410)$ 69,884 $ 4,450$ (2,099) $ 72,235
2
Public Safety
2031207Health Dept - $ 83,612$ 27,800$ (29,743)$ 81,669 $ 21,005$ (23,007) $ 79,667
3
Food Inspections
2031208Health Dept - $ 18,117$ 20,130$ (18,841)$ 19,406 $ 15,030$ (13,777) $ 20,659
4
Septic
Inspections
2031210Field $ 2,684$ 1,800$ -$ 4,484 $ 450$ - $ 4,934
5
Maintenance
VendorAmountDepartment
2031211Health Dept $ 25,144$ 27,166$ (19,166)$ 33,144 $ 382$ (14,319) $ 19,206
6
Revolving
2031213Youth and $ 196,399$ 336,890$ (309,917)$ 223,371 $ 105,443$ (189,812) $ 139,002
7
Recreation
Services
Accounting
Ricoh
290.87
Revolving
2031217Elder Services$ 13,660$ 30,761$ (27,108)$ 17,313 $ 11,042$ (13,471) $ 14,885
8
- COA Revol
Town Mgr
Ricoh
327.27
Health
Ricoh
347.88
Town Clerk
Ricoh
370.46
Veterans
Andover Markers
608.89
School
TransCanada
266.37
School
Riso
364.02
School
1600 Osgood
1.96
School
Deb Gilmartin Reimb
132.18
School
CH Neurology Foundation
1,193.46
School
Mass Commission for the Deaf
162.50
Voted May 19, 2015
School
Icon Architecture
2,750.00
Article 15: Approve Payment of Prior Years Unpaid Bills. Unanimous vote to authorize School
Crest
5,706.00
payment of the following unpaid bills from prior year(s), by the respective department, using
12,521.86
appropriations of the current fiscal year,
Article 16. Unanimous Vote to Raise and appropriate funds for Fiscal Year 2016 as
follows:
General Government $ 2,355,457
Public Safety $ 10,432,514
Education $ 43,612,479
Snow and Ice Removal $ 875,000
All Other Public Works $ 3,607,958
Health and Human Services $ 1,220,533
Culture and Recreation $ 974,850
Support Services $ 1,564,360
Debt Service $ 5,858,518
Employee Benefits $ 15,498,811
Liability Insurance $ 444,071
Regional Schools $ 457,798
th
Payroll Reserve (27 Payroll) $ 408,348
For a total appropriation of $87,310,698 and to transfer to the General Fund from Special
Revenue – GLSD $144,892 and to the General Fund from Free Cash $408,248.
Article 17: Appropriation – Water Enterprise Fund for Fiscal Year 2016. Unanimous
vote to appropriate the amount of $5,322,268 in aggregate, for the purpose listed under column
"FY16 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the
Fiscal Year beginning July 1, 2015 and ending June 30, 2016; without regards to individual line
items, and to operate the Water Enterprise Fund, that $5,322,268 be raised from Water receipts
and from these receipts $923,227 be transferred to the General Fund for indirect cost and
$635,000 to Capital Projects.
WATER ENTERPRISESEWER ENTERPRISE
FY16FY16
RecommendationRecommendation
FY16FY16Town ManagerTown Manager
FY15FY15DepartmentDepartmentBoard of SelectmenBoard of Selectmen
BudgetBudgetRequestRequestFinance CommitteeFinance Committee
PersonnelPersonnel
356,950896,678406,459940,600940,600406,459
ExpenseExpense
325,7001,488,819402,9701,541,1651,541,165322,970
Debt ServiceGLSD Assessment
1,655,0001,706,3941,721,2001,282,2761,282,2761,721,200
Debt Service
Sub-Total Direct Expenditures
1,956,9384,091,8901,549,8483,764,0413,764,0411,549,848
Transfer to Capital Projects
Sub-Total Direct Expenditures
4,294,588600,0004,080,477635,000635,0004,000,477
Article 18: Appropriation – Sewer Enterprise Fund for Fiscal Year 2016. Unanimous vote
Admin/IndirectTransfer to Capital Project
to appropriate the amount of $4,514,936 in aggregate, for the purpose listed under the column
900,710080,000923,227923,22780,000
“FY16 Recommendation: Town Manager, Board of Selectmen, Finance Committee” for the
Admin/Indirect
Total Water Enterprise5,592,6005,322,2685,322,268
423,863434,460434,460
Fiscal Year beginning July 1, 2015 and ending June 30, 2016; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $4,514,936 be raised from sewer receipts
Total Sewer Enterprise4,718,4514,594,9364,514,936
and from these receipts $434,460 be transferred to the General Fund for indirect expenses and
$80,000 to Capital Projects.
STEVENS ESTATE
AT OSGOOD HILL ENTERPRISE
FY16
Recommendation
FY16Town Manager
Article 19: Appropriation – Stevens Estate Enterprise Fund for Fiscal Year 2016.
Unanimous vote to appropriate the amount of $322,682 in aggregate, for the purpose listed
FY15DepartmentBoard of Selectmen
under the column "FY16 Recommendation: Town Manager, Board of Selectmen, Finance
BudgetRequestFinance Committee
Committee" for the Fiscal Year beginning July 1, 2015 and ending June 30, 2016; without
regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund
Personnel
108,932127,801127,801
that $322,682 be raised from Stevens Estate at Osgood Hill Fund and from these receipts
$48,812 be transferred to the General Fund for indirect expenses.
Expense
136,166146,069146,069
Debt Service
000
Sub-Total Direct Expenditures
245,098273,870273,870
Admin/Indirect
47,62248,81248,812
Total Stevens Estate Enterprise292,719322,682322,682
Article 20: Appropriation – Capital Improvement Plan for Fiscal Year 2016. Unanimous
vote to fund the Capital Improvement Program as listed under the heading “Board of
Selectmen/Finance Committee/Town Manager Recommendations” and with the language
included.
FY16 CIP
Recommendations
Board of SelectmenAuthorized to
Other Funding
Finance CommitteeSourcesBorrow under
Town Manager (Grants, Chapter 90, Raise & Excess bond
Line #Project DescriptionRecommendationsCPA & Spec Rev)AppropriatedRetained EarningsProceedsChapter 44
Roadway Improvements
$ 1,230,000$ (820,000)$ -$ 410,000
1
Sidewalks Reconstruction
$ 75,000$ (5,000)$ 70,000
2
Municipal IT
$ 50,000$ -$ 50,000
3
Building Maintenance
$ 150,000$ 150,000
4
Facilities Master Plan Implementation
$ 4,699,483$ 4,699,483
5
High School Track Resurfacing
$ 200,000$ 200,000
6
7 School IT
$ 104,881$ 104,881
General Fund Total
$ 6,509,364$ (825,000)$ -$ - $ -$ 5,684,364
Ozone System, Clearwell Baffles &
Detention Tank Upgrade
$ 70,000$ -$ -$ (70,000) $ -$ -
8
Demolition of Pumping Station
$ 250,000$ (250,000) $ -
9
Corrosion Study & Repairs of Water Pipes
$ 95,000$ (95,000) $ -
10
Chemical Storage Tank & Feed System
Improv.
$ 70,000$ (70,000) $ -
11
Process Control Computer - update
$ 150,000$ (150,000) $ -
12
Water Enterprise Fund Total
$ 635,000$ -$ -$ (635,000) $ -$ -
Improvements to various Pump Stations
$ 750,000$ -$ -$ (80,000) $ -$ 670,000
13
Commonwealth Ave Sewer Replacement
$ 125,000$ -$ -$ - $ -$ 125,000
14
Sewer Enterprise Fund Total
$ 875,000$ -$ -$ (80,000) $ -$ 795,000
Total All Funds
$ 8,019,364$ (825,000)$ -$ (715,000) $ -$ 6,479,364
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $6,479,364
under chapter 44 of the Massachusettes General Law or any other enabling authority;
(2) The appropriations for items 8, 9, 10, 11 & 12 above shall be funded with Water Enterprise fund retained earnings
in the amount of $635,000;
(3) The appropriation for item 13 above shall be partialy funded with Sewer Enterprise fund retained earnings
in the amount of $80,000;
Article 21: Transfer to Stabilization. Unanimous vote to transfer $64,412 from available
funds or free cash into the Stabilization Fund
Article 22: Transfer to Capital Stabilization. Unanimous vote to transfer $213,000 from
available funds or free cash into the Capital Stabilization Fund.
Article 23: Transfer of funds from Health Insurance Trust Fund to Other Post-
Employment Benefits (OPEB) Liability Trust Fund. Unanimous vote to transfer a sum of
$500,000 from the Health Insurance Trust Fund into the Other Post-Employment Benefits
(OPEB) Liability Trust Fund.
Article 24: Special Education Stabilization Fund. Unanimous vote to establish a Special
Education Stabilization Fund for the purpose of reserving funds to pay expenses related to
special education, as authorized by Chapter 40, §5B of the General Laws.
Article 25: Transfer of Funds to Special Education Stabilization Fund. Unanimous vote to
transfer a sum of $750,000 from Free Cash to the Special Education Stabilization Fund.
Article 26: 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, 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.
List of Approved Projects – Community Preservation Fund
Description Amount Category
Affordable Housing Trust $ 100,000 Affordable Housing
Bradstreet School Memorial $ 24,500 Historical Preservation
Feasibility Study – NAMS Athletic Complex $ 50,000 Recreation
Playground Renovation – Franklin School $ 100,000 Recreation
Renovation of Former Fire Station $ 575,000 Historic Preservation
Ridgewood Cemetery Enhancements $ 594,400 Historic Preservation
Stevens Estate – Bathroom Restoration $ 50,000 Historic Preservation
Stevens Estate – Carriage House $ 25,000 Historic Preservation
Reserve for Affordable Housing $ 87,800 Affordable Housing
Administrative Costs $ 30,000 Administrative and
Operating Expenses
Total for Requested Projects $1,636,700
Article 27: Authorization for a PILOT for a Solar Photovoltaic Installation (1600 Osgood
Street). Unanimous vote, pursuant to the provisions of G.L. c.59, §38H, or any other enabling
authority, to authorize the Town Manager and Board of Selectmen to enter into an agreement for
payments in lieu of real and/or personal property taxes with the owner of, and for, a solar
photovoltaic energy generating facility proposed at the property located at 1600 Osgood Street,
North Andover, shown on Assessor’s Map 34, Parcel 17, upon such terms and conditions as the
Town Manager and Board of Selectmen shall deem to be in the best interest of the Town, and to
take such other actions as may be necessary to implement and administer such agreement.
Article 28: Authorization for a PILOT for a Solar Photovoltaic Installation (Brooks
School). Unanimous vote, pursuant to the provisions of G.L. c.59, §38H, or any other enabling
authority, to authorize the Town Manager and Board of Selectmen to enter into an agreement for
payments in lieu of real and/or personal property taxes with the owner of, and for, a solar
photovoltaic energy generating facility proposed at the property located at 0 Great Pond Road,
North Andover, shown on Assessor’s Map 103, Parcel 1, upon such terms and conditions as the
Town Manager and Board of Selectmen shall deem to be in the best interest of the Town, and to
take such other actions as may be necessary to implement and administer such agreement.
Article 29: Authorization for a Net Metering Power Purchase Agreement (1600 Osgood
Street). Unanimous vote to authorize the Town Manager and Board of Selectmen to enter into
an agreement for the purchase of net metering credits generated by a renewable energy facility
for a term of up to 25 years upon such terms and conditions as the Town Manager and Board of
Selectmen deem in the best interests of the Town, and to authorize the Town Manager and Board
of Selectmen to take such other actions as may be necessary to implement and administer such
agreement.
Artloicle 30: Citizen’s Petition – Petition the General Court – Change Voting Age to
Sixteen for Town Elections. To see if the Town will vote to file a Home Rule Petition to allow
citizens of North Andover who are 16 years old and older to register and vote in municipal
elections within the Town.
Petition of Celia DiSalvo, et al
Amendment Frank Macmillan: “and to become effective, favorable action by the General Court
must be ratified by the voters at a ballot referendum to be held at the next annual town election”
Amendment Vote: Yes 140 No 58
Article 30 Defeated Vote: Yes 70 No 130
Article 31: Citizen’s Petition – Petition the General Court – Special Act – Change in
Liquor Quota – All Alcoholic Beverages for The Cork Stop, Inc. 1593 Osgood Street.
Voted 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 Alcohol Beverages Licenses for Package
Stores by one (1) for The Cork Stop, Inc., Sophia Stamos, Manager, 1593 Osgood Street, North
Andover, Massachusetts 01845.
YES 155 NO 10
The 2015 Annual Town Meeting Dissolved by Unanimous Vote on Tuesday May 19, 2015
with all articles voted.
Respectfully Submitted,
Joyce A. Bradshaw, CMMC, Town Clerk