HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.20.2014 2014 Annual Town Meeting Minutes —May 20, 2014
Town Moderator Mark S. DiSalvo called the 2014 Annual Town Meeting to order at 7:19
PM in the Auditorium of the North Andover High School 430 Osgood Street on Tuesday May
20, 2014. America the Beautiful was performed by the North Andover High School Chorus.
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. The 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 335 voters present.
A motion was made by Rosemary Connelly Smedile, 65 Greene Street, Chairman of the
Board of Selectmen, seconded by Donald B. Stewart 52 Prospect 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 2014 Annual Town Meeting dissolved by unanimous vote at 9:OOPM on May 20,
2014 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 2013 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, Section 12(b), to authorize the Town
Manager or the Superintendent of Schools to solicit and award contracts, except personnel
contracts, for terms exceeding three years, including any renewal, extension or option,
provided in each instance the longer term is determined to be in the best interest of the Town
by vote of at least four (4) members of the Board of Selectmen or the School Committee, as
appropriate.
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 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 on terms 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 by deleting Chapter 88 — Dogs and inserting the following
Chapter 88—Animal Control in place thereof,
CHAPTER 88—ANIMAL CONTROL
88-1 Animal Control
Pursuant to the authority set forth in MGL Chapter 140, §§136A to 175, the following
bylaw is enacted for the regulation of dogs in the Town of North Andover.
88-2 Definitions
As used in this bylaw, the following words and terms have the following meanings:
88-2.1 Animal Control Officer (ACO)
A person appointed by the Board of Selectmen in accordance with the
provisions of M.G.L. Chapter 140, §§151 and 151A.
88-2.2 Destruction
An order by the Hearing Authority that a vicious dog be destroyed in
accordance with MGL Chapter 140, §§136A to 175 and Massachusetts
Society for the Prevention of Cruelty to Animals guidelines.
88-2.3 Keeper
A person, business, corporation, entity or society other than the owner, having
possession of a dog.
88-2.4 Kennel
A pack or collection of dogs on a single premises, including a commercial
boarding or training kennel, commercial breeder kennel, domestic charitable
corporation kennel personal kennel, or veterinary kennel.
88-2.5 Kennel License
A special license issued to a kennel, which allows payment of a single fee
covering all dogs in the kennel; with the kennel license, the kennel owner
receives a special kennel tag for each dog in the kennel.
88-2.6 License
A dog's registration, evidenced by a tag issued annually by the Town Clerk to
the owner of each dog residing in North Andover and worn by the dog
securely fixed to its collar or harness.
88-2.7 License Transfer
The registration issued to a dog already licensed in another U.S. jurisdiction,
after the dog moves into the Town of North Andover.
88-2.8 Licensed Period
An annual period from January 1 through December 31.
88-2.9 Muzzling
Using a device that fits over a dog's mouth and prevents it from biting, but
that does not cause any injury or interfere with the vision or respiration of the
dog that wears it.
88-2.10 Nuisance Dog
A dog that (i) by excessive barking or other disturbance, is a source of
annoyance to a sick person residing in the vicinity; (ii) by excessive barking,
causing damage or other interference, a reasonable person would find such
behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has
threatened or attacked livestock, a domestic animal or a person, but such
threat was not a grossly disproportionate reaction under all the circumstance.
88-2.11 Permanent Restraint
An order issued by the Hearing Authority under Section 88-5, requiring
vicious dog's keeper or owner to restrain it.
88-2.12 Restraint
Limiting, restricting, or keeping an animal under control by means of a
physical barrier (i.e., a leash, substantial chain or line, visible or invisible
fence).
88-2.13 Running at Large
A dog is running at large if it is not on the private property of its keeper or
owner, or on private property with the express permission of that property's
owner, or on a leash.
88-2.14 Temporary Restraint
An order issued by the ACO under Section 88-4, requiring the dog's keeper or
owner to restrain a nuisance dog or suspected vicious dog for thirty (30) days.
88-2.15 Vicious Dog
A dog that, without provocation, bites a human being or kills or maims a
domestic animal without provocation.
88-2.16 Other Meanings
Any word or term defined in MGL Chapter 140 §136A, and not otherwise
defined here, is incorporated by reference.
88-3 Vaccination, Licensing and Fees
88-3.1 Four or fewer Dogs
License and vaccination requirements
All dogs six months and older, while residing in the Town of North Andover,
must have a license from the Town Clerk. To obtain or renew the license,
each dog owner must annually present proof of a current rabies vaccination.
When a veterinarian determines that vaccination is inadvisable, the owner
may present a veterinarian's certificate exempting an old or sick dog from
vaccination for stated period of time.
New Dogs
Within thirty (30) days of acquiring a dog six (6) months of age or older, each
dog owner in North Andover must present proof of that dog's current rabies
vaccination and obtain a license and dog tag from the Town Clerk.
New Puppies
Within six (6) months of a puppy being born, each dog owner in North
Andover must present proof of that puppy's current rabies vaccination and
obtain a license and dog tag from the Town Clerk.
New Residents
A new resident who owns a dog six (6) months of age or older must license it
within thirty (30) days after moving into North Andover. The Town Clerk
will issue each dog a transfer license upon the owner's surrender of a current
license from another U.S. jurisdiction and proof of current rabies vaccination.
The transfer license is valid until the next regular licensing period.
Lost Tags and Replacement Tags
Dog owners must replace a lost tag within three (3) business days of the loss,
by obtaining a replacement tag from the Town Clerk.
Tag exemptions for dog events and medical reasons:
• A dog while actually participating in an official dog sporting or
dog fancy event (if the event sponsors do not allow participants to wear
tags) is exempt from the requirement that its license tag be affixed to its
collar, provided its keeper has the tag at the event and available for
inspection by the ACO.
• When a veterinarian determines that a dog cannot wear a collar for
medical reasons, the dog is exempt from wearing a tag until it recovers,
from the requirement that its license tag be affixed to its collar, provided
its keeper has the tag in his or her possession and available for inspection
by the ACO.
Annual Renewal
Dog owners must renew each dog license annually. The annual licensing
period runs from January 1 through December 31.
License Due Date and Late Fee
The application form for obtaining, renewing or transferring a license shall be
available to each household no later than December 31 each year. Dog owners
must return forms and fees to the Clerk by March 1 (or the first business day
thereafter, if March 1 falls on Friday, Saturday, Sunday or legal holiday), Any
license renewed after this date is overdue, and the owner must pay a late fee as
determined by the Board of Selectmen in addition to the license renewal fee,
The overdue license fee and the late fee may be added to the owner's tax bill
or may be recovered through the imposition of a municipal charges lien on
any property standing in the name of the dog owner, pursuant to MGL
Chapter 40 §5 8.
License Fees
The fees for licensing each dog shall be determined by the Board of
Selectmen, The fees shall differentiate between neutered or spayed dogs, and
non-neutered or non-spayed dogs. The fee for neutered or spayed dogs shall
be less than the fee for non-neutered or non-spayed dogs.
88-3.2 More than Four Dogs
License and Vaccination Requirements
Anyone who owns or boards more than four dogs within the Town of North
Andover must apply for and obtain a kennel license from the Town Clerk.
(This requirement shall not apply to medical boarding by a licensed
veterinarian practicing in the Town of North Andover.) To obtain or renew
the license, the kennel licensee who is also the owner of the dogs must present
proof of current rabies vaccinations for each dog older than six months in the
kennel. When it is off the kennel property, each dog in the kennel must wear
a kennel tag, issued by the Town Clerk, affixed to its collar or harness.
Kennel licensees who offer temporary boarding services must obtain valid
proof that each dog in the kennel that is older than 6 months has received a
current rabies vaccination which proof must be maintained in accordance with
88-3.1.
New Dogs and New Puppies
The kennel licensee who is also the owner of the dogs must report to the
Town Clerk each new dog in the kennel within thirty (30) days of its
acquisition, show proof of current vaccination, and obtain a kennel tag for that
dog. The kennel licensee must show proof of current vaccination and obtain a
tag for each puppy when it reaches six months old.
Inspection Process
Before the Town Clerk can issue the kennel license, the Health Division
Animal Inspector must inspect the proposed kennel, file a report on the
inspection, and favorably recommend that the kennel meets all the following
requirements:
• The location of the kennel is appropriate for housing multiple
dogs.
• The location of the kennel on the property will have no significant
adverse effect on the peace and quiet or sanitary conditions of the
neighborhood.
• The area provided for housing, feeding, and exercising dogs is no
closer than twenty (20) feet to any lot line.
• The area provided for housing, feeding, and exercising dogs is no
closer than fifty (50) feet to any existing dwelling on an abutting lot.
• The kennel will be operated in a safe, sanitary and humane
condition.
0 Records of the numbers and identities of the dogs are properly
kept.
• The operation of the kennel will be consistent with the health and
safety of the dogs and of the neighbors.
Periodic Inspections
Before a kennel license is renewed, and at any time they believe it necessary,
the ACO and/or the Health Division may inspect any kennel. If the ACO or
the Health Division determine that the kennel is not being maintained in a
safe, sanitary and humane condition, or if the kennel records on the numbers
and identities of the dogs are not properly kept, the ACO will report the
violations to the Hearing Authority for a hearing on whether to impose fines
or revoke the kennel license.
Kennel Review Hearings
Within seven (7)business days after receiving the ACO's report of violations,
the Hearing Authority will notify all interested parties of a public hearing to
be held within fourteen (14) days after the notice date. Within seven (7)
business days after the public hearing, the Hearing Authority shall revoke the
kennel license, suspend the kennel license, order compliance, or otherwise
regulate the kennel.
Penalties
Any person maintaining a kennel after the kennel license has been denied,
revoked or suspended will be subject to the penalties in Section 88-7 of this
bylaw.
Annual Renewal
Each kennel licensee must renew the license annually at the Town Clerk's
Office. The annual licensing period runs from January 1 to December 31.
License Due Date
Kennel license renewal forms will be sent to each licensed kennel no later
than December 1 each year. Kennel licensees must return forms and fees to
the Town Clerk by January 15 (or the first business day thereafter, if the 15'
falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time
will result in a late fee due in addition to the license fee. The overdue license
fee and the late fee may be added to the licensee's tax bill or may be
recovered through the imposition of a municipal charges lien on any property
standing in the name of the kennel licensee, pursuant to MGL Chapter 40,
§58. Nothing in this bylaw shall prevent or abrogate the Board of Health's
authority to license and inspect kennels in the Town of North Andover.
Fees
The fees for licensing each kennel shall be established by the Board of
Selectmen.
88-3.3 Conduct of Animals
88-3.3.1 Endangered Safety
No animal keeper or owner shall allow its animal to bite, menace or
threaten, all without provocation, so as to endanger the safety of any
person. This section is not meant to preclude an animal from acting as a
watchdog on its keeper's or owner's property.
88-3.3.2 Disturbing the Peace
No animal keeper or owner shall allow the animal to disturb the peace of
any neighborhood by making excessive noise without provocation. Noise
is excessive if it is uninterrupted barking, yelping, whining or howling for
a period of time exceeding 15 minutes. This section is not meant to
preclude a dog from acting as a watchdog on its keeper's or owner's
property.
88-3.3.3 Damaging Property
No animal keeper or owner shall allow the animal to damage public or
private property or realty.
88-3.3.4 Running at Large
When not on the private property of its keeper or owner, or on private
property with the express permission of that property's owner, an animal
must be on a leash.
Public Gatherings—Leash Control Only
Animals shall be prohibited at public gatherings permitted by the Town
Manager or Town Manager's designee unless specifically allowed. Unless
prohibited by the Board of Selectmen for any particular gathering, an
animal may be at any other public gathering not otherwise specified in this
bylaw only it if is on six-foot or shorter leash, and the owner or keeper of
the animal shall not allow it to act in violation of this bylaw or other
applicable law.
School Grounds
The School Principal shall have jurisdiction over the presence of animals
on school grounds.
Exception for Assistance Animals (Service Animals)
Section 88-3.3.4 does not apply to any properly trained assistance animal
or service animal while performing its duties.
88-3.3.5 Chasing
No animal keeper or owner shall allow the animal to chase a person,
motor-powered vehicle, human-powered vehicle, or animal drawing or
carrying a person.
88-3.3.6 Dog Litter
Every dog keeper or owner is responsible for expeditiously removing any
dog feces the dog deposits anywhere except on its keeper's or owner's
private property, on other private property with the property owner's
permission. This provision does not apply to any assistance dog or service
dog while it is performing its duties.
88-4 Animal Control Officer
88-4.1 Appointment
The Board of Selectmen shall appoint an Animal Control Officer (ACO)
under the provisions of MGL Chapter 140, §§151 and 151A to cavy out the
provisions of this bylaw and to perform such other duties and responsibilities
as the Board of Selectmen or its designee may determine.
88-4.2 Duties
The ACO's duties shall include but not be limited to the following:
• Enforce the Town of North Andover Animal Control bylaw and
relevant State laws and regulations.
• Explanation of bylaw violations.
Notification to the owner of unlicensed dogs.
Issuance of Temporary Restraint Orders
The ACO shall issue an order of temporary restraint to the keeper of any
animal that is a nuisance or that is awaiting a decision under Section 88-6 as
to whether it is vicious. An order of temporary restraint is an order that the
animal must be confined to its keeper's or owner's property when not on a six
(6) foot or shorter leash or may be ordered to be sheltered at a local kennel or
veterinarian facility at the animal owner's expense; muzzling will be at the
ACO's discretion. It shall be in force for no more than thirty (30) days unless
the ACO renews it in writing for subsequent thirty (30) day periods. The
ACO shall rescind or stop renewing the order when, in the ACO's judgment,
restraint is no longer required. The animal's keeper or owner can petition the
Hearing Authority under Section 88-5.2 to rescind the order for Temporary
Restraint.
Issuance of an Order of Confinement
The ACO may make arrangements for the temporary housing of any animal
that is to be confined under the provisions of this bylaw. The housing may be
at local veterinary clinics, or at dog kennels within the Town or neighboring
towns, and shall be at the animal owner's expense.
Complaint Resolution
The ACO shall keep accurate, detailed records of the confinement and
disposition of all animals held in custody and of all bite cases reported, and
the result of investigations of the same. The ACO shall maintain a telephone
log of all calls regarding animals and submit a monthly report summarizing
the log to the Hearing Authority.
88-5 Hearing Authority
88-5.1 Hearing Authority
The Hearing Authority shall be the Police Chief or his or her designee.
88-5.2 Right to Appeal
When the ACO has investigated a complaint regarding an animal's behavior
and has issued a finding or an order of Temporary Restraint with which either
the animal's keeper or owner or the complainant disagrees, then either party
may appeal by sending a written request to the Town Clerk within ten (10)
business days after issuance of the ACO's decision. Following the Clerk's
receipt of a written appeal, the Hearing Authority shall hold a public hearing
on the appeal.
88-5.3 Findings and Further Appeals
The Hearing Authority shall decide whether to uphold, reverse, or modify the
ACO's decision and shall mail its ruling to the animal owner, complainant,
and ACO.
88-5.4 Hearings
The Hearing Authority shall hold public hearings and make decisions on any
vicious dog declaration under Section 88-6.
88-5.5 Further Appeals
An appeal from a decision of the Hearing Authority may be made by either
the Owner or Complainant.
88-6 Vicious Dogs
88-6.1 Declaring a Dog Vicious
Any dog that, without provocation, bites a human being or kills or maims a
domestic animal without provocation may be declared vicious by the Hearing
Authority. An exception may be made for a puppy (animal under six (6)
months old) that draws blood, or for a dog that attacks or bites an
unaccompanied domestic animal on the dog keeper's property.
88-6.2 Procedure for Declaring a Vicious Dog
Upon the written complaint of the ACO, any other public safety agent, or
upon the written complaint of any person the Hearing Authority shall hold a
public hearing, after which it will determine whether it should declare a dog
vicious and, if so declared, what remedy is appropriate.
88-6.3 Exceptions
A dog shall not be declared vicious if the Hearing Authority determines any of
the following:
• The person's skin was not broken.
• The person who was bitten was willfully trespassing, committing a
crime, or attempting to commit a crime on the premises occupied by the
dog's keeper or owner.
• The dog was being teased, tormented, abused, or assaulted by the
injured person or animal prior to attacking or biting.
• The dog was protecting or defending a human being in its
immediate vicinity from attack or assault.
88-6.4 Remedies
Upon its finding that the dog is vicious, the Hearing Authority shall order one
of the following remedies; permanent restraint, destruction in accordance with
MSPCA guidelines, or any other remedy authorized by applicable law.
• Permanent Restraint Order is an order that the dog must at all times
while on its keeper's or owner's property be kept within the keeper's or
owner's house or a secure enclosure, The secure enclosure shall be a
minimum of five feet wide, ten feet long, and five feet in height, with a
horizontal top covering the entire enclosure; shall be constructed of not
less than nine (9) gauge chain link fencing; the floor shall be not less than
three (3) inches of poured concrete; with the bottom edge of fencing
embedded in the concrete; shall be posted with a clearly visible warning
sign including a warning symbol; must contain and provide protection
from the elements; and shall comply with all applicable building codes
and with the Zoning Bylaws of the Town of North Andover. In addition,
the keeper or owner of the dog shall annually provide proof to the Town
Clerk of a liability insurance policy of at least One Hundred Thousand
($100,000) Dollars for the benefit of the public safety; and whenever the
dog leaves its keeper's or owner's property, it must be muzzled and
restrained on a lead no longer than six feet or confined in an escape-proof
enclosure.
• Destruction is an order that the dog be destroyed in accordance
with MGL Chapter 140 and Massachusetts Society for the Prevention of
Cruelty of Animals guidelines.
88-7 Penalties
88-7.1 The owner, keeper and/or person otherwise in control of a dog shall be subject
to a fine for each violation of this chapter in the same calendar year as
follows:
a. For a violation of Section 88-3.2, Section 88-3.3.2, Section 88-3.3.3,
Section 88-3.3.4, Section 88-3.3.5, Section 88-3.3.6:
First offense: $25
Second offense: $50
Third and subsequent offense: $100
b. For a violation of Section 88-3.3.1, and Restraining Orders Issued under
Sections 88-4.2 or 88-6.4
First offense: $50
Second offense: $100
Third and subsequent offense: $150
c. For a violation of any other section:
First offense: $25
Second offense: $50
Third and subsequent offense: $100
In the case of a continuing offense, each day shall constitute a separate
violation.
88-7.2 Reimbursement of Costs
If the ACO confines a dog and the animal owner does not pay all fees directly
to the kennel or veterinary clinic, then the dog's keeper must reimburse the
Town of North Andover for any expenses incurred in boarding that dog. If
the dog has not been licensed, the keeper must obtain a license and pay any
applicable late fee before the dog can be released.
88-8 Miscellaneous
88-8.1 Enforcement
In addition to any other means of enforcement, the provisions of this bylaw
and the regulations adopted pursuant thereto may be enforced by non-criminal
disposition in accordance with the provisions of this bylaw, and MGL Chapter
40, §21D. The North Andover Police Chief or his designee, including the
Animal Control Officer, and any North Andover Police Officer shall have
authority to enforce the provisions of this chapter.
88-8.2 Orders of the ACO and Hearing Officer
Any orders of confinement, muzzling or disposition issued by the ACO or the
Hearing Officer may be in addition to the fines authorized by this chapter.
88-8.3 Non-Waiver of Statutory Remedies
The provisions of this chapter are intended to be in addition to and not in lieu
of those contained in MGL Chapter 140, §136A, et seq., as amended by
Chapter 193 of Legislative Acts of 2012; nothing contained in this chapter
shall deprive the Town from employing the remedies provided in those
sections, including but not limited to disposition of a dog found to be a
dangerous dog or nuisance dog, as provided in §157, as amended. To the
maximum extent possible, the provisions of this chapter shall be deemed to be
consistent with and/or supplementing those contained in MGL Chapter 140, as
provided in §136A, et sec., as amended.
Board of Selectmen
Article 7: Acceptance of a Public Way — Nutmeg Lane, Periwinkle Way, Thistle Road.
Unanimous vote to accept and name Nutmeg Lane, Periwinkle Way and Thistle Road as public
ways, as laid out by the Board of Selectmen, and as shown on the following plans: Plan entitled
"Street Layout Plan, Nutmeg Lane, North Andover, Massachusetts, Date: December 19, 2007,
Scale: 1" = 40', prepared for North Andover Land Corp.," by Hayes Engineering, Inc.,
Wakefield, MA; Plan entitled "Street Layout Plan, Periwinkle Way, North Andover,
Massachusetts, Date: December 19, 2007, Scale 1" = 40', prepared for North Andover Land
Corp.," by Hayes Engineering, Inc., Wakefield, MA and Plan entitled "Street Layout Plan,
Thistle Road, North Andover, Massachusetts, Date: December 19, 2007, Scale 1" = 40',
prepared for North Andover Land Corp.," by Hayes Engineering, Inc., Wakefield, MA, and to
accept deeds to the streets and all related easements shown on said plans.
Plannin g Board
Article 8: Acceptance of a Public Way — Empire Drive. Unanimous vote to accept and
name Empire Drive as a public way, as laid out by the Board of Selectmen, and as shown as
"Empire Drive" on a plan entitled, "Street Layout Plan of Empire Drive Located in No. Andover,
Mass. Scale 1" = 40'; Date January 1, 2014, Christiansen & Sergi Professional Engineers Land
Surveyors, 160 Summer St. Haverhill, MA 01830" and to accept deeds to the street and all
related easements shown on said Plans filed with the Essex County (Northern District) Registry
of Deeds of the Land Court on October 16, 2009 as Plan Number 18083E and on the above-
referenced Street Layout Plan.
Planning Board
Article 9: Acceptance of a Public Way — Woodlea Road. Unanimous vote to "Take No
Action" to accept and name Woodlea Road as a public way, as laid out by the Board of
Selectmen, and as shown as "Woodlea Road" on a plan entitled, "Street Layout Plan, Woodlea
Subdivision prepared for Ashwood Corporation, LLC, Scale 1" = 30'; Date April 5, 2013 revised
March 24, 2014, by Gateway Consultants" and to accept deeds to the street and all related
restrictions and easements, shown on the plan entitled "Special Permit and Definitive Plans
Woodlea Village" recorded as Plan No. 12873 and Plan No. 13263 at the North Essex Registry
of Deeds and on the above referenced Street Layout Plan.
Planning Board
Article 10: Transfer use of land located on Chickering Road and Prescott Street from
`school purposes' to `municipal use'. Two-third vote declared by the Moderator voted to
transfer the care, custody, control and management of certain property, from the School
Committee, currently held for school purposes, to the Board of Selectmen, for general municipal
purposes, being that portion of land located on Chickering Road and Prescott Street described in
an Order of Taking recorded with the Essex North Registry of Deeds, in Book 1170, Page 335,
and shown as "Lot A" on a sketch plan entitled "Central Fire Station High School Property,"
dated February 7, 2014, prepared by Sullivan Engineering, which sketch plan is on file with the
Town Clerk.
Article 11: Citizen's Petition — Petition the General Court — Age Exemption — William
Gregory Gordon — Police Officer. Two-third vote declared by the Moderator to Petition
the General Court to enact Legislation so that William Gregory Gordon shall be eligible to have
his name certified for original appointment to the position of police officer for the Town of North
Andover, notwithstanding his having reached the age of 32 before taking any civil service
examination in connection with that appointment. William Gregory Gordon shall be eligible for
appointment to the position of police officer in the Town of North Andover if he otherwise
qualifies and is selected for appointment under Chapter 31 of the General Laws, any regulations
of the civil service commission, and any lawful hiring practices for the Town of North Andover.
Petition of William G. Gordon, et al
Article 12: Citizen's Petition — Petition the General Court — Age Exemption — Albert P.
Manzi, III — Police Officer. Two-third vote declared by the Moderator to Petition the
General Court to enact Legislation so that Albert P. Manzi, III shall be eligible to have his name
certified for original appointment to the position of police officer for the Town of North
Andover, notwithstanding his having reached the age of 32 before taking any civil service
examination in connection with that appointment. Albert P. Manzi, III shall be eligible for
appointment to the position of police officer in the Town of North Andover if he otherwise
qualifies and is selected for appointment under Chapter 31 of the General Laws, any regulations
of the civil service commission, and any lawful hiring practices for the Town of North Andover.
Petition of Albert P. Manzi, III, et al
Article 13: Citizen's Petition — A Resolution to Support Passage of a Constitutional
Amendment Providing That Only Human Beings Have Constitutional Rights. Voted to
instruct our Senators and Congressional representatives to support a Constitutional amendment
to clarify that corporations and other entities created by law do not have the same rights as
human beings.
WHEREAS, the first amendment to the United States Constitution was designed to protect the
free speech rights of human beings, not entities created by law;
WHEREAS, corporations are not mentioned in the Constitution and The People have never
granted Constitutional rights to corporations, unions and non-profits;
WHEREAS, the United States Supreme Court's ruling in Citizen United v. Federal Election
Commission overturned longstanding precedent prohibiting corporations from spending their
general treasury funds to influence elections;
WHEREAS, the above-mentioned Supreme Court ruling has unleashed unprecedented spending
by corporations to influence elections, as occurred in the elections of November 2012 and in
gubernatorial elections and special Congressional elections since then;
WHEREAS, the impact of that ruling will be felt at the local, state and federal level as big
campaign donors seek to dominate policy making; and
WHEREAS, Article V of the United States Constitution empowers and obligates The People of
the United States to use the constitutional amendment process to correct wrong decisions of the
United States Supreme Court;
NOW THEREFORE, BE IT RESOLVED that the citizens of North Andover, Massachusetts
hereby instruct the Senators and members of Congress representing North Andover to propose
and/or support an amendment to the United States Constitution making it clear that corporations,
unions and non-profit entities, since they are created by law, are not entitled to the constitutional
rights of human beings.
Voted May 20, 2014 YES 176 NO 43
Petition of Frederick Nothnagel, et al
Article 14: Citizen's Petition — To `amend' Article 6, By-Law 112-2.4 approved by Town
Meeting on May 21, 2013, and to amend the Board of Selectmen's Regulations approved
pursuant to said Article 6, By-Law 112-2.4, whereby the Board of Selectmen is authorized
to regulate mobile food vendors. Majority vote that said By-Law be amended such that the
provisions of said By-Law and Regulations with respect to Public Vending locations and parking
shall not apply to any mobile food vendor who was licensed as of May 21, 2013, and who
currently holds a valid Mobile Food Truck license in North Andover, but shall apply to any
change or substantial extension of such license or change in the nature of the activities of the
mobile food vendor carried out thereunder when such change results in a substantially different
purpose or for the same purpose in a substantially different manner or to a substantially different
extent that was set forth in the original application pursuant to which said Mobile Food Truck
was granted.
Petition of Nadine Levin, et al
Approved By Attorney General September 3, 2014—Posted September 8, 2014
Article 15: 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 Chapter 41, §108 of
the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $5,000
Chairman of Board of Selectmen,per annum, in addition $500
School Committee,per person,per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Board of Selectmen
Article 16: Continue and Approve Revolving 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, 2014:
Board of Selectmen
Article 17: 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,
Board of Selectmen
Article 18: Amend Capital Improvement Plan Appropriations from a Prior Year. Unanimous
vote to amend the vote under Article 27 of the warrant for the June 2011 Annual Town Meeting, "Capital
Improvement Plan Appropriation Fiscal Year 2012," to provide that the appropriation under Line 12,
"Atkinson School Window Replacement," as amended by a vote under Article 24 of the June 2012
Annual Town Meeting, is hereby increased by $42,515.85, and that to meet this additional appropriation,
unexpended bond proceeds in the following amounts from the following articles shall be transferred, said
sums representing amounts not needed for the completion of the projects for which they were originally
borrowed,which projects are complete and for which no liability remains,
Amount Project Date/Article Number Date of Bonds
$25,536.45 Middle School Roof 06/07/2011,Art. 27, Line 4 06/24/2013
Replacement
as amended by 1115/11,Art. 1
$16,979.40 Sargent School Roof 06/07/2011,Art.27,Line 11 05/17/2012
Replacement
as amended by 11/5/11,Art. 1
ARTICLE 19
Unanimous vote to raise and appropriate funds for Fiscal Year 2015 as presented under the
column titled "Board of Selectmen & Finance Committee & Town Manager Recommend"
General Government $ 2,336,445
Public Safety $ 9,982,596
Education $ 42,312,661
Snow and Ice Removal $ 875,000
All Other Public Works $ 3,446,636
Health and Human Services $ 192219135
Culture and Recreation $ 942,646
Support Services $ 19704,357
Debt Service $ 5,876,612
Employee Benefits $ 14,819,472
Liability Insurance $ 422,925
Regional Schools $ 293,066
for a total appropriation of $84,231,551 and to further appropriate $165,000 for Deficit
(Snow and Ice) reserve and to transfer to the General Fund from Special Revenue— GLSD
$143,103, and from Special Revenue — Community Programs $61,350, for a total of
$204,453.
Article 20: Appropriation — Water Enterprise Fund for Fiscal Year 2015. Unanimous
vote to appropriate the amount of$5,592,600 in aggregate, for the purpose listed under column
"FY15 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the
Fiscal Year beginning July 1, 2014 and ending June 30, 2015; without regards to individual line
items, and to operate the Water Enterprise Fund, that $5,592,600 be raised from Water receipts
and from these receipts $900,710 be transferred to the General Fund for indirect cost and
$600,000 to Capital Projects:
Board of Selectmen
Article 21: Appropriation— Sewer Enterprise Fund for Fiscal Year 2015. Unanimous vote
to appropriate the amount of $4,718,451 in aggregate, for the purpose listed under the column
"FYI5 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the
Fiscal Year beginning July 1, 2014 and ending June 30, 2015; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $4,718,451 be raised from sewer receipts
and from these receipts $423,863 be transferred to the General Fund for indirect expenses:
Board of Selectmen
Article 22: Appropriation — Stevens Estate Enterprise Fund for Fiscal Year 2015.
Unanimous vote to appropriate the amount of $292,719 in aggregate, for the purpose listed
under the column "FY15 Recommendation: Town Manager, Board of Selectmen, Finance
Committee" for the Fiscal Year beginning July 1, 2014 and ending June 30, 2015; without
regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund
that $292,719 be raised from Stevens Estate at Osgood Hill Fund and from these receipts
$47,622 be transferred to the General Fund for indirect expenses,
Board of Selectmen
Article 23: Appropriation—Capital Improvement Plan for Fiscal Year 2015. 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 24: 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 24; and, with
regard to the appropriation of the $570,000 for the Old Center Preservation Project, to authorize
an expenditure not to exceed $570,000 for the purchase of a conservation restriction or other
interest from Center Realty Trust or its nominee, in three parcels of land, shown as Lot 1, Lot 2
and Lot 3 on the Plan of Land submitted to the Community Preservation Committee, which
three parcels of land are a portion of the parcels of land described in deeds recorded with North
Essex Registry of Deeds in Book 2073, Page 40 and Book 890, Page 349, and which are a
portion of the parcels known as Assessor's Map 59, Parcel 1, Assessor's Map 96, Parcel 26, and
Assessor's Map 96, Parcel 33, 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 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, 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; and, with regard to the other appropriations listed in said Article
24, that the Town Manager and Board of Selectmen be authorized to enter into all agreements
and execute all instruments, including but not limited to deeds, easements, and restrictions in
accordance with Massachusetts General Laws Chapter 184, 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
McEvoy Field—Phase 2 $ 290,000 Open Space- Recreation
Stevens Estate— Stained Glass
Window Refurbishment $ 25,120 Historical Preservation
Multi-Use Trail—Phase 1 $ 176,000 Open Space- Recreation
Sargent School Playground $ 92,260 Open Space- Recreation
Old Center Preservation Project $ 570,000 Open Space/
Historical Preservation
Nan's Trail $ 68,435 Open Space
Reserve for Affordable Housing $ 196,600 Affordable Housing
Administrative Costs $ 30,000 Administrative and
Operating Expenses
Total for Approved Projects $19448,415
Community Preservation Committee
Article 25: Establish OPEB Stabilization Fund. Unanimous vote to create an Other Post-
Employment Benefits (OPEB) Stabilization Fund for the purpose of funding costs and liabilities
associated with municipal health insurance benefits provided to retired town and school
employees, as authorized by Chapter 40, §513 of the General Laws, as amended,
Town Manager
Article 26: Transfer of Funds from Health Insurance Trust Fund to OPEB Stabilization
Fund. Unanimous vote to transfer from the Health Insurance Trust Fund to the OPEB
Stabilization Fund a sum of$1,000,000.
Town Manager
Article 27: Transfer to Capital Stabilization. Unanimous vote to transfer $213,000 from
available funds or free cash into the Capital Stabilization Fund.
Town Manager
Article 28: Transfer to Stabilization. Unanimous vote to transfer $625,000 from available
funds or free cash into the Stabilization Fund.
Town Manager
Article 29: Citizen's Petition — Authorization to Acquire Berry Street Property consisting
of approximately 26 acres of land and building, including a home built in 1824, an historic
cemetery dating back to the mid 1700's, land for conservation and as a location for a
critically needed out-country fire station and to fund said acquisition by issuance of Bonds
and /or Notes, Appropriations, Grants, including Community Preservation Act funds, and
from other sources as may be determined by the Board of Selectmen and in an amount not
to exceed two million five hundred thousand dollars ($2,500,000), without further Town
Meeting approval. Unanimous vote to "Take No Action" to authorize the Board of Selectmen
to acquire by purchase, lease, gift, grant, eminent domain, or otherwise two parcels of land and
buildings thereon, if any, of which, as approximately 8.7 acres of land and buildings recorded as
being owned as of February 28, 2014 by North Andover Holdings, LLC, and approximately 17
acres of land and buildings recorded as being owned as of February 28, 2014 by Berry Street
Trust, u/d/t dated August 7, 1981 recorded with the Essex North Registry of Deeds (the Registry)
at Book 1524, page 97, as amended by Trustee's Certification and First Amendment to Berry
Street Trust, dated May 9, 2006, and recorded with the Registry at Book 10177, Page 74 and
further amended by Trustee's Certificate and Second Amendment, dated December 16, 2009,
and recorded with the Registry at Book 11882, Page 180, all of which is described as follows and
to fund said acquisition by issuance of Bonds and/or Notes, Appropriations, Grants, including
Community Preservation Act funds, and from other sources, as may be determined by the Board
of Selectmen and in an amount not to exceed two million five hundred thousand dollars
($2,500,000), without further Town Meeting approval.
Property Description
The fee simple estate in and to the land in North Andover, Essex County, Commonwealth of
Massachusetts, together with the buildings and improvements thereon, on the northeasterly side
of Turnpike Street and Northerly side of Berry Street, and being shown as Lots 1-9 inclusive,
Parcel A and Parcel B, and Lot 12 on a plan of land entitled "Definitive Subdivision Plan,
Framar Way, off Berry Street, North Andover, MA, Date: August 2011, Prepared for: Margaret
Fiore, Goldsmith, Prest & Ringwall, Inc., Engineers and Surveyors", which said plan is recorded
with the Essex North District Registry of Deeds as Plan No. 16683.
Together containing 25,702 acres, more or less, and all of said boundaries being shown on said
Plan No. 16683 hereby attached in two formats.
Excepting therefrom the following, viz.
• Such rights, if any, as the inhabitants of the town may have in and to certain portions of
the premises to be used by them as a burial place, said burial lot containing
approximately 7,500 square feet, and being shown on said plan;
• Land along Turnpike Street, also known as Salem Turnpike, released to the Middleton
and Danvers Railroad by release dated September 20, 1901, recorded with said Registry
at Book 191, Page 220; and
• That portion of the premises taken by the Commonwealth of Massachusetts for highway
purpose, along Turnpike Street, said taking being recorded with Registry at Book 689,
Page 281, and shown on Plan No. 1638 in said Registry.
For title to the above premises, see deed recorded at Book 1524, Page 103, and at Book 12923,
Page 102 in said Registry of Deeds,
Petition of Robert Ercolini, et al
Article 30: Amend Zoning Bylaw — Section 8: Supplementary Regulations by replacing
Subsection 8.11: Wind Facilities. Unanimous vote to amend the Town of North Andover
Zoning Bylaw,by replacing Section 8.11 Wind Facilities with the following,
Section 8.11 Wind Facilities
8.11.1 Purpose
• The purpose of this bylaw is to provide standards for the placement, design, construction,
operation, monitoring, modification and removal of wind facilities that address public
safety, minimize impacts on scenic, natural and historic resources and to provide
adequate financial assurance for the eventual decommissioning of such facilities.
• The provisions set forth in this bylaw shall take precedence over all other bylaws when
considering applications related to the construction, operation, and/or repair of land-
based wind facilities.
• No wind facilities shall be placed, constructed or modified within the Town without first
obtaining approval from the Special Permit Granting Authority (SPGA). The Planning
Board shall be the Special Permit Granting Authority for the issuance of a Special Permit
to allow the placement, construction and modification of wind facilities within the town.
This bylaw is intended to be used in conjunction with other regulations adopted by the
Town, and other zoning and general bylaws designed to encourage appropriate land use,
environmental protection, preservation of the rural character, and the provision of
adequate infrastructure development in North Andover.
• Applicability
This section applies to all utility-scale and on-site wind facilities proposed to be constructed after
the effective date of this section. This section also pertains to physical modifications to existing
wind facilities that materially alter the type, configuration, location or size of such facilities or
related equipment.
• Definitions
• Critical Electric Infrastructure (CEI): electric utility transmission and distribution
infrastructure, including but not limited to substations, transmission towers, transmission
and distribution poles, supporting structures, guy-wires, cables, lines and conductors
operating at voltages of 13.8 kV and above and associated telecommunications
infrastructure. CEI also includes all infrastructure defined by any federal regulatory
agency or body as transmission facilities on which faults or disturbances can have a
significant adverse impact outside of the local area, and transmission lines and associated
equipment generally operated at voltages of 100 kV or higher, and transmission facilities
which are deemed critical for nuclear generating facilities.
• Height: The height of a wind facility measured from natural grade to the tip of the rotor
blade at its highest point, or blade-tip height. This measure is also commonly referred to
as the maximum tip height(MTH).
• Wind Facility: All of the equipment, machinery and structures together utilized to convert
wind to electricity. This includes, but is not limited to, developer-owned electrical
equipment, storage, collection and supply equipment, service and access roads, and one
or more wind facilities.
• Wind Monitoring or Meteorological Tower: A temporary tower equipped with devices to
measure wind speed and direction, to determine how much electricity a wind facility can
be expected to generate.
• Application Procedures
• The construction and operation of all such proposed wind facilities shall be consistent
with all applicable local, state and federal requirements, including but not limited to all
applicable safety, construction, environmental, electrical, communications and aviation
requirements.
• A Special Permit for the construction of wind facilities designed to service the principal
use may be granted by the Planning Board in all zoning districts subject to the following
requirements and the Special Permit provisions of Section 10.3.
• All plans and maps shall be prepared, stamped and signed by a professional engineer
licensed to practice in Massachusetts.
• The application shall contain the following documents:
• A site plan showing the following information:
• Property lines and physical dimensions of the site parcel and adjacent parcels
within 500 feet of the site parcel;
• Outline of all existing buildings, including purpose (e.g. residence, garage, etc.)
on site parcel and all adjacent parcels within 500 feet of the site parcel,
including distances from the wind facility to each building shown;
• Location of the proposed tower, foundations, guy anchors, access roads, and
associated equipment;
• Zoning designation for the parcel;
• Location of all existing and proposed roads, both public and private, and
including temporary roads or driveways, on the site parcel and adjacent parcels
within 500 feet of the site parcel;
• Location of all existing above ground or overhead gas or electric infrastructure,
including Critical Electric Infrastructure, and utility rights of way (ROW) and
easements, whether fully cleared of vegetation or only partially cleared, within
500 feet of the site parcel;
• Existing areas of tree cover, including average height of trees, on the site parcel
and any adjacent parcels within a distance, measured from the wind facility
foundation, of 3.0 times the MTH;
• Location of all wetlands on the parcel;
• Proposed changes to the landscape of the site, grading, vegetation clearing and
planting, exterior lighting (other than FAA lights), screening vegetation or
structures;
• Documentation of the wind facility's manufacturer and model, rotor diameter, tower
height, tower type (freestanding or guyed), and foundation type/dimensions;
• Name, address, phone number and signature of the applicant, as well as all co-
applicants or property owners, if any;
• The name, contact information and signature of any agents representing the applicant;
• A operations and maintenance plan for the wind facility;
• A construction plan indicating manufacturer's specifications for the tower materials,
construction details and details for footing and guying.
• A statement that evidences the wind facility's conformance with Section 9.c., listing
existing ambient sound levels at the site and maximum projected sound levels from
the wind facility;
• Waivers
Documentation requirements may be waived at the discretion of the Planning Board.
• Site Control
The applicant shall submit documentation of actual or prospective access and control of the
project site sufficient to allow for installation and operation of the proposed wind facility.
Control shall include the legal authority to prevent the use or construction of any structure for
human habitation, or inconsistent or interfering use, within the setback areas.
• Temporary Meteorological Towers (MET Towers)
A building permit shall be required for stand-alone temporary met towers. A Special Permit
shall not be required for MET towers. MET towers shall not be located within setback distance
from the sideline of any utility ROW.
• Design Requirements
• No tower inclusive of its appurtenant device(s) shall exceed 150 feet in height nor be
erected nearer to any property line than a distance equal to ten (10) times the blade
diameter, unless the Board determines such restriction to be unnecessary due to the
shape, topography, use or ownership of the abutting property and the Board determines
that a reduction to this setback requirement will not substantially derogate from the intent
or purpose of this subsection.
• Wind facilities shall be lighted only if required by the FAA. Lighting of other parts of the
wind facility, such as appurtenant structures, shall be limited to that required for safety
and operational purposes, and shall be reasonably shielded from abutting properties.
Except as required by the FAA, lighting of the wind facility shall be directed downward
and shall incorporate full cut-off fixtures to reduce light pollution.
• Signs on wind facilities shall comply with the Town's sign by-law. The following signs
shall be required:
• Those necessary to identify the owner, provide a 24-hour emergency contact phone
number, and warn of any danger.
• Educational signs providing information about the facility and the benefits of
renewable energy.
• Wind facilities shall be erected in such a manner to inhibit unauthorized access, either in
the form of a suitable locked gate and fence surrounding the base of the tower, a non-
climbable section of tower to a height of 10 feet above the ground or other means
determined suitable by the Board.
• Reasonable efforts, as determined by the Special Permit Granting Authority, shall be
made to place all developer-owned utility connections from the wind facility
underground, depending on appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. Utility owned electrical equipment required
for utility interconnections may be above ground, if required by the utility provider.
• All appurtenant structures to wind facilities shall be subject to applicable regulations
concerning the bulk and height of structures, lot area, setbacks, open space, parking and
building coverage requirements. All such appurtenant structures, including but not
limited to, equipment shelters, storage facilities, transformers, and substations, shall be
architecturally compatible with each other and contained within the wind facility tower
whenever technically and economically feasible. Whenever reasonable, structures should
be shaded from view by vegetation and/or located in an underground vault and joined or
clustered to avoid adverse visual impacts.
• A wind facility may not be sited within:
• a distance equal to ten (10) times the blade diameter of the wind facility from
buildings, critical infrastructureincluding Critical Electric Infrastructure and above-
ground natural gas distribution infrastructure--or private or public ways that are not
part of the wind facility;
• a distance equal to ten (10) times the blade diameter of the wind facility from the
nearest existing residential or commercial structure.
• Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts.
The applicant has the burden of proving that this effect does not have significant adverse
impact on neighboring or adjacent uses.
• Operations
• The applicant shall maintain the wind facility in good condition. Maintenance shall
include, but not be limited to, painting, structural repairs, emergency braking (stopping)
and integrity of security measures. Site access shall be maintained to a level acceptable to
the local Fire Chief and Emergency Medical Services. The project owner shall be
responsible for the cost of maintaining the wind facility and any access road(s), unless
accepted as a public way.
• The operation of any facility authorized by the Board shall not cause interference to
neighboring television and radio reception, and, if such occurs any time after installation,
the applicant shall, in a timely manner and at his expense, correct the cause of the
interference as determined by a qualified engineer/technician.
• The operation of the wind facility shall not exceed thirty (30) dB as measured at the
applicant's property lines, and, if such excess noise occurs any time after installation, the
applicant shall, in a timely manner and at his expense, correct the cause of the noise as
determined by a qualified engineer/technician.
• The applicant shall maintain the facility and all devices authorized by the Board in a
manner that ensures its continued performance and safety. It shall be the responsibility of
the applicant to annually inform (in writing) the Inspector of Buildings that the tower and
all devices are in good operating condition and in continued use.
• The applicant shall provide a copy of the project summary, electrical schematic, and site
plan to the police and fire departments, and/or the local emergency services entity
designated by the local government, as well as the local electrical utility company. Upon
request the applicant shall cooperate with local emergency services in developing an
emergency response plan. All means of disconnecting the wind facility shall be clearly
marked. The applicant or facility owner shall identify a responsible person for public
inquiries or complaints throughout the life of the project.
• Wind facilities shall be designed to prevent unauthorized access. For instance, the towers
of wind shall be designed and installed so that step bolts or other climbing features are
not readily accessible to the public and so that step bolts or other climbing features are
not installed below the level of 8 feet above the ground. Electrical equipment shall be
locked where possible.
• Clearing of natural vegetation shall be limited to that which is necessary for the
construction, operation and maintenance of the wind facility or otherwise prescribed by
applicable laws, regulations, and bylaws, and subject to existing easements, restrictions
and conditions of record.
• Modifications
All material modifications to a wind facility made after issuance of the required building
permit shall require approval by the Special Permit Granting Authority.
• Removal Requirements
Any wind facility which has reached the end of its useful life or has been abandoned shall be
removed. The owner/operator shall physically remove the facility no more than 150 days after
the date of discontinued operations. The applicant shall notify the Special Permit Granting
Authority by certified mail of the proposed date of discontinued operations and plans for
removal. Decommissioning shall consist of:
• Physical removal of all wind facilities, structures, equipment, security barriers and
transmission lines from the site.
• Disposal of all solid and hazardous waste in accordance with local, state, and federal
waste disposal regulations.
• Stabilization or re-vegetation of the site as necessary to minimize erosion. The Special
Permit Granting Authority may allow the owner to leave landscaping or designated
below-grade foundations in order to minimize erosion and disruption to vegetation.
• Applicants for utility-scale wind facilities shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal or failure to maintain, in
the event the town must maintain or remove the facility and remediate the landscape, in
an amount and form determined to be reasonable by the Special Permit Granting
Authority, but in no event to exceed more than 125 percent of the cost of removal and
compliance with the additional requirements set forth herein, as determined by the
applicant. Such surety will not be required for municipally or state- owned facilities. The
applicant shall submit a fully inclusive estimate of the costs associated with removal,
prepared by a qualified engineer. The amount shall include a mechanism for calculating
increased removal costs due to inflation.
• Abandonment
Absent notice of a proposed date of decommissioning or written note of extenuating
circumstances, the wind facility shall be considered abandoned when the facility fails to operate
for more than one year without the written consent of the Special Permit Granting Authority. If
the applicant fails to remove the facility in accordance with the requirements of this section
within 150 days of abandonment or the proposed date of decommissioning, the town may enter
the property and physically remove the facility.
Planning Board
Article 31: Amend Zoning Bylaw — Section 8: Supplementary Reaulations by replacing
Subsection 8.12: Medical Marijuana Treatment Facilities. Unanimous vote to amend the
Town of North Andover Zoning Bylaw, by replacing Section 8.12 Medical Marijuana Treatment
Center with the following,
or to take any other action relative thereto.
Section 8.12 Medical Marijuana Overlay District
• Establishment: The Medical Marijuana Overlay District ("MMOD") is established as
an overlay district. The boundaries of the MMOD are shown on the Zoning Map on file
with the Town Clerk and are described below. Within the MMOD, all requirements of
the underlying district(s) remain in effect, except where these regulations provide an
alternative to such requirements. Land within the MDOD may be used either for (1) a
Registered Marijuana Dispensary ("RMD"), in which case the requirements set forth in
this section shall apply; or (2) a use allowed in the underlying district, in which case the
requirements of the underlying district shall apply. If the provisions of the MMOD are
silent on a zoning regulation, the requirements of the underlying district shall apply. If
the provisions of the MMOD conflict with the requirements of the underlying district,
the requirements of the MMOD shall control.
• Purpose: To provide for the placement of RMDs, in accordance with the Humanitarian
Medical Use of Marijuana Act, M.G.L. c.94C, App. §1-1, et seq., in locations suitable
for lawful medical marijuana facilities and to minimize adverse impacts of RMDs on
adjacent properties, residential neighborhoods, historic districts, schools, playgrounds
and other locations where minors congregate by regulating the siting, design,
placement, security, and removal of RMDs.
• Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include
the following parcels as identified on the FY 2014 Assessor's Zoning Map: Map 77
Parcels 3, 12, 13, 14, & 17.
• Definitions: where not expressly defined in the Zoning Bylaws, terms used in the
MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of
Marijuana Act, M.G.L. c.94C, App. §1-1, et seq. and the Department of Public Health
Regulations promulgated thereunder, 105 CMR 725.001, et seq., and otherwise by their
plain language.
Registered Marijuana Dispensary: also known as a Medical Marijuana Treatment
Center, means a not-for-profit entity registered under 105 CMR 725.100, that acquires,
cultivates, possesses, processes (including development of related products such as
edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to registered qualifying
patients or their personal caregivers. Unless otherwise specified, RMD refers to the
site(s) of dispensing, cultivation,preparation, sale and distribution of marijuana.
• Location:
• RMDs may be permitted in the MMOD pursuant to a Special Permit.
• RMDs may not be located within 500 feet of the following:
• School, including a public or private elementary, vocational, or secondary
school or a public or private college,junior college, or university;
• Child Care Facility;
• Library;
• Playground;
• Public Park;
• Youth center;
• Public swimming pool;
• Video arcade facility; or
• Similar facility in which minors commonly congregate.
• The distance under this section is measured in a straight line from the nearest point
of the property line of the protected uses identified in Section 8.12.5 (2). to the
nearest point of the property line of the proposed RMD.
• Procedure:
• The Planning Board shall be the Special Permit Granting Authority (SPGA) for a
RMD special permit.
• The minimum lot size for the location of an RMS within the Overlay District is one
acre.
• Application: In addition to the materials required under Section 10.3 the applicant
shall include:
• The name and address of each owner of the facility/operation;
• Evidence that the Applicant has site control and the right to use the site for a
facility in the form of a deed or valid purchase and sale agreement, or, in the
case of a lease, a notarized statement from the property owner and a copy of the
lease agreement;
• A copy of its registration as an RMD from the Massachusetts Department of
Public Health ("DPH");
• A detailed floor plan of the premises of the proposed RMD that identifies the
square footage available and describes the functional areas of the RMD,
including areas for any preparation of MIPs;
• Detailed site plans that include the following information:
• Compliance with the requirements for parking and loading spaces, for lot
size, frontage, yards and heights and coverage of buildings, and all other
provisions of this Bylaw;
• Convenience and safety of vehicular and pedestrian movement off the site,
if vehicular and pedestrian traffic off-site can reasonably be expected be
substantially affected by on-site changes;
• Adequacy as to the arrangement and the number of parking and loading
spaces in relation to the proposed use of the premises, including
designated parking for home delivery vehicle(s), as applicable;
• Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping; and
• Adequacy of water supply, surface and subsurface drainage and light.
• A description of the security measures, including employee security
policies, approved by DPH for the RMD;
• A copy of the emergency procedures approved by DPH for the RMD;
• A copy of the policies and procedures for patient or personal caregiver
home-delivery approved by DPH for the RMD;
• A copy of the policies and procedures for the transfer, acquisition, or sale
of marijuana between RMDs approved by DPH;
• A copy of proposed waste disposal procedures; and
• A description of any waivers from DPH regulations issued for the RMD.
• The SPGR shall refer copies of the application to the Building Department, Fire
Department, Police Department, Board of Health, the Conservation Commission,
and the Department of Public Works. These boards/departments shall review the
application and shall submit their written recommendations. Failure to make
recommendations within 35 days of referral of the application shall be deemed lack
of opposition.
• After notice and public hearing and consideration of application materials,
consultant reviews, public comments, and the recommendations of other town
boards and departments, the SPGA may act upon such a permit.
• Special Permit Conditions on RMDs: The SPGA shall impose conditions
reasonably appropriate to improve site design, traffic flow, public safety, protect
water quality, air quality, and significant environmental resources, preserve the
character of the surrounding area and otherwise serve the purpose of this section. In
addition to any specific conditions applicable to the applicant's RMD, the SPGA
shall include the following conditions in any special permit granted under this
Bylaw:
• The hours of operation shall be set by the Special Permit Granting Authority,
but in no event shall a facility be open to the public, nor shall any sale or other
distribution of marijuana occur upon the premises or via delivery from the
premises, between the hours of 8:00 p.m. and 8:00 a.m.
• No Medical Marijuana Facility shall have a gross floor area of less than 2,500
square feet or in excess of 20,000 square feet.
• An RMD shall not be located in buildings that contain any medical doctor
offices or the offices of any other professional practitioner authorized to
prescribe the use of medical marijuana.
• No smoking, burning or consumption of any product containing marijuana or
marijuana-related products shall be permitted on the premises of an RMD.
• Signage for the RMD shall include the following language: "Registration card
issued by the MA Department of Public Health required." The required text
shall be a minimum of two inches in height.
• All aspects of an RMD relative to the acquisition, cultivation, possession,
processing, sales, distribution, dispensing, or administration of marijuana,
products containing marijuana, related supplies, or educational materials must
take place at a fixed location within a fully enclosed building and shall not be
visible from the exterior of the business.
• Ventilation— all facilities shall be ventilated in such a manner that:
• No pesticides, insecticides or other chemicals or products used in the
cultivation or processing are dispersed into the outside atmosphere; and
• No odor from marijuana or its processing can be detected by a person with
an unimpaired and otherwise normal sense of smell at the exterior of the
MMD or at any adjoining use or property.
• The permit holder shall file a copy of any Incident Report required under 105
CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24
hours of creation by the RMD. Such reports may be redacted as necessary to
comply with any applicable state or federal laws and regulations.
• All Special Permit holders for uses under this section shall provide the Police
Department, Fire Department, Building Commissioner, Board of Health, and
Special Permit Granting Authority with the names, phone numbers, mailing and
email addresses of all management staff and key-holders, including a minimum
of two (2) operators or managers of the facilities identified as designated contact
persons to whom notice should be made if there are operating problems
associated with any use under this section. All such contact information shall
be updated as needed to keep it current and accurate.
• The permit holder shall file a copy of any summary cease and desist order, cease
and desist order, quarantine order, summary suspension order, order limiting
sales, notice of a hearing, or final action issued by DPH or the Division of
Administrative Law Appeals, as applicable, regarding the RMD with the Zoning
Enforcement Officer and SPGA within 48 hours of receipt by the RMD.
• The special permit shall lapse upon the expiration or termination of the
applicant's registration by DPH.
• The permit holder shall notify the Zoning Enforcement Officer and SPGA in
writing within 48 hours of the cessation of operation of the RMD or the
expiration or termination of the permit holder's registration with DPH.
• Prohibition Against Nuisances: No use shall be allowed in the RMD which creates a
nuisance to abutters or to the surrounding area, or which creates any hazard, including
but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors,
offensive noise or vibration, flashes, glare, objectionable effluent or electrical
interference, which may impair the normal use and peaceful enjoyment of any property,
structure or dwelling in the area.
• Annual Reporting: Each RMD permitted under this Bylaw shall, as a condition of its
special permit, file an annual report to and appear before the Special Pen-nit Granting
Authority and the Town Clerk no later than January 31", providing a copy of all
applicable state licenses for the Facility and/or its owners and demonstrate continued
compliance with the conditions of the Special Permit.
• The special permit shall be limited to the current applicant and shall lapse if the permit
holder ceases operating the RMD.
8.12.10 Severability: The provisions of this Bylaw are severable. If any provision, paragraph,
sentence, or clause of this Bylaw or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or application of this Bylaw.
Planning Board
Article 32: Amend Zoning Map — Medical Marijuana Treatment Facilities Overlay
District. Unanimous vote to amend the Zoning Map for the Town of North Andover to rezone
the following parcels, as identified on the 2014 Assessor's Map: Map 77 Parcels 3, 12, 13, 14 &
17, to allow for the installation and operation of Medical Marijuana Dispensaries, as described in
the Zoning Bylaw— Section 8.12 Medical Marijuana Overlay District,
Map 77 Parcel 13
Northerly 100' +/-by Holt Road
Easterly 370' +/- by Lot 4
Southerly 130' +/- by Parcel 3
Westerly 400' +/-by Clark Street
Map 77 Parcel 14
Northerly 245' +- by Holt Road
Easterly 330' +/- by Lot 3
Southerly 250"+/-by Parcel 3
Westerly 370' +/- by Lot 7
Map 77 Parcel 3
Northerly by 410' +/- by Lots 3, 4, and 7
Easterly 250' +/- by City of Lawrence Airport Commission
Southerly 465 +/- by City of Lawrence Airport Commission
Westerly 460' +/- by Clark Street
Map 77 Parcel 12 (3 sided lot)
Northerly 410"+/- by Parcel 17
Easterly 270' +/- by Clark Street
Southerly 285' +/- by City of Lawrence Airport Commission
Map 77 Parcel 17
Northerly 120' +/- by City of Lawrence Airport Commission
Easterly 210" +/- by Clark Street
Southerly 410"+/- by Parcel 12
Westerly 590'+\-by City of Lawrence Airport Commission
Planning Board
Article 33: Amend Zoning Bylaw — Section 18: Downtown Overlay District. Unanimous
vote to amend the Town of North Andover Zoning Bylaw, Section 18 — Downtown Overlay
District, in the following manner:
Section 18 Downtown Overlay District
Section 18.1 Location and Applicability: Amend the first sentence in the second paragraph to
read, "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."
Section 18.2 Permitted Uses: Add the following uses to the list of uses allowed:
22. All uses allowed by right in the underlying zoning districts are allowed.
Add the following uses to the list of uses allow allowed by Special Permit:
10. All uses allowed in the underlying zoning district by Special Permit are allowed by
Special Permit issued by the Planning Board
Add Section 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.
Add Section 18.8 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 pursuant to 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 provision of Section 18 shall govern, unless waived by the
Planning Board, in accordance with Section 18.7.
Planning Board
Section 18 as amended to read as follows:
Section 18 Downtown Overlay District
18.0 Purpose.
Downtown zoning is the creation of a specific zoning overlay district for the unique needs of
small mixed use commercial areas; to provide goods, services and housing in a more compact
environment; to encourage redevelopment; and, to create a vibrant, walkable, pedestrian- and
bicycle-friendly environment. The Downtown Overlay District seeks to preserve and enhance the
existing mixed uses of downtown North Andover.
It is hereby declared to be the intent of the Downtown Overlay District to establish reasonable
standards that permit and control mixed residential, commercial, governmental, institutional, and
office uses in the Town of North Andover. Furthermore, it is the intent of this district to:
1. Encourage a diverse mix of residential, business, commercial, office, governmental,
institutional and entertainment uses for workers, visitors, and residents.
2. Encourage mixed uses within the same structure.
3. Encourage first floor retail space
4. Encourage a pedestrian and bicycle friendly environment so that commercial
enterprises and consumer services do not rely on automobile traffic to bring
consumers into the area.
5. Permit uses that promote conversion of existing buildings in a manner that maintains
and enhances the visual character and architectural scale of existing development
within the district.
6. Minimize visual and functional conflicts between residential and nonresidential uses
within and abutting the district.
7. Allow for more compact development than may be perinitted in other zoning districts
to reduce the impacts of sprawl.
8. Encourage consolidation of curb cuts for vehicular access and promote more efficient
and economical parking facilities.
9. Encourage uses that minimize noise and congestion.
10. Allow for an appropriate density of land uses and people to support a vibrant
downtown.
This bylaw is intended to be used in conjunction with the existing zoning and other regulations
as adopted by the town, including historic district regulations, design guidelines, and other local
bylaws designed to encourage appropriate and consistent patterns of village development.
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. An application for the Downtown Overlay 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.
18.2 Permitted Uses
The following uses shall be permitted by right in the Downtown Overlay District:
1. General merchandise retail stores and salesrooms
2. Specialty food stores, retail bakeries and coffees shops
3. Sporting goods stores
4. Craft,hobby, book and music stores
5. Art gallery
6. Hardware stores
7. Convenience stores
8. Drug stores,pharmacies
9. Banks
10. Professional offices
11. Medical or dental offices
12. Business services such as copying and mailing services
13. Travel agency
14. Municipal, civic or public service buildings, such as post office, telephone exchanges,
town offices, school, library, museum, or place of worship
15. Hall, club, theater, or other place of amusement or assembly
16. Food services establishments such as full or limited service restaurants and drinking
establishments
17. Indoor amusements
18. Bed and breakfast facility or inn with six (6)rooms or less
19. Multi-family dwelling
20. Mixed-use structures
21. Any accessory use customarily incident to any of the above permitted uses, provided
that such accessory use shall not be injurious, noxious, or offensive to the
neighborhood.
22. All uses allowed by in the underlying zoning districts are allowed.
The following uses shall be permitted by special permit in the Downtown Overlay District:
1. Drive-thrus for any of the above allowed uses
2. Free-standing automated teller machine (ATM)
3. Day care center
4. Bed and breakfast facility or inn with more than six (6) rooms
5. Hotel or motel
6. Funeral homes
7. Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ft.
8. Public garage
9. All uses allowed in the underlying zoning districts are allowed.
18.3 Design Guidelines
The Downtown Overlay District is an integral commercial center; it represents an important part
of the Town's heritage and its character creates an identity for North Andover today.
Compatible design helps to enhance the quality of life for all residents while strengthening the
economic viability of the Downtown. The Downtown Overlay District Design Guidelines seek
to encourage visual harmony and historic integrity, and encourage creative design solutions. The
Design Guidelines do not dictate style, but rather suggest a variety of choices for achieving
design compatibility within the Downtown Overlay District. The Design Guidelines can also
help to protect the property values by encouraging improvements that maintain buildings as
viable assets.
The Design Guidelines apply only within the Downtown Overlay District and supplement the
site and design criteria provisions of this Section.
18.3.1 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
18.3.2 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. Roofs and rooftop features
e. Exterior materials, doors and windows
f. Exterior colors
g. Signage, flags and banners
h. Sign design standards as applicable and consistent with Section 6 of this Bylaw
i. Exterior illumination
18.3.3 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
£ 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
18.4 Site and Design Criteria.
The site and design criteria within this Section shall be applicable to all residential projects
greater than three (3) units, mixed use and nonresidential property.
18.4.1 Site Access
New curb cuts on existing public ways shall be minimized. To the extent feasible, access to
businesses shall be provided through one of the following methods: (a) through a common
driveway serving adjacent lots or premises or (b) through an existing side or rear street thus
avoiding the principal thoroughfare. Garages doors or loading docks are prohibited on the front
fad ade of any building facing the street.
a. Curb cuts within two hundred (200) feet of intersections are subject to site plan
review.
b. Curb cuts greater than thirty (30) feet and driveway openings greater that twenty
(20) feet are subject to a site plan review. Full width curb cuts are prohibited.
18.4.2 Parking Requirements
The following criteria are included to ensure that new and renovated offstreet parking areas are
constructed in accordance with the Downtown character and the provisions of this bylaw.
a. Parking areas shall be located to the side and rear of the structure. Parking areas
shall be designed such that parking is prohibited within the required front yard
setback.
b. Parking areas shall include provisions for the "parking" of bicycles in bicycle racks
in locations that are safely segregated from automobile traffic and parking. For
parking areas of ten (10) or more spaces, bicycle racks facilitating locking shall be
provided to accommodate one (1)bicycle per twenty (20)parking spaces or fraction
thereof.
c. Where possible, parking areas shall be interconnected in a manner that allows the
unobstructed flow of pedestrians between businesses and the parking areas.
d. The applicant may reduce the number and/or the location of the required parking
spaces as described in Section 8.1 of this Bylaw. Consideration may be given to
the hours of usage of the proposed use/structure, hours of usage of other
uses/structures within the Downtown Overlay District, amount of shared parking
with other uses, as well as other relevant information to assist the granting
authority in determining the need for additional parking for motor vehicles.
Relief may be granted provided that it is demonstrated that the additional demand
for such spaces can be reasonably met without placing an undue burden on
existing facilities already relying on such spaces under the following conditions:
i. Allow parking areas to be shared with adjoining businesses based upon
having peak user demands at different times provided that all businesses
sharing parking are located on the same lot.
ii. On-street parking spaces within a radius of two hundred (200) feet
may be counted as part of the required parking need.
iii. Parking spaces on a separate lot or lots within a radius of six
hundred(600) feet, measured from the lot line of the principal use, may be
counted.
e. Where such parking abuts a residential district, it shall not be located within less
than five (5) feet of the lot line, and a wall or fence of solid appearance or a tight
evergreen hedge having a height of no less than five (5) feet shall be erected and
maintained between such area and the property in the residential district.
18.4.3 Pedestrian and Bicycle Circulation
Provision for safe and convenient pedestrian access shall be incorporated into plans for new
construction of buildings and parking areas, and should be designed in concert with landscaping
plans noted below. New construction should improve pedestrian access to buildings, sidewalks
and parking areas, and should be completed with consideration of safety, handicapped access and
visual quality. Where appropriate, applicants are encouraged to provide pedestrian and/or
bicycle paths connecting their site with abutting areas in order to promote pedestrian and bicycle
circulation and safety. When parking is located in the rear, pedestrian access via a pedestrian-
oriented alley or walkway through to the primary street is encouraged.
18.4.4 Landscaping and Appearance
Appropriate landscaping and design shall be incorporated into new and expanded development
within the district. Landscape design plans shall be prepared by a landscape architect, although
the permitting authority may accept a plan prepared by someone other than a landscape architect
if it believes the plan meets the design guidelines noted below and is in concert with the intent of
this regulation. Landscape plans shall show the type, size and location of all proposed plantings.
a. Side yards shall be screened or landscaped as follows:
i. Where the distance between structures on adjacent lots is ten (10) feet or
less the side yard shall be screened from public view by a solid fence or
tight landscaping having a height of no less than five (5) feet. A chain link
fence shall not be permitted.
ii. Where the distance between structures is greater than ten (10) feet
the space shall be appropriately landscaped.
b. Large parking areas (e.g. greater than twenty (20) parking spaces) shall be
separated by landscaped islands of at least eight (8) feet in width, or in the
alternative shall devote at least five (5)percent of the interior of the parking lot to
landscaping. In addition, a minimum of one (1) shade tree shall be planted for
every six (6) parking spaces required or built, within appropriate locations on the
lot(s). The plan shall show the location of plantings, including use of plantings to
buffer neighboring properties, and along the street frontage and pedestrian ways.
Trees planted within parking areas shall be planted in protected pervious plots of
at least sixty (60) square feet of area. Parking areas shall be screened with trees or
plantings at least three (3) feet in height.
c. A minimum of one (1) shade tree shall be planted for every forty (40) feet of
street frontage or fraction thereof. Trees may be clustered and should be located
between the sidewalk and the curb or in tree wells installed in the sidewalk.
d. Streetscapes shall be accentuated with benches, planters, and other similar
amenities to encourage pedestrian use.
e. Any exterior lighting shall be directed downward to reduce glare onto adjacent
properties.
18.5 Intensity of Use within the Downtown Overlay District.
18.5.1 Location and Distribution of Uses
The ground floor of the front facade of a commercial building or a mixed use
residential/commercial building shall be occupied by business uses only. When the rear fagade
faces a parking area, the ground floor shall also be occupied by business uses only, including in
the rear of buildings.
18.5.2 Height
To accomplish the purposes of this Section, the Planning Board is authorized to grant a Special
Permit to allow an increase in the height of structures either in existence, as reconstructed, or as
new construction, so that the total height does not exceed forty-five (45) feet or three (3) stories
within this overlay district. If any construction of a structure increases the intensity of use over
what was previously in existence on the lot, the Planning Board shall allow this increase only
upon a finding that the additional height is consistent with the scale of adjacent structures and is
necessary to maintain the area's character. The Planning Board must further find that the
relaxation of height limitations will not interfere or negatively impact abutting properties,
particularly property used or zoned for single-family residential purposes.
18.5.3 Setback
In keeping with the purpose of the Downtown Overlay District it is recognized that the areas
have developed with distinct development patterns to match the traditional needs of the small
lots and buildings that have made Downtown unique. Building setbacks within the overlay
district may allow establishment of average setbacks so that redevelopment and new
development will be in keeping with the existing streetscape layout. To accomplish the purposes
of this Section, the Building Inspector is authorized to allow a calculation of front, side and rear
setback standards for new or preexisting structures as follows:
a. Front, side and rear building setbacks shall be calculated as follows: The
maximum front and street-side building setback may not exceed the average front
yard depth of the nearest two (2) lots on both sides of the subject lot or ten (10)
feet, whichever is less.
i. If one or more of the lots required to be included in the averaging
calculation is vacant, such vacant lot(s) will be deemed to have a yard
depth of zero feet.
ii. Lots fronting a street other than the subject lot or separated from the
subject lot by a street or alley may not be used in the computing average.
iii. When the subject lot is a corner lot, the average setback will be computed
on the basis of the two (2) adjacent lots that front on the same street as the
subject lot.
iv. When the subject lot abuts a corner lot fronting on the same street, the
average setback will be computed on the basis of the abutting corner lot
and the nearest two (2) lots that front on the same street as the subject lot.
Calculating Setbacks
Example:(12 ft.+8 ft.+12 ft.+0 ft.)/4=8 ft.
-subject iot -vacant lot
average
setback
ft ft. 12 It setback=0-
Subject lot subject lot
lots used lots used W
in calculation in
3 not included 2
_n calculation
X
in calculation [- I
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STREET STREET
subject lot
ts used uJ
310
Lu
n calculation
STREET
b. The following exceptions to the maximum front and street side building setbacks
apply:
i. A portion of the building may be set back from the maximum setback line
in order to provide an articulated facade, window box, hanging sign,
awning or marquee, or to accommodate a building entrance feature,
provided that the total area of the space created must not exceed one (1)
square foot for every linear foot of building frontage.
ii. A building may be set back farther than the maximum setback in order to
accommodate an outdoor eating area. In order to preserve the continuity of
the streetwall, the building may be set back no more than twelve (12) feet
from the front or street side property line or at least forty (40) percent of
the building faqade must be located at the maximum setback line.
Exceptions to Minimum Front and Street Side Setbacks
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18.5.4 Orientation
Buildings shall be oriented parallel with the front setback line to establish and preserve a
consistent building line, with primary entrances oriented toward the street. The front fagade of a
principal building shall face onto a public street and not towards a parking lot.
18.5.5 Articulation
Large expanses of blank walls are prohibited. A single building with a width of more than sixty
(60) feet facing a street line or a public or municipal parking area shall be divided visually into
sub-elements which, where appropriate, express the functional diversity within the building.
Major articulations shall be spaced no farther apart than twenty-five (25) percent of the building
length at street level. The articulation of a facade on a building shall be continued on all sides
visible from a public street or courtyard.
18.5.6 Transparency
The intent of these transparency standards is to maintain a sense of visual continuity and provide
interest for pedestrians by ensuring that the solid-to-void ratio (the percentage of glass to solid
wall surface that is used on a building face) appears similar to that seen in traditional store fronts.
a. A minimum of sixty (60)percent of the street-facing building fagade between two
(2) feet and eight(8) feet in height must be comprised of clear windows that allow
views of indoor nonresidential space or product display areas.
b. The bottom edge of any window or product display window used to satisfy the
transparency standard of paragraph (a) above may not be more than three (3) feet
above the adjacent sidewalk.
c. Product display windows used to satisfy these requirements must have a
minimum height of four(4) feet and be internally lit.
18.5.7 Doors and Entrances
a. Buildings must have a primary entrance door facing a public sidewalk. Entrances
at building corners may be used to satisfy this requirement.
b. Building entrances may include doors to individual shops or businesses, lobby
entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a
cluster of shops or businesses.
c. The main business entrance to each ground floor business shall be accentuated by
larger doors, signs,roof overhangs, hooded front door, canopy or similar means.
d. Where a building has a street frontage greater than one hundred (100) feet, doors
must be placed an average of one door every fifty(50) feet of frontage.
18.5.8 Utilities
Underground utilities for new and redeveloped building may be required unless physically
restricted or blocked by existing underground obstructions.
18.6 Special Permit Standards and Criteria
In addition to the specific criteria regarding the grant of a special permit contained in Section
10.31 of this bylaw, the Planning Board shall issue a special permit only after consideration of
the following:
a. Impact on the neighborhood visual character, including architectural design,
views and vistas; and
b. Degree to which the proposed use will share an access driveway and/or parking
with an adjacent use and avoids new curb cuts.
Section 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, the Planning Board may grant those waivers:
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,
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.
Section 18.8 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 pursuant to 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 provision of Section 18 shall govern, unless waived by the
Planning Board, in accordance with Section 18.7.
The 2014 Annual Town Meeting for the Town of North Andover dissolved by Unanimous Vote
at 9:OOPM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC, Town Clerk