HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.21.2013 2013 Annual Town Meeting Minutes —May 21, 2013
Town Moderator Mark S. DiSalvo called the 2013 Annual Town Meeting to order at 7:02
PM in the Auditorium of the North Andover High School 430 Osgood Street on Tuesday May
21, 2013. Recognition was given to Boston Marathon members and Public Safety
representatives for their service. Also recognized were former School Committee member
Christine Allen and former Town Moderator Charles A. Salisbury for their many years of
dedicated service to the community. 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 are
18,133 Registered Voters qualified to vote at this meeting. 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 404 voters present.
A motion was made by William F. Gordon, 20 Little Road, 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 2013 Annual Town Meeting dissolved by unanimous vote at 9:36PM on May 21,
2013 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 2012 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 North Andover General Bylaw — Chapter 112 Food Service
Establishments. Unanimous vote to amend the Town of North Andover General Bylaw,
Chapter 112 Food Service Establishments by adding Section 112-2 Preparation and/or Retail
Sale of Food or Beverage.
Amend Chapter 112 by adding Section 112-2 to read as follows:
§ 112-2 Preparation and/or Retail Sale of Food or Beverage
112-2.1 The Board of Selectmen may grant licenses to persons whose principal business is to
prepare and sell food or beverage at retail who are not otherwise licensed as a common
victualler. No person who is eligible for such a license shall conduct such business without
being so licensed. This bylaw shall not require the Selectmen to grant said license if, in their
opinion, the public good does not require it. For these purposes, in determining whether the
public good is served, the Selectmen shall ascertain whether the travelling public will be
inconvenienced in its use of the public ways and sidewalks, whether the business has sufficient
parking, and whether the public safety is protected.
112-2.2 The Board of Selectmen shall establish an annual fee for such licenses.
112-2.3 The Board of Selectmen may adopt rules and regulations to govern the administration of
the licensing process, and in doing so, may impose such terms and conditions upon granting such
licenses as it may consider appropriate.
112-2.4 Provided, any person conducting said principal business as of the day this bylaw takes
effect may continue to do so for up to 90 days, by the end of which time, said business shall be
discontinued unless a license has by then been issued. In entertaining an application, the
Selectmen shall apply the standards set forth in Section 112-2.1 insofar as is practicable
considering that the applicant has been operating prior to the Town enacting said bylaw.
Approved by Attorney General September 19, 2013 —Posted September 23, 2013
Article 7: Acceptance of a Public Way— Red Gate Lane. Unanimous vote to accept and
name Red Gate Lane as a public way, as laid out by the Board of Selectmen, and as shown as
"Red Gate Lane" on a plan entitled, "Red Gate Lane Street Layout Plan, prepared for
Whispering Pines Realty Trust, 4 Sandalwood Lane, Methuen MA 01844, Scale 1" = 40', March
25, 2013, Waypoint Survey Service", and to accept deeds to the street and all related easements,
shown on plan entitled "Red Gate Pasture Definitive Subdivision Plan, prepared for Red Gate
Realty Trust, 33 Walker Road, North Andover MA 01845, November 22, 1996, Scale 1" = 40',
New England Engineering Services, Inc., 33 Walker Road, Suite 23, North Andover, MA
01845", recorded with North Essex Registry of Deeds as Plan No. 15349 and on the above
referenced Street Layout Plan.
Article 8: Amend Make-up of School Building Committee. Unanimous vote to amend
Article 34 of the Annual Town Meeting of 1946 by replacing the word"annually" with "for three
years" and the words "by and from"with "by", thereby allowing two of the three members of the
School Building Committee appointed by the School Committee to be residents not serving on
said School Committee for a fixed term.
Amended vote to read as follows:
Unanimous vote that a committee of seven be chosen, three of the members to be selected for
three years by the School Committee, the other four members to be appointed by the Moderator,
for terms of three, four, five, and six years respectively and that upon the expiration of the terms
of each appointed member, the Moderator be authorized to fill the vacancy for a three year term.
Article 9: Approve Special Legislation for the Purpose of Ensuring Approved Affordable
Housing is Included on the DHCD Subsidized Housing Inventory. Unanimous vote to
authorize the Board of Selectmen to seek special legislation as set forth below for the purpose of
ensuring that low or moderate income housing authorized by the Town to be built or created
under G.L. chapters 40A, 40B, or 40R shall be included for purposes of G.L. c.40B, §20 on the
Subsidized Housing Inventory maintained by the Department of Housing and Community
Development as "affordable housing"; provided, however, that the General Court may make
clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves
amendments to the bill prior to enactment by the General Court, and provided further that the
Board of Selectmen is hereby authorized to approve amendments which shall be within the scope
of the general public objectives of this petition.
An Act Relative to Affordable Housing in the Town of North Andover
Section 1. Notwithstanding the provisions of sections 20 through 23 of chapter 40B of the
General Laws, or of any other general or special law or state regulation to the contrary, the
determination of whether the Town of North Andover has low or moderate income housing in
excess of ten per cent of the total housing units reported in the latest federal decennial census for
the Town of North Andover for purposes of section 20 of said Chapter 40B, which determination
is reflected in a list known as the Subsidized Housing Inventory ("SHI") as maintained by the
Massachusetts Department of Housing and Community Development or by a successor
department regardless of its name, shall be calculated as follows. As of the date an approval
decision is filed with the North Andover Town Clerk and through and including the expiration
date of the decision as provided by applicable statute or regulation and any extension of such
decision granted by action of the Town or the General Court, the SHI shall include all of the
following:
A. Any affordable housing unit approved under any local zoning provision under G.L.
c.40A, including a so-called Local Initiative Program project, provided that the
affordable unit shall be required to have a perinanent deed restriction to restrict
occupancy or ownership of the unit to an "Income Eligible Household" as presently
defined under the Department's regulations at 760 CMR 56.02;
B. Any affordable housing unit in a homeownership project approved under G.L. c.40B
or G.L. c.40R; and
C. Any rental housing unit in a rental project approved under G.L. c.40B or G.L. c.40R.
Provided further that if any such approval decision is appealed, the unit or units at issue shall
continue to be listed on the SHI unless and until the approval decision is finally overturned by a
court of competent jurisdiction.
Section 2. This act shall apply to all housing units meeting the requirements of section 1 wherein
the relevant approval decision was filed with the North Andover Town Clerk on or after January
1, 2000.
Section 3. This act shall take effect upon passage.
Article 10. Citizen's Petition — A Resolution to Support Passage of a Constitutional
Amendment Providing That Only Human Beings Are People. 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 (such as corporations);
WHEREAS, corporations are not mentioned in the Constitution and The People have never
granted Constitutional rights to corporations;
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 election of November 6, 2012;
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 support an amendment to the United States Constitution making it clear that corporations
and other entities created by law are not entitled to the constitutional rights of human beings.
Petition of Frederick Nothnagel, et al
VOTED MAY 219 2013 YES 135 NO 140 ARTICLE 10 DEFEATED
Article 11: Citizen's Petition — Conveyance of Property from Orchard Villalze, LLC to
Town of North Andover. Unanimous vote to authorize the Board of Selectmen to accept, for
no monetary consideration, the conveyance of the following property from Orchard Village,
LLC, upon terms and conditions deemed by the Board of Selectmen to be in the best interest of
the Town.
That certain parcel of land, together with all buildings and improvements thereon, including
without limitation the water pump station and all equipment and pump station apparatus, located
off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly
described as Lot 33 on a plan of land entitled: "Definitive Subdivision Plan For `Orchard
Village' in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001
Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond
Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160
Summer St. Haverhill, MA 01830, Tel. 978-373-0310", dated April 2, 2009, last revised on June
9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October
16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular
description of said Lot 33 (hereinafter referred to as the "Subdivision Plan"). The above Lot is
designated "Not a Building Lot" and contains 2,047 square feet (.0470 ac), more or less,
according to said Subdivision Plan. Said property shall be conveyed subject to the following
conditions:
1. The fee in the roadway shown as the "Proposed Road" and Lot 34 on the
Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be
conveyed herewith the right to use, in common with the Orchard Village, LLC and
those claiming by through or under the Orchard Village, LLC and others lawfully
entitled thereto, the way shown on the Plan as Proposed Road (now known as
Empire Drive) for the purpose of ingress and egress to the property granted herein.
2. Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements
affecting the premises conveyed to the Town and shown on the Subdivision Plan.
This conveyance shall be subject to the easements, conditions, and restrictions
contained in the Subdivision Plan, and all other easements, reservations, covenants
and restrictions of record, insofar as the same are in force and applicable, and
acceptable to the Board of Selectmen, however not intending to revive any of the
same.
3. Orchard Village, LLC shall also grant to the Town a permanent and perpetual right
and easement to re-install, maintain and repair the water mains and associated pipes
and fixtures now located within said Lot 34, in common with Orchard Village, LLC
and those claiming by through or under the Orchard Village, LLC and others
lawfully entitled thereto to use Lot 34 for all purposes that street and ways are
currently used in the Town of North Andover. The Grantor shall also reserve the
right to install, maintain and repair utilities in Lot 34, excluding the water mains and
associated pipes and fixtures.
4. Upon any exercise of the easement rights that disturb the surface of the ground of
Lot 34, the Grantee shall reasonably restore the ground to its previous condition. By
acceptance of this conveyance, the Town shall accept responsibility for the
maintenance, operation and repair of the water booster pump station and all related
improvements and equipment located on said Lot 33 and the water mains and
associated pipes and fixtures located within said Lot 34.
5. There is reserved unto Orchard Village, LLC an easement and right to connect
Orchard Village LLC's remaining land to the water mains and associated pipes and
fixtures located within said Lot 34, upon the payment of customary connection fees
to the town.
Petition of Douglas B. Small, et al
Article 12: 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 Section 108 of
Chapter 41 of the Massachusetts General Laws as follows, or to take any other action relative
thereto.
Board of Selectmen/Licensing Commissioners,per person, per annum $5,000
Chairman of Board of Selectmen,per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
Article 13: Continue and Approve Revolving Funds. Unanimous vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, Section 53E '/2 for the Fiscal Year beginning July 1, 2013,
RevolvingFund Accounts
Account Revolving FY 2014
Number Fund Authorized to Spend Use of Funds Revenue Source Limit
1 2031204 Wheelabrator Director- Community Air quality monitoring Wheelabrator Host $ 35,000
Planning Development Community
Agreement
2 2031205 Wheelabrator Director- Community To enforce Trash Truck Wheelabrator Host $ 20,000
Public Safety Development regulations Community
Agreement
3 2031207 Health Dept - Director- Community Food Consultant fees Inspection Fees $ 20,000
Food Development and expenses related to
Inspections program
4 2031208 Health Dept - Director- Community Septic Consultant fees Inspection Fees $ 15,000
Septic Development and expenses related to
Inspections program
5 2031210 Field Director- Division of Field maintenance, Field rental fees, $ 10,000
Maintenance Public Works upgrade and related Grants, Donations,
expenses and related
Fundraising
proceeds
6 2031211 Health Dept Director- Community clinic supplies and other Clinic participant $ 30,000
Revolving Development related materials fees, Grants,
Donations, and
related Fundraising
proceeds
7 2031213 Youth and Assistant Town All programs and Participants' fees, $ 260,000
Recreation Manager activities, expense, part Grants, Donations,
Services time help and related
Revolving Fundraising
proceeds
8 2031217 Elder Services Assistant Town Senior programs, Participants' fees, $ 20,000
- COA Revol Manager classes and activities Grants, Donations,
and related
Fundraising
proceeds
9 Stormwater Director- Community Review, test and inspect Review Fees $ 50,000
Bylaw Development IStormwater reports
Total• $ 460,000
RevRev I olVi 'a Ftand Account RecelI is and Expenditures
Account FY12 Balance Receipts thru Expenditures
Number Revolvin Fund Balance 711111 FY12 Recei is Expenditures 06/30/12 12131/12 thru 12/31/12 Balance
1 2031204 Wheelabrator $ 66,075 $ 25,000 $ (16,016) $ 75,059 $ 25,000 $ (5,535) $ 94,524
Planning
2 2031205 Wheelabrator $ 38,184 $ 12,700 $ (2,220) $ 48,664 $ 9,250 $ (2,020) $ 55,894
Public Safety
3 2031207 Health Dept- $ 70,919 $ 24,577 $ (14,907) $ 80,589 $ 21,950 $ (10,785) $ 91,754
Food Inspections
4 2031208 Health Dept- $ 16,657 $ 14,150 $ (16,748) $ 14,059 $ 5,800 $ (4,760) $ 15,099
Septic Inspections
5 2031210 Field Maintenance $ 16,015 $ 6,750 $ (12,614) $ 10,151 $ 1,300 $ (4,641) $ 6,810
6 2031211 Health Dept $ 12,129 $ 17,508 $ (27,673) $ 1,964 $ 16,530 $ (9,839) $ 8,655
Revolving
7 2031213 Youth and $ 272,959 $ 278,628 $ (333,504) $ 218,083 $ 108,213 $ (189,026) $ 137,270
Recreation
Services
Revolving
8 2031217 Elder Services $ 3,907 $ 33,070 $ (27,886) $ 9,091 $ 15,665 $ (12,382) $ 12,374
- COA Revol
Article 14: 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:
Prior Year Invoices
FY12
Vendor Amount Department
Eagle Tribune 246.79 Facilities
Catholic Charities 270.00 School
Education Inc 611.80 School
Greater Lawrence Educational Collabrative 591.28 School
Main Street Hardware 128.26 School
Matthes, Ralph 217.61 School
Quality Fire 750.00 School
Town of N Andover-Water&Sewer 2,271.70 School
Liddell Brothers 120.00 School
Eagle Elevator(3 invoices) 3,549.00 School
Liddell Brothers 300.00 DPW
Columbia Gas 12,262.44 DPW
Peterson Party 2,150.00 Stevens Estate
23,468.88
Article 15: Appropriation — General Fund for Fiscal Year 2014. Unanimous vote to raise
and appropriate funds for Fiscal Year 2014 as follows:
General Government $ 21195,833
Public Safety $ 9,735,131
Education $ 39,863,136
Snow and Ice Removal $ 752,448
All Other Public Works $ 3,362,190
Health and Human Services $ 1,161,872
Culture and Recreation $ 863,687
Support Services $ 1,347,294
Debt Service $ 6,375,190
Employee Benefits $ 15,654,079
Liability Insurance $ 377,612
Regional Schools $ 259,779
for a total appropriation of$81,948,250 and to further transfer to the General Fund from
Special Revenue— GLSD $141,336, from Special Revenue— Community Programs $62,700,
and from Free Cash $29,710 to cover prior year fund deficits,for a total of$233,746.
Article 16: Appropriation — Water Enterprise Fund for Fiscal Year 2014. Unanimous
vote to appropriate the amount of$4,891,704 in aggregate, for the purpose listed under column
"FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning
July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate
the Water Enterprise Fund, that $4,891,704 be raised from Water receipts and from these receipts
$878,741 be transferred to the General Fund and to further transfer from retained earning the
sum of$11,919.70 to cover prior year deficit in capital project fund.
. TEFF ENTERPRISE
FY14
Recornnnen airion
Tovin Manager
FY13 Department Board of Selectni en
Budget Request Finance Cornrui tte,e
Perso nnel 718,933 060,045 060,045
Expense 1,454,719 1,482,459 1,482,499
Debt 'Seurvlce1 2,198,324 1,882,449 1,662,449
Sub-Total Direct Euupen�ituures 4,371,945 4,812,983 4,012,963
Adnil ntlhdl rEct 747,571 878,741 878,741
Total Wate r Enterprise 5,119,516 4891,794 4,891,7944
Article 17: Appropriation— Sewer Enterprise Fund for Fiscal Year 2014. Unanimous vote
to appropriate the amount of $4,729,587 in aggregate, for the purpose listed under the column
"FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning
July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate
the Sewer Enterprise Fund, that $4,729,587 be raised from sewer receipts and from these receipts
$413,525 be transferred to the General Fund for indirect expenses and to further transfer from
retained earnings the sum of$91,437.56 to cover prior year capital project deficits.
SEWER ENTERPRISE
FY14
Recommendation
Town Manager
FY13 Department Board of Selectmen
Budget R,eguuest FinanceComm ittee
Personnel 509,732 350,788 350,788
Expense 289,575 318,274 318,274
GILD Assessment 1,541,247 1,555,000 1,555,000
Debt er iCE� 2,000,405 1,992,000 1,992,000
Sub-Total Direct Expenditures 4,341,059 4,315,052 4,315,052
niinIlndirelc:t 529,744 413,525 413,525
Total Sever Enterprise 4„870,803 4,729,587 4,729,587
Article 18: Appropriation — Stevens Estate Enterprise Fund for Fiscal Year 2014.
Unanimous vote to appropriate the amount of $271,974 in aggregate, for the purpose listed
under the column "FY14 Recommendation: Town Manager, Board of Selectmen” for the Fiscal
Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items,
and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $271,974 be raised from
Stevens Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General
Fund for indirect expenses:
STEVENS ESTATE
AT OSGOOD HILL, ENTERPRISE FY14
Recommendation
Town Mamaqer
F Y 13 Department Board of Selectmen
Budget Request Finance Committee
Personnel 100,000 95,125 96,125
Expense 120,458 129,389 129,389
Debt Service 0 0 0
Sub-Total Direct E x penditu res 220,458 225,514 225,514
Aft minflndirect 45,450 45.450 45.450
Total Stevens Estate E me ri se 266,929 271,974 271,9741
Article 19: Appropriation - Energy Efficiency Improvements at Public Buildings. Two-
thirds vote Declared by the Moderator to raise and appropriate $4,049,027 by bonding or
otherwise to make improvements to school and town buildings as identified in the Energy
Audit detailed in the Appendix A of the printed Warrant, and to meet this appropriation,
the Treasurer with the approval of the Board of Selectmen is authorized to borrow
$4,049,027. Details of Appendix A available at the Office of the Town Clerk.
Article 20: Appropriation - Capital Improvement Plan for Fiscal Year 2014. 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.
FY14 CIP
Recommendations
Other Funding
Board of Selectmen Sources Authorized to
Finance Committee (Grants.Chapter 90 Borrow under
Town Manager Excess bond
Line# Project Description Recommendations CPA&Spec Rey l Proceeds Chanter 44
1 Ambulance $ 260,000 $ (20,688) $ 239,312
2 Roadway Improvements $ 1,115,000 $ (775,000) $ (29,476) $ 310,524
3 Sidewalks Reconstruction $ 75,000 $ 75,000
4 Building Maintnenace $ 150,000 $ 150,000
5 Front End Loader $ 230,000 $ 230,000
6 District Wide Paving $ 100,000 $ (7,309) $ 92,691
7 Town Farm: Construction of Playing Fields
(Phase 1) $ 300,000 $ (300,000) $ -
8 Facilities Master Plan Implementation $ 3,895,500 $ 3,895,500
9 IT Room Air Conditioning $ 76,839 $ 76,839
10 Municipal IT $ 50,000 $ 50,000
11 Tractor and Brush Cutter $ 125,000 $ 125,000
12 School IT $ 127,131 $ 127,131
Water&High Street Lights, Intersection,
13 Road Improv $ 110,000 $ 110,000
General Fund Total $ 6,614,470 $ 1,075,000 $ 57,473 $ 5,481,997
14 Replacement of Carbon Filter Actuators $ 220,000 $ (172,809) $ 47,191
15 EmergencV Power Upgrade WTP $ 220,000 $ 220,000
Water Enterprise Fund Total $ 440,000 $ - $ 172,809 $ 267,191
16 School St&Bunkerhill St Sewer Replacment $ 300,000 $ (300,000) $ -
Improvements to vaious Sewer Pump
17 Stations $ 1,462,381 $ (1,462,381) $
Sewer Enterprise Fund Total $ 1,762,381 $ - $ 1,762,381 $ -
Total All Funds $ 8,816,851 $ 1,075,000 $ 1,992,663 $ 5,749,188
Article 21: Report of the Community Preservation Committee — Appropriation From
Community Preservation Committee Fund. Majority vote to receive the report of the
Community Preservation Committee and to raise, transfer and/or appropriate from the
Community Preservation Fund, 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 21,
excluding the sum of$500,000 for the purchase of the Foster Street parcel; and, with regard to
the appropriation of the $461,894 for Veterans Housing, to authorize the sum of$251,000 of said
amount to be paid from Community Preservation Act Housing Reserve, and to authorize an
expenditure not to exceed $461,894 for the purchase of an affordable housing restriction or other
interest from Veterans Northeast Outreach Center, Inc or its nominee in the parcel of land with
the building thereon at 138 High Street now or formerly owned by Federal Home Loan
Mortgage Corporation described in the deed recorded at the North Essex District Registry of
deeds in Book 12699, Page 90 and shown on North Andover Assessors Map 53, Lot 20, and
expenses incidental and related thereto for purposes of affordable housing for veterans, 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 affordable housing 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 and affordable housing deed
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 said purchase; and, with regard to the other appropriations
listed in said Article 21, 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
Preservation of Second Burying Ground $ 30,000 Historical Preservation
McEvoy Field and Facility Refurbishment $ 903,350 Open Space Protection
Town Farm: Construction of Playing Fields
(Phase II) $ 300,000 Open Space Protection
North Andover Historical Society:
Building Preservation (per Master Plan) $ 397,000 Historical Preservation
Stevens Estate—Roofing/Flashing/Coverings $ 436,950 Historical Preservation
Scholfield Mill— Stabilization, Exterior
Restoration, and Interior Restoration $ 130,000 Historical Preservation
Ridgewood Cemetery—National Registry of $ 7,500 Historical Preservation
Historic Places
Veterans' Housing $ 461,894 Affordable Housing
Administrative Costs $ 30,000 Administrative and
Operating Expenses
Total for Approved Projects $2,696,694
From CPA Affordable Housing Reserve $ 251,000
Net New Appropriations $2,445,694
Article 22: Authorization — Debt for Improvements to the Greater Lawrence Technical
School. Unanimous vote that the Town approve the indebtedness authorized by the Regional
District School Committee of the Greater Lawrence Regional Vocational-Technical School
District for the purpose of paying costs of reconstructing and making extraordinary HVAC
repairs at the District High School, located at 57 River Road in Andover, and for the payment of
all other costs incidental and related thereto, which proposed repair project would materially
extend the useful life of the school and preserve an asset that otherwise is capable of supporting
the required educational program, and for which the District may be eligible for a school
construction grant from the Massachusetts School Building Authority.
Article 23: Transfer to Capital Stabilization. Unanimous vote to transfer $213,000 from
available funds or free cash into the Capital Stabilization Fund.
Article 24: Transfer to Stabilization. Unanimous vote to raise and appropriate or transfer
funds from available funds or free cash a sum of$625,000 into the Stabilization Fund.
Article 25: Transfer Overlay Surplus. Unanimous vote to transfer from the FY05 Overlay
Account into the FY09 Overlay Account$86,412.48,pursuant to Massachusetts General Laws
Chapter 59, Section 25.
Article 26: Authorize the Acquisition of the Rea's Pond Sewer Pump Station. Unanimous
vote to authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain the
sewerage pump station and contiguous sewer lines, manholes, conduits and other appurtenances
necessary for the flowage of sewerage and associated with the operation of the sewer system
known as the Great Pond Road Pumping Station by Rea's Pond, including but not limited to all
right, title and interest in any easements associated with said sewer system, and all right, title and
interest to all and every property interest, real or personal, in any manner associated with the
sewer system, which are located in the areas shown as `Easementl" and "Easement 2" on plan of
land entitled "Easement Plan, Rea's Pond Pumping Station, Great Pond Road, North Andover,
Massachusetts," dated March 8, 2013, Scale 1" = 50', drawn by Merrill Associates, Inc.,
Hanover, MA, and to pay no damages for said eminent domain taking.
Article 27: Approve Special Legislation for Easement at Rea's Pond Sewer Pump Station.
Unanimous vote to authorize the Board of Selectmen to file a petition to the Legislature to
authorize, notwithstanding the provisions of Article 97 of the Constitution of the Commonwealth
of Massachusetts, or any general or special law to the contrary, the Conservation Commission of
the Town of North Andover to grant to the Town of North Andover Board of Selectmen a
permanent easement upon the land shown as "Easement 1" and "Easement 2" on Plan entitled
"Easement Plan, Rea's Pond Pumping Station, Great Pond Road, North Andover,
Massachusetts," dated March 8, 2013, Scale 1" = 50', drawn by Merrill Associates, Inc.,
Hanover, MA, which land is currently under the care, custody and control of the Conservation
Commission, to be used for the use and replacement of the existing sewerage pump station and
contiguous sewer lines, manholes, conduits and other appurtenances associated with the
operation of the sewer system known as the Great Pond Road pumping station.
Article 28: Citizen's Petition— Proposed Zoning By-law to Allow the Keeping of Backyard
Hens. To see if the Town will vote to allow the keeping of backyard chickens as permitted in
the attached proposed zoning by-law, which changes language in sections 4.121 and 4.122 —
permitted agricultural uses for Residence 1, 2, 3, and 4 Districts.
For Residence 1 District, Residence 2 District, and Residence 3 District:
Replace 4.121.6(a) with the following language
On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of
any kind or assortment of animals or birds, except chickens being kept, harbored, raised,
or maintained as accessory to a residential single family structure as defined in
4.121.6(e), in addition to the household pets of a family living on such lot, and for each
additional acre of lot size to five (5), the keeping of one additional animal or bird but not
the keeping of animals,birds, or pets of persons not resident on such lot.
Add new language as 4.121.6(e)
A single-family residence may keep a maximum of six (6) hens.
Two (2) family residences in addition to single family residences may keep six (6)
hens as long as hens are owned by the homeowner who must reside in the property.
(Floor Amendment)
For lots of at least (3) acres, a single-family residence may keep a maximum of three (3)
hens per acre of lot size.
No roosters shall be permitted.
Such residence must maintain a minimum coop area of 4 square feet per hen.
The owner of the hens must live in the residence.
Hens and coops are prohibited from the front yard of a residence, unless screened by a
privacy fence of at least six (6) feet in height.
No coop shall be located closer than forty (40) feet from any residential structure
occupied by someone other than the hen owner, custodian or keeper.
The hens shall be secured in a coop and contained in a fenced area on the property when
out of the coop.
This use shall meet all current applicable State or Board of Health regulations regarding
the raising of chickens.
For Residence 4 District:
Replace 4122.6(b) with the same language that is proposed for 4.121.6(a), as written above.
Add new language as 4.122.6(e), the same as which is proposed for 4.121.6(e), as written
above.
Petition of Hillary J. Stasonis, et al
VOTE YES 239 NO 33
Article 28: Citizen's Petition— Proposed Zoning By-law to Allow the Keeping of Backyard
Hens. To see if the Town will vote to allow the keeping of backyard chickens as permitted in
the attached proposed zoning by-law, which changes language in sections 4.121 and 4.122 —
permitted agricultural uses for Residence 1, 2, 3, and 4 Districts.
For Residence 1 District, Residence 2 District, and Residence 3 District:
Replace 4.121.6(a) with the following language
On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of
any kind or assortment of animals or birds, except chickens being kept, harbored, raised,
or maintained as accessory to a residential single family structure as defined in
4.121.6(e), in addition to the household pets of a family living on such lot, and for each
additional acre of lot size to five (5), the keeping of one additional animal or bird but not
the keeping of animals, birds, or pets of persons not resident on such lot.
Add new language as 4.121.6(e)
A single-family residence may keep a maximum of six (6) hens.
Two (2) family residences in addition to single family residences may keep six (6)
hens as long as hens are owned by the homeowner who must reside in the property.
(Amendment)
For lots of at least (3) acres, a single-family residence may keep a maximum of three (3)
hens per acre of lot size.
No roosters shall be permitted.
Such residence must maintain a minimum coop area of 4 square feet per hen.
The owner of the hens must live in the residence.
Hens and coops are prohibited from the front yard of a residence, unless screened by a
privacy fence of at least seven six (-7) (6) feet in height.
No coop shall be located closer than forty (40) feet from any residential structure
occupied by someone other than the hen owner, custodian or keeper. Ir 4��she-ow*eFof ho-
kiv�c��s�r�'xcrres�rsr
The hens shall be secured in a coop and contained in a fenced
area on the property when out of the coop.
This use shall meet all current applicable State or Board of Health regulations regarding
the raising of chickens.
Amended Sections 4.121.6 to read as follows:
A single-family residence may keep a maximum of six (6)hens.
Two (2) family residences in addition to single family residences may keep six (6)
hens as long as hens are owned by the homeowner who must reside in the property.
(Floor Amendment-Unanimous Vote)
For lots of at least (3) acres, a single-family residence may keep a maximum of three (3)
hens per acre of lot size.
No roosters shall be permitted.
Such residence must maintain a minimum coop area of 4 square feet per hen.
The owner of the hens must live in the residence.
Hens and coops are prohibited from the front yard of a residence, unless screened by a
privacy fence of at least six (6) feet in height.
No coop shall be located closer than forty (40) feet from any residential structure
occupied by someone other than the hen owner, custodian or keeper.
The hens shall be secured in a coop and contained in a fenced area on the property when
out of the coop.
This use shall meet all current applicable State or Board of Health regulations regarding
the raising of chickens.
For Residence 4 District:
Replace 4.122.6(b) with the same language that is proposed for 4.121.6(a), as written above.
Add new language as 4.122.6(e), the same as which is proposed for 4.121.6(e), as written
above.
4.12 Amended 4.121 to read as follows:
Permitted Uses
4.121 Residence 1 District
Residence 2 District
Residence 3 District
1. One-family dwelling,but not to exceed one dwelling on any one lot.
2. Place of worship.
3. Rooming house, renting rooms for dwelling purposes or furnishing table board to not
more than four (4) persons or members of the family resident in a dwelling so used,
provided there be no display or advertising on such dwelling or its lot other than a name
place or sign not to exceed six (6) inches by twenty-four (24) inches in size, and further
provided that no dwelling shall be erected or altered primarily for such use.
4. For use of a dwelling in any residential district or multi-family district for a home
occupation, the following conditions shall apply:
a. Not more than a total of three (3) people may be employed in the home occupation,
one of whom shall be the owner of the home occupation and residing in said
dwelling.
b. The use is carried on strictly within the principal building;
c. There shall be no exterior alterations, accessory buildings, or display which are not
customary with residential buildings;
d. Not more than twenty five (25)percent of the existing gross floor area of the dwelling
unit so used, not to exceed one thousand (1000) square feet, is devoted to such use.
In connection with such use, there is to be kept no stock in trade, commodities or
products which occupy space beyond these limits;
e. There will be no display of goods or wares visible from the street;
£ The building or premises occupied shall not be rendered objectionable or detrimental
to the residential character of the neighborhood due to the exterior appearance,
omission of odor, gas, smoke, dust, noise, disturbance, or in any other way become
objectionable or detrimental to any residential use within the neighborhood;
g. Any such building shall include no features of design not customarily in buildings for
residential use.
5. Real estate signs not to exceed twenty-four (24) inches by thirty-six (36) inches in size
which shall advertise only the rental, lease, sale of the premises upon which they are
placed.
6. Agriculture, horticulture, floriculture, viticulture or silvaculture. (1986/100)
a. On any lot of at least three (3) acres, the keeping of a total of not more than
three (3) of any kind or assortment of animals or birds, except chickens being kept,
harbored, raised, or maintained as accessory to a residential single family structure
as defined in 4.121.6(e), in addition to the household pets of a family living on such
lot, and for each additional acre of lot size to five (5), the keeping of one additional
animal or bird but not the keeping of animals, birds, or pets of persons not resident
on such lot.
b. On any lot of at least five (5) acres, the keeping of any number of animals or birds
regardless of ownership and the operation of equestrian riding academies, stables,
stud farms, and poultry batteries.
c. The sale of products raised as a result of the above uses on the subject land.
(1986/100)
d. The sale of products of agriculture, horticulture, floriculture, viticulture or
silvaculture as well as accessory or customary items, by any person who is primarily
engaged in any of the above activities. The operation must be on at least ten (10)
contiguous acres used primarily for any of these activities. (1986/100)
7. Swimming pools in excess of two (2) feet deep shall be considered a structure and
permitted provided they are enclosed by a suitable wall or fence at least four (4) feet
in height to be determined by the Building Inspector to prevent the entrance of persons
other than those residing at the pool location. Pools shall have a minimum ten (10)
foot setback from side and rear lot lines and be located no nearer the street than the
building line of the dwelling, except by Special Permit.
8. Museums.
9. a. Public and private non-profit educational facilities. (1986/17)
b. Private for profit educational facilities by Special Permit. (1986/17)
10. Public building and public service corporations (Special Permit Required), but not
including public works garages.
11. Golf Course.
12. Swimming and/or tennis clubs shall be permitted with a Special Permit.
13. Cemetery.
14. Nursing and convalescent home- see dimensional requirements of Table 2 (Special
Permit Required).
15. Municipal recreational areas.
16. 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.
17. Family Suite — a separate dwelling unit within or attached to a dwelling for a member
of a household is allowable by Special Permit provided:
a. The dwelling unit is not occupied by anyone except brothers, sisters, maternal and
paternal parents and grandparents, or children of the residing owners of the dwelling
unit;
b. That the premises are inspected annually by the Building Inspector for conformance
to this section of the Bylaw;
c. The Special Permit shall be recorded at the North Essex Registry of Deeds.
18. Accessory buildings no larger than sixty—four (64) square feet shall have a minimum
five (5) foot setback from side and rear lot lines and shall be located no nearer the
street than the building line of the dwelling.
19. Day Care Center by Special Permit. (1985/23)
20. Independent Elderly Housing by Special Permit in Residence District 3 only.
Petition of Hillary J. Stasonis, et al
VOTE YES 239 NO 33
Article 29: Amend Zoning Bylaw — Section 6: Signs and Outdoor Lighting Regulations.
Unanimous vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign
Lighting Regulations, Subsection 6.3 Definitions by defining an "Off-Premise Sign" and
amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise Signs.
Amend Section 6 by adding the underlined language and deleting the marked section to
read as follows:
SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS
6.3 Definitions
• A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable
of standing without support or attachments.
• Accessory Sign - A sign that advertises activities, goods, products, or a
specific use, owner, or tenant, available within the building or on the property on which the sign
is located, or advertises the property as a whole or any part thereof for sale or rent.
• Animated Sign: Any sign that uses movement or a change of lighting to depict
action or create a special effect or scene.
%nt
Building Frontage - The length in feet of a ground floor level of a building
or side facing a street (or facing a right-of-way accessible from a street) that is occupied by
an individual business.
Irection
Directional Sign - A non-accessory sign containing no advertising and giving
to community (non-commercial) activities, buildings, areas, such as churches, schools,
playgrounds, museums, historical sites,public buildings, etc. Sign not to exceed 12"00".
• Display Window Signs - Temporary signs on the surface of or inside display
windows, lighted only by the general building illumination.
• Erect - Shall mean and include to construct, place, relocate, enlarge, alter,
attach, suspend, and post.
• Flagpole - A pole erected on a roof, or projecting from a building or structure
or on the ground.
• Freestanding Sign- Shall mean and include any sign not attached to a building
or the ground.
• Ground Sign - Any sign erected on the ground which is self-supported and
anchored to the ground.
• Illuminated Sign - Illuminated sign shall mean any sign illuminated by
electricity or other artificial light including reflective or phosphorescent light and shall include
location of source of illumination.
• Marquee - Any sheltering structure of permanent construction projecting from
and totally supported by the wall and/or roof of a building.
• Non-Accessory Sign- Any sign that is not an accessory sign.
• Obscene - shall have the meaning as that term is defined in Massachusetts
General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section
defines "obscene" as follows:
• appeals to the prurient interest of the average person applying the
contemporary standards of the county where the offense was committed;
• depicts or describes sexual conduct in a potentially offensive way;
and
• lacks serious literary, artistic, or political or scientific value.
• Off-Premise Sign - A sign or outdoor display that advertises products or
services that are not sold, produced, manufactured or furnished on the property where the sign is
located.
• Permanent Sign - Any sign permitted to be erected and maintained for more
than sixty (60) days.
• Primary Sign - The principal accessory sign which may be a wall, roof, or
ground sign, as allowed in Section 6.6.
• Projecting Sign - Any sign which is attached or suspended from a building or
other structure and any part of which projects more than twelve (12) inches from the wall surface
of that portion of the building or structure.
• Roof Sign - Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building with the entire support on the roof or
roof structure.
• Secondary Sign- is a wall, roof, or ground sign intended for the same use as a
primary sign but smaller dimensions and lettering, as allowed in Section 6.6.
• Sign - A sign is any structure, mechanically or electrically driven, still or
moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation
that is designed to be seen from outside the lot on which it is erected. It advertises activities,
goods, places, persons, objects, institutions, organizations, associations, businesses or events,
products, services, or facilities available either on the property where the sign appears or in some
other location. The definition includes electric signs in windows or doors, but does not include
window displays or merchandise. A sign may be permanent or temporary.
• Sign Size (Area)
(a). For a sign, either free-standing or attached, the area shall be considered to include all
lettering, wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed but not including any supporting
framework and bracing which are incidental to the display itself.
(b). For a sign painted upon or applied to a building, the area shall be considered to
include all lettering, wording, and accompanying designs or symbols together with any
backing of a different color than the finish material of the building face.
(c). Where the sign consists of individual letters or symbols attached to or painted on a
surface, building, wall or window, the area shall be considered to be that of the smallest
rectangle or other convex shape which encompasses all of the letters and symbols.
%ration
Temporary Sign: A sign permitted to be used on a short-term basis for the
of no longer than sixty (60) days unless otherwise specifically provided herein.
• Wall Sign - Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
6.5 Prohibitions:
Irected
No sign shall be lighted, except by steady, stationary light, shielded and
solely at the sign. Internally lit signs are not allowed.
• No illumination shall be permitted which casts glare onto any residential
premises or onto any portion of a way so as to create a traffic hazard.
• No sign shall be illuminated in any residential district between the hours of
12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to
the public during those hours.
• No sign having red or green lights shall be erected within sight of a traffic
signal unless approved as non-hazardous by the Chief of Police.
• No animated, revolving, flashing, or exterior neon sign shall be permitted.
• No pennants, streamers, advertising flags, spinners or similar devices shall be
permitted, except as allowed by the board of Selectmen.
• Corner visibility shall not be obstructed.
• No sign shall be erected, displayed, or maintained upon any rock, tree, fence,
or utility pole.
• No sign shall be erected, displayed, or maintained if it contains any obscene
matter.
• Flags and insignia of any Government when displayed in connection with
commercial promotion.
• No sign shall obstruct any means of egress from a building.
• Non-accessory signs are prohibited except for directional signs as allowed in
Section 6.6, B.
• No signs shall be attached to motor vehicles, trailers or other movable objects
regularly or recurrently located for fixed display.
Section 6 Definitions to read as follows:
• A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable
of standing without support or attachments.
• Accessory Sign - A sign that advertises activities, goods, products, or a
specific use, owner, or tenant, available within the building or on the property on which the sign
is located, or advertises the property as a whole or any part thereof for sale or rent.
• Animated Sign: Any sign that uses movement or a change of lighting to depict
action or create a special effect or scene.
�ront
Building Frontage - The length in feet of a ground floor level of a building
or side facing a street (or facing a right-of-way accessible from a street) that is occupied by
an individual business.
Irection
Directional Sign - A non-accessory sign containing no advertising and giving
to community (non-commercial) activities, buildings, areas, such as churches, schools,
playgrounds, museums, historical sites,public buildings, etc. Sign not to exceed 12"x30".
• Display Window Signs - Temporary signs on the surface of or inside display
windows, lighted only by the general building illumination.
• Erect - Shall mean and include to construct, place, relocate, enlarge, alter,
attach, suspend, and post.
• Flagpole - A pole erected on a roof, or projecting from a building or structure
or on the ground.
• Freestanding Sign- Shall mean and include any sign not attached to a building
or the ground.
• Ground Sign - Any sign erected on the ground which is self-supported and
anchored to the ground.
• Illuminated Sign - Illuminated sign shall mean any sign illuminated by
electricity or other artificial light including reflective or phosphorescent light and shall include
location of source of illumination.
• Marquee - Any sheltering structure of permanent construction projecting from
and totally supported by the wall and/or roof of a building.
• Non-Accessory Sign- Any sign that is not an accessory sign.
• Obscene - shall have the meaning as that term is defined in Massachusetts
General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section
defines "obscene" as follows:
• appeals to the prurient interest of the average person applying the
contemporary standards of the county where the offense was committed;
• depicts or describes sexual conduct in a potentially offensive way;
and
• lacks serious literary, artistic, or political or scientific value.
• Off-Premise Sign - A sign or outdoor display that advertises products or
services that are not sold, produced, manufactured or furnished on the property where the sign is
located._
• Permanent Sign - Any sign permitted to be erected and maintained for more
than sixty (60) days.
• Primary Sign - The principal accessory sign which may be a wall, roof, or
ground sign, as allowed in Section 6.6.
• Projecting Sign - Any sign which is attached or suspended from a building or
other structure and any part of which projects more than twelve (12) inches from the wall surface
of that portion of the building or structure.
• Roof Sign - Any sign erected, constructed, and maintained wholly upon,
connected to, or over the roof or parapet of any building with the entire support on the roof or
roof structure.
• Secondary Sign- Is a wall, roof, or ground sign intended for the same use as a
primary sign but smaller dimensions and lettering, as allowed in Section 6.6.
• Sign - A sign is any structure, mechanically or electrically driven, still or
moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation
that is designed to be seen from outside the lot on which it is erected. It advertises activities,
goods, places, persons, objects, institutions, organizations, associations, businesses or events,
products, services, or facilities available either on the property where the sign appears or in some
other location. The definition includes electric signs in windows or doors, but does not include
window displays or merchandise. A sign may be permanent or temporary.
• Sign Size (Area)
(a). For a sign, either free-standing or attached, the area shall be considered to include all
lettering, wording and accompanying designs and symbols, together with the background,
whether open or enclosed, on which they are displayed but not including any supporting
framework and bracing which are incidental to the display itself.
(b). For a sign painted upon or applied to a building, the area shall be considered to
include all lettering, wording, and accompanying designs or symbols together with any
backing of a different color than the finish material of the building face.
(c). Where the sign consists of individual letters or symbols attached to or painted on a
surface, building, wall or window, the area shall be considered to be that of the smallest
rectangle or other convex shape which encompasses all of the letters and symbols.
Lration
Temporary Sign: A sign permitted to be used on a short-term basis for the
of no longer than sixty (60) days unless otherwise specifically provided herein.
• Wall Sign - Any sign affixed to, suspended from or painted on a wall,
window, marquee, or parapet.
6.5 Prohibitions:
• No sign shall be lighted, except by steady, stationary light, shielded and
directed solely at the sign. Internally lit signs are not allowed.
• No illumination shall be permitted which casts glare onto any residential
premises or onto any portion of a way so as to create a traffic hazard.
• No sign shall be illuminated in any residential district between the hours of
12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to
the public during those hours.
• No sign having red or green lights shall be erected within sight of a traffic
signal unless approved as non-hazardous by the Chief of Police.
• No animated, revolving, flashing, or exterior neon sign shall be permitted.
• No pennants, streamers, advertising flags, spinners or similar devices shall be
permitted, except as allowed by the board of Selectmen.
• Corner visibility shall not be obstructed.
• No sign shall be erected, displayed, or maintained upon any rock, tree, fence,
or utility pole.
• No sign shall be erected, displayed, or maintained if it contains any obscene
matter.
• Flags and insignia of any Government when displayed in connection with
commercial promotion.
• No sign shall obstruct any means of egress from a building.
• Non-accessory signs are prohibited except for directional signs as allowed in
Section 6.6, B.
• No signs shall be attached to motor vehicles, trailers or other movable objects
regularly or recurrently located for fixed display.
Article 30: Amend Zoning Bylaw— Section 8: Supplementary Regulations, Subsection 8.5:
Planned Residential Developments (PRD). Unanimous vote to amend the Town of North
Andover Zoning Bylaw, Section 8 — Supplementary Regulations, Subsection 8.5 — Planned
Residential Developments (PRD), Paragraph 7.D — Dimensional Regulations Subdivisions, in
order to specify an allowable height limitation of 35' and to change the bylaw as follows
-Height Limitation: 44-135' or 2.5 stories
Section 8.5 as amended to read as follows:
8.5 Planned Residential Development (PRD)
2. Purposes: The purpose and intent of the regulations contained in this section are to
promote the public health, safety and general welfare of the citizens of the Town by
providing for the following goals:
a. To promote the more efficient use of land in harmony with its natural features;
b. To encourage the preservation of open space;
c. To protect water bodies and supplies, wetlands, floodplains, hillsides (1994/40),
agricultural lands, wildlife, and other natural resources;
d. To permit greater flexibility and more attractive, efficient and economical design of
residential developments;
e. To facilitate economical and efficient provision of utilities;
f. To meet the town's housing needs by promoting a diversity of housing types.
3. Applicability: An application for a Planned Residential Special Permit (PRD) shall be
allowed for parcels of land in the R-1, R-2, and R-3 Districts in accordance with the
standards set forth in this section. An application for a Planned Residential Development
Special Permit shall be deemed to satisfy the requirements for Site Plan Review.
4. Permit Authority: The Planning Board shall be designated as the Special Permit Granting
Authority, and shall grant special permits for PRD's consistent with the procedures and
conditions set forth in this section as well as in Sections 10.3 and 10.31 (Special Permits)
of this Bylaw.
5. Procedure for Approval:
Preliminary Plan
The applicant must submit a preliminary plan per Section 6(G) (1994/40) and schedule
pre-application conference to discuss the proposed PRD with the Planning Board before
the submission of the final special permit application and supporting documents, to the
Board for review in a public hearing.
Final Plan Submittal
The applicant shall follow the procedures and standards contained in this section and
Section 10.3 (Special Permit) in submitting a set of final plans to the Planning Board for
review.
6. Information Required: Any applicant who desires a special permit under requirements of
this section shall submit an application in writing in such form as the Planning Board
may require which shall include at the minimum the following:
A. Development Statement: Which shall consist of a petition; a list of the parties of
interest with respect to the PRD parcel and any parcel proposed to be used pursuant to
the subsection 5a below. A list of the development team and a written statement
meeting the requirements of a site evaluation statement under the Subdivision Rules
and Regulations of the Planning Board; and setting forth the development concept
and the specific requirements of the Zoning Bylaw within a table which includes the
following information:
1. The number of units,
2. Type size (number of bedrooms),
3. Floor area,
4. Ground coverage,
5. Summary showing open space as percentages of the total area of the PRD tract,
6. Development schedule for all site improvements.
a. Copies of the proposed instruments to be recorded with the plans including the
Usable Open Space perpetual restriction, which shall be deeded to a
membership corporation, non-profit organization, trust, public agency, or the
Town of North Andover.
b. Development plans bearing the seal of a Massachusetts Registered Architect,
Registered Civil Engineer or similar professional as appropriate and
consisting o£
1. Subdivisions - All plans shall be drawn at a scale of 1"=40' showing all
site improvements and meeting, to the extent applicable, the requirements
set forth for a Definitive Plan in the Subdivision Rules and Regulations of
the Planning Board and; Site Plans — Plans submitted shall meet the
requirements contained in Section 8.3 (Site Plan Review) to the extent
applicable.
B. Review by Other Town Departments: The Planning Board shall within ten days of
receipt of an application under this section, refer the application to the Conservation
Commission, Public Works Department, Board of Health, Building Inspector, Police
Department, and Fire Department for written reports and recommendations. No
decision shall be made until such reports, are returned or thirty-five days have elapsed
following such referral without receipt of such report.
C. Findings of the Planning Board: The Planning Board may issue a special permit under
this section only if the Planning Board finds that the PRD is in harmony with the
general purpose and intent of this section and Section 10.3 (Special Permit) and that
the PRD contains residential development and open space in a variety to be
sufficiently advantageous to the Town and meets the purpose and intent of this
section, which renders it appropriate to depart from the requirements of this bylaw
otherwise applicable to the Zoning District in which the PRD parcel is located.
If a special permit is granted, the Planning Board may impose a condition thereof that
installation of municipal services and construction of roadways within the PRD shall
comply with the requirements of the Subdivision Rules and Regulations of the
Planning Board.
Further, the Regulations of the Planning Board may require sufficient security to
ensure compliance with the Subdivision Rules and Regulations, planned recreation
facilities and site amenities; and may impose additional safeguards pertaining to
public safety, welfare and convenience.
7. Development Standards:
A. Allowable Parcel Size: For each
application filed for a special permit
under this section, the applicant must
have a contiguous parcel of land, in
single or consolidated ownership at the
time of application, which is at least ten
(10) acres in size.
B. Allowable Uses: The following principal
uses are allowed in a Planned
Residential Development:
1. Single family detached houses;
2. Residential structures with up to five dwelling units per structure, utilizing
common wall construction;
3. Church or other religious purposes;
4. Agriculture on parcels greater than five (5) acres;
5. Public parks;
6. Conservation area or land preserved as permanent open space;
7. Membership clubs for the exclusive use of the residents of the development.
C. Dimensional Regulations: Site Plans
- Minimum Lot Size: Not Required
- Lot Frontage: Not Required
- All Yard Setbacks: Not Required
- Height Limitation: 30' or 2.5 stories
- Distance Between Structures: 50'
- Buffer Zone: 50' from the parcel boundary to any structure located within a PRD
Development. Said buffer shall remain open without pavement or roadway(s) and
left in its natural condition.
D. Dimensional Regulations: Subdivisions
- Minimum Lot Size: R-1 and R-2 21,780 square feet; R-3 12,500 square feet
- Lot Frontage: 100' all zoning districts
- All Yard Setbacks: 20' (1)
- Height Limitation: 35feet or 2.5 stories
- Buffer Zone: (1993/33) A fifty-foot(50')border from the parcel boundary running
the full length of the perimeter of the parcel. No structure shall be built within the
Buffer Zone. The Buffer Zone shall remain in its natural state except;
8. trees and/or shrubs may be added to improve the buffer characteristic of the
Zone, and
9. roadways perpendicular or nearly perpendicular to the Zone may be installed
to access the Site, if approved as part of this PRD Special Permit granted be
the Planning Board. Such roadways shall be minimized within the context of
sound subdivision planning practices.
1. The structure may be placed upon a side lot line without a side yard setback,
provided that the adjacent lot to which the zero setback is located has the required
side yard setback.
E. Parking Requirements: For all Planned Residential Development off-street parking shall
be provided as required by Section 8.1 (Off-Street Parking).
F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land
within the
Usable Open Space shall be defined as the part or parts of land within the PRD,
which are reserved for permanent open space or passive recreation use. The usable
open space shall be open and unobstructed to the sky. Trees, planting, arbors,
flagpoles, sculptures, fountains, outdoor open-air, passive/active recreational facilities
and similar objects shall not be considered"obstructions".
1. Usable Open Space Ratio:
a. For subdivision PRD's the minimum usable open space requirements shall be
35% of the total parcel area; and no more than 25% of the total amount of
required usable open space shall be wetland as defined pursuant to Wetlands
Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland
Protection Bylaw, Chapter 178 of the Code of North Andover.
b. For site planned PRD's, the minimum usable open space requirements shall be
50% of the total parcel area; and no more that 25% of the total required usable
open space shall be wetland as defined pursuant to Wetlands Protection Act,
M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection
Bylaw, Chapter 178 of the Code of North Andover.
2. Usable Open Space Calculation:
a. Parking areas and roadways may not be included in the calculation of open space
area, but the calculation may include required setbacks, waterways, and
walkways. If the Planning Board requires additional parking to facilitate use of
the open space, then that added parking area may be included in the calculation of
the open space.
b. For the purpose of creating townhouses, condominiums, multi-family, or similar
housing within a Site Plan Special Permit PRD and Subdivision PRD, that area of
land extending a minimum of twenty-five feet (25') from the foundation of the
residential structure, eave, door, steps or stairway, patio area, deck, balcony,
chimney or any other structure or improvement shall be excluded from the
calculation of useable open space. If a residential structure or dwelling is more
than one story tall, the minimum twenty-five foot (25') area must be measured
from the furthest point from the structure or improvement.
c. The usable open space shall be contiguous. Usable open space may still be
considered contiguous if it is separated by a roadway or an accessory amenity.
The Planning Board may waive this requirement for all or part of the required
open space where it is determined that allowing noncontiguous open space will
promote the goals of this bylaw.
d. Wastewater/Stormwater Structures: At the discretion of the Planning Board,
subsurface wastewater and stormwater management systems serving the PRD
may be located within the open space, with the approval of the Planning Board.
Surface systems, such as retention and detention ponds, shall not qualify towards
the minimum open space required.
e. Accessory Structures: The Planning Board may permit up to five percent (5%) of
the open space to be paved (pervious "paving" materials are encouraged) or built
upon for structures accessory to the dedicated use or uses of such open space (for
example, pedestrian walks and bike paths). Parking areas and areas used for
vehicular access or egress shall not constitute open space.
f. At the sole discretion of the Planning Board, the Planning Board may waive the
conditions in Section 8.5.6(F)(2) Useable Open Space Calculations if it finds that
the project satisfies the purpose and intent of the Section 8.5 and improves the
overall PRD design.
3. Ownership and Accessibility:
a. For all PRD's the Usable Open Space shall be owned in common by and readily
accessible to the owners of all the units in the PRD by any of the following
groups:
i. A non-profit organization or trust whose members are all the owners and
occupants of the units;
ii. Private organization including but not limited to the Trustees of
Reservations or Essex County Greenbelt Association whose primary
function is preservation of open space;
iii. The Town of North Andover; and Any group as indicated by the Planning
Board, which exists or is created for the purpose of preserving open space
for the owners of the units located in a PRD Project.
b. The usable open space shall be to greatest extent practicable accessible to the
general public (unless restricted) and not for the exclusive use of a homeowner,
homeowners' association or non-profit organization. For open space maintained
strictly for active agricultural purposes, public access may be limited or
completely excluded. This agricultural and access restriction shall be included as
a deed restriction running with the land.
4. Restrictions:
a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31,
(including future amendments thereto and corresponding provisions to future
laws) running to or enforceable by the Town shall be recorded in respect to such
land. Such restriction shall provide that the Usable Open Space shall be retained
in perpetuity for one or more of the following uses: conservation, agriculture, or
recreation.
b. Such restriction(s) shall be in such form and substance as the Planning Board
shall prescribe and may contain such additional restrictions on development and
use of the Usable Open Space as the Planning Board may deem appropriate.
G. Calculation of Allowable Residential
Except as noted in Subsection H below, the maximum number of buildable lots
and/or dwelling units in a PRD will be equal to the number of buildable lots and/or
dwelling units which would result from an approved conventional subdivision plan.
In order to determine the residential density of a PRD, the applicant must submit to
the Planning Board a plan which:
10. meets the criteria of a Preliminary Subdivision Plan as defined in Section IV of
the "Rules and Regulations Governing the Subdivision of Land" in effect at the
time of plan submittal,
11. is fully compliant with the "Zoning Bylaw" in effect at the time of plan submittal,
and
12. requires no zoning variances.
The Planning Board will use this plan to determine the maximum number of
buildable lots and/or dwelling units allowed in a PRD.
H. Density Bonuses
13. Affordable Housing Bonus
For all PRD's the total number of allowable lots and/or dwelling units may be
increased up to 20% if the developer designates at least 30% of the total number
of units for use in
conjunction with one or more state or federal housing assistance programs.
However, in the instance where the use of federal or state programs are not
available to the
Housing Authority, the Planning Board, after consultation with the Housing
Authority, may propose alternative methods of attaining the Affordable Housing
Bonus.
The developer shall certify, in writing to the Planning Board that the appropriate
number of dwelling units have been set aside and conveyed to the North Andover
Housing Authority(or other actions are required), before the Planning Board shall
grant any special permit with density bonus provisions.
Further, the developer shall be responsible to work with the North Andover
Housing Authority to initiate and conclude occupancy of said units within one
year of their completion. Failure to do so shall be deemed a violation of the
special permit criteria.
The granting of this bonus density shall not exempt the proposed development
from any other criteria required by this section or regulation contained in the
Town Bylaws.
14. Open Space Bonus
For multi-family PRD's, the total number of allowable dwelling units maybe
increased up to 10% if the proposed PRD provides sixty-five percent (65%)
usable open space consistent with the definition of usable open space as provided
in this section. The granting of this bonus density shall not exempt the proposed
development from any other criteria required by this section.
15. Maximum Density
Proposed PRD's may utilize both bonus provisions, i.e. affordable housing and
open space; however, the granting of bonus densities shall not exempt the
proposed development from any other criteria required by this section.
Article 31: Amend Zoning Bylaw — Section 8: Supplementary Regulations by adding_
Subsection 8.11: Wind Facilities. Unanimous vote to amend the Town of North Andover
Zoning Bylaw, by adding Section 8.11 Wind Facilities in order to allow time to make the
appropriate amendments to the Zoning Bylaw to allow the use of Wind Facilities.
Amend Zoning Bylaw by adding a new Section 8.11 to read as follows:
8.11.1 Purpose: Provide restrictions that will allow the Town adequate time to consider whether
to allow the construction and operation of on-site and utility-scale wind facilities and to provide
standards for the placement, design, construction, monitoring, modification and removal of wind
facilities that address public safety, give consideration to impacts on scenic, natural and historic
resources of the town and provide adequate financial assurance for decommissioning, to the
extent that such facilities are permitted under state laws and regulations, and if so, where and
under what conditions. This interim bylaw shall provide to the town the opportunity to study the
potential impacts of wind facilities on adjacent uses and on general public health, safety and
welfare, and to develop zoning and other applicable regulations that appropriately address these
considerations consistent with statewide regulations and permitting procedures.
8.11.2 Definition: This interim bylaw shall apply to all commercial wind facilities where the
primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
This bylaw also applies to all on-site wind facilities located at a residential, commercial,
industrial, agricultural, institutional, or public facility.
8.11.3 Interim Restriction: Wind Energy Facilities shall not be permitted in any zoning district in
the Town of North Andover so long as this Section 8.11 is effective, as set forth in Section 8.11.4
below. Use variances shall be strictly prohibited.
8.11.4 Expiration: The Moratorium shall be in effect through June 30, 2014, so that the Town of
North Andover can enact superseding zoning regulations that set forth the allowed locations,
dimensional, parking and other requirements applicable to wind energy facilities.
Article 32: Amend Zoning Bylaw — Section 8: Supplementary Regulations by adding
Subsection 8.12: Medical Marijuana Treatment Facilities. Two-third vote declared by the
Moderator to amend the Town of North Andover Zoning Bylaw, by adding Section 8.12
Medical Marijuana Treatment Center in order to allow time to make the appropriate
amendments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center.
Amend Zoning Bylaw by adding a new Section 8.12 to read as follows:
8.12.1 Purpose: Provide restrictions that will allow the Town adequate time to undertake a
planning process to address the potential impacts of Medical Marijuana Treatment Facilities, to
consider the Department of Public Health regulations regarding such Treatment Centers and
related uses, to address the potential impacts of such Treatment Centers on the town of North
Andover and to adopt new zoning regulations regarding medical Marijuana Treatment Facilities
and related uses.
8.12.2 Definition: As Medical Marijuana Treatment Center shall mean any medical marijuana
treatments center as defined under state law as a Massachusetts not-for-profit entity that acquires,
cultivates,possesses,processes (including development of related products such as food,
tincture, aerosols, oils or ointments), transfer, transports, sells, distributes dispense or administer
marijuana,products containing marijuana related supplies or educational materials to qualifying
patients or their personal caregivers, which is properly licensed and registered by the
Massachusetts Department of Public Health pursuant to all applicable state laws and regulations.
8.12.3 Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any
zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth
in Section 8.13.5 below. Use variances shall be strictly prohibited.
8.12.4 Expiration: The Moratorium shall be in effect through June 30, 2014, so that the Town of
North Andover can enact superseding zoning regulations that set forth the allowed locations,
dimensional, parking and other requirements applicable to medical marijuana uses.
Article 33: Amend Zoning Bylaw — Section 18: Downtown Overlay District,
Subsection 18.2: Permitted Uses. Unanimous vote to amend the Town of North Andover
Zoning Bylaw, Section 18 —Downtown Overlay District, Subsection 18.2 Permitted Uses.
Amend Section 18.2 by adding the following underlined language to read as follows:
SECTION 18 DOWNTOWN OVERLAY DISTRICT
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 (18 or less units)
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.
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. Multi-family dwelling(greater than 18 units)
10.
Article 34: Approve Zoning Map. Unanimous vote to accept as the official Town of North
Andover Zoning Map, the Map dated October 25, 2012.
Town of North Andover
Zoning U 1Pw
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410 , y
The 2013 Annual Town Meeting Dissolved by Unanimous Vote at 9:36PM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC, Town Clerk