HomeMy WebLinkAboutAnnual Town Meeting Minutes June 17 2021
June 17, 2021 Annual Town Meeting Minutes
Town Moderator, Mark S. DiSalvo, called the 2021 Annual Town Meeting to order at 7:01 PM on
the football field of Joe Walsh Stadium at North Andover High School, 430 Osgood Street on
Thursday June 17, 2021. The meeting was held outdoors under defined public health protocols to
assure that all members of the community who wished to attend could feel safe and comfortable
in participation.
Voter check-in occurred at the three corners of the venue. Check lists were used in electronic form
with the aid of PollPad computing devices. Six hundred and forty-one (641) voters were admitted
to the meeting.
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Moderator DiSalvo welcomed all, recognized the 375 anniversary of the founding of North
Andover, and honored the service of former Select Board members Ken Crouch and Jack Graham
who passed since the 2020 Annual Town Meeting. DiSalvo lamented the 89 members of the
community who lost their lives to COVID-19 memorialized by the display of a basket of 89 roses.
The Moderator specifically paid tribute upon the passing of former Town Moderator Charlie
Salisbury noting the presence of a single rose at the podium representing his long and distinguished
service. There was a moment of silence.
Moderator DiSalvo highlighted the contributions of Finance Committee member Thomas Ringler
upon his naturalization as a US citizen. Ringler lead the Pledge of Allegiance. DiSalvo then
attested that the past year had been one of disease - balanced by the miracle of vaccination; racial
discord followed by civic protest and jury findings of guilt; Insurrection then Inauguration; and
the pain of distance from our loved ones that we could now see and hug.
A motion was made by Chris Nobile, Chair of the Select Board, to dispense with the reading of
the warrant, and with the reading of the
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 motion or amendments need
not be read but are to be voted upon as shown or otherwise provided, in print, to the voters in
attendance. The motion was made, seconded, and unanimously approved
Articles 1 4 were acted upon under a unanimous consent agenda motion.
Article 1: Reports of Receipts and Expenditures. UNANIMOUS VOTE to accept the reports
of receipts and expenditures as presented by the Select Board in the 2020 Annual Town Report.
Select Board
Board of Selectmen Recommendation: Favorable Action
Vote Required: Majority Vote
Article 2: Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. UNANIMOUS VOTE in accordance with the provisions
of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the
Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms
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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 Select Board or the School Committee, as appropriate,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
School Committee Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 3: Authorization to Accept Grants of Easements. UNANIMOUS VOTE to authorize
the Select Board and the School Committee to accept grants of easements for access, water,
drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the
Board and Committee deem in the best interest of the Town,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
School Committee Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 4: Authorization to Grant Easements. UNANIMOUS VOTE to authorize the Select
Board and the School Committee to grant easements for access, water, drainage, sewer, roadway
and utility purposes or any public purpose on terms and conditions the Board and Committee deem
in the best interest of the Town,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
School Committee Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Vote Required: Two-thirds (2/3) Vote
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Articles 6 8 were acted upon under a unanimous consent agenda motion.
Article 6: Petition General Court-An Act to Amend the Town Charter-Chapter 9 Financial
Provisions and Procedures: UNANIMOUS VOTE to authorize, but not require, the Select
Board to petition the General Court of the Commonwealth of Massachusetts for special
legislation substantially in the form set forth below amending the Town Charter:
Notwithstanding any general or special law to the contrary and in accordance with the Home
Rule Amendment, Article II, § 8 of the Articles of Amendment to the Constitution of the
Commonwealth, as amended by Article LXXXIX, the Town of North Andover petitions the
General Court of Massachusetts for a special act to modify the following sections of the Town
Charter by deleting the language shown in strikethrough and inserting the words underlined and
in bold:
Chapter 9 Financial Provisions and Procedures
Section 6. Notice of public hearing on proposed budget and capital improvements plan and
publication of Finance Committee report
9-6-1. The Finance Committee shall conduct at least one public hearing on the proposed budget
and capital improvements plan and shall issue printed recommendations, if the recommendations
are available and detailed explanations on all financial articles, including the operating budget
and the capital improvements plan in an annual Finance Committee report. This report shall be
made available to all residents of the Town at least 21 days prior to the Annual Town Meeting,
at Town Hall, at Stevens Memorial Library, the senior center, the police station, on the Town
of North Andover website, and, by request, by e-mail and United States mail. Notice of
availability shall be published in a newspaper of general circulation. Copies of the annual
Finance Committee report shall also be made available at the Annual Town Meeting. In
preparing its recommendations, the Committee may require the Town Manager, any Town
division, department, office, board, commission or committee to furnish it with appropriate
financial reports and budgetary information.
Provided, however that the General Court may make clerical or editorial changes of form only to
the bill, unless the Board of Selectmen Select Board approves amendments to the bill before
enactment by the General Court, and that the Board of Selectmen is authorized to approve
amendments which shall be within the scope of the general public objectives of the petition.
or to take any other action in connection therewith.
Finance Committee
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
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Article 7: Amend General Bylaw Chapter 20, Article I, Housing Trust Fund. UNANIMOUS
VOTE to amend General Bylaw Chapter 20, Article I, Housing Trust Fund (by identifying text
which is deleted as strikethrough and text added as underlined):
20-1. Name.
The Trust shall be called the "Town of North Andover Affordable Housing Trust Fund."
§ 20-2. Purpose; general authority of Trustees.
The purpose of the Trust shall be to provide for the preservation, creation and use of affordable
housing in the Town of North Andover for the benefit of low- and moderate-income households
and for the funding of community housing, as defined in and in accordance with the provisions
of M. G. L. c. 44B. In furtherance of this purpose, the Trustees are hereby authorized, in
accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real
and personal property or money, both tangible and intangible, of every sort and description; and
to use such property, both real and personal, and money, in such manner as the Trustees shall
deem appropriate to carry out such purpose; provided, however, that all property held by the
Trust and the net earnings thereof shall be used exclusively for the preservation, creation, support
and use in the Town of North Andover of affordable housing for the purposes for which this
Trust was formed.
§ 20-3. Board of Trustees.
There shall be a Board of Trustees consisting of not less than five Trustees nor more than seven
Trustees who shall be appointed by the Select Board Board of Selectmen. At least one of the
Trustees shall be a member of the Select Board Board of Selectmen. Only persons who are
residents of the Town of North Andover shall be eligible to hold the office of Trustee. Trustees
shall serve for a term of two years, except that two of the initial Trustee appointments shall be
for a term of one year, and may be reappointed at the discretion of the Select Board Board of
Selectmen. Any Trustee who ceases to be a resident of the Town of North Andover shall cease to
be a Trustee hereunder and shall promptly provide a written notification of the change in
residence to the Board and to the Town Clerk. Any Trustee may resign by written instrument
signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall
die, resign, or for any other reason cease to be a Trustee hereunder before his/her term of office
expires, a successor shall be appointed by the Select Board Board of Selectmen to fill such
vacancy, provided that in each case the appointment and acceptance in writing by the Trustee so
appointed is filed with the Town Clerk. No such appointment shall be required so long as there
are five Trustees in office. Upon the appointment of any succeeding Trustee and the filing of
such appointment, the title to the Trust estate shall thereupon and without the necessity of any
conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference
to the "Trustee" shall mean the Trustee or Trustees for the time being hereunder. Nothing in this
section shall prevent a Select Board Board of Selectmen from appointing the Town Manager as
a member or Chair of the Board, with or without the power to vote.
§ 20-4. Meetings of Trust.
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The Trust shall meet at least quarterly at such time and at such place as the Trustees shall
determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of
the Open Meeting Law, MGL c. 39, §§ 23A, 23B and 23C M.G.L c. 30A, §§ 18 to 25. A
quorum at any meeting shall be a majority of the Trustees qualified and present in person.
§ 20-5. Powers of Trustees.
The Board of Trustees shall have the following powers, which shall be carried out in accordance
with and in furtherance of the provisions of MGL c. 44, § 55C and M. G. L. c. 44B:
A. With the approval of the Select Board Board of Selectmen and Finance Committee, to accept
and receive real property, personal property or money, by gift, grant, contribution, devise or
transfer from any person, firm, corporation or other public or private entity, including but not
limited to money, grants of funds or other property tendered to the Trust in connection with any
ordinance or bylaw or any general or special law or any other source, including money from
MGL Chapter 44B, provided, however, that any such money received from chapter 44B on or
after 2016 shall be used exclusively for community housing and shall remain subject to all the
rules, regulations and limitations of that chapter when expended by the trust, and such funds
shall be accounted for separately by the trust; and provided further, that at the end of each fiscal
year, the trust shall ensure that all expenditures of funds received from said chapter 44B are
reported to the Community Preservation Committee of the Town for inclusion in the Community
Preservation initiatives report, Form CP-3, to the Department of Revenue;
B. With the approval of the Select Board Board of Selectmen, to purchase and retain real or
personal property, including without restriction investments that yield a high rate of income or
no income;
C. With the approval of the Select Board Board of Selectmen and Finance Committee, to sell,
lease, exchange, transfer or convey any real property at public auction or by private contract for
such consideration and on such terms as to credit or otherwise, and to make such contracts and
enter into such undertakings relative to Trust real property as the Trustees deem advisable,
notwithstanding the length of any such lease or contract;
D. With the approval of the Select Board Board of Selectmen, to sell, lease, exchange, transfer,
or convey any personal property at public auction or by private contract for such consideration
and on such terms as to credit or otherwise, and to make such contracts and enter into such
undertakings relative to Trust personal property, notwithstanding the length of any such lease or
contract;
E. To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases, grant agreements and other instruments, sealed
or unsealed, necessary, proper or incident to any transaction in which the Board engages for the
accomplishment of the purposes of the Trust;
F. To employ advisors and agents, such as accountants, appraisers and lawyers, as the Trustees
deem necessary;
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G. To pay reasonable compensation and expenses to all advisors and agents and to apportion
such compensation between income and principal as the Trustees deem advisable;
H. To apportion receipts and charges between income and principal as the Trustees deem
advisable, to amortize premiums and establish sinking funds for such purpose, and to create
reserves for depreciation depletion or otherwise;
I. With the approval of the Select Board Board of Selectmen, to participate in any
reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of
attorney with or without power of substitution, to vote any securities or certificates of interest,
and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any
corporation and any other corporation or person;
J. With the approval of the Select Board Board of Selectmen, to deposit any security with any
protective reorganization committee, and to delegate to such committee such powers and
authority with relation thereto as the Trustees may deem proper and to pay, out of Trust property,
such portion of expenses and compensation of such committee as the Board, with the approval of
the Select Board Board of Selectmen, may deem necessary and appropriate;
K. To carry property for accounting purposes other than acquisition date values;
L. With the approval the Select Board Board of Selectmen and the approval of Town Meeting
by a two-thirds majority vote, to incur debt, to borrow money on such terms and conditions and
from such terms and conditions and from such sources as the Trustees deem advisable, and to
mortgage and pledge Trust assets as collateral;
M. With the approval of the Select Board Board of Selectmen, to disburse Trust funds for the
purpose of making loans or grants in furtherance of the creation, support or preservation of
affordable housing in North Andover upon such terms as the Trustees shall deem most
appropriate to carry out such purposes;
N. To make distributions or divisions of principal in kind;
O. To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or
against the Trust, including claims for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject to the provisions of MGL c. 44,
§ 55C, to continue to hold the same for such period of time as the Board may deem appropriate;
P. To manage or improve real property and, with the approval of the Select Board Board of
Selectmen and Town Meeting, to abandon any property which the Trustees determine not to be
worth retaining;
Q. To hold all or part of the Trust property un-invested for such purposes and for such time as
the Trustees may deem appropriate; and
R. To extend the time for payment of any obligation to the Trust.
§ 20-6. Funds paid to Trust.
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Notwithstanding any general or special law to the contrary, all moneys paid to the Trust in
accordance with any zoning bylaw, exaction fee, or private contribution shall be paid directly
into the Trust and need not be appropriated or accepted and approved into the Trust. General
revenues appropriated into the Trust become Trust property and these funds need not be further
appropriated to be expended. All moneys remaining in the Trust at the end of any fiscal year,
whether or not expended by the Board within one year of the date they were appropriated into
the Trust, remain Trust property.
§ 20-7. Acts of Trustees.
A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may
execute on behalf of the Trustees any and all instruments with the same effect as though
executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall
be required to confirm the validity of any transaction entered into by the Trustees with respect to
the Trust estate.
§ 20-8. Liability.
Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the
Town, except in the manner specifically authorized herein. The Trust is a public employer and
the Trustees are public employees for the purpose of MGL Chapter 258. The Trust shall be
deemed a municipal agency and the Trustees special municipal employees for the purposes of
MGL Chapter 268A.
§ 20-9. Taxes.
The Trust is exempt from MGL Chapter 59 and Chapter 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income imposed by the
commonwealth or any subdivision thereto.
§ 20-10. Custodian of funds; annual audit.
The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of
the Trust shall be audited annually by an independent auditor in accordance with accepted
accounting practices for municipalities.
§ 20-11. Status as governmental body.
The Trust is a governmental body for purposes of MGL c. 39, §§ 23A, 23B and 23C. 2 M. G. L.
c. 30A, §§ 18 to 25.
§ 20-12. Status as board of Town; effect of Uniform Procurement Act.
The Trust is a board of the Town for purposes of MGL Chapter 30B and MGL c. 40, § 15A; but
agreements and conveyances between the Trust and agencies, boards, commissions, authorities,
departments and public instrumentalities of the Town shall be exempt from said Chapter 30B.
§ 20-13. Duration of Trust; termination.
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This Trust shall be of indefinite duration, until terminated in accordance with applicable law.
Upon termination of the Trust, subject to the payment of or making of provisions for the
payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust
shall be transferred to the Town and held by the Select Board Board of Selectmen for affordable
housing purposes. In making any such distribution, the Trustees may, subject to the approval of
the Select Board Board of Selectmen, sell all or any portion of the Trust property and distribute
the net proceeds thereof or they may distribute any of the assets in kind. The powers of the
Trustees shall continue until the affairs of the Trust are concluded.
§ 20-14. Recording of documents.
The Select Board Board of Selectmen may authorize the Trustees to execute, deliver and record
with the Registry of Deeds any documents required for any conveyance authorized hereunder or
to carry out the purposes and powers of the Trust.
§ 20-15. Section titles.
The titles to the various sections herein are for convenience only and are not to be considered
part of said sections nor shall they affect the meaning or the language of any such section.
or to take any other action in connection therewith.
Select Board
Select Board Recommendation: Favorable Action
Affordable Housing Trust Fund: Favorable Action
Vote Required: Majority Vote
ARTICLE 8. Home Rule Petition. UNANIMOUS VOTE to authorize, but not require, the
Select Board to petition the General Court of the Commonwealth of Massachusetts for special
legislation substantially in the form set forth below amending the Town Charter:
Notwithstanding any general or special law to the contrary and in accordance with the
Home Rule Amendment, Article II, § 8 of the Articles of Amendment to the Constitution
of the Commonwealth, as amended by Article LXXXIX, the Town of North Andover
petitions the General Court of Massachusetts for a special act to modify the following
sections of the Town Charter by deleting the language shown in strikethrough and
inserting the words underlined and in bold:
Chapter 7 Appointed Town Boards
Section 11. North Andover Commission on Ability Assistance Disability Commission
7-11-1. A commission on disability issues of an indefinite, but odd, number shall be
appointed by the Select Board of Selectmen for three year overlapping terms.
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Provided, however that the General Court may make clerical or editorial changes of form
only to the bill, unless the Select Board approves amendments to the bill before
enactment by the General Court, and that the Select Board is authorized to approve
amendments which shall be within the scope of the general public objectives of the
petition.
or to take any other action in connection therewith.
Commission on Ability Assistance
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Articles 16, 21 23, 25 and 26 were acted upon under a unanimous consent agenda motion.
Article 16: Revolving Fund Spending Limits. UNANIMOUS VOTE to authorize the following
expenditure limits for revolving funds for certain Town departments under Massachusetts General
Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2021, or take any other action
related thereto:
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 21: Transfer to Stabilization. UNANIMOUS VOTE to transfer $140,162 from
available funds or Free Cash into the Stabilization Fund,
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or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 22: Transfer to Capital Stabilization. UNANIMOUS VOTE to transfer $350,000 from
available funds or Free Cash into the Capital Stabilization Fund,
or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 23: Transfer funds from Free Cash to Fiscal Year 2021 School Department
Revolving Fund. UNANIMOUS VOTE to transfer a sum of $148,551.97 from Free Cash to
the School Department Revolving Fund.
or take any other action relative thereto.
School Committee
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
School Committee Recommendation: Favorable Action
Vote Required: Majority vote
Article 25: Transfer funds from Free Cash to Fiscal Year 2022 General Fund for COVID.
UNANIMOUS VOTE to transfer a sum of $2,711,000 from Free Cash to the General Fund to
cover COVID expenses.
or take any other action relative thereto.
Select Board
Select Board Recommendation: To be made at Town Meeting
Finance Committee Recommendation: To be made at Town Meeting
Vote Required: Majority vote
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Article 26: Transfer funds from Overlay Surplus to Fiscal Year 2022 General Fund,
Assessors Department. UNANIMOUS VOTE to transfer a sum of $40,000 from Overlay
Surplus to the General Fund, Assessors Department.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority vote
Articles 18 20 were acted upon under a unanimous consent agenda motion.
Article 18: Appropriation Water Enterprise Fund for Fiscal Year 2022. UNANIMOUS
VOTE to appropriate the amount of $5,313,716 in aggregate, for the purpose listed under column
"FY22 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal
Year beginning July 1, 2021 and ending June 30, 2022; without regards to individual line items,
and to operate the Water Enterprise Fund, that $5,313,716 be raised from Water receipts and from
these receipts $1,070,661 be transferred to the General Fund for indirect cost and $50,000 to
Capital Projects,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Vote Required: Majority Vote
Article 19: Appropriation Sewer Enterprise Fund for Fiscal Year 2022. UNANIMOUS
VOTE to appropriate the amount of $5,727,752 in aggregate, for the purpose listed under the
the Fiscal Year beginning July 1, 2021 and ending June 30, 2022; without regards to individual
line items, and to operate the Sewer Enterprise Fund, that $5,727,752 be raised from sewer receipts
and from these receipts $503,840 be transferred to the General Fund for indirect expenses and
$705,000 to Capital Projects,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 20: Appropriation - Stevens Estate Enterprise Fund for FY2022. UNANIMOUS
VOTE to appropriate the amount of $73,898 in aggregate, for the purpose listed under the column
"FY22 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal
Year beginning July 1, 2021 and ending June 30, 2022; without regards to individual line items,
and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $73,898 be raised from
Stevens Estate at Osgood Hill Fund
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or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 24: Transfer funds from Free Cash to Fiscal Year 2021 General Fund for COVID
To transfer a sum up to $1,340,000 from Free Cash to the General Fund to cover COVID
expenses.
or take any other action relative thereto.
Select Board
A motion to WITHDRAW Article 24 was moved and seconded. The motion passed
UNANIMOUSLY
Select Board Recommendation: To be made at Town Meeting
Finance Committee Recommendation: To be made at Town Meeting
Vote Required: Majority vote
Article 13: Appropriation Capital Improvement Plan for Fiscal Year 2022. MAJORITY
VOTE to fund the Capital Improvement Program
Selectmen/Fiand with the language
included,
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or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 17: Appropriation General Fund for Fiscal Year 2022. SUPERMAJORITY
VOTE to raise and appropriate, transfer from available funds or otherwise provide a sum or sums
of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2021
and ending June 30, 2022,
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FY22 GENERAL FUND BUDGET
Fiscal YearFiscal Year Fiscal Year
202120222022
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
Revenues & Other Financing Sources
Operating Revenues
Property Taxes80,582,31083,489,42983,489,429
Local Receipts11,304,41010,903,46410,903,464
State Aid11,919,28111,851,58312,086,789
Operating Transfers1,690,2751,730,6051,730,605
Total Operating Revenues105,496,276107,975,080108,210,286
Other Fin. Sources
Free Cash6,195,31004,537,989
Overlay Surplus000
Others one time revenues68,92668,92668,926
Total Other Fin Sources6,264,23668,9264,606,915
Total Opr. Rev. & Fin Sources111,760,512108,044,006112,817,201
Operating Expenses
GENERAL GOVERNMENT
Town Moderator850850850
Selectmen/ Town Manager444,638452,689452,189
Finance Committee800800800
Town Accountant236,619250,064249,764
Assessing339,950359,716355,716
Treasurer/Collector 441,359425,044454,949
Legal182,855183,985183,985
Human Resource218,092226,138225,688
Town Clerk384,605310,290295,290
Conservation128,849133,250132,350
Community Development275,775252,831252,631
Planning 198,566200,728200,128
Board of Appeals21,72520,99120,166
2,874,6832,817,3752,824,505
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Fiscal YearFiscal Year Fiscal Year
202120222022
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
PUBLIC SAFETY
Police Department5,417,1385,473,7955,473,795
Fire Department5,880,3875,889,3595,888,759
Public Safety Salary Reserve52,122150,000213,830
Inspectional Services324,453323,192333,192
Emergency Management34,97435,06534,900
11,709,07511,871,41111,944,476
EDUCATION
N A Public School52,991,81854,316,61354,316,613
Full Day Kindergarten 000
Special Education000
52,991,81854,316,61354,316,613
PUBLIC WORKS
Administration550,689580,411580,211
Street & Sidewalks1,541,9951,524,3551,529,355
Solid Waste/Recycling1,410,9001,465,9001,465,500
Fleet Maintenance447,771331,750330,150
Structures & Grounds384,400389,400386,200
Snow & Ice Removal1,000,0001,000,0001,000,000
5,335,7555,291,8165,291,416
HEALTH & HUMAN SERVICES
Health Department261,603264,162263,662
Elder Services292,160298,310296,710
Youth Service401,729405,630405,130
Veterans Service424,156417,368416,668
1,379,6481,385,4701,382,170
CULTURE & RECREATION
Stevens Library1,156,8981,185,0451,160,975
1,156,8981,185,0451,160,975
SUPPORT SERVICES
Admin Support137,51754,54254,342
Outside Auditing50,00050,00050,000
Information Technology1,393,9711,408,2231,408,223
Facilites345,939349,003348,753
1,927,4281,861,7691,861,319
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Fiscal YearFiscal Year Fiscal Year
202120222022
RECAPDepartment Board of
RequestSelectmen &
Finance
Committee &
Town Manager
Recommend
DEBT SERVICE
Excluded - Principal - Long Term355,000340,000340,000
Excluded - Interest - Long Term48,82538,40038,400
Excluded - Interest - Short Term000
Included - Principal - Long Term4,219,3824,315,9364,315,936
Included - Interest - Long Term1,097,178988,715988,715
Included - Interest - Short Term000
5,720,3855,683,0515,683,051
EMPLOYEE BENEFITS
Retirement Assessment5,861,8626,286,8726,286,872
Workers Comp290,386364,590364,590
Unemployment Compensation90,000178,000178,000
Group Insurance10,732,95111,376,92811,376,928
Payroll Taxes885,605982,724982,724
Employee Benefits - Deferred Comp32,00032,00032,000
Police & Fire Accident & Sickness Inc.153,015180,775180,775
IOD (Injury on Duty)115,000115,000115,000
18,160,81919,516,88919,516,889
LIABILITY INSURANCE
361,373392,858392,858
MISC. NON DEPARTMENTAL COST
Regional Schools - Greater Lawrence Tech483,764507,953507,953
Regional Schools - Essex Agricultural School219,258365,430401,973
Payroll Salary Reserve350,6350144,730
Finance Committee Reserve1,566,69501,500,000
Reserve for Debt (MSBA)68,92668,92668,926
OPEB Trust75,00075,00075,000
2,764,2791,017,3092,698,582
Total Non - Departmental Cost27,006,85626,610,10728,291,380
Annual Town Meeting Vote 104,382,161105,339,606107,072,854
17
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 14: Report of the Community Preservation Committee Appropriation from
Community Preservation Fund. SUPERMAJORITY VOTE to receive the report of the
Community Preservation Committee and to raise, transfer and/or appropriate from the Community
18
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,
or to take any other action relative thereto.
List of Approved Projects Community Preservation Fund
Description Amount Category
Affordable Housing Trust $ 100,000 Affordable Housing
Bradstreet School memorial $ 21,000 Historic Preservation
Consultant for Housing Analysis $ 80,000 Affordable Housing
Gateway Improvements to Historic $ 303,285 Open Space-Recreation-
Causeway and Stone Arch Trail Historic Preservation
North Andover Housing Authority $ 383,669 Affordable Housing
Affordable Housing Preservation
North Andover Rail Trail-Phase 1 $ 30,900 Open Space- Recreation
Playground Master Plan- Thomson and ABECC $ 200,000 Open Space- Recreation
Ridgewood Cemetery Historic Landscape $1,148,400 Historic Preservation
Landscape Phase 9 and the Second
Burial Ground
Administrative Costs $ 50,000 Administrative Expenses
Total for Requested Projects $2,317,254
Community Preservation Committee
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 15: Set Salaries and Compensation of Elected Officials. SUPERMAJORITY VOTE
to fix the salary and compensation of the elected officers of the Town, as provided by
Massachusetts General Laws Chapter 41, §108 as follows,
19
Select Board/Licensing Commissioners, per person, per annum $5,000
Chairman of Select Board, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 5: Acceptance of Massachusetts General Laws Chapter 60, §3F:
SUPERMAJORITY VOTE to accept Massachusetts General Law Chapter 60, Section 3F which
A city, town or district that accepts this section may designate a place on its municipal
property tax bills or motor vehicle excise bills or mail with such bills a separate form whereby
taxpayers of the city, town or district may voluntarily check off, donate and pledge an amount of
money which shall increase the amount already due to establish and fund a municipal veterans
assistance fund which shall be under the supervision of the local veterans agent, the board or officer
in charge of the collection of the municipal charge, fee or fine or the town collector of taxes. Money
in the fund shall be used to provide support for veterans and their dependents in need of immediate
assistance with food, transportation, heat and oil expens
services department shall: (i) establish an application process for veterans and their dependents to
obtain assistance; (ii) establish standards for acceptable documentation of veteran status or
dependent status; and (iii) establish financial eligibility criteria for determining need and amount of
sponsible for reviewing
each applicant and fairly applying the eligibility and level-of-n
or take any other action relative thereto.
Director of Veterans Services
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 9: Transfer care and custody of land to Conservation Commission.
SUPERMAJORITY VOTE pursuant to M. G. L. c. 40, § 15A, to authorize the Select Board
to transfer to the Conservation Commission the care, custody, management, and control of a
portion of the Stevens Estate for conservation purposes, for the protection and management of
natural resources, and for the protection of the watershed resources of the Town, in perpetuity,
under the provisions of M. G. L. c. 40, § 8C and Article 97 of the Massachusetts Constitution;
20
and authorize the Select Board and/or the Conservation Commission to grant a permanent
conservation restriction meeting the requirements of M. G. L. c. 184, §§ 31-33, on said portion
identified as Area A, on the plan entitled Stevens Estate at Osgood Hill, Assessors Map 35, Lot
23, North Andover, Massachusetts, prepared by TEC of 146 Dascomb Road, Andover,
Massachusetts, 01810, dated March 24, 2021 and described in a deed recorded with the Essex
North District Registry of Deeds in Book 4197, Page 63, located at 723 Osgood Street, North
Andover and known as the Stevens Estate;
And further, to authorize the Select Board and/or the Conservation Commission to petition the
General Court of the Commonwealth of Massachusetts for approval and to seek the assent and/or
approval of the Secretary of the Executive Office of Environmental Affairs, and such other state
agencies or officials as may be required to permit such transfer and conveyance.
And further, to authorize the Select Board and/or Conservation Commission and other such
Town agencies or officials as may be appropriate to take such other actions, to execute such
agreements and execute such other documents as may be required to accomplish the foregoing.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Conservation Commission Recommendation: Favorable Action
Vote Required: Two-thirds (2/3) Vote
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Article 10: Citizen Petition-Petition General Court- Age Exemption- Marcel Cuffy.
UNANIMOUS VOTE to Petition the General Court to enact Legislation so that MARCEL
CUFFY shall be eligible to have his name certified for original appointment to the position of
FIREFIGHTER 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. MARCEL
CUFFY shall be eligible for appointment to the position of FIREFIGHTER in the Town of North
Andover if he otherwise qualifies and is selected for employment 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.
or to take any other action relative thereto.
Petition of Marcel Cuffy and others
Select Board Recommendation: Favorable Action
Vote required: Majority vote
Article 12: Citizen Petition-Petition General Court- Age Exemption- John R. Baker.
MAJORITY VOTE AS DECLARED BY THE MODERATOR to Petition the General Court
to enact Legislation so that JOHN R. BAKER shall be eligible to have his name certified for
original appointment to the position of FIREFIGHTER 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. JOHN R. BAKER shall be eligible for appointment to the
position of FIREFIGHTER in the Town of North Andover if he otherwise qualifies and is selected
for employment 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.
or to take any other action relative thereto.
Petition of Lynda Perry and others
Select Board Recommendation: Favorable Action
Vote required: Majority vote
Article 11: Citizen Petition-Petition General Court-Special Act-Change in Liquor quota-All
Alcoholic Beverages for Package Stores-Mokunj, LLC Petition the Legislature to allow the
North Andover Licensing Authority to override the provisions of Massachusetts General Law
Chapter 138 Section (17) (Number of licenses quotas; licenses for wine and malt beverages per
population unit; additional licenses; estimates of increased population; decrease in quota due to
loss in population; determination of population city or town.) for the increase in the number of All
Alcoholic Beverages Licenses for Package Stores by one (1) for Mokunj, LLC, Dharmesh Dave
Manager, 550 Turnpike Street North Andover, Massachusetts 01845.
22
or to take any other action relative thereto.
Petition of Dharmesh Dave and others
MOTION FAILED by a vote of 235 in the affirmative and 281 in the negative
Select Board Recommendation: Favorable Action
Vote required: Majority vote
Article 27: Amend Zoning Bylaw Chapter 195, Attachment 3, Table 2 Summary of
Dimensional Requirements. SUPERMAJORITY VOTE to amend Chapter 195 of the Town
2: Summary Of Dimensional Requirements, under CDD2 zoning district column, by making the
following amendments to Lot area, minimum (square feet) and Street frontage, minimum (feet)
dimensional requirements (by identifying text which is deleted as strikethrough and text added as
underlined):
Lot area, minimum (square feet) 87,120 43,560
Street frontage, minimum (feet) 250 150
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two-Thirds (2/3) Vote
Article 28: Amend Zoning Bylaw Article 4 Building and Uses Permitted. TWO-THIRDS
VOTE DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning
Bylaw, Article 4 Building and Uses Permitted, Part 3 Business and Commercial District
Permitted Uses, §195-4.10 Business 4 District, by making the following amendments (by
identifying text which is deleted as strikethrough and text added as underlined), as follows:
§ 195-4.10 Business 4 District.
A. Research and development facilities.
B. Business, professional and other offices.
C. Accessory retail, personal service and eating and drinking use shall be permitted in an amount
not to exceed 10% of the total gross floor area of the principal uses.
23
D. Personal service establishments
DE. Place of worship.
EF. Nonprofit school or private school for profit or museum.
FG. Public building or use and public service corporations.
GH. Hotel or motel (limited to one in each 2,000 linear feet of street or highway as measured
along center line).
HI. Medical center, clinic or medical laboratory.
IJ. Nursing or convalescent homes. See the dimensional requirements of Table 2.
JK. Art gallery.
KL. Swimming and/or tennis clubs shall be permitted with a special permit.
LM. Printing and reproduction.
MN. Agriculture, horticulture, floriculture, viticulture or silviculture.
(1) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and
greenhouses.
(2) On any lot of at least three acres, the keeping of a total of not more than three of any kind or
assortment of animals or birds in addition to the household pets of a family living on such lot,
and for each additional acre of lot size to five acres, the keeping of one additional animal or
bird; but not the keeping of any animals, birds, or pets of persons not resident on such lot.
(3) On any lot of at least five acres, the keeping of any number of animals or birds regardless of
ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms
and poultry batteries.
(4) The sale of products raised as a result of the above uses on the subject land.
NO. Parking, indoor storage and other accessory uses associated with the above uses, provided
that such use shall not be injurious, noxious, or offensive to the neighborhood.
OP. Day-care center by special permit.
or to take any other action relative thereto.
24
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two-Thirds (2/3) Vote
Article 29: Amend Zoning Bylaw Chapter 195, Article 18 Downtown Overlay District,
Part 2 Subdistrict A: Historic Mill Area, §195-18.13 Permitted Uses. TWO-THIRDS VOTE
DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning Bylaw,
Article 18 Downtown Overlay District, Part 2 Subdistrict A: Historic Mill Area, §195-8.13
Permitted Uses, by making the following amendments (by identifying text which is deleted as
strikethrough and text added as underlined), as follows:
§ 195-18.13 Permitted uses.
The following uses are permitted, as more specifically described below:
A. The following uses shall be permitted by right in Subdistrict A:
(1) Detached one- or two-family residential structures;
(2) Multifamily dwellings, up to six dwelling units;
(3) Townhouses;
(4) Mixed-use structures (for permitted uses);
(5) Retail sales establishments, excluding automobile service stations, car washes, body shops,
automobile repair shops, or sales of motor vehicles, of no more than 15,000 square feet of
floor area;
(6) Restaurants, cafes, or other establishments serving food and/or beverages, establishments
of no more than 15,000 square feet of floor area;
(7) Business offices \[a primary use consisting of office activities of any type, including
business and financial office activities (including banks and financial institutions) and
professional office activities, excluding automobile service stations, car washes, body
shops, or automobile repair shops\];
(8) Professional offices (a primary use consisting of office activities by a doctor, dentist,
architect, lawyer, engineer or other professional person or persons);
(9) Day-care centers;
25
(10) Halls, clubs, theaters, or other places of assembly, establishments of no more than 15,000
square feet of floor area;
(11) Places of recreation;
(12) Veterinary hospitals;
(13) Research and development facilities;
(14) Light manufacturing, including fabrication, processing, finishing, assembly, packing or
treatment of articles or merchandise, craft brewing or food processing, provided such uses
are conducted solely within a building;
(15) Printing and reproduction;
(16) Educational uses exempt from zoning prohibition by MGL c. 40A, § 3;
(17) Religious uses exempt from zoning prohibition by MGL c. 40A, § 3;
(18) Art galleries or museums;
(19) Public buildings or uses and public service corporations.;
(20) Personal service establishments.
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two-Thirds (2/3) Vote
Article 30: Amend Zoning Bylaw Chapter 195, Article 4, Part 5 Watershed Protection
District. TWO-THIRDS VOTE DECLARED BY THE MODERATOR to amend Chapter 195
of the Town of North Andover Zoning Bylaw, by amending Chapter 195, Article 4, Part 5
Watershed Protection District, 195-4.18 Boundaries and Zones, 195-4.19 Uses and building
requirements, and 195-4.20 Special permit requirements (by identifying text which is deleted as
strikethrough and text added as underlined):
Part 5 Watershed Protection District
§ 195-4.18 Boundaries and zones.
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A. The boundaries of the Watershed Protection District are shown on the Zoning Map as set forth
on a plan entitled "Sub-drainage Areas," Lake Cochichewick Watershed Plan (August 1987),
Attachment 1, dated August 1985, prepared by I.E.P., Inc., for the Town of North Andover. This
plan is hereby made a part of this bylaw and is on file in the office of the Town Clerk.
B. The Watershed Protection District shall be divided into four zones. The uses and building
requirements for each zone vary according to its proximity to the lake and wetland resource areas.
The zones are as follows:
(1) General. There shall exist a General Zone within the Watershed Protection District which
shall consist of all land located beyond 400 325 feet horizontally from the annual mean high
water mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131,
§ 40, and the Town Wetlands Bylaw) located within the watershed for all lots created on or
prior to October 24, 1994 and 400 feet horizontally from the annual mean high water mark of
Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and the
Town Wetlands Bylaw) located within the watershed for lots created after October 24, 1994.
(2) Non-dDischarge. There shall exist a General Non-Discharge within the Watershed Protection
District which shall consist of all land areas located between 250 feet and 400 325 feet
horizontally from the annual mean high water mark of Lake Cochichewick and between 150
100 feet and 400 325 feet horizontally from the edge of all wetland resource areas (as defined
by in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for lots
created on or prior to October 24, 1994 and for all land located between 250 feet and 400 feet
horizontally from the annual mean high water mark of Lake Cochichewick and between 150
feet and 400 feet from all wetland resource areas (as defined in MGL c. 131, § 40, and the
Town Wetlands Bylaw) located within the watershed for all lots created after October 24,
1994.
(3) Non-dDisturbance. There shall exist a Non-Disturbance Buffer Zone within the Watershed
Protection District which shall consist of all land areas located between 150 feet and within
250 feet horizontally from the annual mean high water mark of Lake Cochichewick, and
between 75 feet and 150 within 100 feet horizontally from the edge of all wetland resource
areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the
watershed for all lots created on or prior to October 24, 1994 and for all land located between
150 feet and 250 feet horizontally from the annual mean high water mark of Lake
Cochichewick and between 75 feet and 150 feet from all wetland resource areas (as defined
in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots
created after October 24, 1994.
(4) Conservation. There shall exist a Conservation Zone within the Watershed Protection District
which shall consist of all land areas located within 150 feet horizontally form from the annual
mean high water mark of Lake Cochichewick and within 75 feet horizontally from the edge
of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw)
located within the watershed for all lots created after October 24, 1994.
27
C. In the event that the SPGA determines, on the basis of credible evidence before it, that
there exists a significant doubt or dispute concerning the proper location of boundaries of the
Watershed Protection District on any individual lot or lots, the SPGA shall, at the request of
the owner of such lot or lots, engage a registered professional engineer to advise it in
determining such boundaries. The owner making such request shall reimburse the SPGA for
the cost of such engineer. Upon completion of the engineer's report to the SPGA, the SPGA
shall hold a hearing; such report shall be deemed evidence sufficient to establish the location
of the boundary unless rebutted by credible evidence to the contrary.
D. When the Watershed Protection District boundary divides a lot of record as of June 28,
1978, in one ownership, that portion of the lot within the Watershed Protection District must
comply with this bylaw. Where the premises are partially outside of the Watershed Protection
District, potential pollution sources such as on-site waste disposal systems shall be located
outside of the district to the extent feasible.
E. The provisions relating to the Conservation Zone shall not apply to any activities
undertaken by the Division of Public Works.
F. The provisions relating to the Conservation Zone and the enlargement of the Non-
Disturbance Zone and the Non-Discharge Zones shall only apply to lots recorded or registered
after the date of the enactment of this amendment (October 24, 1994).
Diagram 1
28
Diagram 2
§ 195-4.19 Uses and building requirements.
29
A. General Zone. There shall exist a General Zone within the Watershed Protection District which
shall consist of all land located beyond 400 325 feet horizontally from the annual mean high water
mark of Lake Cochichewick and all wetland resource areas (as defined in MGL c. 131, § 40, and
the Town Wetlands Bylaw) located within the watershed for all lots created on or prior to October
24, 1994 and 400 feet horizontally from the annual mean high water mark of Lake Cochichewick
and all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw)
located within the watershed for lots created after October 24, 1994..
(1) Allowed uses. The following uses shall be allowed in the General Zone of the Watershed
Protection District as itemized below:
(a) All permitted uses allowed in § 195-4.2, setting forth permitted uses in Residence 1, 2, and 3
Districts, of the Zoning Bylaw.
(b) All uses associated with municipal water supply/treatment and public sewer provided by the
Town of North Andover.
(c) The Division of Public Works may conduct routine maintenance of any existing use of property,
including the maintenance and improvements of existing Roadways and drainage systems.
(d) Maintenance of fire access lanes by the Fire Department.
(e) All agricultural uses, providing that such uses exercise best management practices and are
undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and
wetlands.
(2) Uses allowed by special permit. The following uses may be allowed in the General Zone of the
Watershed Protection District by the granting of a special permit issued pursuant of § 195-4.20
of this Article 4, Part 5:
(a) Golf courses, public or private, with best management practices.
(b) Any other uses not provided for elsewhere in this section.
(c) A commercial kitchen on public sewer.
(3) Prohibited uses. The following uses are specifically prohibited within the General Zone of the
Watershed Protection District:
(a) Any solid waste facility as defined by MGL c. 111, § 150A.
(b) Municipal sewage treatment facility, not including sewer lines, pump stations and other
accessory sewer system equipment used to transport sewage to a treatment facility located
outside of the district.
(c) Privately owned wastewater treatment plants.
30
(d) Road salt or other deicing stockpiles.
(e) Underground tanks or collection pits for storage of fuel or hazardous materials, including any
tanks or collection pits partially below mean ground elevation, but excluding any tanks located
completely within a building otherwise permitted under this section.
(f) Dumping of snow from outside the district.
(g) Motor vehicle salvage operations and junkyards.
(h) Car washes.
(i) Self-service laundries, unless connected to public sewer.
(j) Airplane, boat, or motor vehicle service and repair establishments (including auto body shops).
(k) Metal plating, finishing or polishing.
(l) Chemical and bacteriological laboratories.
(m) Electronic circuit assembly.
(n) Hotels or motels, unless connected to public sewer.
(o) Painting, wood preserving and furniture stripping establishments.
(p) Photographic processing establishments.
(q) Printing establishments.
(r) Dry-cleaning establishments.
(s) Storage of herbicides, pesticides or fertilizers, other than in amounts normally associated with
household or existing agricultural use.
(t) Commercial cabinet or furniture making.
(u) Commercial storage or sale of petroleum or other refined petroleum.
(v) Commercial manufacture, storage, use, transportation or disposal of any substance of such
physical, chemical or infectious characteristics as to pose a significant, actual or potential,
hazard to water supplies, or other hazard to human health if such substance or mixture were
discharged onto land or waters of this Town, including but not limited to organic chemicals,
petroleum products, heavy metals, radioactive or infectious waste, acids, and alkalis, and all
substances defined as toxic or hazardous under MGL Chapter 21C and Chapter 21E and the
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regulations promulgated there under, and also including pesticides, herbicides, solvents and
thinners.
(w) Restaurants unless connected to public sewer.
(x) Commercial kitchens unless connected to public sewer.
(4) Building requirements. All construction in the Watershed Protection District shall comply
with best management practices for erosion, siltation, and stormwater control in order to
preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to
maintain the filtration and purification functions of the land.
B. Non-Discharge Buffer Zone. There shall exist a Non-Discharge Buffer Zone within the
Watershed Protection District, which shall consist of all land areas located between 250 feet
and 400 325 feet horizontally from the annual mean high water mark of Lake Cochichewick
and between 150 100 feet and 400 325 feet horizontally from the edge of all wetland resource
areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the
watershed for lots created on or prior to October 24, 1994 and for all land located between
250 feet and 400 feet horizontally from the annual mean high water mark of Lake
Cochichewick and between 150 feet and 400 feet from all wetland resource areas (as defined
in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed for all lots
created after October 24, 1994.
(1) Allowed uses. All of the Allowed Uses listed in § 195-4.19A(1) of this Watershed Protection
District Bylaw are allowed in the Non-Discharge Buffer Zone except as noted below.
(2) Uses allowed by special permit. The following activities may be allowed within the Non-
Discharge Buffer Zone only by the granting of a special permit issued pursuant of § 195-4.20
of this Watershed Protection District Bylaw:
(a) Any surface or subsurface discharge, including, but not limited to, stormwater runoff;
drainage or any roadway that is maintained by the Division of Public Works or any private
association; outlets of all drainage swales; outlets of all detention ponds. All stormwater
management systems shall employ best management practices.
(3) Prohibited uses. The following uses are specifically prohibited within the Non-Discharge
Buffer Zone:
(a) All of the prohibited use listed in § 195-4.19CA(3) of this Watershed Protection District
Bylaw are prohibited in the Non-Discharge Zone.
(b) The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide,
herbicide) that may contribute to the degradation of the public water supply.
(c) The use of lawn care or garden products that are not organic or slow-release nitrogen.
32
(4) Building requirements. All construction in the Watershed Protection District shall comply
with the best management practices for erosion, siltation, and stormwater control in order to
preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to
maintain the filtration and purification functions of the land.
C. Non-Disturbance Buffer Zone. There shall exist a Non-Disturbance Buffer Zone within the
Watershed Protection District, which shall consist of all land areas located between 150 feet
and within 250 feet horizontally from the annual mean high water mark of Lake
Cochichewick, and between 75 feet and within 150 100 feet horizontally from the edge of all
wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw)
located within the watershed for all lots created on or prior to October 24, 1994 and for all
land located between 150 feet and 250 feet horizontally from the annual mean high water
mark of Lake Cochichewick and between 75 feet and 150 feet from all wetland resource areas
(as defined in MGL c. 131, § 40, and the Town Wetlands Bylaw) located within the watershed
for all lots created after October 24, 1994..
(1) Allowed uses. All of the allowed uses listed in § 195-4.19A(1) of this Watershed Protection
District Bylaw are allowed in the Non-Disturbance Zone except as noted.
(2) Uses allowed by special permit. The following uses shall be allowed within the Non-
Disturbance Buffer Zone only by special permit issued pursuant to§ 195-4.20 of this
Watershed Protection District Bylaw:
(a) Any activities which cause a change in topography or grade.
(b) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance
of a landscape area.
(c) Construction of a new permanent structure only after a variance has been granted by the
Zoning Board of Appeals.
(d) Replacement of any permanent structure.
(e) Any surface or subsurface discharge, including, but not limited to, stormwater runoff;
drainage of any roadway that is maintained by the Division of Public Works or any private
association; outlets of all drainage swales; outlets of all detention ponds.
(f) Construction of any accessory structure or expansion of any existing structure by less than
25% of the gross floor area if the existing structure exceeds 2,500 square feet.
(g) Construction of any accessory structure or expansion of any existing structure by less than
50% of the gross floor area if the existing primary structure is less than 2,500 square feet and
the primary structure will be connected to municipal sewer upon completion of the project.
(3) Prohibited uses. The following uses are specifically prohibited within the Non-Disturbance
Buffer Zone:
33
(a) All of the prohibited uses listed in § 195-4.19CB(3) of this Watershed Protection District
Bylaw are prohibited in the Non-Discharge Disturbance Zone.
(b) Construction of any septic system.
(c) Construction of any new permanent structure, or expansion of an existing structure except as
allowed by special permit per § 195-4.19C(2).
(d) The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide,
herbicide) that may contribute to the degradation of the public water supply.
(e) The use of lawn care or garden products that are not organic or slow-release nitrogen.
(4) Building requirements. All construction in the Watershed Protection District shall comply
with best management practices for erosion, siltation, and stormwater control in order to
preserve the purity of the groundwater and the lake; to maintain the groundwater table; and to
maintain the filtration and purification functions of the land.
D. Conservation Zone. There shall exist a Conservation Zone within the Watershed Protection
District, which shall consist of all land areas located within 150 feet horizontally from the
annual mean high water mark of Lake Cochichewick, and within 75 feet horizontally from the
edge of all wetland resource areas (as defined in MGL c. 131, § 40, and the Town Wetlands
Bylaw) located within the watershed for all lots created after October 24, 1994.
(1) Allowed uses. The following uses shall be allowed in the Conservation Zone of the Watershed
Protection District except as noted below:
(a) All uses associated with municipal water supply/treatment and public sewer provided by the
Town of North Andover.
(b) The Division of Public Works may conduct routine maintenance of any existing use of
property, including the maintenance and improvement of existing roadways and drainage
systems.
(c) Maintenance of fire access lanes by the Fire Department.
(2) Uses allowed by special permit. No special permits will be granted in the Conservation Zone.
(3) Prohibited uses.
(a) The following uses are specifically prohibited within the Conservation Zone:
\[1\] All of the prohibited uses listed in § 195-4.19C(3) of this Watershed Protection District Bylaw
are prohibited in the Non-Discharge Conservation Zone.
34
\[2\] Any activities which cause a change in topography or grade.
\[3\] Vegetation removal or cutting, other than in connection with existing agricultural uses or
maintenance of an existing landscape area.
\[4\] Construction or placement of any new permanent structures.
\[5\] Any surface or subsurface drainage, including, but not limited to, stormwater runoff.
\[6\] Animal feedlots or the storage of manure.
\[7\] Construction of any septic system.
\[8\] Construction of any accessory structure or expansion of any existing structure by 25% or
more of the gross floor area of the existing structure.
\[9\] The use of, or method of application of, any lawn care or garden product (fertilizer, pesticide,
herbicide) that may contribute to the degradation of the public water supply.
\[10\] The use of lawn care or garden products that are not organic or slow-release nitrogen.
(b) The above prohibitions shall not apply to any activities undertaken by the Division of
Public Works within its authority or to work completed in conjunction with the construction
of the municipal sewer system.
§ 195-4.20 Special permit requirements.
A. Nine Three hard copies and one electronic copy of an application for a special permit under
this Part 5 shall be filed with the SPGA. Special permits shall be granted if the SPGA determines
that the intent of the bylaw, as well as its specific criteria, is met. In making such determination,
the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control
measures proposed and the degree of threat to water quality which would result if the control
measures failed.
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two-Thirds (2/3) Vote
Article 31 Amend Zoning Bylaw Article 6: Signs and Sign Lighting Regulations. TWO-
THIRDS VOTE DECLARED BY THE MODERATOR vote to amend the Town of North
Andover Zoning Bylaw, Article 6 Signs (by identifying text which is deleted as strikethrough
and text added as underlined):
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ARTICLE 6
SIGNS AND SIGN LIGHTING REGULATIONS
§ 195-6.1 Authority and interpretation.
This bylaw is adopted, as a General Bylaw pursuant to MGL c. 93, §§ 29 through 33, inclusive,
as amended, and a Zoning Bylaw pursuant to Chapter 40-A, as amended of the General Laws of
the Commonwealth of Massachusetts. This bylaw allows adequate communication through
signage while encouraging aesthetic quality in the design, location, size and purpose of all signs.
This bylaw must be interpreted in a manner consistent with the First Amendment guarantee of
free speech. It is hereby declared to be remedial and protective, and is to be so construed and
interpreted as to secure the beneficial interests and purposes defined in § 195-6.2 of this bylaw.
§ 195-6.2 Purpose and Intent.
A. The regulation and restriction of signs within the Town of North Andover in order to protect
and enhance the visual environment of the Town for purposes of safety, convenience,
information, and the welfare of its residents.
B. The restricting of signs and lights which overload the public's capacity to receive
information, which violate privacy, or which increase the probability of accidents by
distracting attention or obstructing vision.
C. (Reserved) The reduction of visual and informational conflict among private signs and
lighting and between the private and public information systems.
D. A sign placed on land or on a building for the purpose of identification, protection or
directing persons to a use conducted therein must be deemed to be an integral but
accessory and subordinate part of the principal use of land or building. Therefore, the intent
of this article is to establish limitations on signs in order to ensure they are appropriate to
the land, building or use to which they are appurtenant and are adequate for their intended
purpose while balancing the individual and community interests identified in this section.
§ 195-6.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A-FRAME SIGN; SANDWICH BOARD
A portable, temporary sign or device capable of standing without support or attachments.
ANIMATED SIGN
Any sign that uses movement or a change of lighting to depict action or create a special
effect or scene.
BUILDING FRONTAGE
The length in feet of a ground floor level of a building front or side facing a street (or facing
a right-of-way accessible from a street) that is occupied by an individual business.
DIRECTIONAL SIGN
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A sign containing and giving direction to community (noncommercial) activities, buildings,
areas, such sign not to exceed 12 inches by 30 inches.
DISPLAY WINDOW SIGNS
Temporary signs on the surface of or inside display windows, lighted only by the general
building illumination.
ERECT
Includes 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
Includes 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
Any sign illuminated by electricity or other artificial light, including reflective or
phosphorescent light, and shall include the location of the source of illumination.
MARQUEE
Any sheltering structure of permanent construction projecting from and totally supported by
the wall and/or roof of a building.
OBSCENE
Shall have the meaning as that term is defined in MGL c. 272, § 31. MGL c. 272, § 31
defines "obscene" as follows:
A. Appeals to the prurient interest of the average person applying the contemporary standards
of the county where the offense was committed;
B. Depicts or describes sexual conduct in a potentially offensive way; and
C. Lacks serious literary, artistic, political or scientific value.
OFF-PREMISES 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 60 days.
PRIMARY SIGN
The principal accessory sign which may be a wall, roof, or ground sign, as allowed in
§ 195-6.6.
PROJECTING SIGN
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Any sign which is attached to or suspended from a building or other structure and any part
of which projects more than 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
A wall, roof, or ground sign intended for the same use as a primary sign but smaller
dimensions and lettering, as allowed in § 195-6.6.
SIGN
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 freestanding 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.
TEMPORARY SIGN
A sign permitted to be used on a short-term basis for a duration of no longer than 60 days
unless otherwise specifically provided herein.
WALL SIGN
Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet.
§ 195-6.4 Enforcement; permits; nonconforming signs; street banners.
A. Enforcement. The Building Inspector is the enforcing authority for this bylaw. hereby
designated as the Sign Officer and is hereby charged with the enforcement of this bylaw.
(1) The Building Inspector Sign Officer and his/her duly authorized agents shall, at
reasonable times and upon presentation of credentials, have the power to enter upon the
premises on which any sign is erected or maintained in order to inspect said sign.
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(2) The Building Inspector Sign Officer is further authorized, may upon notice as herein
provided, to order the repair or removal of any unpermitted sign, which in his judgment
is a prohibited sign, or is likely to become dangerous, unsafe, or in disrepair, or which
is erected or maintained contrary to this bylaw. The Building Inspector Sign Officer
shall serve a written notice and order upon the owner of record of the premises where
the sign is located and any tenant, or other persons known to him/her having control of
or a substantial interest in said sign, directing the repair or removal of the sign within a
time not to exceed 30 days after giving such notice. If such notice and order is not
obeyed within such period of time, the Building Inspector Sign Officer and his duly
authorized agents may shall, at reasonable times and upon presentation of credentials,
have the authority to enforce this section through any court of competent jurisdiction.
B. Permits.
(1) No permanent sign shall be erected, enlarged, or structurally altered without a sign
permit issued by the Building Inspector. Permits shall only be issued for signs in
conformance with this bylaw. Permit applications shall be accompanied by two prints
of scale drawings of the sign, supporting structure and location. A copy of any relevant
special permit shall also accompany the application. All ground or roof signs shall be
registered and identified as required by Section 1407.0 of the State Building Code.
C. Nonconformance of accessory signs. Any nonconforming sign legally erected prior to the
adoption of this provision may be continued and maintained. Any sign rendered
nonconforming through change or termination of activities on the premises shall be
removed within 30 days of order by the Building Inspector. No existing sign shall be
enlarged, reworded, redesigned, or altered in any way unless it conforms to the provisions
contained herein. Any sign which has been destroyed or damaged to the extent that the cost
of repair or restoration will exceed 1/3 of the replacement value as of the date of destruction
shall not be repaired, rebuilt, restored or altered unless in conformity of this bylaw.
D. Street banners or signs. No sStreet banners or signs shall be permitted unless may be
authorized advertising a timed event, by special permit from by the Select Board Board of
Selectmen. Such a sign shall be removed within seven days after the event. Street banners
and signs across public ways are not permitted.
§ 195-6.5 Prohibitions.
A. No sign shall be lighted, except by steady, stationary light, shielded and directed solely at
the sign. Internally lit signs are not allowed.
B. 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.
C. 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.
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D. No sign having red or green lights shall be erected within sight of a traffic signal unless
approved as nonhazardous by the Chief of Police.
E. No animated, revolving, flashing, or exterior neon sign shall be permitted.
F. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted.,
except as allowed by the Board of Selectmen.
G. Corner visibility shall not be obstructed.
H. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole.
I. No sign shall be erected, displayed, or maintained if it contains any obscene matter.
J. Flags and insignia of any government when displayed in connection with commercial
promotion.
KI. No sign shall obstruct any means of egress from a building.
LJ. Off-premises signs are prohibited except for directional signs as allowed in § 195-6.6B.
MK. No signs shall be attached to motor vehicles, trailers or other movable objects regularly or
recurrently located for fixed display.
NL. No off-premises signs.
L.M. A property owner may not accept a fee for posting or maintaining a sign allowed under
Section 195-6.6 and any sign that is posted or maintained in violation of this provision is
prohibited.
MN. In residential zones or on property used for non-transient residential uses, commercial
signs are prohibited.
§ 195-6.6 Permitted signs.
Permitted signs (fee required):
A. Residential Districts Residence Districts: accessory signs. The Districts: The following
signs are allowed in a Residence District as well as all other districts:
(1) Primary wall and roof signs attached to or part of the architectural design of a building
shall not exceed, in total area, more than 10% of the area of the dimensional elevation
of the building as determined by the building frontage multiplied by the floor-to-ceiling
height of the individual business or as specified in applicable sections of the bylaw.
(2) One sign, either attached or ground, indicating only the name of the owner or occupant,
street number and permitted uses or occupations engaged in thereon, not to exceed two
square feet in area. Such sign may include identification of any accessory professional
office, home occupation, or other accessory uses permitted in a Residence District.
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Ground signs shall be set back a minimum of 10 feet from all property lines and a
minimum of 40 feet from all residential districts or structures.
(3) One sign oriented to each street on which the premises has access, either attached or
ground, pertaining to an apartment development or a permitted nonresidential principal
use of the premises, such sign not to exceed 10 square feet in area.
(4) One unlighted contractor's sign, not exceeding 25 square feet in area, maintained on the
premises while construction is in process and containing information relevant to the
project. Such sign shall be removed promptly after completion of the construction.
(5) One unlighted identification sign at each public entrance to a subdivision, not
exceeding 12 square feet in area; to be removed when the subdivision roadway is
accepted by the Town.
(6) Ground signs shall be set back a minimum of 10 feet from all property lines and a
minimum of 40 feet from all residential districts or structures.
(7) Off-premises signs. Only signs pertaining exclusively to the premises on which they are
located or to products, accommodations, services or activities on the premises shall be
allowed, except that an off-premises directional sign, designating the route to an
establishment not on the street to which the sign is oriented, may be erected and
maintained within the public right-of-way at any intersection if authorized by the Select
BoardBoard of Selectmen or on private property if granted a special permit by the
Board of Appeals. Such sign shall be authorized only upon the authorizing agency's
determination that such sign will promote the public interest, will not endanger the
public safety and will be of such size, location and design as will not be detrimental to
the neighborhood. At locations where directions to more than one establishment are to
be provided, all such directional information shall be incorporated into a single
structure. All such directional signs shall be unlighted, and each shall be not over four
square feet in area.
B. Temporary signs. Temporary signs shall be allowed as provided below, and provided that
they comply with the following. Unless otherwise specified in the bylaw, temporary signs
must comply with all applicable requirements for permanent signs, including issuance of a
sign permit.
(1) Temporary signs, of not more than 12 square feet in area, require no sign permit and are
to be removed within 30 days of erection. The Building Inspector shall maintain
placement controls.
(2) One temporary unlighted real estate sign advertising the sale, rental or lease of the
premises or subdivision on which it is erected, to be no larger than 12 square feet. The
Building Inspector shall allow a sign larger than 12 square feet if the property fronts on
a state highway, such as Route 114 or Route 125, and a larger sign is needed for
legibility purposes; the total area of the sign does not exceed 10% of the wall area upon
which it is to be located. Such sign shall be removed 14 days after sale, rental or lease.
One temporary sign may be located on a property when:
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(a) The owner consents and that property is being offered for sale through a
licensed real estate agent;
(b) If not offered for sale through a real estate agent, when the sign is owned by the
property owner and that property is offered for sale by the owner through
advertising in a local newspaper of general circulation;
(c) For a period of \[15 days\] following the date on which a contract of sale has
been executed by a person purchasing the property;
(d) The sign shall be no larger than 12 square feet. The Building Inspector shall
allow a sign larger than 12 square feet if the property fronts on a state highway,
such as Route 114 or Route 125,, and a larger sign is needed for legibility
purposes; the total area or the sign does not exceed 10% of the wall area upon
which it is to be located; or
(3) One temporary unlighted sign not larger than 25 square feet indicating the name and
address of the parties involved in construction on the premises. One temporary sign
may be located on a property when:
(a) The owner or tenant intends to hold a yard sale or sell goods for one day limited
to the hours of 8 am to 5 pm.
(b) For a period of two days including the day of the sale. The sign must be
removed within two hours of the end of the sale.
(c) A temporary sign may be on the property for only three times per address per
year.
(4) Temporary signs not meeting requirements for permanent signs may advertise a time
event and shall be removed promptly within 24 hours of the time events. In any event,
the sign(s) must be removed within 30 days of erection.
(5) (Reserved) When a construction activity is taking place on a lot, one temporary
unlighted sign no larger than 25 square feet is permitted and must be removed within 15
days of an issuance of a certificate of occupancy.
(6) Temporary A-frame sign permit. The Building Inspector may issue a permit for the
temporary placement of a freestanding A-frame/sandwich sign prior to an event,
performance or activity, the sign which: i) announces a performance, an event, or is for
directional purposes; ii)i) must be securely anchored so as to not blow over, and is
professional in appearance; iii) must be removed at the close of each business day and
at the expiration of the permit; iviii) may not obstruct a public or private walkway, or
be placed on public property. The maximum area shall not exceed eight square feet on
each side, and a maximum height of five feet above the ground. The temporary permit
may impose limiting conditions, including among other matters the number allowed at
each business property location.
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(7) Unless otherwise specified in this bylaw, temporary signs pertaining to other
noncommercial issues shall require no sign permit and shall be allowed in all zoning
districts. Such signs shall be subject to the limitations set forth in Subsection B(5)
above.
(8) Identification signs or entrance markers shall not exceed a combined total of 30 square
feet; and provided that there shall be no more than two signs allowed on the premises.
C. Residence Districts: Directional signs by special permit from the Select Board Board of
Selectmen, limited as follows:
(1) Two signs for each activity, not exceeding six inches by 30 inches in size.
(2) Ground signs not exceeding eight feet in height.
D. Business and Industrial Districts: accessory signs. All signs permitted in Residence Districts
as provided in Subsections A and B, except that temporary signs may be as large as 25
square feet. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign.
Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more
than one ground sign structure.
(1) Primary wall and roof signs attached to or part of the architectural design of a building
shall not exceed, in total area, more than 10% of the area of the dimensional elevation
of the building as determined by the building frontage multiplied by the floor-to-ceiling
height of the individual business or as specified in applicable sections of the bylaw.
(2) One permanent ground sign of not more than 25 square feet in area and extending not
more than eight feet above ground level. Larger or taller signs may be allowed by
special permit of the Board of Appeals, if said Board determines that the particular sign
will not be incongruous with the district in which it is to be located nor injurious to
traffic and safety conditions therein.
(3) For premises having multiple occupants, a single sign, either attached or ground,
identifying those occupants. The total area of attached signs, including this one, shall
not exceed 10% of wall area, and the area of any freestanding sign allowed under this
subsection shall not exceed 25 square feet.
(4) Temporary unlighted signs inside windows, occupying not more than 20% of the area
of the window, require no sign permit.
(5) No sign shall project more than one foot over any public right-of-way, and all such
signs shall be covered by appropriate liability insurance as determined by the Building
Inspector and verified by a certificate of insurance filed with the Town Clerk.
(6) Service stations or garages may divide the allowed wall sign area into separate, smaller
wall signs as identifier signs indicating separate operations or departments. A
freestanding ground identification sign of 50 square feet with price sign incorporated is
allowed.
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(7) For active fuel-dispensing service stations, seeking to identify multiple tenants on the
same lot and provide pricing information may install,with multiple tenants on the same
lot: Oone single freestanding ground identification sign of 50 square feet. is allowed,
which is to include within the 50 square feet the identification of the multiple tenants on
this same lot. The service station identification/information shall be at least 60% (may
be greater) of the total freestanding ground sign. Pricing information, if advertised,
shall also be within the allotted square footage for service stations. The maximum
height (including pylons) of this freestanding ground sign shall be 16 feet from ground
level.
(8) Building directories (if located outside) may be affixed to the exterior wall of a building
at each public entrance. Such directory shall not exceed an area determined on the basis
of one square foot for each establishment occupying the building.
(9) Traffic control orientation and guidance signs located on private property, up to four
square feet in area, displayed for purposes of direction or convenience, including signs
identifying parking, fire lanes, rest rooms, freight entrances and the like.
E. Shopping centers.
(1) Signs that are are permitted in Residence Districts, are permitted in Shopping Centers,
except that temporary signs may be as large as 10 square feet.
(2) Signs attached to a building or its canopy, parallel with the facade and not projecting
above the roofline, advertising the name of a firm or goods or services available on the
premises, provided that the total area of all signs erected on any wall by any occupant
may not exceed 20% of the portion of the wall area assigned to that occupant. In no
case shall any occupant's sign total more than 200 square feet facing any single street.
(3) For any retailing complex comprising three or more enterprises on a single lot and
50,000 square feet floor area or more, one ground sign for each street on which the
development fronts., containing the name or other identification of the area occupied by
the complex. Each sign shall be no larger than 100 square feet. Such sign shall not be
located within 10 feet of any property line or the line of any way, and no part of the
sign shall be more than 20 feet above the ground level.
(4) Temporary, unlighted signs, inside windows, occupying not more than 50% of the area
of the window require no sign permit.
F. Office parks.
(1) Signs that are as permitted in Residence Districts are permitted in Office Parks, except
that temporary real estate signs may be as large as 10 square feet.
(2) One sign for each street upon which the premises has frontage, identifying a
subdivision of lots for office development. This sign shall be no greater than eight feet
in height and no larger than 20 square feet in area except where the property fronts on a
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high-speed, limited-access highway, in which case a special exception may be granted
for a larger sign if required for legibility.
(3) Signs for individual properties or tenants shall be limited to a single sign no larger than
three square feet per tenant. Individual tenants must have a letter of permission from the
property owner. The Board of Appeals may grant a special permit for an exception for a
larger area where this will not impair the legibility of other signs or be incongruous
with the surroundings, based upon a consideration of the number of occupants and
signs per building, size of building and integration of sign and building design.
G. Industrial Districts.
(1) Signs that are as permitted in Residence Districts are permitted in Industrial Parks,
except that signs placed on the property when the property is for sale, lease or
otherwise temporary real estate signs may be as large as 25 square feet. The Building
Inspector shall allow a sign larger than 25 square feet if:
(a) The property fronts a state highway, such as Route 114 or Route 125, and a larger
sign is needed for legibility purposes;
(b) The total area of the sign does not exceed 10% of the wall area it is to be located
upon. Such sign shall be removed 14 days after sale, rental or lease.
(2) Signs attached flat against the wall or canopy of a building, or projecting not more than
six feet above such wall, advertising the name of the firm or goods or services available
or produced on the premises; provided that the total area of all such signs does not
exceed 20% of the area of the side of the building to which they are attached or 200
square feet, whichever is less.
(3) One ground sign, containing the name or other identification of the use on the property,
for each street on which the property fronts; each sign is limited to an area of 100
square feet. Such sign shall not be located closer than 40 feet to any property line or 20
feet above ground level.
§ 195-6.7 Guidelines.
The following are further means by which the objectives for signs can be served. These
guidelines are not mandatory, but the degree of compliance with them shall be considered by the
Board of Selectmen, Planning Board, and Zoning Board of Appeals in acting upon special
permits authorized by the Zoning Bylaws and by the Building Inspector in issuing a sign permit
authorized under this Article 6 of the Zoning Bylaw.
A. Sign design elements. \[Amended 5-14-2019ATM by Art. 30\]
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
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(4) Sign content normally should not occupy more than 40% of the sign background,
whether a signboard or a building element.
(5) Signs should be simple, neat and avoid distracting elements, so that contents can be
quickly and easily read.
B. Environmental relationship.
(1) Sign design should take into consideration the scale of the street to which the sign is
oriented and the size, brightness, style, height and colors of other signs in the vicinity.
(2) Sign brightness should not be excessive in relation to background lighting levels, e.g.,
averaging not in excess of 100 foot-lamberts in the downtown or similarly bright areas
and not in excess of 20 foot-lamberts in unlighted outlying areas.
C. Building relationship.
(1) Signs should be sized and located so as to not interrupt, obscure or hide the continuity
of columns, cornices, roof eaves, sill lines or other elements of building structure and,
where possible, should reflect and emphasize building structural form.
(2) Sign material, colors and lettering should be reflective of the character of the building
to which the sign relates, just as sign size should be related to building size.
(3) Clutter should be avoided by not using support brackets extending above the sign or
guy wires and turnbuckles.
or take any other action thereto.
Select Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two-Thirds (2/3) Vote
Article 32: Citizen Petition-Section 195-10.2 Building Moratorium - Multi-family
Dwellings:
1. That no new building permits shall be issued for the construction of multi-family
dwellings consisting of three or more dwelling units in any zoning district in the
town.
2. Further, that the Town conduct a comprehensive study to determine the impact of
said construction on: municipal services, public schools, emergency public safety
resources including police and fire departments, sewer, roadway infrastructures,
agricultural viability of the Town's remaining farmland, motor vehicle traffic and a
plan for additional source of drinking water as well as the environmental impact of
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such construction. This includes the relation of the timing of residential development
to the Town's ability to pay under the financial limitations of Proposition 2 1/ 2.
3. This provision shall expire June 30, 2023.
Petition of Joseph Finn and others
It was moved by Rebecca Driscoll, 56 Meadow Lane at no
new building permits shall be issued for the construction of new multi-
A majority vote required for passage, the Moderator declared the Motion to Amend Passed.
MOTION FAILED by a vote of 330 in the affirmative and 239 in the negative
Select Board Recommendation: Unfavorable Action
Planning Board Recommendation: Unfavorable Action
Vote required: Two thirds (2/3) Vote
Amidst the meeting, Moderator DiSalvo commended the service of retiring Select Board members
Phil DeCologero and School Committee member David Torrisi. He welcomed newly elected
Select Board Member Janice Phillips and School Committee member Pam Pietrowski and thanked
those who assisted in the planning and conduct of the meeting. He particularly noted the presence
and assistance of just recently appointed Town Clerk Carla Dawne Warren to her first Town
Meeting in that role.
The 2021 Annual Town Meeting Dissolved upon UNANIOUS vote upon motion of Chair of
the Select Board, Chris Nobile at 9:01 PM with all articles voted.
Respectfully submitted,
Carla Dawne Warren, Town Clerk
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