HomeMy WebLinkAboutAnnual Town Meeting Minutes May 17 2022 May 17, 2022 Annual Town Meeting Minutes - FINAL
Town Moderator, Mark S. DiSalvo, called the 2022 Annual Town Meeting to order at 6:32 PM in
the Crozier Field House at North Andover High School, 430 Osgood Street on Tuesday, May 17,
2022. For immunocompromised voters, there was "masks mandatory" area in the main room. For
those who wished to both mask and social distance,there was a separate site in the cafeteria where
full participation was provided by Deputy Town Moderator, Attorney John Fouhy, along with
Patricia Sifferlen from the Town Clerk's Office.
Voter check-in occurred in the main corridor of the High School. Check lists were used in
electronic form with the aid of PollPad computing devices. One thousand four hundred and twenty
(1,420) voters were admitted to the meeting.
Moderator DiSalvo welcomed all, recognized the 376th anniversary of the founding of North
Andover and thanked the community in attendance for respecting those who are apprehensive of
large gatherings and who are now able to participate in Town Meeting. This year, DiSalvo
recognized Ukraine citizens who are fighting to save their young democracy against criminal
assault by a corrupt Russian leader. DiSalvo also recognized the representatives of the founding
families of North Andover: Nat Stevens, Brendan Foster, Stephen Foster, Kathryn Farnum, Sarah
Farnum, Cheryl Farnum, Laura Farnum and Beth Barker. He then acknowledged Ukrainian
immigrants new to North Andover: Gloria Hersom,Peter Hersom,Clara Hersom,Jackson Hersom,
Gabriel Hersom and Kevin Hersom. The old and new North Andover stood together and lead the
Pledge of Allegiance.
A motion was made by Laura M. Bates, Chair of the Select Board, to dispense with the reading of
the warrant, and with the reading of the constable's return of service of that warrant and further
moved that the Moderator not be required to read articles of the warrant verbatim,but to be allowed
to refer to articles by number and by subject matter; and further that motion or amendments need
not be read but are to be voted upon as shown, published, 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 2021 Annual Town Report,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 2: Authorization of the Town Manager or Superintendent of Schools Re2ardin2
Contracts in Excess of Three Years. UNANIMOUS VOTE in accordance with the provisions
of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the
Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms
exceeding three years, including any renewal, extension or option, provided in each instance the
longer term is determined to be in the best interest of the Town by vote of at least four(4)members
of the 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 to accept grants of easements for access, water, drainage, sewer, roadway and
utility purposes or any public purpose on terms and conditions the Board deems in the best interest
of the Town,
or to take any other action relative thereto.
Select Board
Select Board 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 to grant easements for access, water, drainage, sewer, roadway and utility purposes or any
public purpose on terms and conditions the Board deems in the best interest of the Town,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Planning Board Recommendation:Favorable Action
Vote Required: Two-thirds (2/3) Vote
Articles 17, 23 and 24 were acted upon under a unanimous consent agenda motion.
Article 17: 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, §530/2for the fiscal year beginning July 1, 2022, or
take any other action related thereto:
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FY 2023
Revolving Account Expenditure Limit
Wheelabrator Planning $ 35,000
Wheelabrator Public Safety $ 35,000
Health Dept. - Food Inspections $ 35,000
Health Dept. -Septic Inspections $ 35,000
Field Maintenance $ 5,000
Health Dept. Revolving $ 35,000
Youth and Recreation Services Revolving $ 515,000
Elder Services - COA Revolving $ 251000
Fire Department $ 20,000
School Curriculum $ 100)000
Tax Title Revolving Fund $ 100,000
Stevens Estate Revolving $ 300,000
Vehicle Replacement-Town -wide $ 75,000
Storm water Bylaw $ 50,000
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 23: Transfer to Stabilization. UNANIMOUS VOTE to transfer $221,200 from
available funds or Free Cash into the 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 24: Transfer to Capital Stabilization. UNANIMOUS VOTE to raise, appropriate and
transfer $3,200,000 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
Articles 19 and 20 were acted upon under a unanimous consent agenda motion.
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Article 19: Appropriation — Water Enterprise Fund for Fiscal Year 2023. UNANIMOUS
VOTE to appropriate the amount of$6,135,734 in aggregate, for the purpose listed under column
"FY23 Recommendation: Town Manager, Select Board, Finance Committee" for the Fiscal Year
beginning July 1, 2022 and ending June 30, 2023; without regards to individual line items, and to
operate the Water Enterprise Fund, that $6,135,734 be raised from Water receipts and from these
receipts $1,097,427 be transferred to the General Fund for indirect cost and $1,000,000 to Capital
Projects,
WATER ENTERPRISE
FY2 3
Recommendation
FY23 Town Manager
FY22 Department Select Board
Budget Request Finance Committee
Personnel 1,268,278 111017773 111893364
Expense 251351129 213477800 212793800
Debt Service 789,648 5697143 5693143
Sub-Total Direct Expenditures 47193,055 410187716 49038,307
Transfer to Capital Projects 50,000 110007000 11000,000
Ad m i n/Indirect 15070,661 110977427 15097,427
Total Water Enterprise 513135716 6,1161143 6j 357734
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 — Sewer Enterprise Fund for Fiscal Year 2023. UNANIMOUS
VOTE to appropriate the amount of $5,532,764 in aggregate, for the purpose listed under the
column "FY23 Recommendation: Town Manager, Select Board, Finance Committee" for the
Fiscal Year beginning July 1, 2022 and ending June 30, 2023; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $5,532,764 be raised from sewer receipts
and from these receipts $516,436 be transferred to the General Fund for indirect expenses and
$600,000 to Capital Projects,
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SEWER ENTERPRISE
FY2 3
Recommendation
FY23 Town Manager
FY22 Department Select Board
Budget Request Finance Committee
Personnel 509,439 436770 490,361
Expense 423,239 505,850 505,850
G LS D Assessment 2,9401000 310871000 3,087,000
Debt Service 646,234 3335116 333,116
Sub-Total Direct Expenditures 45185912 4,3625737 4,416,327
Transfer to Capitol Project 7051000 600,000 600,000
Ad m i n/Indirect 503,840 516,436 516,436
Total Sewer Enterprise 5,727J52 5,4799173 575323764
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: Amend General Bylaw- Chapter 5, Article III Council on
UNANIMOUS VOTE to amend the Town of North Andover General Bylaw, Chapter 5, Article
III. Council on the Aging as follows (by identifying text which is deleted as strikethrough and
text added as underlined):
§ 5-8. Establishment; membership
There is hereby established a local Council on Aging, consisting of I I voting members. Council
members shall be appointed by the Selects .Board for a term of three ears. e,Lv,a
flip-
§ 5-9. Duties and responsibilities.
The Council shall be responsible to the SelectBoard and its members shall serve without
compensation
. It shall be the duty of the Council to ovefseia t6a AnparqtiA:M dzyr t6a C-failtiar Allid to
advise the Director of Elder Services with regard to programs and services designed to
meet the needs of the elderly in coordination with appropriate local, state and federal agencies.
Town Manager
Select Board Recommendation: Favorable Action
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Vote Required: Majority vote
Article 6: Amend General Bylaw — Chapter 45. Town Property. UNANIMOUS VOTE to
amend the Town of North Andover General Bylaw, Chapter 45-Town Property as follows (by
identifying text which is deleted as strikethrough and text added as underlined):
§45-1. . Disposal of personal property.
Town departments may not transfer, donate, destroy or otherwise dispose of personal property
without following written procedures adopted by the Select Board in accordance with
Massachusetts General Laws, chapter 30B, Section 15.
Town Manager
Select Board Recommendation: Favorable Action
Vote Required: Majority vote
Article 7: Acquisition of 400 Great Pond Road. 2/3 VOTE AS DECLARED BY THE
MODERATOR to: (a) authorize the Select Board to acquire by gift, purchase, and/or eminent
domain, for general municipal purposes including protection of the public water supply the fee or
other interest in a parcel of land containing 7.8 acres more or less with buildings thereon located
at 400 Great Pond Road, North Andover, Massachusetts shown as Assessor's Parcel 064.0-0137
in the Town of North Andover property records, and described in Land Court Certificate number
9888 recorded with the Essex County North Registry of Deeds,which land shall be under the care,
custody, management and control of the Select Board under the provisions of G.L. c. 40, § 14; (b)
appropriate the sum of One Million Seven Hundred Thousand Dollars ($1,700,000) from the
Retained Earnings of the Water Enterprise Fund for the acquisition of said land and to authorize
expenses incidental and related thereto for the purposes of the purchase of the parcel in fee or other
interest, and costs related thereto; (c)authorize the Select Board and/or the Town Manager, as they
deem appropriate and in the best interest of the Town,to file on behalf of the Town any application
for funds in any way connected with the scope of the acquisition of said parcel, accept on behalf
of the Town any funds, gifts, grants, under any federal and/or other state program or private
donation, in any way connected with the scope of this acquisition, and to enter into all agreements
and execute any and all instruments as may be necessary or appropriate on behalf of North Andover
to effectuate the foregoing acquisition; (d) authorize the Select Board to determine the final
purchase price of the parcel and any other interest which may be acquired for the purposes stated
herein, and that the Town Manager and/or Select Board be authorized to enter into all agreements
and execute all instruments, including but not limited to grant agreements, easements, and
conservation restrictions in accordance with Massachusetts General Laws Chapter 184, on terms
and conditions they deem to be in the best interest of the Town and as may be necessary on behalf
of the Town of North Andover to affect the purchase of said parcel; (e) authorize the Select Board
and/or Town Manager, as they deem appropriate and in the best interest of the Town, to grant,
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convey, or restrict all or a portion of said land or interests therein for any purpose as may be
necessary or appropriate to effectuate the foregoing acquisition.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Planning Board Recommendation: To be made at Town Meeting
Finance Committee Recommendation: To be made at Town Meeting
Vote Required: Two thirds (2/3) vote
ARTICLE 8. Accept donation of land- Academy Road property. UNANIMOUS VOTE to:
(a) authorize the Select Board to accept by gift, donation, or otherwise, the fee interest in a parcel
of land located at Academy Road shown as Lot 1 B-B-2 on the plan entitled"Plan of Land in North
Andover, Mass." By Hayes Engineering, Inc. dated June 2, 2014, containing 27,359 square feet,
more or less shown as Assessor's Parcel 096.0-0087 in the Town of North Andover property
records, and described the deed recorded in the Essex County North Registry of Deeds at Book
14279, Page 237, which land shall be under the care, custody, management and control of the
Select Board under the provisions of G.L. c. 40, § 14; (b) authorize the Select Board and/or the
Town Manager, as they deem appropriate and in the best interest of the Town, to file on behalf of
the Town any application for funds in any way connected with the scope of the ownership of said
parcel accept on behalf of the Town any funds, gifts, grants, under any federal and/or other state
program or private donation, in any way connected with the scope of this acquisition, and to enter
into all agreements and execute any and all instruments as may be necessary or appropriate on
behalf of North Andover to effectuate the foregoing acquisition; (c) authorize the Select Board
and/or the Town Manager, to enter into all agreements and execute all instruments, including but
not limited to assignments, grant agreements, easements, and conservation restrictions in
accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to
be in the best interest of the Town and as may be necessary on behalf of the Town of North
Andover to affect the donation of said parcel; (d) authorize the Select Board and/or Town
Manager, as they deem appropriate and in the best interest of the Town, to convey or assign all or
a portion of said parcel or interests therein as may be necessary or appropriate to effectuate the
foregoing donation.
Or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Planning Board Recommendation: To be made a Town Meeting
Vote Required: Majority vote
Article 9: Withdrawal of the Police Patrol Officers from Civil Service. MAJORITY VOTE
to revoke the acceptance of Civil Service Laws for the Town of North Andover police patrol
officers, thereby removing the police force from the provisions of the Civil Service Laws, and the
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rules and regulations relating to the same, provided that this revocation will not affect the Civil
Service status of existing personnel in their current positions; or act in any other manner in relation
thereto.
Town Manager
Select Board Recommendation: Favorable Action
Vote Required: Majority vote
Article 10: Withdrawal of the Police Lieutenants from Civil Service. MAJORITY VOTE to
revoke the acceptance of Civil Service Laws for the Town of North Andover police lieutenants,
thereby removing the police lieutenants from the provisions of the Civil Service Laws, and the
rules and regulations relating to the same, provided that this revocation will not affect the Civil
Service status of existing personnel in their current positions; or act in any other manner in relation
thereto.
Town Manager
Select Board Recommendation: To be made at Town Meeting
Vote Required: Majority vote
Article 11: Withdrawal of the Police Sarteants from Civil Service. MAJORITY VOTE to
revoke the acceptance of Civil Service Laws for the Town of North Andover police sargeants,
thereby removing the police sargeant from the provisions of the Civil Service Laws, and the rules
and regulations relating to the same, provided that this revocation will not affect the Civil Service
status of existing personnel in their current positions; or act in any other manner in relation thereto.
Town Manager
Select Board Recommendation: Favorable Action
Vote Required: Majority vote
Article 12: WITHDRAWN
Article 13: Citizen Petition-Petition General Court- Abe Exemption- Jesus Melendez.
UNANIMOUS VOTE to Petition the General Court to enact Legislation so that Jesus Melendez
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 over the age of 32 before
taking the civil service examination in connection with that appointment. Jesus Melendez 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.
Jesus Melendez
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Select Board Recommendation: Favorable Action
Vote Required: Two-thirds (2/3) vote
Article 14: Appropriation - Capital Improvement Plan for Fiscal Year 2023. MAJORITY
VOTE to fund the Capital Improvement Program as listed under the heading "Select Board
/Finance Committee/Town Manager Recommendations" and with the language included,
FY23 CIP
Recommendations
Select Board Authorized to
Finance Other Funding
Committee Sources Borrow under
Retained
(Grants,Chapter Earnings/Free
Town Manager 90,CPA&Spec Raise& Cash/CIP Excess bond
Line# Project Description Recommendations Rev) Appropriated Stabilization Proceeds Chapter 44
1 Facilities Master Plan II $1,852,137 $ - $ - $ (1,852,137) $ - $ -
2 Fields Master Plan $60,000 $ - $ - $ (60,000) $ - $ -
3 Playground Improvements(townwide) $50,000 $ - $ - $ (50,000) $ - $ -
4 Internal Access to Town Manager's Suite $35,000 $ - $ - $ (35,000) $ - $ -
5 Ford F150 for Inspectional Services $32,236 $ - $ - $ (32,236) $ - $ -
6 Osgood Pond Boardwalk Design/Engineering/Permitting $279,721 $ - $ - $ (279,721) $ - $ -
7 Admin Vehicle Replacement(2)Chevy Tahoe SSV $114,287 $ - $ - $ (114,287) $ - $ -
8 Completion of unfinished jail cell area $68,280 $ - $ - $ (68,280) $ - $ -
9 HVAC Renovations for Jail Cell Area $312,836 $ - $ - $ (312,836) $ - $ -
10 Ambulance $430,000 $ - $ - $ (430,000) $ - $ -
11 NAHS and NAMS Bidirectional Antenna $105,630 $ - $ - $ (105,630) $ - $ -
12 IT Municipal(FY23-FY27) $50,000 $ - $ - $ (50,000) $ - $ -
13 Districtwide Paving $200,000 $ - $ - $ (200,000) $ - $ -
14 School Drainage $50,000 $ - $ - $ (50,000) $ - $ -
15 School IT(FY23-FY27) $200,000 $ - $ - $ (200,000) $ - $ -
16 Districtwide Exterior Maintenance/Renovations $50,000 $ - $ - $ (50,000) $ - $ -
17 Districtwide Security/Emergence Response $60,000 $ - $ - $ (60,000) $ - $ -
18 Roadways(FY23-FY27) $1,240,821 $ (820,000) $ - $ (420,821) $ - $ -
19 Culvert&Drainage Infrastructure $50,000 $ - $ - $ (50,000) $ - $ -
20 Equipment-6 Wheel Dump Truck $430,000 $ - $ - $ (430,000) $ - $ -
21 Sidewalk Reconstruction(FY23-FY27) $350,000 $ - $ - $ (350,000) $ - $ -
22 Building Maintenance&Repairs(FY23-FY27) $350,000 $ - $ - $ (350,000) $ - $ -
23 Library Public Bathroom Renovation $346,545 $ - $ - $ (346,545) $ - $ -
24 Generator $132,250 $ - $ - $ (132,250) $ - $ -
General Fund Total $ 6,849,743 $ (820,000) $ - $ (6,029,743) $ - $ -
25 Valve&Hydrant Replacements 100,000 $ - $ - $ (100,000) $ - $ -
26 Water Main Replacement 4009000 $ - $ - $ (400,000) $ - $ -
27 Sedimentation Basin Improvements 5009000 $ - $ - $ (500,000) $ - $ -
Water Enterprise Fund Total $ 1,000,000 $ - $ - $ (1,000,000) $ - $ -
28 Inupovements to various Sewer Stations $250,000 $ - $ - $ (250,000) $ - $ -
29 Sewer Collection System Improvements $250,000 $ - $ - $ (250,000) $ - $ -
30 Sewer Untiltiy Truck $100,000 $ - $ - $ (100,000) $ - $ -
Sewer Enterprise Fund Total $ 600,000 $ - $ - $ (600,000) $ - $ -
Total All Funds $ 8,449,743 $ 820,000 $ - $ 7,629,743 $ - $ -
or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Vote Required: Majority vote
Article 15: Report of the Community Preservation Committee — Appropriation from
Community Preservation Fund. MAJORITY VOTE to receive the report of the Community
Preservation Committee and to raise,transfer and/or appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of
money to be spent under the direction of the Community Preservation Committee,
or to take any other action relative thereto.
List of Recommended Projects— Community Preservation Fund
• $199,000.00 to the North Andover School Department for the creation and improvement
of cross-country trails on both existing and new trail networks surrounding the Stevens
Estate and Osgood Hill as shown on the application exhibit or amended by the applicant
as needed.
• $15,731.00 to the Friends of North Andover Trails for the construction of boardwalks and
bridges at the Mazurenko Farm Trail Network as shown on the application or amended
by the applicant as needed.
• $134,289.00 to the North Andover Historical Society for proposed restoration projects as
shown in the application as well as the granting of a Historic Preservation Restriction (to
be further negotiated) on the Johnson Cottage Complex.
• $89,300.00 to the North Andover Department of Public Works for concept design, field
investigations, and 75% design documents as detailed in the application for restoration
and capital improvements to the existing Lake Cochichewick Public Boat Ramp,
excluding trailered boats and in accordance with all existing lake access regulations.
• $100,000.00 to the Affordable Housing Trust for the design of 12 additional affordable
housing units at the Fountain Drive property as shown in the application or amended by
the applicant as needed.
• $1,100.00 to the Friends of North Andover Trails for the construction of boardwalks for
the proposed trail network expansion at 635 Osgood Street as shown on the application or
amended by the applicant as needed.
• $50,000.00 to the Stevens Memorial Library for a planning and design study to create
passive recreation space on the north lawn of the Stevens Memorial Library.
• $27,709.00 to the Planning Department & Trustees of Reservations for the creation and
repair of fencing along the Weir Hill trail network to limit immediate waterfront access to
Lake Cochichewick for the purpose of protecting the water supply as shown in the
application or amended by the applicant as needed.
• $50,000.00 for administrative expenses
Total for Requested Projects $6679129.00
Community Preservation Committee
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Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action except for 411 bullet item
Vote Required: Majority Vote
Article 16: Set Salaries and Compensation of Elected Officials. UNANIMOUS VOTE to fix
the salary and compensation of the elected officers of the Town, as provided by Massachusetts
General Laws Chapter 41, §108 as follows,
Select Board/Licensing Commissioners, per person, per annum $51000
Chairman of Select Board, per annum, in addition $500
School Committee, per person, per annum $51000
Chairman, School Committee, per annum, in addition $5 00
Moderator, For Annual Town Meeting $5 00
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 18: Appropriation—General Fund for Fiscal Year 2023. MAJORITY 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, 2022 and ending
June 30, 20231
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FY23 GENERAL FUND BUDGET
Fiscal Year Fiscal Year Fiscal Year
2022 2023 2023
RECAP Department Select Board&
Request Finance
Committee&
Town Manager
Recommend
Revenues&Other Financing Sources
Operating Revenues
Property Taxes 83,507,618 91,626,280 91,626,280
Local Receipts 11,025,966 10,965,320 10,965,320
State Aid 12,094,739 12,094,739 12,094,739
Operating Transfers 11799,531 1,840,845 1,840,845
Total Operating Revenues 108,427,854 116,527,184 116,527,184
Other Fin.Sources
Free Cash 73248,989 8,136,354 8,136,354
Overlay Surplus 0 0 0
Others one time revenues 0 0 0
Total Other Fin Sources 71248,989 8,136,354 8,136,354
Total Opr.Rev.&Fin Sources 115,676,843 124,6635538 124,663,538
Operating Expenses
GENERAL GOVERNMENT
Town Moderator 850 850 850
Selectmen/Town Manager 4527189 447,690 447,690
Finance Committee 800 800 750
Town Accountant 2491764 2491648 249,648
Assessing 355,716 399,698 398,898
Treasurer/Collector 454,949 4713197 4717197
Legal 183,985 185,117 185,117
Human Resource 225,688 296,597 243,947
Town Clerk 2951290 3271447 327,247
Conservation 132,350 1333999 132,099
Community Development 252,631 255,447 256,322
Planning 200;128 2151097 212597
Board of Appeals 20,166 219110 20,810
2982495051 3,004,695 2,9479170
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Fiscal Year Fiscal Year Fiscal Year
2022 2023 2023
Recap Department Select Board&
Request Finance
Committee &
Town Manager
Recommend
PUBLIC SAFETY
Police Department 51473,795 6,0765017 6,017,758
Fire Department 5,888,759 6,561,963 6,345,913
Public Safety Salary Reserve 213,830 33,307 0
Inspectional Services 333,192 333,793 3321293
Emergency Management 34,900 385605 32,440
11,944,476 1390439685 12,728,404
EDUCATION
N A Public School 54,316,613 5772175200 57,2171200
Full Day Kindergarten 0 0 0
Special Education 0 0 0
5493169613 5792179200 57,2179200
PUBLIC WORKS
Administration 580,211 638,973 558,991
Street&Sidewalks 1,529,355 11742,287 157741287
Solid Waste/Recycling 11465500 11590,000 1,590,000
Fleet Maintenance 3301150 3455000 3451000
Structures&Grounds 386,200 4645200 410,000
Snow&Ice Removal 1,000,000 1,158,000 1,000,000
5,2915416 5,9385460 59678,279
HEALTH&HUMAN SERVICES
Health Department 263,662 3145249 287,629
Elder Services 296,710 327,866 325,228
Youth Service 405,130 441,620 440,320
Veterans Service 4161668 4311285 429,905
11382,170 1,515,020 1,483,082
CULTURE&RECREATION
Stevens Library 1,160,975 11221,805 1,222,069
Festival Committee 0 0 20,000
1,1609975 1,2219805 19242,069
SUPPORT SERVICES
Admin Support 54,342 665547 79797
Outside Auditing 509000 605000 60,000
Information Technology 15408,223 1,538,167 1,558,167
Fac i l ites 348,753 3615272 365,222
11861,3191 2,025,9871 29063,187
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Fiscal Year Fiscal Year Fiscal Year
2022 2023 2023
Recap Department Select Board&
Request Finance
Committee &
Town Manager
Recommend
DEBT SERVICE
Excluded-Principal-Long Term 340,000 3305000 330,000
Excluded-Interest-Long Term 381400 28,350 28,350
Excluded-Interest-Short Term 0 0 0
Included-Principal-Long Term 4,315,936 414441707 3,389,218
Included-Interest-Long Term 9887715 8615955 8611955
Included-Interest-Short Term 0 0 0
5,683,051 5,665,012 4960%523
EMPLOYEE BENEFITS
Retirement Assessment 6,286,872 6,953,268 6,953,268
Workers Comp 364590 3975674 397,674
Unemployment Compensation 178,000 125,000 125,000
Group Insurance 11,376,928 12,067,894 12,067,894
Payroll Taxes 9827724 11 237,788 1,237,788
Employee Benefits-Deferred Comp 321000 605000 651000
Police&Fire Accident&Sickness Inc. 180,775 239,357 239,357
IOD(Injury on Duty) 115,000 77,098 78,000
1%516,889 21,1585079 21,163,981
LIABILITY INSURANCE
3925858 405,610 4057610
MISC. NON DEPARTMENTAL COST
Regional Schools-Greater Lawrence Tech 507,953 537,352 538,430
Regional Schools-Essex Agricultural School 401,973 4425170 418,000
Payroll Salary Reserve 144730 185,900 843,070
Payroll Retirement Reserve 0 0 581307
Finance Committee Reserve 1,500,000 1,500,000 1,500,000
Reserve for Debt(MSBA) 68,926 68,926 68,926
OPEB Trust 75,000 0 0
2,6989582 2,7349349 394269733
Total Non-Departmental Cost 28,291,380 299963,050 2996059847
Annual Town Meeting Vote 1 107,072,8541 116,482,011 112,965,237
13
Fiscal Year Fiscal Year Fiscal Year
2022 2023 2023
Recap Department Select Board&
Request Finance
Committee &
Town Manager
Recommend
CAPITAL&RESERVES
Transfer to Stabilization Fund 140,162 0 2211200
Transfer to Capital Stabilization Fund 3501000 0 3,200,000
Transfer to OPEB Trust 0 0 141,000
Transfer to Capital Project 4,047,827 0 6,029,743
Transfer to Special Education Stabilization 0 0 0
Deficits (Snow and Ice) 0 0 0
Deficits (overlay) 0 0 0
Overlay 550,000 550,000 550,000
51087,989 550,000 103141,943
STATE ASSESSMENTS
Spec Ed 31,191 29,517 29,517
Mosquito Control 1117237 1115244 111,244
Air Pollution Districts 10,620 10,620 10,620
Regional Transit 209,030 209,030 209,030
RMV Non Renewal Surc 23,160 23,160 23,160
School Choice 104,423 1135701 1131701
Charter School Assessment 152,469 159,086 159,086
6429130 656,358 656,358
[general Fund Budget 112,802,973 115,136,2601 1232763,538
AND TO FURTHER TRANSFER TO THE GENERAL FUND
FROM SPECIAL REVENUE -GLSD 1589055.37
FROM FREE CASH-to OPEB STABILIZATION 1411,000.00
299,055.37
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: Dissolution of Stevens Estate Enterprise Fund. MAJORITY VOTE to revoke
the provisions of Chapter 44, § 53FV2 of the Massachusetts General Laws, ceasing the Stevens
Estate as an enterprise fund effective Fiscal Year 2023.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
14
Finance Committee Recommendation: Favorable Action
Vote Required: Majority
Article 22: Transfer of all capital accounts for the Stevens Estate to Stevens Estate
Revolving Account. MAJORITY VOTE to transfer all capital accounts for the Stevens Estate
to the Stevens Estate Revolving Account.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority
Article 25: MSBA approval for Kittredge School: SUPER MAJORITY VOTE to
appropriate, borrow or transfer from available funds, $900,000 to be expended under the
direction of the to be formed Kittredge School Building Committee for the feasibility study for
the possible replacement or renovation of the Kittredge Elementary School Building located at
601 Main Street, North Andover for which feasibility study the Town may be eligible for a grant
from the Massachusetts School Building Authority. The MSBA's grant program is a non-
entitlement, discretionary program based on need, as determined by the MSBA, and any costs
the Town incurs in connection with the feasibility study in excess of any grant approved by and
received from the MSBA shall be the sole responsibility of the Town.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority vote
Article 26: Rescind unused and unneeded borrowing authorizations. UNANIMOUS VOTE
to rescind the following unused and unneeded portions of the following borrowing authorizations
passed by the Town: (a) $4,727 of the original $34,000 borrowing authorization passed by the
Town on June 12, 2012 (Article 25, Section 4) to replace the Fire Chief vehicle; (b) $775,598 of
the original $4,049,027 borrowing authorization passed by the Town on May 21, 2013 (Article
19) to make energy efficiency improvements to public buildings; and(c) $724 of the original
$208,875 borrowing authorization passed by the Town on May 10, 2016 (Article 24, Section 14)
for an integrated public safety reporting system;
or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
15
Vote Required: Majority vote
Article 27: Amend Zoning Bylaw—By adding Part 13 Inclusionary Housing Requirement.
2/3 VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover
Zoning Bylaw, by adding to Article 8 Supplementary Regulations a new Part 13 Inclusionary
Housing Requirement to read as follows:
ARTICLE 8 SUPPLEMENTARY REGULATIONS
PART 13 INCLUSIONARY HOUSING REQUIREMENT
195-8.95 PURPOSE AND INTENT
The purpose of this Inclusionary Housing Bylaw is to produce high-quality dwelling units
affordable to low- or moderate-income households, to encourage the provision of more housing
choices in the Town of North Andover, and to promote geographic distribution of affordable
housing units throughout the Town. At a minimum, affordable housing produced through this
bylaw should comply with the requirements set forth in MGL c. 40B, §§ 20 through 24 and other
affordable housing programs developed by state, county and local governments. It is intended
that the Affordable Housing Units that result from the bylaw be considered Local Initiative
Program ("LIP") units in compliance with the requirements for the same as specified by the
Department of Housing and Community Development ("DHCD") and be eligible to be included
on the Town's subsidized housing inventory("SHI"). Accordingly, the provisions of this bylaw
are intended to:
A. Increase the supply of rental and ownership housing in the Town that is permanently
available to Income Eligible Households;
B. Create affordable housing that will qualify for inclusion in the SHI in order to reach and
maintain a minimum of 10% affordable housing in the Town's housing stock and to
establish standards and guidelines in order to implement the foregoing;
C. Promote public health, safety, and welfare by encouraging diversity and distribution of
housing to meet the needs of families and individuals in the Town;
D. Provide for housing choices for households of all incomes, ages, and sizes;
E. Prevent the displacement of low- and moderate-income residents;
F. Provide opportunities for conventional residential and mixed use developments to
contribute to increasing the supply of affordable housing;
To achieve the above-stated purposes and intentions, the Town requires newly created housing
developments to include a proportion of housing units that shall be affordable to Income Eligible
Households.
195-8.96 DEFINITIONS
For purposes of this Inclusionary Housing Bylaw, the following definitions shall apply. To the
extent that there is any conflict between the definitions set forth in this Section 195-8.96 and
other sections of the Town of North Andover's Zoning Bylaw, the definitions of this bylaw shall
16
govern. All other capitalized terms not specifically defined in this Section 195-8.96 shall have
the meaning provided in the other sections of the Town of North Andover's Zoning Bylaw.
Affordable Housing Restriction: A use or deed restriction acceptable in form and substance to
DHCD and the Town that imposes restrictions on Affordable Housing Units to make such units
affordable to Income Eligible Households which meets the requirements of DHCD's LIP or any
successor program established by DHCD for purposes of SHI eligibility; and causes the
Affordable Housing Units to be eligible for inclusion on the SHI. An Affordable Housing
Restriction shall run with the land in perpetuity or for the maximum period of time allowed by
law, and be enforceable under the provisions of Chapter 184, Sections 26, 31, and32 of the
Massachusetts General Laws.
Affordable Housing Trust Fund: A fund account established by the Town Affordable Housing
Trust pursuant to Chapter 44, Section 53A, et seq. of the Massachusetts General Laws for the
purpose of encouraging, creating, subsidizing or preserving affordable housing in the Town.
Affordable Housing Unit: A housing unit in a development subject to this bylaw that is required
to be sold or rented to, as applicable, and occupied by an Income Eligible Household.
Area Median Income (AMI): The area median household income as determined by HUD,
adjusted for household size, for the metropolitan area that includes the Town.
DHCD: The Massachusetts Department of Housing and Community Development, or any
successor agency.
HUD: The United States Department of Housing and Urban Development, or any successor
agency.
Inclusionary Housing Bylaw: Sections 195-8.95 to 198-8.108 of the Town of North Andover
Zoning Bylaw.
Income Eligible Household: A household of one or more persons whose annual income does
not exceed eighty percent(80%) of AMI and meets the applicable requirements established by
DHCD's LIP.
Local Initiative Program (LIP): A program administered by DHCD pursuant to 760 CMR
56.00 to develop and implement local housing initiatives that produce low- and moderate-income
housing, with or without a comprehensive permit issued pursuant to Chapter 40B, Sections 20-23
of the Massachusetts General Laws.
Local Action Units (LAU): A component of the LIP under which housing units that are created
through municipal actions other than a comprehensive permit receive LIP approval and are
eligible for inclusion on the SHI.
Market-rate Housing Unit: A housing unit in a development subject to this Section that is not
an Affordable Housing Unit.
Subsidized Housing Inventory (SHI): The list compiled by DHCD containing the count of
eligible low-or moderate-income housing by a city or town pursuant to 760 CMR 5 6.00, Chapter
40B of the Massachusetts General Laws, and applicable DHCD guidelines.
17
195-8.97 APPLICABILITY
A. Any proposed residential or mixed-use developments containing more than seven(7)
rental or ownership housing units on any parcel or contiguous parcel(s) comprising a
proposed site shall be subject to the requirements of this Inclusionary Housing Bylaw.
Applicable developments include those that are proposed to contain homes within a
Planned Residential Development, two-family, multi-family dwelling units, Continuing
Care Retirement Center, and Independent Elderly Housing whether by new construction,
conversion, adaptive reuse, expansion of an existing building or structure, or any
combination thereof.
B. This bylaw shall not apply to Article 19, the Mixed Use Overlay District, of this
bylaw because Section 195-19.16 requires that no less than fifteen percent of the net
new housing units allowed under the Master Development Plan shall be affordable
units as defined therein.
C. Developments shall not be segmented or phased to avoid compliance with requirements
of this Inclusionary Housing Bylaw. However, nothing in this Section 195-8.97.
prohibits the phased development of a project.
D. This Inclusionary Housing Bylaw shall not apply to the proposed rehabilitation of any
building or structure, all or substantially all of which is destroyed or damaged by fire or
other casualty or a natural disaster as long as such proposed rehabilitation does not
increase the density, or size of any such building or structure which previously existed
prior to the damage or destruction thereof.
E. This Inclusionary Housing Bylaw shall not apply to the proposed rehabilitation or
replacement of any housing units in existence at the time of adoption of this
Inclusionary Housing Bylaw and shall only apply to net new units that increase the
density of such existing buildings or structures.
195-8.98 SPECIAL PERMIT:
The development of any project set forth in Section 195-8.97 (above) shall require the
grant of a Special Permit from the Planning Board, as SPGA. A Special Permit shall be
granted if the proposal meets the requirements of this bylaw so long as it is not
inconsistent with other provisions of this bylaw.
195-8.99 MANDATORY PROVISION OF AFFORDABLE UNITS
A. As a condition of approval for a Special Permit, the applicant shall contribute to the local
stock of Affordable Housing Units in accordance with the following requirements:
a. As a condition of approval for a Special Permit in a development subject to this
Inclusionary Housing Bylaw, the applicant shall contribute at least fifteen percent
(15%) of the total housing units in development subject to this bylaw as Affordable
Housing Units in any one or combination of methods provided for below:
1. Constructed or rehabilitated on the locus subject to the Special Permit (see
Section 195-8.100); or
2. Constructed or rehabilitated on a locus different than the one subject to the
Special Permit (see Section 195-8.101); or
18
3. An equivalent fees-in-lieu of payment may be made (see Section 195-8.102).
b. Continuing Care Retirement Centers or an Elderly Housing Development shall
contribute at least five percent of the total number of housing units in the
development as Affordable Housing Units in any one or combination of methods
provided for above.
c. The applicant may offer, and the SPGA may accept, any combination of the Section
195-8.99-A.a.1-3 requirements provided that in no event shall the total number of
units provided be less than the equivalent number or value of Affordable Housing
Units required by this bylaw.
d. For purposes of this bylaw, any calculation of required Affordable Housing Units that
results in the fractional or decimal equivalent of three-quarters (.75) or above shall be
increased to the next highest whole number. Nothing in this bylaw shall preclude a
developer from providing additional affordable units, or greater affordability, or both,
than the minimum requirements. In no instance shall any permit or Special Permit
approval create less than one Affordable Housing Unit or provide applicable fees-in-
lieu payment.
e. As a condition for the granting of a Special Permit, all Affordable Housing Units
shall be subject to an Affordable Housing Restriction. The Special Permit shall not
take effect until the Affordable Housing Restriction is approved by Town Counsel
and DHCD; the Special Permit is recorded at the North Essex Registry of Deeds; and
a copy provided to the Planning Board and the Inspector of Buildings.
f. Affordable Housing Units shall be sold or rented, as applicable, to Income Eligible
Households at sales prices or rents that are affordable to Income Eligible Households
pursuant to an Affordable Housing Restriction. Developers may participate in public
subsidy programs for developments subject to this bylaw. To the extent that one or
more other rent or sale price restrictions apply to a development containing
Affordable Housing Units, the more restrictive rent or sale price restrictions shall
apply to the Affordable Housing Units.
g. In the case a development is built in phases, Affordable Housing Units shall be
developed in the same proportion as the overall number of housing units contained in
the development.
B. To facilitate the objectives of this Section 195-8.99, modifications to the dimensional
requirements in any zoning district may be permitted for any project under these
regulations, as the applicant may offer and the SPGA may accept, subject to conditions
below:
a. Floor Area Ratio (FAR) Bonus: The FAR normally permitted in the applicable
zoning district for residential uses may be increased by up to thirty(30) percent for
the inclusion of the Affordable Housing Units in accordance with Section 195-
8.99A.a above, and at least fifty(50) percent of the additional FAR should be
allocated to the Affordable Housing Units. In a mixed-use development, the
increased FAR may be applied to the entire lot, however, any gross floor area
increase resulting from the increased FAR shall be occupied only by residential uses,
exclusive of any hotel or motel use.
19
b. Density Bonus: The SPGA may allow the addition of one Market-rate Housing Unit
more than allowed in the zoning district for each Affordable Housing Unit provided
in addition to the number of the Affordable Housing Units that are required by the
bylaw. The minimum lot area per dwelling unit normally required in the applicable
zoning district may be reduced by that amount necessary to permit up to one (1)
additional Market-rate Housing Unit for each one the Affordable Housing Unit
provided in addition to those that are required by the bylaw.
c. Voluntary Inclusionary Housing Bonus: New affordable housing development that is
not subject to Section 195-8.97 and exceeds the requirements specified in Section
8.99.A.as may receive the same benefits specified in Sections 195-8.99.B.a and 195-
8.99.B.b when the development is approved by the SPGA. The net increase in
housing units shall not exceed fifty percent (50%) of the original property yield
before any FAR or density bonuses were applied.
195-8.100 PROVISIONS APPLICABLE TO AFFORDABLE HOUSING UNITS ON-
and OFF-SITE:
A. Siting of affordable units: All Affordable Housing Units constructed or rehabilitated
under this bylaw shall be proportionately distributed throughout the development and
shall, on average, be no less accessible to public amenities, such as open space, as the
Market-rate Housing Units.
B. Minimum design and construction standards for affordable units: Affordable Housing
Units shall be integrated with the rest of the development and shall be compatible in
exterior building materials and finishes, design, appearance, construction, overall
construction, and energy efficiency, including mechanical equipment and plumbing,
insulation, windows, and heating and cooling systems, as determined by the Inspector of
Buildings.
C. Affordable Housing Units must comply with the Local Action Unit requirements of
DHCD so that they are eligible to be included on the SHI.
D. The owners or renters, as applicable, of Affordable Housing Units shall have all rights
and privileges afforded to owners or renters of Market-rate Housing Units, including
access to all non-fee amenities within the development.
E. Timing of construction or provision of Affordable Housing Units or lots: Where feasible,
Affordable Housing Units shall be provided coincident to the development of Market-rate
Housing Units, but in no event shall the development of Affordable Housing Units be
delayed beyond the schedule noted below:
Market-rate Housing Unit % Complete)* Affordable Housing Unit (% Required)*
<30% -
30%plus 1 unit 10%
Up to 50% 30%
Up to 75% 50%
75%plus 1 unit 70%
Up to 99% 100%
*the unit count is rounded up to the nearest whole number.
20
F. Affordable Housing Units shall be made available for purchase or rent to Income Eligible
Households under an Affirmative Fair Housing Marketing Plan that complies with
federal and state fair housing laws and is approved by the Town's monitoring agent and
DHCD. No Building Permit for a development subject to this bylaw shall be issued
unless the Director of Community and Economic Development has determined that the
applicant's affirmative marketing plan complies with this Section 195-8.99. The
affirmative marketing costs for the Affordable Housing Units shall be the responsibility
of the applicant.
195-8.101 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE:
As an alternative to the requirements of Section 195-8.100, an applicant subject to the
bylaw may develop, construct or otherwise provide Affordable Housing Units equivalent
to those required by Section 195-8.99 off-site. All requirements of this bylaw that apply
to on-site provision of Affordable Housing Units, shall apply to provision of off-site
Affordable Housing Units, except for those units that are built and constructed pursuant
to Section 195.8.100(A) & (B). In addition, the location of the off-site units to be
provided shall be approved by the SPGA as an integral element of the Special Permit
review and approval process.
195-8.102 FEES-in-LIEU-of AFFORDABLE HOUSING UNIT PROVISION:
A. As an alternative to the requirements of Section 195-8.100 or Section 195-8.101, an
applicant proposing a homeownership development containing more than seven (7)
housing units may petition the SPGA for permission to make cash payment upon a
showing that it is economically unfeasible. The SPGA may require the applicant to meet
with the North Andover Affordable Housing Trust to explore alternatives and may retain
a third-party consultant to review the applicant's financial basis for the request of making
a cash payment to the Town in lieu of developing Affordable Housing Units consistent
with the requirements in this Section 19 5-8.99.
B. Approval for cash fees-in-lieu shall only be granted by the SPGA in strict accordance
with the following:
a. After making a finding that the applicant has clearly demonstrated that providing such
Affordable Housing Unit(s) would make the development economically infeasible.
b. Calculation of fees-in-lieu of units: The fee-in-lieu of the construction or provision of
Affordable Housing Units will be equal to the difference between the full and fair
market value of a comparable Market-rate Housing Unit and the affordable price of
the applicable Affordable Housing Unit, as calculated consistent with Section 195-
8.103. The SPGA will make the final determination of the fee-in-lieu, and may
retain a third-party consultant to review the applicant's full and fair market value of
the comparable Market-rate Housing Unit.
c. Schedule of fees-in-lieu-of-unit payments: Fees-in-lieu-of-unit payments shall be
made according to the schedule set forth in Section 195-8.100(E), above. The cash
payment shall be made to the Affordable Housing Trust Fund.
21
C. Creation of Affordable Units: Cash contributions made to the Affordable Housing Trust
Fund in accordance with Section 195-8.102 shall be used only for purposes of providing
affordable housing for low- or moderate-income households through a variety of means
consistent with the purpose of the AHTF_
195-8.103 MAXIMUM INCOMES AND SELLING PRICES: INITIAL SALE:
A. Documents necessary to ensure the Affordable Housing Units are eligible for LIP
approval and inclusion on the SHI as required by DHCD shall be submitted to the SPGA.
B. The maximum sales price or Affordable Housing Units created under this bylaw shall
comply with DHCD's LIP.
C. Eligibility for the purchase or rental, as applicable, of an Affordable Housing Unit
created pursuant to this bylaw shall be determined by DHCD.
195-8.104 PRESERVATION of AFFORDABILITY; RESTRICTIONS ON RESALE
A. Each Affordable Housing Unit created in accordance with this bylaw shall be subject to
resale restrictions that meet the requirements of DHCD's LIP. (Section 195-8.99). The
purpose of these limitations is to preserve the long-term affordability of the Affordable
Housing Units and to ensure such units' continued availability to Income Eligible
Households. The resale restrictions shall be established through an Affordable Housing
Restriction .
a. The SPGA shall require, as a condition for Special Permit under this bylaw, that
the applicant comply with the mandatory set-asides and accompanying restriction
on affordability that are consistent with the requirements under this bylaw,
including the execution of an Affordable Housing Restriction that noted in
Section 195-8.104.A. above.
b. The SPGA shall require, as a condition for Special Permit approval under this
bylaw, that the applicant comply with the conditions of the DHCD universal deed
rider, including but not limited to requirements regarding owner occupancy.
B. For developments subject to this bylaw:
a. No Certificate of Occupancy shall be issued until an Affordable Housing
Restriction in the form of a LIP regulatory and use agreement approved by DHCD
has been fully executed and recorded at the North Essex Registry of Deeds.
195-8.105 Enforcement
A. Legal Restrictions: All agreements with the Town, including restrictive instruments and
other documents necessary to ensure compliance with this bylaw other than an
Affordable Housing Restriction, shall be subject to prior written review and approval by
Town Counsel, and shall be executed prior to the issuance of a Building Permit in the
development.
B. Performance Bond Guarantee: Prior to the issuance of a building permit the applicant
shall submit a performance bond secured by a deposit or negotiable securities. The
performance bond secured by the applicant shall be in an amount no less than the
calculated payment-in-lieu for the total number of proposed Affordable Housing Units.
22
195-8.106 Local Initiative Program Requirements
The applicant shall be responsible for preparing and submitting any documentation that
may be required to receive LIP approval and to qualify the Affordable Housing Units for
listing on the SHI. The applicant shall also be responsible for providing annual
compliance monitoring and certification to the Town or its monitoring agent and to pay
for the costs of the Town for providing such compliance monitoring.
195-8.107 Conflict with other Bylaws and Other Requirements
A. The provisions of this Inclusionary Housing Bylaw shall be considered supplemental of
existing zoning bylaws. To the extent that a conflict exists between this bylaw and
others, the more restrictive bylaw or provisions therein, shall apply.
B. The provisions of this bylaw shall be considered supplemental of DHCD's LIP and LAU
requirements. To the extent that a conflict exists between this bylaw or the Special Permit
and DHCD's requirements, DHCD's requirements shall apply.
195-8.108 Severability
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the
remainder of the bylaw shall not be affected thereby. The invalidity of any section or
sections or parts of any section or sections of this Inclusionary Housing Bylaw shall not
affect the validity of the remainder of the Town of North Andover's Zoning Bylaw.
Or take any 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—By adding Article 19 Mixed Use Overlay District
To amend the Town of North Andover Zoning Bylaw, by adding to
Article 19 Mixed Use Overlay District to read as follows:
ARTICLE 19
MIXED USE OVERLAY DISTRICT
PART 1. Purpose and Intent.
§195-19.1 Purpose
The purpose of the Overlay District is to enable the redevelopment of a mixed-use development
that provides goods, services and a variety of housing opportunities; to encourage preservation of
Open Space, and to create a sustainably built, vibrant, walkable, pedestrian- and bicycle-friendly
environment within the Overlay District.
§195-19.2 Intent
23
The intent of the Overlay District is to establish reasonable standards that permit and control mixed
residential, commercial, governmental, institutional, hotel, and office Uses within the Overlay
District in the Town of North Andover. Furthermore, it is the intent of this Overlay District to:
A. Control the master-planned design of commercial and residential redevelopment along
Route 114/125 adjacent to Merrimack College in such a manner that encourages sound
site planning, appropriate land use, and economic redevelopment and to promote public
health, safety, and welfare by encouraging the development of a diversity of housing
types;
B. Provide for a full range of housing choices for households of all incomes, ages, and sizes;
C. Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-
effective development review and permitting;
D. Establish standards to allow context-sensitive design and creative site planning;
E. Minimize visual and functional conflicts between residential and nonresidential Uses
within and abutting the Overlay District;
F. Encourage a mix of Uses within a single Structure and first-floor commercial spaces;
G. Encourage more efficient and economical parking facilities;
H. Accommodate a compatible mixture of Uses that complement existing adjoining
commercial, higher education and residential Uses within the Route 114/125
transportation corridor;
I. Serve as a transition area between neighboring commercial, educational and residential
properties by ensuring that the appearance and effects of Buildings and Uses are
harmonious with the character of the area; and
J. Allow flexibility under Development Project Plan Approval in the development of tracts
of land in accordance with the goals and objectives in the Town of North Andover Master
Plan.
§195-19.3 Definitions.
For the purpose of this Article 19, the following definitions shall apply and shall supersede those
set forth in Article 2. Capitalized terms used but not defined herein shall have the meanings set
forth in the Plan Approval Authority Rules and Regulations, or, if not defined therein, as set forth
in Article 2.
APPLICANT
24
A person that files an application for Development Pro j ect Plan Approval and/or Special
Permit and/or other approval pursuant to the Article 19. If the Applicant is not the owner
of the real property on which the Development Project is proposed, then the Applicant, as
part of the application or notice, shall obtain the owner's written authorization to file such
application or notice. Such written authorization may take the form of preexisting
agreements or instruments including, without limitation, signed purchase and sale
agreements(s), signed lease(s), signed easement(s) (whether or not yet recorded), or a
written letter or authorization from the owner of the real property.
AS-OF-RIGHT PROJECT
A Development Project of residential or nonresidential Use(s) under zoning requiring
Development Project Plan Approval but without recourse to a Special Permit, variance,
zoning amendment, or other form of zoning relief. A proposed Development Project that
requires a Special Permit pursuant to this Article 19 shall not be considered an As-of Right
Project.
DEVELOPMENT PROJECT
One or more Buildings and/or Structures that may be constructed at different times in
accordance with a Master Development Plan, not each required to be developed on an
independent lot, comprising any permitted Use or mix of Uses provided for under this
Article 19; provided, however, that any proposed Development Project must include a
permitted residential Use. A Development Proj ect shall be identified on a Development
Project Plan which is submitted to the Planning Board for Development Project Plan
Review.
DEVELOPMENT PROJECT PLAN
A plan depicting a proposed Development Project for all or a portion of the Overlay District
and which is submitted to the Planning Board for its review and approval in accordance
with this Article 19.
DEVELOPMENT PROJECT PLAN APPROVAL
A determination, following the completion of a Development Project Plan Review, made
in the form of a written decision by the Plan Approval Authority(PAA) finding that the
proposed plan for the Development Project is in compliance with the standards and
criteria for which a site located within the Overlay District must meet under the
procedures established herein.
DEVELOPMENT PROJECT PLAN REVIEW
The review procedure established by this Article 19 and administered by the Plan Approval
Authority. While similar to Site Plan Review as established in Article 8, Part 3 of the
Zoning Bylaw, Development Project Plan Review as used and referenced in this Article 19
25
is a separate and distinct process not sub j ect to the provisions of Article 8, Part 3 of the
Zoning Bylaw.
DORMITORY
Any dwelling occupied primarily as a place of temporary abode by persons attending
education institutions.
DRIVEWAY or DRIVE LANE
A portion of the Overlay District designed for vehicular access to off-street parking or
loading space or to a garage. For purposes of this Article 19, a Driveway or Drive Lane is
distinguished from a "Roadway" as defined below.
FLOOR AREA RATIO
The ratio of the floor area to the Overlay District land area, as determined by dividing the
total Gross Floor Area of all existing Buildings and any Development Project proposed
within the Overlay District pursuant to a Master Development Plan by the land area of the
Overlay District.
LANDSCAPED BUFFER
A planted area intended to provide, when mature, a visual screen around the perimeter of
the Overlay District where it abuts a residential District. Landscaped buffers may include
existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the
Landscaped Buffer or screening where appropriate or dictated by topography or other
considerations.
LANDSCAPING
Improvements to land to enhance its attractiveness and facilitate its use and enjoyment.
Landscaping may include walks, terraces and the like, fencing, stone walls or other
decorative walls, site furnishings, grading and reshaping of earth contours, planting, and
lawn areas. Landscaping may also include existing natural areas indicated to remain and/or
be renovated.
LOT COVERAGE
The percent of the Overlay District covered by Principal and Accessory Structures.
MASTER DEVELOPMENT PLAN
A master development plan approved at Town Meeting in accordance with Article 19 of this
bylaw.
MULTIFAMILY RESIDENTIAL USE
Apartment or condominium Dwelling Units in one or more Buildings, each of which
contains more than three such Dwelling Units.
26
MIXED-USE DEVELOPMENT
Development Project containing a mix of residential Uses and non-residential Uses,
including, without limitation, commercial, institutional, industrial or other Uses.
OPEN SPACE
The portion of the Overlay District not occupied by Buildings, Parking Areas or Parking
Garages, Roadways, Driveways and Drive Lanes, but which shall include, among other
areas, all landscaped, patio areas and stormwater management facilities, all un-built areas,
all sidewalks and walkways, and all swimming pools, tennis courts and other recreational
facilities primarily open to the sky, whether or not landscaped.
OVERLAY DISTRICT
The Mixed Use Overlay District created pursuant to this article.
PLAN APPROVAL AUTHORITY (PAA)
For purposes of reviewing Development Project applications and issuing decisions on
Development Projects within the Overlay District, the Planning Board shall be the Plan
Approval Authority(PAA) and, consistent with MGL c. 40A, shall be the Special Permit
granting authority as provided herein, and the PAA is authorized to issue a Development
Project Plan Approval and grant Special Permits to implement a Development Project.
PAA RULES and REGULATIONS
The rules and regulations of the PAA that may be adopted for the administration of Article
19, which may include but not be limited to defining the application and submittal
requirements, fees, reimbursement for consultants, performance guarantees, and procedural
requirements for any approvals required pursuant to Article 19. Such Rules and Regulations
shall not take effect until filed with the Town Clerk.
RECREATIONAL USES
Active recreational uses, including but not limited to ball fields; and passive recreational
uses, including but not limited to walking and bicycle paths. Amusements or motorized
Uses shall not be considered eligible recreational uses.
ROADWAY
A main vehicular access corridor ad j acent to the Overlay District, as referred to in § 195-
19.30 herein. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
SUBDISTRICT
A specific and defined area of land within the Overlay District that is subject to specific
requirements for allowable Uses and/or other requirements that may differ from the
requirements for allowable Uses and/or other requirements in other specific and defined areas
within the Overlay District. The boundaries and the names of the Subdistricts are referred to
in § 195-19.6 herein.
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UNDERLYING ZONING
The zoning otherwise established by the Zoning Bylaw without regard to this Article 19.
USE
The purpose for which a Structure or land is used or intended to be used.
ZONING BYLAW
The Zoning Bylaw of the Town of North Andover, as amended.
PART 2. Overlay District.
§195-19.4 Establishment; Map.
The Overlay District is an overlay district having land area of approximately 76 acres in size
applicable to the land shown on the map entitled"Mixed Use Overlay District Map", prepared by
Jeff Koetteritz, VHB, prepared for Article 19: Mixed Use Overlay District, dated February 11,
2022. This map is hereby made a part of the Zoning Bylaw and is on file in the office of the Town
Clerk (the "Mixed Use Overlay District Map"). [The Overlay District contains all of the real
property described in a deed from Thomas J. Flatley to Aimco North Andover, L.L.C., recorded
with the Essex North District Registry of Deeds in Book 7042, Page 122 as more particularly
shown on the "Mixed Use Overlay District Map".]
§195-19.5 Applicability and Relationship to Underlying Zoning.
The Overlay District is an overlay district superimposed over, rather than replacing, all now and
hereafter applicable Underlying Zoning district(s). The controls,processes and all other provisions
of the Zoning Bylaw governing the Underlying Zoning District(s) shall remain in full force, except
where superseded by the provisions of this Overlay District in regards to a Development Project
being undertaken by an Applicant pursuant to this Article 19.Within the boundaries of the Overlay
District, an Applicant may choose to have their Development Project conform to either, but not
both, of the controls and processes which govern the Underlying Zoning district(s) or to all of the
controls and processes contained in this Article 19. Except as explicitly provided elsewhere in this
Article 19, the provisions and requirements of other applicable zoning districts, and any rules,
regulations, approval processes and/or design or performance standards elsewhere in this Zoning
Bylaw, shall not apply to any Development Project developed pursuant to this Article 19.
§195-19.6 Subdistricts
The Overlay District contains three Subdistricts, all hereby established and all in the locations
shown on the Mixed Use Overlay District Map, including: (1) Subdistrict 1, containing
approximately 15 acres; (11) Subdistrict 2, containing approximately 10 acres; and (111) Subdistrict
3, containing approximately 26 acres.
PART 3. Administration, Enforcement and Appeals.
§195-19.7 Administration Authority
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The provisions of this Article 19 shall be administered by the Planning Board, as the PAA, except
as otherwise provided herein.
§195-19.8 Enforcing Authority; Building permit required.
This Article 19 shall be enforced by the Building Inspector, who may require the submission of
plans, specifications and other information which he/she deems to be necessary to determine
compliance with its provisions. No Building shall be constructed, reconstructed, enlarged, altered,
moved, removed or demolished as part of a Development Project governed by this Article 19
without obtaining a building permit. The Building Inspector shall withhold such building permit
if such Building or such activity included in such a Development Project governed by this Article
19 would be in violation of this article.No actual use and occupancy of all or a portion of a Building
shall be commenced or changed without the issuance by the Building Inspector of a certificate of
occupancy. The Building Inspector shall withhold such certificate of occupancy unless the
Building Inspector is satisfied that all work has been completed in accordance with the provisions
of any applicable permits issued by the PAA under the applicable provisions of this Article 19,
and that the proposed Use(s) will be in conformity with the applicable provisions of this Article
19.
PART 4. Permitted Uses.
§195-19.9 Master Development Plan.
A. Overview. A Development Proj ect developed pursuant to this article shall be consistent
with the Master Development Plan entitled "Master Development Plan Royal Crest North
Andover, MA, prepared by Jeff Koetteritz, VHB, prepared for Article 19: Mixed Use
Overlay District, dated February 11, 2022" adopted, along with this Overlay District, by a
vote of a Town Meeting in accordance with the procedures for adoption or change of
zoning ordinances or bylaws set forth in MGL c. 40A, §5.
B. Revisions to Master Development Plan.
1. Procedure. After a Master Development Plan is adopted, an Applicant may apply to the
Planning Board to make revisions to a Master Development Plan. Such revisions must
be submitted to the Town Planner and Planning Board clearly showing the proposed
revisions to the approved Master Development Plan, and on application forms provided
by the Planning Board. The Planning Board shall set forth any decision to approve or
deny such revisions by motion and written decision, and provide a copy to the
Applicant for filing with the Town Clerk.
2. If the revisions are determined by the Planning Board to (1) not adversely affect the
Overlay District or neighboring properties, (11)not cause either a significant increase in
vehicular movement or alteration in pedestrian circulation routes and(iii)be otherwise
consistent with the intent of the Master Development Plan and this Article 19(examples
may include but not be limited to: revisions involving utilities, Building orientation
adjustments, or minor adjustments to parking or other site details that do not materially
affect the overall build out or development envelope), the Planning Board may
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authorize such revisions at any regularly scheduled meeting, without the need to hold
a public hearing.
3. If the revisions are determined by the Planning Board to (1) have a potential adverse
effect on the Overlay District or neighboring properties, or(11)cause either a significant
increase in vehicular movement or alteration in pedestrian circulation routes , but (111)
are otherwise consistent with the intent of the Master Development Plan and this Article
19 (examples may include but are not limited to: revisions to Building locations,
heights, massing, or Use otherwise allowed pursuant to this Article 19), the Planning
Board may authorize such revisions at any regularly scheduled meeting after holding a
public hearing.
4. If the revisions are determined by the Planning Board to be substantial and materially
different from the approved Master Development Plan pursuant to the standards set
forth above (examples may include but are not limited to: revisions inconsistent with
the Master Development Plan, Uses not allowed on the Master Development Plan, or
significant revisions to the Master Development Plan that result in material,
unanticipated impacts to traffic, stormwater, or municipal utility service), the Planning
Board shall direct the Applicant to resubmit the Master Development Plan for approval
by a vote of a Town Meeting in accordance with the provisions of this section.
The following Uses are permitted, as more specifically described below:
§195-19.10 Permitted Uses.
In the Overlay District, no land shall be used and no Building or Structure shall be reconstructed,
erected, altered or used for any other purpose than of one or more the following
§195-19.11 Subdistrict 1.
A. Purpose. The purpose of the Subdistrict 1 is to increase the efficiency of land use,promote
a diversity of housing types, emphasize and encourage pedestrian and bicycle circulation,
while appropriately transitioning from residential neighborhoods abutting the Overlay
District.
B. As-of-Right Project. The following Residential and Mixed Uses shall be permitted as-of-
right in Subdistrict 1 upon Development Project Plan Approval pursuant to the provisions
of this Article 19. A permitted residential Use and one or more of the following:
1. Townhouse;
2. Recreational Uses;
3. Open Space;
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4. Parking accessory to any of the above permitted Uses, including surface, garage-under,
and structured parking (e.g., parking garages) and surface parking accessory to any
permitted Uses in the Overlay District;
5. Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and
infrastructure, signage and similar ancillary improvements supporting any permitted
Uses in the Overlay District; and
6. Any Accessory Use customarily incident to any of the above permitted Uses except
those uses expressly prohibited in Section 195-17, provided that such Accessory Use
shall not be injurious, noxious, or offensive to the neighborhood.
§195-19.12 Subdistrict 2.
A. Purpose. The purpose of the Subdistrict 2 is to provide a transition between primarily
residential Development Projects in Subdistrict 1 and compact, higher-density commercial
and Mixed-Use Development Projects in Subdistrict 3, to increase the efficiency of land
use on land which is substantially developed area, to allow commercial Development
Projects which may include a mixture of complementary land uses such as housing, retail,
offices, hotel, dormitories, commercial services, and civic Uses, to create economic and
social vitality and to encourage the linking of trips.
B. As-of-Right Project. The following Residential and Mixed Uses shall be permitted as-of-
right in the Subdistrict 2 upon Development Project Plan Approval pursuant to the
provisions of§ 195-19.3 7 and other applicable provisions of this Article 19. A permitted
residential Use and one or more of the following:
1. Townhouse;
2. Multifamily Residential Use;
3. Dormitory, including Non-profit Educational uses as defined by M.G.L. c. 40A, § 3;
4. Retail sales establishments, of no more than 15,000 square feet of Gross Floor Area;
5. Restaurants, cafes, or other establishments serving food and/or beverages,
establishments of no more than 15,000 square feet of Gross Floor Area;
6. Hotel, including customary accessory uses associated with hotel use such as spa,
restaurant, conference room, banquet facilities;
7. Recreational Uses;
8. Open Space;
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9. Parking accessory to any permitted Uses in the Overlay District, including surface,
garage-under, and structured parking (e.g., parking garages) and surface parking
accessory to any permitted Uses in the Overlay District;
10. Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and
infrastructure, signage and similar ancillary improvements supporting any permitted
Uses in the Overlay District; and
11. Any Accessory Use customarily incident to any of the above permitted Uses except
those uses expressly prohibited in Section 195-17, provided that such Accessory Use
shall not be injurious, noxious, or offensive to the neighborhood.
§195-19.13 Subdistrict 3.
A. Purpose. The purpose of the Subdistrict 3 is to encourage efficient land use by facilitating
compact, high-density housing, retail, and commercial development.
B. As-of-Right Project. The following Mixed Uses shall be permitted as-of-right in the
Subdistrict 3 upon Development Project Plan Approval pursuant to the provisions of§195-
19.37 and other applicable provisions of this Article 19. A permitted residential Use and
one or more of the following:
1. Assisted living units and facilities, independent elderly housing, congregate housing,
nursing and convalescent homes; continuing care retirement center;
2. Retail sales establishments, of no more than 15,000 square feet of Gross Floor Area;
provided, however, that grocery stores of no more than 25,000 square feet of Gross
Floor Area shall be permitted;
3. Restaurants, cafes, or other establishments serving food and/or beverages,
establishments of no more than 15,000 square feet of Gross Floor Area;
4. Day-care center;
5. Art galleries or museums;
6. Multifamily Residential Use, including age restricted housing;
7. Mixed-Use Development (for permitted uses);
8. Parking garages, public and private, including structured parking and subsurface
garages supporting any Use permitted in the Overlay District;
9. Personal service establishments;
10. Public Buildings or Uses and public service corporations;
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11. Professional Offices, including,but not limited to,banks (including ATMs), real estate
offices, insurance offices, physician offices, clinics, dentists, attorneys, architects,
engineers or accountants;
12. Business Offices, including, but not limited to banks (including ATMs whether
attached or detached) and financial institutions;
13. Halls, clubs, theaters, or other places of indoor amusement or assembly, including but
not limited to arenas,theaters,indoor ice skating facility, and indoor recreation, fitness,
and health care facility, establishments of no more than 20,000 square feet of Gross
Floor Area;
14. Medical Center;
15. Technical office for research and development, including laboratory and research
facilities;
16. Open Space;
17. Religious Uses as defined by MGL c. 40A, § 3;
18. Any Accessory Use customarily incident to any of the above permitted Uses except
those uses expressly prohibited in Section 195-17, provided that such Accessory Use
shall not be injurious, noxious, or offensive to the neighborhood; and
19. Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and
infrastructure, signage and similar ancillary improvements supporting any permitted
Uses in the Overlay District.
§195-19.14 Uses by Special Permit.
A. The following Mixed Uses may be allowed in the Overlay District by granting of a Special
Permit pursuant to Article 8, Part 3, and §195-10.7 of this bylaw; a permitted residential
Use and one or more of the following:
1. Retail sales establishments, of more than 15,000 square feet of Gross Floor Area; or
grocery stores of more than 25,000 square feet of Gross Floor Area;
2. Restaurants, cafes, or other establishments serving food and/or beverages,
establishments of more than 15,000 square feet of Gross Floor Area;
3. Halls, clubs, theaters, or other places of indoor amusement or assembly, including but
not limited to arenas, theaters, indoor ice skating facility, and indoor recreation,
fitness, and health care facility, establishments of greater than 20,000 square feet of
Gross Floor Area
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§195-19.15. Other Uses.
All other Uses are hereby expressly prohibited; except Uses which are substantially similar in
character to the permitted Uses enumerated above in §§ 195-19.11-14, as determined by the
PAA, which shall be treated as requiring a Special Permit to be issued by the PAA.
§195-19.16. Affordable Housing Requirement.
As provided for herein, affordable housing units which qualify for enumeration under MGL.
c.40B §§ 20-23 shall be provided in connection with Residential Uses shown on the Master
Development Plan. No less than fifteen percent (15%) of the total number of new Dwelling
Units (not including replacement Dwelling Units for those in existence upon the land subject to
this Overlay District at the time of its adoption) devoted to Residential Uses shown on the Master
Development Plan shall be affordable Dwelling Units. The requirements of this section may be
satisfied for all new Dwelling Units associated with Residential Uses within the Master
Development Plan in one or more Development Projects and, once constructed, subsequent
Development Projects containing Townhouse and Multifamily Residential Uses as shown on the
Master Development Plan need not contain affordable Dwelling Units provided that fifteen
percent of the net new Dwelling Units are affordable. In order to meet this requirement the
project proponent shall provide documentation demonstrating that fifteen percent of the net new
residential units are affordable. As a condition for the granting of Development Project Plan
Approval, all such affordable Dwelling Units shall be subject to an affordable housing restriction
and a regulatory agreement in a form acceptable to the PAA. The regulatory agreement shall be
consistent with any applicable guidelines issued by the Department of Housing and Community
Development and shall ensure that affordable units can be counted toward the Town's
Subsidized Housing Inventory. No other affordable or inclusionary housing provisions of the
Town of North Andover Zoning Bylaw shall apply to Development Projects.
§195-19.17. Prohibited Uses.
The following Uses shall be prohibited within the Overlay District:
A. All uses not expressly allowed are prohibited including but not limited to the following:
1) Restaurants with drive-through facilities and/or any drive-through facility accessory to
an above Use, and 2) Automobile sales business including associated uses such as,
service stations, car washes, body shops, automobile repair shops, or sales of motor
vehicles
§195-19.18. Criteria for Special Permit Approval by Plan Approval Authority.
A. Any Development Project component for which a Special Permit is required to be issued
by the PAA, as Special Permit granting authority pursuant to MGL c. 40A, §9 shall only
be issued in accordance with the requirements of this § 195-19.17.
B. The PAA may grant a Special Permit within the framework of this Article 19 only after
holding a public hearing, which must be held within 65 days after the Applicant files for
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such Special Permit. Once the application is deemed complete, the Planning Department
will forward one copy of the application to the Town Clerk. An application will not be
deemed complete until all required information and fees are submitted. The time periods
set forth in this Zoning Bylaw and MGL c. 40A will not start until the application has
been deemed complete and submitted to the Town Clerk.
C. The PAA shall not approve any such application for a Special Permit unless it finds that in
its judgment all the following conditions are met:
1. The specific site is an appropriate location for such a Use, Structure or condition;
2. The Use as developed will not adversely affect the neighborhood;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed Use;
5. With regard to a Special Permit, the Plan Approval Authority shall not grant any
Special Permit unless it makes a specific finding that the Use is in harmony with the
general purpose and intent of this Zoning Bylaw; and
6. The Use for which the Special Permit is sought complies with the dimensional and
other criteria described in Parts 6 through 7 of this Article 19 unless otherwise waived
as provided therein.
D. In approving a Special Permit, the Plan Approval Authority may attach such conditions
and safeguards only to the portion of the Development Project requiring a Special Permit
as are deemed necessary to protect the neighborhood, such as, but not limited to, the
following:
1. Requirements of front, side, or rear yards to the perimeter of the Overlay District
greater than the minimum required by this bylaw;
2. Requirements of screening parking areas or other parts of the premises from adjoining
premises outside of the Overlay District or from a public street, by walls, fences,
planting, or other devices as specified by the Plan Approval Authority;
3. Modification of the exterior features or appearances of the Structure;
4. Limitation of size, number of occupants, method or time of operation, or extent of
facilities; and
5. Regulation of number, design and location of access drives or other traffic features if
not otherwise shown on the Master Development Plan.
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E. Special Permits granted under the provisions contained herein shall be deemed to have
lapsed after a two-year period from the date on which the Special Permit was granted
unless substantial use or construction has commenced (in the case of a phased
Development Project, this includes the substantial use or commencement of construction
any phase of the Development Project). If the Applicant can show good cause why
substantial use or construction has not commenced within the two-year period, the Plan
Approval Authority, at its discretion, may extend the Special Permit for an additional
one-year period. Included within the two-year period stated above is the time required to
pursue or await the determination of an appeal from the provisions of the bylaw.
F. The Plan Approval Authority shall also apply the same dimensional, design and other
criteria described in Parts 6 through 7 of this Article 19 as applied to As-of-Right Projects
unless otherwise waived as provided therein.
G. Within 90 days following the date of the close of the public hearing, the Plan Approval
Authority shall take final action in the matter in order to issue a Special Permit provided
for in this Article 19 in accordance with the provisions of MGL c. 40A.
H. Filing of decision; appeal.
1. A Special Permit granted under the provisions of this bylaw shall not take effect until
the Town Clerk certifies on a copy of the decision that 20 days have elapsed without
filing of an appeal or that any appeal foiled has been dismissed or denied, and the
certified decision has been recorded at the owner's expense in the Essex County
Registry of Deeds indexed in the grantor index under the name of the record owner,
and noted on the owner's certificate of title; and
2. The appeal of a Special Permit granted or denied hereunder shall be made in
accordance with the provisions of MGL c.40A § 17.
I. At the discretion of the PAA, an Applicant seeking approval of a Development Project
including both As-of-Right Projects as well as Uses requiring a Special Permit may
combine such applications for Development Project Plan Review and a Special Permit
into a single application, and the PAA may combine both hearings and issue a single
decision on such a combined Development Project, provided that all requirements for the
As-of-Right Project are complied with in accordance with this Article 19, and with
respect to Uses allowed by Special Permit, are complied with in accordance with MGL c.
40A.
PART 5.Development Project Phasing.
The PAA, as a condition of any Development Project Plan Approval, may require an Applicant to
establish and comply with additional requirements beyond those set forth in the Development Proj ect's
construction management and phasing plan to mitigate any extraordinary adverse impacts from phased
construction on nearby properties.
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PART 6. General Design Guidelines
§195-19.19. Intent.
In order to ensure high-quality development within the Overlay District and to ensure design that respects
the built and natural character of North Andover,the following Design Guidelines are established. These
Guidelines provide goals and standards that are intended to be flexible, and applied by the Plan Approval
Authority as appropriate to a Development Project undergoing Development Project Plan Review to
enable the revitalization of the purpose of this Overlay District. While these Guidelines apply to all site
improvements and Buildings and Structures, it is not the intent of this section to prescribe or proscribe use
of materials or methods of construction regulated by the State Building Code,but rather to enhance the
appearance of the built environment within the Overlay District. In the case of inconsistency between the
Master Development Plan or applicable federal and state law, including without limitation the State
Building Code or life safety codes and these Design Guidelines,the applicable Master Development Plan,
federal and state laws, or PAA Rules and Regulations shall govern. In the course of reviewing a
Development Project during Development Project Plan Review,the PAA shall have discretion in the
application of these Guidelines to the Development Project and may waive strict adherence to any of
these Guidelines, in finding that the Development Project is consistent with the Master Development Plan
and in furtherance of the purpose and intent of this Article 19.
§195-19.20.Building and Structure placement.
Consideration shall be taken in the placement of Buildings and Structures in the Overlay District to:
A. Provide for a Landscaped Buffer of Buildings and Structures to residential Districts adjacent to
the Overlay District. Such buffering may include,but is not limited to: Landscaping, screening
materials,natural barriers, fencing, and related measures;
B. Design Development Projects with Route 114/125 as its front entry, consistent with the Master
Development Plan. Rooftop equipment shall be appropriately screened to minimize visual
impacts;
C. Orient Buildings to any adjacent usable Open Space,with access to the Building opening onto or
accessible to the usable Open Space, consistent with the Master Development Plan;
D. Provide street trees with tree grates or in planter strips,using appropriate species to provide
summer shade and winter light. Species should be native, resistant to salt and drought, and be
tolerant of urban conditions;
E. Orient Structures to provide pedestrian entrances to any adjoining sidewalks;
F. Apply Street Design Standards not only to defined rights-of-way but also to Driveways and
internal ways which function as streets as reflected on the Master Development Plan;
G. Locate trash collection and dumpster locations in appropriate locations, screened to avoid adverse
impacts on neighboring properties to the Overlay District. Within a Development Project,the
containment of all solid waste storage and handling within the Building(s) of the Development
Project is encouraged; and
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H. Locate any loading docks or areas associated with the Development Project to minimize (visual
and operational) impacts on the site and on neighboring properties to the Overlay District.
§195-19.21. Open Space.
A. Create Open Space parks within the Development Project;
B. Enhance existing wetland values within the Overlay District, including preservation or restoration
of buffer zones wherever possible;
C. Use landscape materials that are native, sustainable,requiring minimal irrigation or fertilizer; and
D. Encourage alternative and green paving materials to minimize stormwater run-off.
§195-19.22.Building Massing/Articulation.
Consideration shall be made in the design and massing of Buildings in order to:
A. Avoid unbroken Building facades longer than 100 feet. Buildings shall not be longer than 280 feet
in length, unless waived by the PAA. In approving Building lengths that exceed 280 feet,the
PAA must find that pedestrian circulation is enhanced by the provision of archways,
passageways, or other similar throughways;
B. Foster integration of Uses in Mixed-Use Buildings where appropriate;
C. Provide a variety of Building Heights and varied roofline articulation for Buildings and Structures
within the Overlay District reflected on the Master Development Plan; and
D. Orient Buildings on corners as reflected on the Master Development Plan to the corner and public
street fronts, where practical. Parking and automobile access shall be located away from the
corners, where practical.
§195-19.23. Building Appearance and Treatment.
To the extent not inconsistent with or preempted by the State Building Code, the following shall
be considered as applicable:
A. Architecture should demonstrate the cohesive planning of the development and present a
clearly identifiable design feature throughout. It is not intended that buildings be totally
uniform in appearance or that designers and developers be restricted in their creativity,
rather:
1. Cohesion and identity should be demonstrated in similar Building scale or mass;
2. Consistent use of facade materials; similar ground-level detailing, color or signage;
3. Consistency in functional systems such as Roadway or pedestrian-way surfaces,
signage, or Landscaping; and
4. The framing of outdoor Open Space and linkages, or a clear conveyance in the
importance of various Buildings and features on the site.
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B. Preferred exterior Building siding materials include brick, stone, wood, cement and
composite materials and other types of exterior siding materials upon a determination by
the PAA that the quality of such siding will not detract from the aesthetics of the
proposed Buildings.
C. New Buildings. The design of new Buildings shall incorporate architectural features such
as:
1. Transom or clerestory windows above entrances, display windows and projected bay
windows are encouraged within commercial and retail developments.
2. For upper stories (floors 2 and above), multiple-paned windows that divide large
areas of glass into smaller parts shall be used.
3. Incorporate Building entry treatments that are arched or framed and protect people
from the elements.
4. Non-reflective storefront windows and transoms; architectural detailing on the first
floor; and detailing at the roofline.
D. Ground floor: transparent, open facades for commercial Uses at street level;
E. Middle floors: architectural features may include change in materials and color and/or
texture that enhance specific elements of the Building; and
F. Top floors. Clearly distinguish tops of Buildings from the facade walls by including detail
elements such as steep gables with overhangs, parapets and cornices.
§195-19.24. Development Environment.
A. Pedestrian Open Spaces and entrances.
1. Entries for residential Uses on the street (rather than from the rear of the property);
2. Landscaped space and pedestrian connectivity shall be designed and located to
provide sufficient and safe access throughout the development and/or abutting
residential neighborhoods. An alternative to a sidewalk, such as an asphalt path or
trail, which better serves the purpose of connecting Development Project elements
and the community, may also be used;
3. Sidewalks shall be surfaced with concrete, brick, or stone materials unless waived by
the PAA; minimum width shall be five feet unless waived by the PAA; and
4. Benches for seating shall be provided near retail entrances and at bus stops. At bus
stops, such benches shall offer protection from the weather.
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B. Commercial uses shall be designed and operated, and hours of operation limited where
appropriate, to minimize impacts on adjoining residential uses from traffic or late-night
activity.
§195-19.25. Landscaping.
The landscape design shall strive to provide greenery so that streets and access drives are lined
with shade trees, large paved areas are visually divided and screened and buffers are provided
within and around the Development Project. Said landscape design shall be prepared and
stamped by a registered landscape architect. Landscaping criteria are as follows:
A. Native trees and shrubs as listed by the Massachusetts Natural Heritage & Endangered
Species Program Massachusetts Division of Fisheries and Wildlife.;
B. Provide hedges or continuous shrubs to screen parking areas from streets, where
practical;
C. Landscape screening shall consist of planting, including evergreens, the plantings to be of
such height, depth as needed to sufficiently screen from view of abutting residential areas
any unshielded light source, either inside or outside;
D. All Buildings shall have foundation Landscaping, where practical;
E. All islands and landscape areas shall be of a minimum width and size to support healthy
plant growth;
F. All open areas, exclusive of areas to remain in an existing natural state, shall be
landscaped, utilizing both natural and man-made materials such as indigenous grasses,
trees, shrubs, and attractive paving materials and outdoor furniture;
G. Deciduous trees shall be placed along new and existing streets and ways. Street trees
shall be located every 30 feet on center along both sides of the Roadway within the
Overlay District, or every 40 feet where trees are adjacent to parallel parking;
H. Outdoor lighting shall be considered in the Landscaping plan and requires the submission
of a photometric lighting plan. Cutoff shields shall be used to minimize glare and light
spillover onto abutting property. Ornamental streetlights, 16 feet maximum height on
minor roads and 24 feet maximum height on major roads;
I. Preservation of existing vegetation or tree-lined areas shall be maintained where possible;
and
J. Landscaped, required Open Space and green areas, in addition to serving as visual
amenities shall be employed to reduce the rate and volume of stormwater runoff
compared to pre-development conditions; for that reason, Department of Environmental
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(DEP) Stormwater best management practices and other measures to minimize runoff and
improve water quality shall be implemented.
§195-19.26. Lighting.
A. All lighting used to illuminate residential and commercial parking lot, loading bay or
Driveway shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the parking, loading or Driveway area;
B. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and
residential properties, while also providing a sufficient level of illumination for access
and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually
high intensity of brightness;
C. Parking areas shall be illuminated to provide appropriate visibility and security during
hours of darkness;
D. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does
not produce a strong, direct light beyond the Overlay District boundaries, and shall be
directed toward the object or area to be illuminated. Light shall be directed away from
residences;
E. Lighting of the Overlay District shall be adequate at ground level for the protection and
safety of the public in regard to pedestrian and vehicular circulation. The glare from the
installation of outdoor lights and illuminated signs shall be contained on the property and
shall be shielded from abutting properties;
F. Lighting in display windows to illuminate the sidewalk is recommended;
G. Architectural lighting to complement the architecture of the Structure, including
transparent windows allowing views into and out of the Structure;
H. Fixtures that produce glare or that spill light to adjoining sites are prohibited; and
I. Installation of pedestrian light fixtures as part of a Development Proj ect's sidewalk
improvements is strongly encouraged.
§195-19.27. Parking Lot Landscaping.
A. Parking areas and lots shall use Landscaping and terracing to break up large areas of
pavement. The following minimum screening and Landscaping requirements shall apply
for all lots with more than six parking spaces where the edge of the lot abuts a property
adjacent to the Overlay District:
1. A strip of land at least six feet wide (may be part of required yard setbacks) with trees
or shrubs densely planted,to create at least an impervious screen, at least four feet high
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at the time of planting and which are of a type that may be commonly expected to form
a year-round impervious screen at least five feet high within three years;
2. If a natural screen as described in Subsection A(1) above cannot be attained,
consideration shall be given to installing a wall or fence of uniform appearance at least
five feet high above finished grade. Such a wall and/or fence may be perforated,
provided that not more than 25% of the face is open; and
3. All required screening, as described in Subsection A(1) and (2) above, shall be
maintained in good condition at all times. Such screening may be interrupted by
entrances or exits, and shall have no signs attached thereto other than those permitted
in the Overlay District.
B. For all off-street parking areas of 18 or more spaces the following criteria shall also apply:
1. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted
at least one tree for every 30 linear feet. In the interior part of an outdoor parking lot
where two rows of parking spaces containing a total of twelve or more parking spaces
face each other, a landscaped Open Space not less than six feet in width shall be
provided. The landscaped strip may be provided either:
a. Between the rows of parking spaces parallel to the aisle; or
b. In two or more strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row of spaces; and
2. Trees required by this subsection shall be at least 2.5 inches in diameter at a height four
feet above the ground at time of planting and shall be of a species characterized by
suitability and hardiness for location in a parking lot. To the extent practicable, existing
trees shall be retained and used to satisfy this section. Native trees and shrubs as
described by the Massachusetts Natural Heritage & Endangered Species Program
Massachusetts Division of Fisheries and Wildlife shall be planted wherever possible.
C. A minimum Landscaped Buffer shall be maintained along the perimeter of the Overlay
District in accordance with the plan titled "Mixed Use Overlay District Height and Buffer
Plan," which plan is included as an attachment to this bylaw and made a part hereof. No
vertical building construction or pavement shall be allowed within this minimum buffer,
provided that the following elements shall be permitted: pedestrian paths and sidewalks;
such emergency access and egress as may be required by the Town; drainage facilities;
utilities and related easements but not including Landscaping; plantings; fences and walls;
and signage and lighting approved by the Planning Board pursuant to this article.
D. To the extent supplemental screening and/or Landscaping is necessary within the buffer
area in order to more effectively screen a Development Project from an adjoining
residential use, such screening and/or Landscaping will be studied and approved in
accordance with the Development Project Plan Review process.
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§195-19.28. Pedestrian Amenities and Recreation.
Development shall include the following components:
A. Mixed-Use Structures should maximize pedestrian transit-oriented development.
Specifically, they should use "traffic-calming" techniques liberally; provide networks for
pedestrians as good as the networks for motorists; provide pedestrians and bicycles with
shortcuts as alternatives to travel along high-volume streets within the Overlay District;
provide long-term, covered bicycle parking areas; incorporate transit-oriented design
features; and establish travel demand management programs at employment centers.
B. Pedestrian-oriented features such as walkways,pergolas,outdoor sitting plazas,landscaped
Open Space, drop-off areas, and recreational facilities shall be encouraged in the
development of the Master Development Plan, and bike racks shall be provided in
appropriate locations throughout the Overlay District; and
C. Tree-lined or otherwise appropriately landscaped pedestrian paths and walkways shall link
together areas designated as Open Space within the Overlay District, and wherever
possible, to adjoining public areas.
§195-19.29. Signage Associated with Residential Uses.
A. Signs for the residential components of the Master Development Plan shall be limited to
three types of signs: name of residential project, orientation and direction, and
identification of common Building spaces. At each principal entrance to the residential
Development Project, only one sign identifying only the name and address of the
Development Project shall be permitted. Signs shall be made of natural materials, or have
a natural appearance, and may not be interiorly illuminated. The PAA shall require the
Applicant to submit a signage master plan showing the overall design, location, size and
material for all proposed signs within the Development Project.
B. The following signs are prohibited in the Overlay District: roof signs,interiorly illuminated
and ground signs (except those associated with the Development Project entrance).
§195-19.30. Signage Associated with Nonresidential and Mixed-Uses.
The PAA shall approve signage within the Mixed-Use Development components of the Overlay
District as part of the Development Project Plan Review process. One sign will be permitted at the
principal entrance(s) to a nonresidential portion of the Development Project. The sign shall be
limited to identifying the name and address of the Development Project.
A. One sign per nonresidential Use is permitted.The attached or hanging sign shall not exceed,
in total area, more than 10% of the dimensional elevation of the commercial 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 Zoning Bylaw;
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B. For premises having multiple occupants, a single sign identifying those occupants is
permitted. The total area of attached signs, including this one, shall not exceed 10%of wall
area;
C. Temporary unlighted signs inside windows, occupying not more than 20% of the area of
the window, requires no sign permit;
D. Building directories shall be located inside of the Building;
E. 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;
F. Design standards for signs:
1. These standards are not mandatory.
2. Sign content normally should not occupy more than 40% of the sign background,
whether a signboard or a Building element.
G. Environmental relationship.
1. Overhanging signs should be used only in such circumstances as on side streets where
overhanging positioning is necessary for visibility from a major street;
2. Sign brightness should not be excessive in relation to background lighting levels, e.g.,
averaging not in excess of 100 foot-lamberts and not in excess of 20 foot-lamberts in
unlighted outlying areas.
H. 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.
Clutter should be avoided by not using support brackets extending above the sign or
guy wires and turnbuckles.
I. Sign master plans. Notwithstanding anything to the contrary to the language contained in
§§ 195-19.28 and 195-19.29,an Applicant may,in lieu of seeking compliance with the sign
provisions described, propose a master signage plan to be permitted within the Overlay
District by the PAA. All new signage in the Overlay District shall be in compliance with
such master signage plan approved by the PAA. At its option, the Applicant shall submit,
as part of its initial Development Project Plan Review filing, a master signage plan for
approval by the Planning Board establishing allowances, requirements, and limitations for
all new signage within the Overlay District. The master signage plan, as may be updated
and revised with the approval of the Planning Board, shall, with respect to both existing
and future signs, specify all applicable sign types, dimensions, locations, materials,
44
quantities and other as may be requested by the PAA in the course of Development Project
Plan Review to confirm that the master signage plan, once implemented, consists of a
single coordinated and clear plan for signage within the Overlay District which generally
conforms to the guidelines described in §§195-19.28 and 195-19.29 as applicable. Upon
approval by the Planning Board, the master signage plan shall become the sole governing
source of standards and requirements for all new signage within the Overlay District under
this bylaw. Sign permits for any sign meeting these established standards may be issued by
the Building Inspector upon approval of the master signage plan by the Planning Board.
§195-19.31. Street Dimensional Guidelines.
Private Roadways shall be allowed in the Overlay District.
A. While Roadway surface widths may be narrower than widths associated with a traditional
subdivision, the durability of private Roadway surfaces and sub-surfaces within the
Overlay District should be designed based on standard engineering principles. Roadway
and pedestrian sidewalk dimensions shall generally be designed and implemented in
accordance with the Master Development Plan and the regulation as shown in the PAA
Rules and Regulations section titled"Royal Crest Street Dimensional Guidelines",
prepared by Elkus Manfredi Architects, dated February 2022, which dimensional
guidelines may be revised or modified by the PAA. Waivers of these dimensional
guidelines may be granted when appropriate, provided the Development Project remains
consistent with the Master Development Plan.
B. Parking and vehicle access:
1. Provide for continuous sidewalks that are minimally broken within a block by vehicular
access.
2. Unstructured surface parking areas facing Route 114/125 frontages are discouraged.
3. Parking areas shall be set back from Structures, property lines and internal ways by a
minimum of 10 feet.
4. Multipurpose parking areas paved with unit pavers are encouraged(i.e., areas that serve
both parking and public Open Space needs).
C. On cul-de-sac turnarounds and at intersections, vertical granite curbing shall be required.
Vertical granite curb inlets with curb transition sections shall be required at the back of
catch basins, on grades over 6%, and at the intersections with arterial streets.
D. Crosswalks with handicap-accessible curb cuts shall be provided at all intersections. All
crosswalks and curb cuts shall comply with applicable requirements of the Massachusetts
Architectural Access Board (MAAB) and/or Americans with Disabilities Act (ADA)
requirements.
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E. Streetscape elements shall be encouraged, including:
1. Sidewalks and crosswalks as noted above;
2. Ornamental streetlights, 16 feet maximum height on minor roads, 24 feet maximum
height on major roads;
3. Brick, concrete or other specialty pavements at Building entrances;
4. Ornamental fences of less than 30 inches in height, when appropriate;
5. Ornamental bollards to direct pedestrian traffic and define public space.
§195-19.32. Storm drainage.
A. Stormwater drainage systems shall be subject to the most recent Massachusetts laws,
regulations, polices and guidelines, including but not limited to the DEP Stormwater
Management Policy, as amended,the EPA Municipal Separate Storm Sewer System(MS4)
minimum control measures, as well as local bylaws.
B. The design should incorporate design features within a comprehensive stormwater
management plan to minimize stormwater runoff.
C. The design, construction and maintenance of stormwater systems shall be consistent with
the following:
1. Detention/Retention basin side slopes. Basin area side slopes shall be kept as close as
possible to natural land contours; i.e., 10% or less wherever possible. A maximum 3:1
side slope shall be constructed for the interior of the basin areas. For security purposes,
fencing may be required by the PAA. Drainage basins shall be designed to facilitate
access for maintenance vehicles and personnel;
2. Drainage easements. If it is necessary to carry drainage across lots within the
Development Proj ect, storm drainage easements may be provided, of such width and
construction as will be adequate to accommodate the volume and velocity of the run-
off. However, no such easement, if granted shall be less than 30 feet in width. If a
proposed drainage system would carry water across land outside the Development
Project boundaries to an approved outfall, appropriate drainage rights shall be secured
by the Applicant at the Applicant's expense, and shall be referenced on the
Development Project Plan;
3. Discharging runoff directly into rivers, streams,watercourses, or enlarging the volume,
rate or further degrading the quality of existing discharges/runoff is prohibited;
46
4. Retention and detention ponds, and methods of overland flow may be used to retain,
detain and treat the increased and accelerated runoff which the Development Pro j ect
generates;
5. Water shall be released from detention ponds at a rate and in a manner approximating
the existing conditions which would have occurred before the creation of the Overlay
District;
6. Intermittent watercourses such as swales shall be vegetated;
7. The first one inch of runoff from impervious surfaces, such as rooftops and paved
surfaces, shall be treated in the site of the Development Project, which treatment shall
be more fully detailed during the stormwater peer review process of Development
Project Plan Review;
8. Runoff from parking lots and streets shall be treated to remove oil and sediments. Catch
basins shall be provided with hoods; in the alternative, drainage outfalls shall discharge
to low-velocity "vegetated treatment" swales;
9. The use of drainage facilities and vegetated buffer zones as Open Space and
conservation areas shall be encouraged; and
10. Demonstrate reduction in runoff to properties abutting the Overlay District.
§195-19.33. Water Facilities.
A. Installation. The Applicant shall be responsible for installing water facilities,including,but
not limited to, water supply, pipes, hydrants, hydrant markers, gates, valves, and all other
related appurtenances, in accordance with the regulations and master plan of the Water
Department. Any extension of an existing pipe and construction of new pipes requires
approval from the Water Department. Building service pipes and appurtenances from the
system piping to the exterior line of the street right-of-way shall be constructed for each
lot unless the Board of Health has approved individual wells. Said water facilities shall be
shown on plans for each Development Project.
B. Fire hydrants. Fire hydrants shall be required throughout the entire Development. Fire
hydrants, with hydrant markers, shall be located not more than 500 feet apart, and within
100 feet of any building fire department connection (FDC); shall be approved, in writing,
as to location by the Fire Chief and the DPW; and shall be shown on plans for each
Development Project.
C. Extensions. Reasonable provisions shall be made for extension of the water system and
pipes to adjoining property, including installation of water gates. Appropriate easements
47
may be required by the PAA as a condition of Development Project Plan Approval for a
Development Project.
§195-19.34. Sewers.
If applicable, connection to the sewer system shall require an approval from the DPW, and any
other required approvals, including, but not limited to approvals issued by the Greater Lawrence
Sanitary Overlay District, and a permit for extension/connection of the sewer system issued by the
Massachusetts Department of Environmental Protection's Division of Water Pollution Control.
§195-19.35. Street Signs.
Street signs shall be installed at all intersections in conformity with the specifications of the
Department of Public Works. The signposts at the intersection of each street with any other street
shall have affixed thereto a sign designating such street as a private way.
§ 195-19.36. Parking Requirements.
Parking provided in the Overlay District, including structured parking, shall comply with these
provisions and shall not be subject to any other provisions of the Zoning Bylaw. Regardless of
these requirements, parking shall be designed and constructed to comply with all applicable
disability access requirements including, but not limited to, the Americans with Disabilities Act.
A. Required parking. Parking shall be provided for Uses according to Table 1, Requiring
Parking, below, and shall be calculated for compliance purposes based on Uses reflected
on an approved Master Development Plan for the entire Overlay District, not individual
Development Projects. When application of the requirements set forth below results in a
number that includes a fraction,the fraction shall be rounded up to the next whole number.
Table 1 -Required Parking
Use Minimum Parking Required
Multifamily Dwelling 1.5 per unit
Townhouse 1.5 spaces per unit
Retail and Personal Service, including
Grocery Store
Art Gallery, Cultural Center or Museum,
Place of Worship,Nonprofit School or 5 spaces per 1,000 gross square feet
Private School for Profit
Restaurant
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Indoor Recreation, Fitness, and Health Care
Facility
Halls, Clubs, Theaters, Indoor Place of
Amusement or Assembly
Day-Care Center
Dormitory Housing
Determined by parking study specific to subject
institution
Assisted Living,Nursing and Convalescent,
CCRC, Independent Elderly Housing, 0.6 spaces per unit
Congregate Housing,
Professional Offices, Business Offices,
Medical Center, and Research and 2.5 spaces per 1,000 gross square feet
Development Facility
Hotel and Motel 1.0 spaces per room
Recreational Use, Public Building or Use 5 dedicated spaces
B. On-street parking offset. Parking spaces within the Roadways and drive aisles within the
Overlay District may be counted toward the minimum parking required pursuant to this
section.
C. Charging stations for electric, hybrid, or similar types of vehicles. Charging stations
for electric, hybrid, or similar types of vehicles may be required, as appropriate, by the
Building Code and/or the PAA as part of the Environmental Strategies program to be
included in any application for Development Project Plan Approval that will be updated in
the course of the development of the Overlay District.
D. Bicycle parking. Bicycle parking may be required, as appropriate, by the PAA as part of
the Environmental Strategies program to be included in any application for Development
Project Plan Approval and shall also be addressed in the traffic management plan that will
be updated in the course of the development of the Overlay District.
E. Parking design and construction standards. The design and construction standards for
parking shall be approved by the Planning Board in conjunction with the Development
Project Plan Approval of a Development Project; such design and construction standards
shall address the dimensions for parking spaces, Drive Lanes, Driveways, and landscape
islands, and materials and specifications for paving, curbing, lighting, and Landscaping.
Notwithstanding the foregoing, unless otherwise waived by the PAA, the minimum
parking dimensions shall be:
49
1. For head-in parking spaces: a minimum of 9 feet by 18 feet, with 24-foot drive aisles;
2. For parallel end spaces: 8 feet by 22 feet; and
3. For parallel intermediate spaces: 8 feet by 20 feet.
F. Modification in parking requirements. Notwithstanding anything to the contrary herein,
any minimum required or maximum permitted amount of parking may be modified by the
Planning Board through the Development Project Plan Review process, if the Applicant
can demonstrate that the modified amount of parking will not cause excessive congestion,
endanger public safety, or that a modified amount of parking will provide positive
environmental or other benefits, taking into consideration:
1. The availability of public or commercial parking facilities in the vicinity of the use
being served;
2. Shared use of parking spaces serving other Uses having peak user demands at different
times;
3. Age or other occupancy restrictions which are likely to resulting a lower level of auto
usage; and
4. Such other factors, including the availability of valet parking, shuttle service, or a
transportation management plan as may be considered by the Planning Board. Where
such reduction is authorized, the Planning Board may impose conditions of Use or
occupancy appropriate to such reductions.
PART 7. Dimensional and Density Requirements
§195-19.37. Dimensional requirements.
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements
applicable in the Overlay District, including all pre-existing Buildings in the Overlay District that
have not been demolished, are as follows:
A. Overlay-District-wide aggregate density requirements.
Development Projects shall comply with the following requirements as applicable to an
approved Master Development Plan for the Overlay District as a whole:
1. Maximum coverage, including buildings, driveways, and parking areas within the
Overlay District: 60 %.
2. Maximum building coverage in the Overlay District: 30%.
3. Minimum open space requirements in the Overlay District: 10% of total lot size.
4. Floor area ratio in the Overlay District: 0.81.
5. Multifamily dwelling units: no more than 824 total multifamily dwelling units.
6. Townhouse: no more than 199 total dwelling units.
7. Independent elderly housing and congregate housing: no more than 35 total dwelling
units.
8. Dormitory housing: no more than 824 total dormitory beds (206 units).
50
9. Retail: not to exceed a total of 69,873 gross square feet.
10. Professional offices and business offices: not to exceed a total of 108,500 gross
square feet.
11. Hotel: not to exceed a total of 102 keys.
B. Height Limits within the Overlay District.
The maximum height of any building shown on a Development Plan within the Overlay
District shall be limited to its location within the applicable subdistrict shown the plan titled
"Master Development Plan Royal Crest North Andover, MA" and as set forth below:
IISE BLOCK, . IIHN IIE:IIIGIHNT,(FT)
FLOORS,
MIXED INCOME( ) 4 69,SEX LIL)DING
M UILTI-FAIM IL;Y TOWER)
MIXED INCOME( ) L-2 31 69
M Ui LTI-FAIM I L;Y
MIXED INCOME( ) F-2 4 5:31
M Ui LTI-FAIM I L;Y
MIXED INCOME( ) F-3 4 5:31
M Ui LTI-FAIM I L;Y
MIXED INCOME( ) -2 4 5:31
MUIILTI-FAI IL;"°
MARKET-RATE MUILTI-FAIT IILY
E:-'1 4 5S
MARKET-RA T"E WILT IILY
E-2 4 5S
MARKET-RAT"E w�l�ILTI�-FAIT IILY
F-I 4 5:31
MARKET-I T"E r�I�VIL" I-FAIT IIIL - 31
MARKET-RA T"E w�l�ILTI�-FAIT IIILY � ��- �� ���
5+ CTI "E IILIVING
TOW
--
NIFI �I E TH 31-w,THN RU TIH�-1: 31 3
TUII E IT HOUSINGH�-
TUI I E IT HOUSING 'Ei-
SHE- , 4 6
STUI DE IT HOUSING
HOTEL IB 4 T 5
+IFF#I E H`I-1 4 SE
GROUND LEVEL I'ET V A-,DII,„Ell,SHE.-�A
RETAIL
PARKING
PART 8. Application for Development Project Plan Review
§195-19.38. Development Project Plan Review Process.
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The Development Proj ect Plan Review process for an application for approval of a Development
Project Plan under this article shall be governed by the following review procedures:
A. Pre-application Conference.
1. Prior to the submission of a Development Project Plan,the Applicant, at its option,may
confer with the Planning Board and Town planning staff to obtain information and
guidance before beginning the formal application process.
B. Submission and Approval of a Development Project Plan. The Applicant shall file a
Development Project Plan accompanied by an application for Development Proj ect Plan
Review to the PAA for issuance of a Development Project Plan Approval prior to an
application for a building permit. Review of a Development Project Plan shall follow the
procedures of Subsection F and the PAA Rules and Regulations that the Planning Board
may adopt to govern Development Project Plan Review. An application for Development
Project Plan Review shall include the following components unless waived by the Planning
Board:
1. An Applicant for Development Project Plan Review shall file with the Planning
Department an application form, fee,the Development Project Plan, and any additional
information as may be required as described herein or as provided in PAA Rules and
Regulations and/or instructions of the Planning Board. Once the application is deemed
complete, the Planning Department will forward one copy of the application to the
Town Clerk. An application will not be deemed complete until all required information
and fees are submitted. The time periods set forth in this Zoning Bylaw will not start
until the application has been deemed complete and submitted to the Town Clerk.
2. Drawings prepared at a scale of one-inch equals 40 feet or larger, or at a scale as
approved in advance by the Town Planner.Revised plans shall contain a notation listing
and describing all revisions, additions, and deletions made to the originally submitted
plans and the date of each.
3. The application for Development Proj ect Plan Review shall be accompanied by such
plans and documents as may be required and set forth in the PAA Rules and
Regulations. All site plans shall be prepared by a certified architect, landscape
architect, and/or a civil engineer registered in the Commonwealth of Massachusetts.
All landscape plans shall be prepared by a certified landscape architect registered in the
Commonwealth of Massachusetts. All Building elevations shall be prepared by a
certified architect registered in the Commonwealth of Massachusetts. All plans shall
be signed and stamped, and drawings prepared at a scale of one-inch equals 40 feet or
larger, or at a scale as approved in advance by the Planning Department. All
stormwater management plans and drainage calculations must be submitted with the
stamp and signature of a professional engineer (PE) licensed to conduct such work in
the Commonwealth of Massachusetts.
4. The following information must be submitted along with the application:
52
a. North arrow/location map. A North arrow and a location map showing surrounding
Roadways and land uses adjacent to the site at a scale of one-inch equals 1,500 feet.
The location map should show at least one intersection of two existing Town
Roadways.
b. Survey of lot/parcel. A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office. The survey shall be dated and include any
revision made to the survey or site plan.Any change in the survey shall be recorded
before site plan approval may be granted.
c. Name/Description of Development Proj ect. The name of the development and the
names, addresses and telephone numbers of the project listing tenants (if known),
land uses, development phases,or other pertinent information necessary to evaluate
the Development Project Plan.
d. A narrative describing how the proposed Building(s), anticipated land uses, site
design, parking, circulation, Landscaping and other features conform to the Master
Development Plan and the purpose of this article.
e. Easements/Legal conditions within the Development Pro ect lot(s) and abutting
thereon. Identification of existing and proposed easement(s) or legal encumbrances
that are related to the site's physical development, and a listing of any condition(s)
placed upon the site by the Board of Appeals, Planning Board, Conservation
Commission, or any public body or agency with the authority to place conditions
on the site's development.
f. The corner points of the Development Project lot(s) and change of direction of lines
shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other
marker and shall be so marked.
g. Development Project lot number(s), dimensions of Development Project lot(s) in
feet, size of Development Project lot(s) in square feet, and width of abutting streets
and ways.
h. Topography. The present and proposed topography of the site, utilizing two-foot
contour intervals. Existing topography 50 feet beyond the perimeter of the parcel
as it appears on the most current Town of North Andover topographic mapping
shall also be shown.
i. Zoning information. All applicable Overlay District zoning information shall be
provided regarding the Development Project. This information shall be placed in a
table and list all parking, setbacks, percent of Lot Coverage, Floor Area Ratio,
number of Dwelling Units (if any), total amount of square feet, size of signs and
any other applicable zoning information relative to the Master Development Plan
53
and Overlay District necessary for the proper review of the Development Project
Plan by the Town Planner and PAA.
j. Drainage area map. A drainage area map showing pre- and post-construction
watersheds, subwatersheds and stormwater flow paths, including municipal
drainage system flows.
k. Stormwater management plan. All applications for Development Project Plan
Review shall include the submittal of a stormwater management plan prepared in
accordance with the latest version of the Massachusetts Stormwater Handbook and
additional criteria established herein and demonstrating full compliance with the
Massachusetts Stormwater Standards and the North Andover Stormwater
Management and Erosion Control Regulations promulgated under Chapter 165 of
the Town Bylaws (Stormwater Management and Erosion Control Bylaw).
1. Building location. Identification of all existing and proposed Structures located on
the Development Project site, including Gross Floor Area.
m. Building elevation. A drawing of the exterior of the Building(s), as viewed from
the front (street view), must be submitted. The PAA may request side and rear
views if relevant to the PAA's review. This drawing must be at least eight inches
by 11 inches in size.
n. Average finished grade of each proposed Building.
o. The elevation above average finished grade of the floor and ceiling of the lowest
floor of each proposed Building.
p. Height of all proposed Buildings, above average finished grade of abutting streets.
q. Location of parking/walkways. Identification of the location of all existing and
proposed parking and walkway areas, including curb cuts that will be used to access
the site from adjacent Roadways, or access points.
r. Location of wetlands;notice of intent. All resource areas as defined in MGL c. 131,
§40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190),
shall be shown on the site plan. If applicable, the Applicant shall file a notice of
intent with North Andover Conservation Commission concurrently with the
application to the Planning Board for Development Project Plan Review.
s. Location of walls/signs. Identification of the location, height and materials to be
used for all retaining walls and signs located on the site.
54
t. Location of Roadways/Drive Lanes. Identification of all rights-of-way and
Driveways, including the type of curb and gutter to be used, and their dimensions.
Distances to all the nearest Roadways and/or curb cuts shall be shown for both sides
of any street which is adjacent to the site.
u. Outdoor storage/display areas. Identification of the location and type of outdoor
storage and display areas on the site.
v. Landscaping plan. The general outline of existing vegetation, wooded areas,
significant trees,unique species and/or tree clusters and the extent of all vegetation,
wooded areas, significant mature trees (>12 inches DBH), unique species and/or
tree clusters to be removed and identification of the location and landscape schedule
of all perimeter and interior Landscaping, including but not limited to proposed
paving materials for walkways, fences, stone walls and all planting materials to be
placed on the site.Any Landscaping required by the Town bylaws shall be indicated
on the site plan in tabular form showing the amount required and the amount
provided.
w. Refuse areas. Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully
enclosed.
x. Lighting facilities. Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used.
y. Traffic impact study. Evidence that the Development Project is consistent with the
traffic impact study previously prepared and reviewed for the Overlay District. If
the Development Project is inconsistent with the previously-prepared traffic impact
study, the Applicant shall identify existing traffic levels, along with the expected
traffic impacts to occur based upon the proposed Development Project.
z. Utilities. All utilities, including water line locations, sewer line locations and
profiles, and storm drainage systems.
aa. Environmental strategies. A narrative describing the environmental strategies being
pursued for the Development Project to improve sustainability and to enhance
protection of the ad j acent natural resources relative to the proposed Building(s),
anticipated land use(s), and site design. These strategies shall specifically include
measures to limit emissions from both stationary sources (e.g., building design
measures) and mobile sources (e.g., pedestrian and bicycle accommodations to
promote alternate methods of transit).
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C. Phasing. In of the course of the phased development of an approved Master Development
Plan, the Applicant may divide the proposed development reflected in the Master
Development Plan into separate project components which may be reviewed either through
a single combined Development Project Plan Review, or through a series of separate
Development Project Plan Reviews that address the applicable proposed area(s) of work
within the Overlay District reflected on the Master Development Plan.
D. Peer review. The Applicant shall be required to pay for reasonable consulting fees to
provide peer review of any required elements of the Development Project Plan Review
application as may be required by the PAA. Such fees shall be held by the Town in a
separate account and used only for expenses associated with the review of the application
by outside consultants, including, but not limited to, attorneys, Town Counsel, engineers,
urban designers,housing consultants,planners, and others. Any surplus remaining after the
completion of such review, including any interest accrued, shall be returned to the
Applicant.
E. Circulation to Other Boards. Upon receipt of the application, the PAA shall
immediately provide a copy of the application materials to the Board of Appeals, Board
of Health, Conservation Commission, Fire Department, Police Department, Building
Commissioner, Department of Public Works, and other municipal officers, agencies or
boards for comment, and any such board, agency or officer shall provide any written
comments within 30 days of its receipt of a copy of the Development Project Plan
Review application.
F. Procedures.
1. Hearing. The PAA shall hold a public hearing for which notice has been given as
provided in MGL c. 40A, §11. The decision of the PAA shall be made, and a written
notice of the decision filed with the Town Clerk, within 90 days of the close of the
public hearing . The required time limits for such action may be extended by written
agreement between the Applicant and the PAA, with a copy of such agreement being
filed in the office of the Town Clerk. If the PAA does not take action within 90 days or
extended time, if applicable, the project proponent shall provide written notice to the
PAA requesting final action within fourteen days, if no decision is issued, the failure
shall be deemed to be an approval of the application and Development Project Plan and
shall constitute the Development Project Plan Approval.
2. The approved Development Project Plan (Development Project Plan Approval)
becomes the official development plan for a Development Project for which
Development Project Plan Review application is filed. Town permits shall be issued or
withheld based upon compliance with the approved Development Project Plan. The
Development Proj ect Plan Approval is legally binding and can only be changed or
adjusted in compliance with the provisions contained in §195-19.42, Revisions to
approved Development Project Plans.
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3. Appeal. Where a Development Proj ect Plan Approval is issued or denied relative to a
Development Proj ect for which a building permit will be required, there shall be no
appeal under MGL c.40A § 17;rather,the only appeal shall be an appeal of the building
permit issued or denied.
PART 9. Decision on Application.
§195-19.39. Waivers. As set forth in §195-19.18, in the course of reviewing a Development
Project during Development Project Plan Review,the PAA shall have discretion in the application
of the General Design Guidelines of Part 6 to the Development Project and may waive strict
adherence to any of these Guidelines, in finding that the Development Project is consistent with
the Master Development Plan and in furtherance of the purpose and intent of this Article 19.
§195-19.40.Plan Review. An application for Development Project Plan Review shall be reviewed
for consistency with the purpose and intent of the Article 19.
§195-19.41. Findings and Action by Planning Board.
A. Upon completion of Development Proj ect Plan Review, the PAA shall either 1) approve,
2) approve with conditions, or 3) deny a Development Project Plan submitted for review.
1. The Planning Board shall approve a Development Project Plan when the following
conditions are met:
a. The Development Project Plan is consistent with the Master Development Plan
and this Article 19; and
b. The Applicant has submitted the required fees and information as set forth in
the Rules and Regulation; and
c. The Development Project Plan has been submitted in accordance with the
procedures as outlined in this Article 19; and
d. The Development Project and Development Project Plan meet the requirements
and standards set forth in this Article 19, or a waiver has been granted
therefrom.
2. The Planning Board shall conditionally approve a Development Project Plan when the
following conditions are met:
a. The application needs to go to any Town board, department or commission for
approvals, or requires approvals by any state, and/or federal agency; and
b. The Development Project Plan generally complies with the Master
Development Plan and this Article 19, but requires minor changes in order to
be completely in compliance with this Article 19.
3. The PAA may deny approval of a Development Project Plan for the following reasons:
a. The Development Project Plan does not include all the materials or information
required in this Article 19, or has failed to adhere to the procedures for
Development Project Plan Review as outlined in this Article 19; or
57
b. The Applicant has not submitted the required fees and information as set forth
in the PAA Rules and Regulations; or
c. The Development Project Plan as presented is not in compliance with applicable
Town bylaws, and a waiver has not been granted therefrom; or
d. The Development Project Plan has been drawn incorrectly or in such form that
the Planning Board is unable to determine what information is being presented
for review; or
e. The Applicant has failed to incorporate and adhere to any condition(s) for
approval granted by any Town board, department or commission, or
requirements called for by any state or federal agency which has proper
authority upon which to place conditions on a matter before the PAA.
B. The PAA shall render a decision within 90 days of the close of the public hearing and shall
file its written decision with the Town Clerk's office and other appropriate parties in
accordance with the provisions of MGL c. 40A.
C. The PAA shall issue to the Applicant a copy of its decision containing the name and address
of the owner, identifying the land affected, and the plans that were the subject of the
decision, and certifying that a copy of the decision has been filed with the Town Clerk and
that all plans referred to in the decision are on file with the PAA. If a plan is approved by
reason of the failure of the PAA to timely act,the Town Clerk shall make such certification
on a copy of the application or notice. A copy of the decision or application bearing such
certification shall be recorded in the Registry of Deeds for the county and district in which
the land is located and indexed in the Grantor Index under the name of the owner of record
or recorded and noted on the owner's certificate of title. The fee for recording or registering
shall be paid by the Applicant.
D. The Applicant shall be responsible for filing a copy of the decision at the Registry of Deeds
for the county and district in which the land is located and indexed in the Grantor Index
under the name of the owner of record or recorded and noted on the owner's certificate of
title. The fee for recording or registering shall be paid by the Applicant. Prior to the
issuance of a building permit,the Applicant shall present evidence of such recording to the
Building Inspector and Planning Department.
E. For the purpose of securing the performance of all proposed work, including Landscaping
and off-site improvements, the PAA may require security submitted in the form of a check
made out to the Town of North Andover in an amount determined by the Board to be
sufficient to cover the cost of all or any part to stabilize or secure the site. The check will
then be placed in an interest-bearing account and will be released upon the completion of
the Development Project. The PAA, at its discretion, may release partial amounts of the
security at certain stages of construction.
§195-19.42. Time limit. A Development Project Plan Approval shall remain valid and shall run
with the land indefinitely provided that construction has commenced within two (2) years
58
after the decision issues, which time shall be extended by the time required to adjudicate
any appeal attributable to the Development Project. Said time shall also be automatically
extended if the Applicant is actively pursuing other required permits for the Development
Project or if the PAA finds there is good cause for the failure to commence construction,
or as maybe provided in an approval for a multi-phase Development Project.
§195-19.43. Revisions to Approved Development Project Plan.
A. Procedure. After Development Project Plan Approval, an Applicant may apply to make
revisions to a Development Project. Such minor changes must be submitted to the Town
Planner and the PAA on redlined prints of the approved Development Project Plan,
reflecting the proposed revisions, and on application forms provided by the Planning
Board. The PAA shall set forth any decision to approve or deny such minor change by
motion and written decision, and provide a copy to the Applicant for filing with the Town
Clerk.
B. If the revisions are determined by the PAA to (1) not adversely affect to the Development
Project lot(s) or neighboring properties, (n) not cause either a significant increase in
vehicular movement or alteration in pedestrian circulation routes, and (iii) be otherwise
consistent with the intent of the Master Development Plan and this Article 19 (examples
may include but not be limited to: revisions involving utilities, Building orientation, or
minor adjustments to parking or other site details, or provision of Open Space, or number
of Dwelling Units), the PAA may authorize such changes at any regularly scheduled
meeting, without the need to hold a public hearing.
C. If the revisions are determined by the PAA to (1) have a potential adverse effect on the
Development Project lot(s) or neighboring properties, or (11) cause either a significant
increase in vehicular movement or an alteration of pedestrian circulation routes, but (111)
are otherwise consistent with the intent of the Master Development Plan and this Article
19 (examples may include but not be limited to: revisions to Building location, height,
massing, or Use otherwise allowed pursuant to this Article 19), the PAA may authorize
such revisions at any regularly scheduled meeting after holding a public hearing.
D. If the revisions are determined by the PAA to be substantial and materially different from
the approved Master Development Plan pursuant to the standards set forth above(examples
may include but not be limited to: revisions inconsistent with the Master Development
Plan,Uses not allowed on the Master Development Plan, or significant revisions that result
in material, unanticipated impacts to traffic, stormwater, or municipal utility service), the
PAA shall direct the Applicant to resubmit the changes on a revised Master Development
Plan for approval by a vote of a Town Meeting in accordance with the provisions of this
section.
PART 10. Severability and Authority.
59
§195-19.44. Severability; Authority.
This Article 19 is promulgated pursuant to the authority of MGL c. 40A, as applicable. If any
provision of this Article 19 is found to be invalid by a court of competent jurisdiction, the
remainder of Article 19 shall not be affected but shall remain in full force and effect. The
invalidity of any provisions of this Article 19 shall not affect the validity of the remainder of this
article.
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Or take any other action relative thereto.
Planning Board
Planning Board Recommendation: Unfavorable Action
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Simple Majority
MOTION FAILED by a vote of 407 in the affirmative and 856 in the negative
Article 29: Amend Zoning Map—Mixed Use Overlay District. To amend the Zoning Map for
the Town of North Andover by including approximately 76 acres of land located at 1 and 28 Royal
60
Crest Drive, Town Assessor Map 25 Parcel,Parcels 66 and 35, as shown on a plan entitled"Mixed
Use Overlay District Map, prepared by Jeff Koetteritz, VHB, prepared for Article 19: Mixed Use
Overlay District, dated February 11, 2022". This map is hereby made a part of the Zoning Bylaw
and is on file in the office of the Town Clerk (the "Mixed Use Overlay District Map"). [The
Overlay District contains all of the real property described in a deed from Thomas J. Flatley to
Aimco North Andover, L.L.C. dated, recorded with the Essex North District Registry of Deeds in
Book 7042, Page 122 as more particularly shown on the "Mixed Use Overlay District Map".]
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Unfavorable Action
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Simple Majority
Legend
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In light of the vote on Article 28, the Planning Board requested that Article 29 be
WITHDRAWN. Not hearing objection, the Moderator so noted such.
Amidst the meeting, Moderator DiSalvo commended the service of the following individuals:
Amy Mabley, Sasha Weinreich, Thomas Ringler, Kevin Foley, John Fouhy, Heather McNeil,
Carolyn Cole, Max Butterbrodt, John Weir, Suzanne Egan, William McCarthy, Dawne Warren
and staff, John Highland, Brian Fraser and staff,Jeff Coco,Dr. James Mealey, and Steve Langlois.
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DiSalvo welcomed the following individuals: Joseph Hicks,Ava Pastor,Nancy Sarro, and Brianna
Stetson.
The 2022 Annual Town MeetinLy Dissolved upon UNANIMOUS vote upon motion of Chair
of the Select Board, Laura M. Bates at 10:11 PM with all articles voted.
Respectfully submitted,
,L;:ZA�
Carla Dawne Warren, Town Clerk
62