HomeMy WebLinkAboutAnnual Town Meeting Minutes May 16 2023
May 16, 2023 Annual Town Meeting Minutes - Final
Town Moderator, Mark S. DiSalvo, called the 2023 Annual Town Meeting to order at 6:33 PM in
the Auditorium at North Andover High School, 430 Osgood Street on Tuesday, May 16, 2023. To
accommodate apprehensive voters with continuing Covid concerns, there was a “masks
mandatory” section in the auditorium.
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. Five hundred twenty-four (524) voters
were admitted to the meeting.
Moderator DiSalvo welcomed all to the 2023 Annual Town Meeting, first established in 1646.
This year is the 377th anniversary of the founding of North Andover. DiSalvo respectfully
acknowledged the Town’s presence on the traditional lands of the Penacook and Pawtucket
Nations as the original stewards of this land, as they lived with great respect for the land and each
other for countless generations. He noted we live in a community that appreciates the practice of
direct participatory democracy – a very longstanding practice on this land given the significant
scholarship that Indigenous Americans enjoyed collective decision-making beginning 2,500 years
ago. This year, DiSalvo recognized the members of the North Andover High School’s Cultural
Diversity Association, representing Native Peoples and dozens of cultures, ethnicities, and
religions that make up the beauty of the community. The members of the Association include the
following: Seunghwan Shin, Cawan Souza Do Carmo, William Callahan, Vanio Pernikliev,
Georgie Rashad, and Alex Bace. They were welcomed with applause and led the Pledge of
Allegiance.
UNANIMOUS VOTE 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 by Janice M. Phillips, Chair of the Select Board, and the motion was seconded.
Vote Required: Majority Vote
Articles 1 – 4 were acted upon under a unanimous consent agenda motion.
Vote Required: Two-thirds (2/3) Vote
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 2022 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 Regarding
Contracts in Excess of Three Years. UNANIMOUS VOTE in accordance with the provisions
of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the
Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms
exceeding three years, including any renewal, extension or option, provided in each instance the
longer term is determined to be in the best interest of the Town by vote of at least four (4) members
of the 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 21, 28 and 29 were acted upon under a unanimous consent agenda motion.
Vote Required: Majority Vote
Article 21: Revolving Fund Spending Limits. UNANIMOUS VOTE to authorize the
following expenditure limits for revolving funds for certain Town departments under
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FY 2024
Revolving AccountExpenditure 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$ 565,000
Elder Services - COA Revolving$ 25,000
Fire Department$ 20,000
Massachusetts General Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2023, or
School Curriculum$ 100,000
Tax Title Revolving Fund$ 100,000
Tailings - Vendor Checks Revolving$ 100,000
take any other action related thereto:
Tailings - Payroll Checks Revolving$ 100,000
Vehicle Replacement - Town -wide$ 75,000
Ambulance CPE - Fire$ 150,000
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 28: Transfer to Stabilization. UNANIMOUS VOTE to transfer $299,567 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 29: Transfer to Capital Stabilization. UNANIMOUS VOTE to raise, appropriate and
transfer $350,000 from available funds or Free Cash into the Capital Stabilization Fund,
or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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WATER ENTERPRISE
FY24
Recommendation
FY24Town Manager
FY23DepartmentSelect Board
BudgetRequestFinance Committee
Personnel
1,189,3641,182,0011,291,001
Expense
3,695,3002,666,6442,678,644
Debt Service
569,143558,343558,343
Sub-Total Direct Expenditures5,453,8074,406,9874,527,987
Vote Required: Majority Vote
Transfer to Capital Projects
1,000,000425,000425,000
Admin/Indirect
1,097,4271,124,8631,124,863
Total Water Enterprise7,551,2345,956,8506,077,850
Articles 23 and 24 were acted upon under a unanimous consent agenda motion.
Vote Required: Majority Vote
Article 23: Appropriation – Water Enterprise Fund for Fiscal Year 2024. UNANIMOUS
VOTE to appropriate the amount of $6,077,850 in aggregate, for the purpose listed under column
"FY24 Recommendation: Town Manager, Select Board, Finance Committee" for the Fiscal Year
beginning July 1, 2023 and ending June 30, 2024; without regards to individual line items, and to
operate the Water Enterprise Fund, that $6,077,850 be raised from Water receipts and from these
receipts $1,124,863 be transferred to the General Fund for indirect cost and $425,000 to Capital
Projects,
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 24: Appropriation – Sewer Enterprise Fund for Fiscal Year 2024. UNANIMOUS
VOTE to appropriate the amount of $5,521,024 in aggregate, for the purpose listed under the
column “FY23 Recommendation: Town Manager, Select Board, Finance Committee” for the
Fiscal Year beginning July 1, 2023 and ending June 30, 2024; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $5,521,024 be raised from sewer receipts
and from these receipts $529,347 be transferred to the General Fund for indirect expenses and
$750,674 to Capital Projects,
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SEWER ENTERPRISE
FY24
Recommendation
FY24Town Manager
FY23DepartmentSelect Board
BudgetRequestFinance Committee
Personnel
490,361478,890478,890
Expense
505,850639,450644,450
GLSD Assessment
3,087,0003,303,0902,800,000
Debt Service
333,116317,663317,663
Sub-Total Direct Expenditures4,416,3274,739,0934,241,003
Transfer to Capital Project
600,000750,674750,674
Admin/Indirect
516,436529,347529,347
Total Sewer Enterprise5,532,7646,019,1145,521,024
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- Article III, §75-5, Town Clerk Fees
UNANIMOUS VOTE to amend the Town of North Andover General Bylaw, Article III, §75-5,
Town Clerk Fees as follows (by identifying text which is deleted as strikethrough and text added
as underlined):
Town Clerk fees shall be as follows. A review and adjustment of these fees may be made by the
Board of Selectmen whenever deemed necessary.
Item Fee
Vital Records – Certified $10
Vital Records - Affidavit of Correction $25
Filing Delayed Vital Record $25
Recording "Out of Commonwealth" Vital Events $25
Genealogy – Written $5
Intention of Marriage $40
Business Certificate (D/B/A) – Issuance $40
Change of D/B/A - Residence, Discontinuance $15
Certificate - Practice of Podiatry, Optometry $25
Certificate - Practice of Physician, Osteopath $25
Filing Declaration of Trust or Amendment $25
MGL c. 166, § 22 Recordings (Poles) $40
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Flammable Storage Tank Registration (per site) $150
Raffles and Bazaars (Nonprofits Only) $50
Street Listing Book $25
Filing Bond - Blasting Operations - MGL c. 148, § 40 $25
Filing Bond - Fireworks Storage - MGL c. 148, § 40 $25
Entertainment Licenses - 7-day $100
Entertainment License – Sunday $20
Town Clerk fees shall be set annually by the Select Board at their first meeting in January.
Or take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 6: Acceptance of Massachusetts General Law Chapter 59 § 5, Clause 17E.
UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 17E, which authorizes an annual
increase in the asset (whole estate) limit for exemptions granted to senior citizens, surviving
spouses and surviving minors under General Laws Chapter 59, Section 5, Clause 17D, by the
percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price
Index for the previous year as determined by the Commissioner of Revenue, to be effective for
exemptions granted for any fiscal year beginning on or after July 1, 2023.
Or take any other action relative thereto.
Town Assessor
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 7. Acceptance of Massachusetts General Laws Chapter 59, § 5, Clause 41D.
UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 41D, which authorizes an annual
increase in the income (gross receipts) and asset (whole estate) limits for exemptions granted to
senior citizens under General Laws Chapter 59, Section 5, Clause 41C, by the percentage increase
in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the
previous year as determined by the Commissioner of Revenue, to be effective for exemptions
granted for any fiscal year beginning on or after July 1, 2023.
Or take any other action relative thereto.
Town Assessor
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
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Vote Required: Majority Vote
Article 8. Acceptance of Massachusetts General Laws Chapter 59, § 5C1/2. UNANIMOUS
VOTE to accept M.G.L. Ch. 59 Sec. 5C1/2, which provides for an additional real estate exemption
for taxpayers who are granted personal exemptions on their domiciles under M.G.L. Ch. 59 Sec.
5 including certain blind persons, veterans, surviving spouses and seniors, and to provide that the
additional exemption shall be 100% of the personal exemption, to be effective for exemptions
granted for any fiscal year beginning on or after July 1, 2023, or take any action relative thereto.
Or take any other action relative thereto.
Town Assessor
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 9. Acceptance of Massachusetts General Laws Chapter 59, § 5, Clause 56.
UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 56, which authorizes the Board
of Assessors to grant, real and personal property tax abatement up to 100 percent of the total tax
assessed to members of the Massachusetts National Guard and to reservists on active-duty in
foreign countries for the fiscal year they performed such service subject to eligibility criteria to
be established by the Board of Assessors.
Or take any other action relative thereto.
Town Assessor
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 10: Land taking for Recreational Complex. A motion made by the Select Board to
TAKE NO ACTION on article 10. The motion passed by an OVERWHELMING MAJORITY
VOTE to take no action to authorize the Select Board to acquire by purchase, eminent domain or
confirmatory taking, and for a municipal purpose, a portion of land shown on a plan titled “Existing
Conditions Plan, Recreation Complex, 495 Main Street, North Andover, MA” dated December 20,
2018, prepared by Waterfield Design Group, said plan on file with the Town Clerk, and being that
portion of land approximately shown on said plan located between an existing fence and the
boundary line of land described as “N/F Michael Silverio, Map 44 Parcel 61,” and being that same
land claimed by adverse possession in Michael Silverio v. Town of North Andover, and to
authorize the Select Board to grant and accept title, all easements, and claims necessary to develop
the property; and to see what sum of money the Town will vote to transfer from available funds to
be used by the Select Board to acquire said property and to take all necessary actions necessary to
complete said acquisition.
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Or take any other action relative thereto.
Select Board
Select Board Recommendation: To be made a Town Meeting
Planning Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 11: Withdrawal of Fire Department from Civil Service. UNANIMOUS VOTE to
revoke the acceptance of Civil Service Laws for the Town of North Andover Department at all
ranks, thereby removing the Fire department 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.
or act in any other manner in relation thereto.
Town Manager
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 12: Amend General ByLaw- Chapter 5 School Building Committee. MAJORITY
VOTE to amend the Town of North Andover General By-Law Part I Chapter 5 by adding
Article V School Building Committee as follows:
Article V School Building Committee
Section 5-14 Purpose; membership
There is hereby created a committee responsible for overseeing the construction,
reconstruction, alteration or enlargement of all school building projects. In times when
more than one school building project is ongoing, multiple committees may exist.
For School Building projects awarded funding via the Massachusetts School Building
Authority, the School Building Committee shall be populated in accordance with 963
CMR 2.00, and may have additional voting and ex-officio members as mandated.
The SCHOOL BUILDING Committee shall consist of 7 voting members. The Selection
Committee (AS DEFINED IN 5-15 2) shall endeavor to appoint members with expertise
in architecture, building engineering, commercial or municipal construction,
construction law/contracts, and education. The term of each member’s appointment
shall expire upon the completion or earlier termination of the applicable School Project.
. The following individuals shall be ex-officio, non voting members of the Committee:
1. The Superintendent of School and/or his/her designee.
2. The Building Principal
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3. The Town Manager and/or his/her designee
4. The Town’s Procurement Officer
5. Other ex-officio members as recommended by the Superintendent of Schools or
Town Manager
Ex-officio members shall not count toward the committee quorum.
Section 5-15 Membership Selection
All regular members of the committee shall be appointed by the School Committee and then
confirmed by the Select Board in accordance with the following procedures.
An advertisement shall be published on the Town website inviting residents to submit
applications, including information regarding their professional credentials and relevant
experience. The notice of committee opening shall be published for no less than two weeks
prior to the deadline for submission. Applications shall be submitted to the Town Manager’s
office.
1. Interviews of candidates shall be conducted in open meeting The Selection committee
consisting of the Chair of the Select Board or his/her designee, Chair of the School
Committee or his/her designee and the Town Moderator or his/her designee. A unanimous
vote of those three parties will be required to move an applicant forward. In the instance that
a unanimous decision cannot be made within one week of interviewing all candidates or
within the timeline set forth by MSBA than a majority decision shall rule.
2. Recommended candidates will then be considered for appointment by the School
Committee who will make recommendation for appointment by the Select Board. This
recommendation is by majority vote. Applicants who do not receive a majority vote will
not be eligible for consideration by the Select Board.
3. Final appointment shall be made by majority vote by the Select Board. The Select Board
shall only consider applicants who have been approved in conformance with Section 2 and
3.
or take any action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
School Committee Recommendation: To be made at Town Meeting
Vote Required: Majority Vote
Article 13: Citizen Petition– “The William Symmes, Jr. Act”. UNANIMOUS VOTE
WHEREAS, Attorney William Symmes, Jr. was sent by Town Meeting in 1787 to represent the
town as one of three members of the Massachusetts Ratification Convention to consider
ratification of the United States Constitution as proposed; and
WHEREAS, being directed by Town Meeting to vote against ratification of the Constitution,
Symmes chose to vote Yes and, in remarks published across the Nation, explained his
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deliberation and change of opinion. He is widely credited with breaking a deadlock and causing
the US Constitution to be ratified in Massachusetts and subsequent states; and
WHEREAS, upon his return to our community Symmes was spurned and vilified for his support
for ratification and was forced to move from the town;
NOW, THEREFORE, BE IT RESOLVED by the legal voters of the Town of North Andover,
Massachusetts that his principled judgment is now, 235 years after his vote for ratification on 5
February 1788, respected and appreciated by this successor Town Meeting so gathered in 2023.
Christina Minicucci and others
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 14: Citizen Petition- Ban on single use disposable plastic bags. MAJORITY VOTE
to amend the General By-Laws, by adding to Chapter 160 “Solid Waste”, Article III
“Recycling”, a new section, §160-10, “Reduction of single-use plastic checkout bags” as
follows:
§ 160-10.1 Purpose and Intent.
The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single-
use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has
a significant detrimental impact on the environment, including, but not limited to: contributing to
pollution of land, waterways, and oceans; contributing to the death of land and marine animals
through ingestion and entanglement; creating a burden to solid waste collection and recycling
facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude
oil. Plastic bags also affect human health by adding pollutants to the air breathed during the
process of extracting oil from the ground, when they are disposed of by incineration, and when
they break down into microplastics (pieces <5mm) adding toxic elements to the air, groundwater
and seawater. Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans,
bivalves and other ocean life moving up the food chain to ultimately disrupt human health.
Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags
demonstrates the Town’s concern for the Town, its citizens and the planet.
§ 160-10.2. Definitions.
a) “Checkout bag”, a carryout bag provided by a store to a customer at the point of sale. Bags
used to bring loose produce or products to the point of sale are not considered checkout
bags.
b) "Recyclable Paper Bag" means a paper bag that is (1) 100 percent recyclable including, if
present, the handles; (2) contains at least 40% post-consumer recycled paper content; and,
(3) displays the words "recyclable" and "made from 40% post-consumer recycled content"
(or other applicable amount) in a visible manner on the outside of the bag.
c) “Reusable checkout bag”, a bag that (1) if it has handles, the handles are stitched and not
heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other
woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally
considered a food-grade material that is more than 4 mils thick and that is not polyethylene
(including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or
polyvinyl chloride.
d) “Food establishment” shall mean an operation with more than 3,000 square feet of finished
floor area that stores, prepares, packages, serves, vends or otherwise provides food for
human or animal consumption. However, the term “food establishment” does not include
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bazaars or festivals operated by nonprofit organizations or religious institutions as defined
by M.G.L. c. 12 or public or private schools.
§160-10.3. Regulation
a) If any food establishment as defined in Section 160-10.2 (d) provides a checkout bag to
customers, the bag shall comply with the requirements of being either a recyclable paper
bag or a reusable checkout bag.
§160-10.4. Enforcement and Penalties.
a. This bylaw shall be enforced by the Health Department, or its designated agent, and may
be enforced by any lawful means in law or in equity including, but not limited to, a non-
criminal disposition as provided by M.G.L. c. 40 § 21D and the Town of North Andover
General Bylaw Chapter 1, Article II, § 1-2(A).
b. Any food establishment that violates any provision of this Section shall be subject to the
following penalties:
i. Upon the first violation, the Health Department or its designated agent shall provide
the violator with written notice of such violation. The violator will then be entitled to
30 days after receipt of such notice to cure the violation before imposition of the
fine.
ii. After the 30-day period, if the violation has not been cured, a fine of $100 per day
will apply until the violation is cured.
iii. Additional violations after a cure will result in a fine of $100 per day without a 30-
day grace period.
§160-10.5. Effective Date.
a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use
their existing inventory of non-compliant checkout bags and to convert to alternative
packaging materials.
b. Each section of this bylaw shall be construed as separate to the end that if any section,
sentence, clause or phrase thereof shall be invalid for any reason, the remainder of this
bylaw shall continue in force.
Nancy Sarro on behalf of North Andover
Citizens for Sustainable Living
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 15: Citizen Petition- An Act to Amend the Town By Laws – Annual Town Meeting:
MOTION FAILED by a MAJORITY VOTE to authorize the North Andover Select Board to
petition the Massachusetts General Court to amend Division I – Chapter 30 – Article II of the
Town By Laws by inserting the underlined words and removing the crossed-out words:
30-11 The Board of Selectmen Select Board shall vote to set the date of the Annual Town
Meeting in accordance with MGL c. 39, & 9. MGL Chapter 39 also permits the Board of
Selectmen Select Board to postpone by vote an Annual Town Meeting. Any such postponement
shall be held on Saturday morning or any weekday evening Monday through Thursday at 7:00
p.m. until all articles in the warrant have been acted upon.
Provided, however that the General Court may make clerical or editorial changes of form only to
the bill, unless the Board of Selectman Select Board approves amendments to the bill before
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enactment by the General Court, and that the Board of Selectmen Select Board is authorized to
approve amendments which shall be within the scope of the general public objectives of the
petition.
or to take any other action in connection therewith.
Jennifer Goldman
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 16: Citizen petition- Petition General Court - An Act to Amend the Town Charter -
Town Meeting Procedures: MOTION FAILED by a MAJORITY VOTE to authorize the
North Andover Select Board to petition the Massachusetts General Court to amend Section 2-3-1
of the Town Charter by inserting the underlined words and removing the crossed-out words:
Chapter 2 Town Meeting
2-3-1 The Town Meeting shall meet in the month of June, as specified in the Town by-laws and
in accordance with Section 9 of Chapter 39 of the General Laws to consider and adopt an annual
operating and capital budget, and to act on other matters. The meeting shall be continued on
other days until all articles in the warrant have been acted upon.
Provided, however that the General Court may make clerical or editorial changes of form only to
the bill, unless the Board of Selectman Select Board approves amendments to the bill before
enactment by the General Court, and that the Board of Selectmen Select Board is authorized to
approve amendments which shall be within the scope of the general public objectives of the
petition.
or to take any other action in connection therewith.
Jennifer Goldman
Select Board Recommendation: Unfavorable Action
Vote Required: Majority Vote
Article 17: Citizen petition- Humane Pet Shop Ordinance: MAJORITY VOTE that Chapter
60 of the Code of the Town of North Andover be amended by adding the following
Section 60-9 Humane Pet Store Ordinance
A. Definitions The following words shall, unless the context clearly requires otherwise, have the
following meanings: Animal Rescue Organization: means a not-for-profit organization
incorporated under state law that has tax-exempt status under Section 501(c)(3) of the United
States Internal Revenue Code; that is registered with the Massachusetts Department of
Agricultural Resources, if required, and whose mission and practice is, in whole or in significant
part, the rescue and placement of dogs, cats, guinea pigs, or rabbits into permanent homes. The
term “animal rescue organization” does not include any person or entity that (1) breeds animals;
(2) is located on the same premises as a person that breeds animals; (3) obtains, in exchange for
payment or compensation, animals from a person that breeds animals; or (4) facilitates the sale of
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animals that were obtained, in exchange for payment or compensation, from a person that breeds
animals. Cat: means any member of the species Felis catus. Dog: means any member of the
species Canis familiaris. Guinea pig: means any member of the species Cavia Porcellus. Offer
for Sale: means to advertise or otherwise proffer a dog, cat, guinea pig, or rabbit for acceptance
by another person or entity. Person: means an individual, corporation, partnership, association, or
any other entity. Pet Shop: means a retail establishment where animals are sold or offered for
sale as pets that is required to be licensed pursuant to M.G.L. c. 129 § 39A and 330 CMR 12.00.
A person who only sells or otherwise transfers the offspring of animals the person has bred on
their residential premises shall not be considered a “pet shop” for purposes of this section. Public
Animal Control Agency or Shelter: means a facility operated by a governmental entity, for the
purpose of impounding seized, stray, homeless, abandoned, unwanted, or surrendered animals, or
a facility operated for the same purposes under a written contract with a governmental entity.
Rabbit: means any member of the species Oryctolagus cuniculus domesticus. Sell: means to
exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer animals.
B. Sale of Dogs, Cats, Guinea Pigs, or Rabbits by Pet Shops Prohibited (1) It shall be
unlawful for a pet shop to sell or offer for sale a dog, cat, guinea pig, or rabbit. (2) A pet shop
may provide space for the display of dogs, cats, guinea pigs, or rabbits available for adoption by
a public animal control agency or shelter or an animal rescue organization so long as: (i) the pet
shop receives no part of any fees associated with the display or adoption of the animals and has
no ownership interest in any of the animals displayed or made available for adoption; and (ii) the
pet shop maintains no ownership interest in any of the animals displayed or made available for
adoption; and (iii) the pet shop maintains records sufficient to document the source of each dog,
cat, guinea pig, or rabbit the pet shop displays, for at least one year following the date of display.
Such records shall be made available, immediately upon request, to any animal control officer or
any duly appointed officer or representative of the Town.
C. Enforcement and Severability (1) Any pet shop that makes a sale or offer for sale of a dog,
cat, guinea pig, or rabbit in violation of subsection B(1) shall be fined $300. Each unlawful sale
or offer for sale shall constitute a separate violation. (2) Any pet shop that makes a provision of
space knowingly and in violation of subsection B(2) shall be fined $300. Each unlawful
provision of space shall constitute a separate violation. (3) In addition to any other remedy
provided by law, this Chapter may be enforced by police officers and animal control officers
through any means available in law or equity, including but not limited to noncriminal
disposition in accordance with G.L. c. 40, § 21D. The invalidity of any section or provision of
this bylaw does not invalidate any other section or provision of it.
D. Effective Date The provisions of these section shall be effective upon satisfaction of the
requirements for Attorney General approval and for posting or publication provided in M.G.L. c.
40 § 32.
Laura Parks
Select Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 18: Appropriation – Capital Improvement Plan for Fiscal Year 2024.
OVERWHELMING MAJORITY to appropriate the aggregate amount of $29,982,226 to fund
the capital projects identified below in the amounts designated for each project under the heading
“Select Board/Finance Committee/Town Manager Recommendations”, and to pay all costs
incidental and related to each such project:
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FY24 CIP
Recommendations
Select BoardAuthorized to
Finance Other Funding
CommitteeSourcesBorrow under
Retained
(Grants, Chapter Earnings/ Free
Town Manager 90, CPA & Spec Raise & Cash/CIP Bond
Line #Project DescriptionRecommendationsRev)AppropriatedStabilizationProceedsChapter 44
Middle Sch Contrustion/Renovations (Facilities Master
Plan)$ 21,808,344$ -$ -$ -$ (21,808,344)$ -
1
Fields Master Plan Implementation
$ 100,000$ -$ -$ (100,000) $ -$ -
2
Playground Improvements (Town wide)
$ 50,000$ -$ -$ (50,000)$ -$ -
3
NA Tree Inventory & Management Plan
$ 85,100$ -$ -$ (85,100)$ -$ -
4
Office assigned less lethal weapons (Tasers)
$ 160,350$ -$ -$ (160,350) $ -$ -
5
Fire Prevention Car$ 56,143$ -$ -$ (56,143)$ -$ -
6
Signal Communications TRX50 Radio Box Receiver &
Equipment
$ 57,705$ -$ -$ (57,705)$ -$ -
7
8 Roadway Improvements( FY24-FY28)$ 1,203,011 $ (820,000) $ -$ (383,011) $ -$ -
9 Front End Loaders (2)$ 745,000$ -$ -$ (745,000) $ -$ -
10 Culvert & Drainage Infrastructure Assessment & Replacement$ 760,000$ -$ -$ (760,000) $ -$
-
11 Sidewalk Improvements (FY24-FY28)$ 500,000$ -$ -$ (500,000) $ -$ -
12 NAPD Sewer Improvements$ 250,000$ -$ -$ (250,000) $ -$ -
13 New Fueling Station$ 140,000$ -$ -$ (140,000) $ -$ -
14 IT Municipal (FY24-FY28)$ 40,000$ -$ -$ (40,000)$ -$ -
15 Computer Workstation Replacements$ 75,000$ -$ -$ (75,000)$ -$ -
16 CIP Website upgrade$ 25,000$ -$ -$ (25,000)$ -$ -
17 Building Replacement & Repairs (FY24-FY28)$ 450,000$ -$ -$ (450,000) $ -$ -
18 Roof Replacement various Buildings$ 923,899$ -$ -$ (923,899) $ -$ -
19 HVAC Equipment Replacement$ 400,000$ -$ -$ (400,000) $ -$ -
20 ADA Facilities Upgrades$ 27,000$ -$ -$ (27,000)$ -$ -
21 Districtwide Exterior Maintenance/Renovations$ 250,000$ -$ -$ (250,000) $ -$ -
22 High School Auditorium Upgrades$ 200,000$ -$ -$ (200,000) $ -$ -
23 ABECC Gym Design/Construction$ 300,000$ -$ -$ (300,000) $ -$ -
24 IT School (FY24-FY28$ 200,000$ -$ -$ (200,000) $ -$ -
General Fund Total
$ 28,806,552$ (820,000) $ -$ (6,178,208)$ (21,808,344)$ -
Improvements to various Water Booster Stations200,000
$ -$ -$ (200,000) $ -$ -
25
WTP Lab Renovations225,000
$ -$ -$ (225,000) $ -$ -
26
Water Enterprise Fund Total
$ 425,000$ -$ -$ (425,000) $ -$ -
Improvements to Sewer Pump Stations$ 250,000$ -$ -$ (250,000) $ -$ -
27
Sewer Collections System Improvements$ 350,000$ -$ -$ (350,000) $ -$ -
28
Sewer Utility Truck$ 150,674$ -$ -$ (150,674) $ -$ -
29
Sewer Enterprise Fund Total
$ 750,674$ -$ -$ (750,674) $ -$ -
Total All Funds
$ 29,982,226$ (820,000) $ -$ (7,353,882)$ (21,808,344)$ -
and that to meet this appropriation:
(1) The Treasurer, with the approval of the Select Board, is authorized to borrow $21,808,344
for the appropriation identified in item 1 above under Massachusetts General Laws Chapter
44, Section 7(1), or pursuant to any other enabling authority, and to issue bonds or notes
of the Town therefor;
(2) The appropriations identified in items 2 through 7 and items 9 through 24 above shall be
funded from Free Cash in the aggregate amount of $6,178,208;
(3) The appropriation identified in item 8 above shall be funded with Chapter 90 state grant
funds in the amount of $820,000;
14
(4) The appropriations identified in items 25 and 26 above shall be funded from Water
Enterprise Fund retained earnings in the aggregate amount of $425,000; and
(5) The appropriations identified in items 27 through 29 above shall be funded from Sewer
Enterprise Fund retained earnings in the aggregate amount of $750,674;
or to take any other action relative thereto.
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Two-thirds (2/3) Vote
Article 19: Report of the Community Preservation Committee – Appropriation from
Community Preservation Fund.
Michael Lis proposed an amendment to Article 19 to remove project numbers 6,9, and 10 from the
proposed list of items to be funded. A motion was made and seconded. The amendment failed by
a majority vote.
A SIGNIFICANT MAJORITY voted 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
1. $86,800.00 Phase 2 of Lake Access Project (recreation)
2. $131,610.00 Parson Barnard House Restoration (historic preservation)
3. $61,600.00 Historic Artifact Preservation (historic preservation)
4. $182,754.00 Stevens Library stairs (historic preservation)
5. $30,500.00 Historic Preservation Master Plan (historic preservation)
6. $59,600.00 Stevens Coolidge Ballroom Mural (historic preservation)
7. $225,000.00 Second Burial Ground Restoration (historic preservation)
8. $25,000.00 Preservation of Historical Records (historic preservation)
9. $205,000.00 Preservation of Barn at 419 Johnson Street (historic preservation)
10. $275,000.00 Restoration of Boundary Wall (historic preservation)
11. $150,000.00 Stevens Estate Stables (historic preservation)
12. 10% allocation for Affordable Housing (affordable housing)
13. $515,000 Acquisition of 0 Bradford Street (open space)
14. $50,000.00 for administrative expenses
$2,197,864.00 Total for Requested Projects
Community Preservation Committee
Select Board Recommendation: Favorable Action
15
Finance Committee Recommendation: Favorable Action on all except #9 (to be made at
Town Meeting) and #10 (unfavorable action)
Planning Board Recommendation: Favorable Action
Vote Required: Majority Vote
Article 20: 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 $5,000
Chairman of Select Board, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
or to take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 22: Appropriation – General Fund for Fiscal Year 2024. SUPERMAJORITY vote
to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2023 and
ending June 30, 2024,
16
FY24 GENERAL FUND BUDGET
Fiscal YearFiscal Year Fiscal Year
202320242024
RECAPDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
Revenues & Other Financing Sources
Operating Revenues
Property Taxes91,721,24896,713,71095,953,710
Local Receipts10,965,32011,260,00111,916,574
State Aid13,686,71613,686,71613,686,716
Operating Transfers1,840,8451,883,1671,997,514
Total Operating Revenues118,214,129123,543,595123,554,514
Other Fin. Sources
Free Cash6,736,45407,382,663
Overlay Surplus000
Others one time revenues034,50034,500
Total Other Fin Sources6,736,45434,5007,417,163
Total Opr. Rev. & Fin Sources124,950,583123,578,094130,971,676
Operating Expenses
GENERAL GOVERNMENT
Town Moderator850850850
Selectmen/ Town Manager460,502500,235502,735
Finance Committee750750750
Town Accountant253,587319,241319,241
Assessing405,028497,238424,047
Treasurer/Collector 507,031495,691495,691
Legal185,117197,712197,712
Human Resource243,947252,058252,058
Town Clerk330,425339,905339,905
Conservation132,998138,999137,299
Community Development263,093228,988238,988
Planning 212,597295,351295,351
Board of Appeals21,27122,06622,066
3,017,1973,289,0853,226,694
17
Fiscal Year Fiscal Year Fiscal Year
202320242024
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
PUBLIC SAFETY
Police Department6,261,3386,708,5506,566,950
Fire Department6,659,0967,302,5097,219,955
Public Safety Salary Reserve000
Inspectional Services332,293346,392346,392
Emergency Management32,44032,44232,442
13,285,16714,389,89414,165,740
EDUCATION
N A Public School57,217,20060,364,14660,364,146
Full Day Kindergarten 000
Special Education000
57,217,20060,364,14660,364,146
PUBLIC WORKS
Administration558,991688,438690,439
Street & Sidewalks1,774,2871,856,0261,870,026
Solid Waste/Recycling1,590,0001,805,0001,805,000
Fleet Maintenance345,000604,000485,000
Structures & Grounds410,000503,000300,000
Snow & Ice Removal1,000,0001,100,0001,000,000
5,678,2796,556,4646,150,464
HEALTH & HUMAN SERVICES
Health Department294,765301,844303,014
Elder Services428,902324,057337,691
Youth Service445,418464,339462,339
Veterans Service434,485459,190357,310
1,603,5701,549,4301,460,354
CULTURE & RECREATION
Stevens Library1,242,3661,313,6841,248,334
Festival Committee20,00020,00020,000
1,262,3661,333,6841,268,334
SUPPORT SERVICES
Admin Support101,79769,250101,750
Outside Auditing60,00052,00052,000
Information Technology1,558,1671,657,2921,657,292
Facilites365,222408,521956,366
2,085,1872,187,0632,767,408
18
Fiscal Year Fiscal Year Fiscal Year
202320242024
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
DEBT SERVICE
Excluded - Principal - Long Term330,000325,000325,000
Excluded - Interest - Long Term28,35018,52518,525
Excluded - Interest - Short Term000
Included - Principal - Long Term3,389,2184,620,3373,124,249
Included - Interest - Long Term861,955742,747742,747
Included - Interest - Short Term000
4,609,5235,706,6094,210,521
EMPLOYEE BENEFITS
Retirement Assessment6,953,2687,443,6347,443,634
Workers Comp397,674482,441482,441
Unemployment Compensation125,000125,000125,000
Group Insurance12,067,89412,912,64711,912,647
Payroll Taxes1,237,7881,274,9221,274,922
Employee Benefits - Deferred Comp65,00077,50081,500
Police & Fire Accident & Sickness Inc.239,357245,341245,341
IOD (Injury on Duty)78,00079,56079,560
21,163,98122,641,04521,645,045
LIABILITY INSURANCE
405,610483,100483,100
MISC. NON DEPARTMENTAL COST
Regional Schools - Greater Lawrence Tech538,430570,736570,736
Regional Schools - Essex Agricultural School418,000418,000418,000
Payroll Salary Reserve175,4940228,200
Payroll Retirement Reserve58,307081,725
Health Insurance Opt Out Program00300,000
Finance Committee Reserve1,400,0001,500,0001,500,000
Reserve for Debt (MSBA)68,926068,926
Transfer to Capital Stabilization Fund from Operating2,855,48902,996,088
OPEB Trust000
5,514,6462,488,7366,163,674.92
Total Non - Departmental Cost31,693,76131,319,48932,502,340
Annual Town Meeting Vote 115,842,726120,989,255121,905,481
19
Fiscal Year Fiscal Year Fiscal Year
202320242024
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
CAPITAL & RESERVES
Transfer to Stabilization Fund221,2000299,567
Transfer to Capital Stabilization Fund from free cash344,5110350,000
Transfer to OPEB Trust 141,000075,000
Transfer to Capital Project 6,029,74306,178,208
Transfer to Special Education Stabilization000
Transfer for PY Stevens Estate Revenues00479,888
Deficits ( Snow and Ice)000
Deficits (overlay)000
Overlay596,908600,0001,000,000
7,333,362600,0008,382,663
STATE ASSESSMENTS
Spec Ed21,00121,00121,001
Mosquito Control114,606114,606114,606
Air Pollution Districts10,72410,72410,724
Regional Transit216,339216,339216,339
RMV Non Renewal Surc17,62017,62017,620
School Choice138,074138,074138,074
Charter School Assessment151,149151,149151,149
669,513669,513669,513
General Fund Budget123,845,602122,258,768130,957,657
AND TO FURTHER TRANSFER TO THE GENERAL FUND
FROM SPECIAL REVENUE - GLSD 274,378.11
FROM FREE CASH - TO OPEB TRUST FUND75,000.00
349,378.11
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 25: Stevens Estate Special Purpose Revolving Fund. SUPERMAJORITY vote to
authorize the Select Board to petition the General Court for special legislation in the form set
forth below, and to authorize the General Court to make clerical or editorial changes of form
only to the bill unless approved in advance by the Select Board, and to authorize the Select
Board to approve such revisions as fall within the public purpose of this vote:
SECTION 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the
general laws or any other general or special law to the contrary, there shall be in the town
20
of North Andover a special purpose revolving fund into which shall be deposited receipts
received from the use and operation of what is commonly known as the Stevens Estate,
located at 723 Osgood Street, North Andover, MA, such fund to be known as the Stevens
Estate revolving fund.
SECTION 2. The Stevens Estate revolving fund may be expended by the town manager
for the maintenance, repair, upkeep and operation of the Stevens Estate, including
associated buildings and grounds.
SECTION 3. The limit on the total amount that may be expended from the Stevens Estate
revolving fund in any fiscal year shall be determined annually by vote of the Select
Board.
SECTION 4. The Stevens Estate revolving fund, except as otherwise contained herein,
shall be considered a revolving fund for the purposes of said section 53E½ of chapter 44,
SECTION 5. This act shall take effect upon its passage.
Or take any action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 26: Transfer of funds not to exceed $480,000.00 from free cash to FY2023 General
Fund. SUPERMAJORITY vote to transfer of funds not to exceed $480,000.00 from free cash
to FY2023 General Fund.
or take any other action relative thereto.
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 27: Transfer funds from overlay surplus to Fiscal Year 2024 General Fund
UNANIMOUS vote to transfer $190,000 from overlay surplus to the assessor’s fiscal year 2024
operating budget. This amount will fund the effort of the quinquennial revaluation of
assessments required by the Massachusetts Department of Revenue and fund the upgrade of the
outdated Computer Aided Mass Appraisal software used for valuations in the assessing
department.
or take any other action relative thereto.
21
Select Board
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 30: Transfer to Public Works Capital Account for Rolling Stock. UNANIMOUS
VOTE to transfer from free cash to Public Works Capital Account to fund rolling stock the amount
of $119,000
Town Manager
Select Board Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Vote Required: Majority Vote
Article 31: Amend Zoning Bylaw – Article 8 Supplementary Regulations, Part 13
Inclusionary Housing Requirement: 2/3 VOTE WAS DECLARED BY THE
MODERATOR to amend the Town of North Andover Inclusionary Housing Requirement
bylaw, by making the following amendments (by identifying text which is deleted as
strikethrough and text added as underlined):
A RTICLE 8 S UPPLEMENTARY R EGULATIONS
P ART 13 I NCLUSIONARY H OUSING R EQUIREMENT
195-8.95 P URPOSE AND I NTENT
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;
22
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 D EFINITIONS
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
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.
23
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 56.00, Chapter
40B of the Massachusetts General Laws, and applicable DHCD guidelines.
195-8.97 A PPLICABILITY
A. This Inclusionary Housing Bylaw applies to aAny proposed residential or mixed-use
developments, including a conventional subdivision of land under M.G.L. Chapter 41,
Section 81K-81GG, in any zoning district 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 this 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 § 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.
24
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:
1) With the exception of Continuing Care Retirement Centers, as defined and described
in Sections 195-13.1 to 195-13.7 of the zoning bylaw, aAs a condition of approval for
a Special Permit in a development subject to this Inclusionary Housing Requirements
bBylaw, the applicant shall contribute at least fifteen percent (15%) of the total
housing units in the development subject to this bylaw as Affordable Housing Units
in any one or combination of methods provided for below:
a) Constructed or rehabilitated on the locus subject to the Special Permit (see §
195-8.100); or
b) Constructed or rehabilitated on a locus different than the one subject to the
Special Permit (see § 195-8.101); or
c) An equivalent fees-in-lieu of payment may be made (see §195-8.102).
2) Continuing Care Retirement Centers or an Elderly Housing Development shall
contribute at least five percent (5%) of the total number of housing units in the
development as Affordable Housing Units in any one or combination of methods
provided above. compliance with number 1 or 3 above or in combination of methods
provided for in number 1 and 3 above.
3) The applicant may offer, and the SPGA may accept, any combination of the Section
195-8.99A.1.a) through c) 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.
4) 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.
5) 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 it is recorded at the North Essex Registry of Deeds;
and a copy provided to the Planning Board and the Inspector of Buildings.
25
6) 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.
7) 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.in a manner that is consistent with the schedule described in § 195-
100.E.
B. To facilitate the objectives of this § 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:
1) 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 § 195-8.99A.1
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.
2) 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.
3) Voluntary Inclusionary Housing Bonus: New affordable housing development that is
not subject to § 195-8.97 and exceeds the requirements specified in § 195-8.99A may
receive the same benefits specified in § 195-8.99B.1 and 2. 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.
4) Continuing Care Retirement Centers are not subject to the provisions stated in §195-
8.99(B). Bonuses under Article 13 Continuing Care Retirement Center § 195-13.6
are applicable.
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
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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.
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 PermitCertificate of Occupancy 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 § 195-8.100, an applicant subject to the bylaw
may develop, construct or otherwise provide Affordable Housing Units equivalent to
those required by § 195-8.99 off-site within the Town of North Andover. 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 §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.
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195-8.102 FEES-in-LIEU-of AFFORDABLE HOUSING UNIT PROVISION:
A. With the exception of Continuing Care Retirement Centers, as defined and described in
§195-13.1 to 195-13.7 of the zoning bylaw, aAs an alternative to the requirements of
§195-8.100 or § 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 § 195-8.99.
B. Continuing Care Retirement Centers, as an alternative to the requirements of §195-8.100,
may petition the SPGA for permission to make cash payment as delineated in § 195-13.6
of the zoning bylaw.
C. With the exception of Continuing Care Retirement Centers, aApproval for cash fees-in-
lieu shall only be granted by the SPGA in strict accordance with the following:
1) After making a finding that the applicant has clearly demonstrated that providing such
Affordable Housing Unit(s) would make the development economically infeasible.
2) 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 § 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.
3) Schedule of fees-in-lieu-of-unit payments: Fees-in-lieu-of-unit payments shall be
made according to the schedule set forth in § 195-8.100(E), above. The cash payment
shall be made to the Affordable Housing Trust Fund.
D. Creation of Affordable Units: Cash contributions made to the Affordable Housing Trust
Fund in accordance with § 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
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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. (§ 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 .
1) 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 § 195-8.104.A. above.
2) 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:
1) No Certificate of Occupancy shall be issued until an Affordable Housing Restriction
in the form of a LIP regulatory and use agreement has been reviewed by Town
Counsel and 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
Certificate of Occupancy 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.
195-8.106 Local Initiative Program Requirements
The applicant shall be responsible for preparing and submitting any documentation that
may be required by the DHCD 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 control.
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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 to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 32. Amend North Andover Zoning Bylaw – Article 4, Part 6 Floodplain District. 2/3
VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover
Zoning Bylaw, Buildings and Uses Permitted, Part 6 Floodplain District in order to become
consistent with the National Flood Insurance Act of 1986 requirements, language and definitions
by making the following amendments (by obsoleting the existing text, carrying forward
applicable text and identifying new text added as underlined):
§ 195-4.25 Purpose .
The purpose of the Floodplain District is to:
A. Ensure public safety through reducing the threats to life and personal injury.
B. Eliminate new hazards to emergency response officials.
C. Prevent the occurrence of public emergencies resulting from water quality, contamination,
and pollution due to flooding.
D. Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down
the utility network and impact regions of the community beyond the site of flooding.
E. Eliminate costs associated with the response and cleanup of flooding conditions.
F. Reduce damage to public and private property resulting from flooding waters.
§ 195-4.26 Boundaries.
The Floodplain District is herein established as an overlay district and includes all special flood
hazard areas within the Town of North Andover designated as Zones A and AE on the Essex
County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels
of the Essex County FIRMs that are wholly or partially within the Town of North Andover are
panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F,
25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F,
25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and
25009C0381F, dated July 3, 2012. The exact boundaries of the district may be defined by the one-
30
hundred-year base flood elevations shown on the FIRM and further defined by the Essex County
Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated
herein by reference and are on file with the Town Clerk, Planning Board, Building Official and
Conservation Commission.
§ 195-4.27 Base flood elevation and floodway data.
A. Floodway data. In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local or other floodway data as
determined by the Building Inspector, in consultation with the Director of the Division of
Public Works, shall be used to prohibit encroachments in floodways which would result in
any increase in flood levels within the community during the occurrence of the base flood
discharge.
B. Base flood elevation data. Base flood elevation data is required for subdivision proposals or
other developments greater than 50 lots or five acres, whichever is the lesser, within
unnumbered A Zones.
C. Areas designated as floodplain on the North Andover Flood Insurance Rate Maps may be
determined to be outside the Floodplain District by the Building Inspector, in consultation
with the Director of the Division of Public Works, if an accurate topographic and property
line survey of the area conducted by a registered professional engineer or land surveyor
shows that the floodplain contour elevation does not occur in any area of proposed buildings,
structures, improvements, excavation, filling, paving, or other work activity. The person
requesting the determination shall provide any other information deemed necessary by the
Building Inspector, in consultation with the Director of the Division of Public Works, to
make that determination. If the Building Inspector, in consultation with the Director of the
Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the
subject area shall not be regulated as occurring within the Floodplain District, and any such
determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall
prohibit the Conservation Commission, Board of Health, or other Town officials or Board
from making non-zoning determinations of the floodplain or performing their official duties.
§ 195-4.28Notification of watercourse alteration.
If a landowner or project proponent proposes to alter or relocate any watercourse, that person shall
notify the following parties and provide evidence of such notification to every Town board or
official which or who has jurisdiction over such alteration or relocation prior to or at the time of
applying for any approval that is required to perform such alteration of relocation:
A. Notify, in a riverine situation, the following of any alteration or relocation of a watercourse:
(1) Adjacent communities.
(2) NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
31
Boston, MA 02114-2104
(3) NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
§ 195-4.29 Compliance with regulations.
A. The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and nonstructural activities, whether
permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and
with the following
(1) Section of the Massachusetts State Building Code which addresses floodplain and coastal
High hazard areas (currently 780 CMR 120G);
(2) Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
(3) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
(310 CMR 15.00);
B. Any variances from the provisions and requirements of the above-referenced state regulations
may only be granted in accordance with the required variance procedures of these state
regulations.
§ 195-4.30 Use and development regulations.
A. Within Zone AE, along watercourses that have a regulatory floodway within the Town of
North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments are
prohibited in the regulatory floodway which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge. However, a
registered professional engineer may provide proof and certification to the Building
Commissioner, in conjunction with the Director of the Division of Public Works,
demonstrating that such encroachments shall not increase flood levels during the occurrence
of the one-hundred-year flood, and if the Building Commissioner, in conjunction with the
Director of the Division Public Works, approves this certification, such encroachments shall
not be deemed to be prohibited.
B. Subdivision proposals.
(1) All subdivision proposals filed in accordance with MGL c. 41, §§ 81S and 81T (or any
revisions to the Subdivision Control Law referencing the submission of preliminary or
definitive subdivision plans), respectively, shall be designated so that:
(a) Such proposals minimize flood damage;
32
(b) All public utilities and facilities are located and constructed to minimize or eliminate
flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards.
(2) Existing contour intervals of site and elevations of existing structures must be included on
plan proposal;
(3) The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building
Commissioner for comments which will be considered by the appropriate permitting board
prior to issuing applicable permits.
§ 195-4.31Permitted uses.
The following uses of low flood damage potential and causing no obstruction to flood flows are
encouraged, provided they are permitted in the underlying district and they do not require
structures, fill or storage of materials or equipment:
A. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
B. Forestry and nursery uses.
C. Outdoor recreational uses, including fishing, boating, play areas, etc.
D. Conservation of water, plants, wildlife.
E. Wildlife management areas, foot, bicycle, and/or horse paths.
F. Temporary nonresidential structures used in connection with fishing, growing, harvesting,
storage, or sale of crops raised on the premises.
G. Buildings lawfully existing prior to the adoption of these provisions.
§ 195-4.32 Definitions.
The following definitions are taken from the NFIP regulations and the Massachusetts State
Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance
of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30,
AE, A99, V1-30, VE, or V.
BASE FLOOD
The flood having one-percent chance of being equaled or exceeded in any given year.
COASTAL HIGH-HAZARD AREA
33
The area subject to high-velocity waters, including but not limited to hurricane wave wash
or tsunamis. The area is designated on a FIRM as Zones V, V1-30, and VE.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to
building or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations.
DISTRICT
The Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) and which is completed before the effective date
of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The agency that administers the National Flood Insurance Program. FEMA provides a
nationwide flood hazard area mapping study program for communities as well as
regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses,
the boundaries of the one-hundred-year and five-hundred-year floods and the one-hundred-
year floodway. (For maps done in 1987 and later, the floodway designation is included on
the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community issued by FEMA where the boundaries of the flood and
related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which FEMA has delineated both the areas of special
flood hazard and the risk-premium zones applicable to the community.
34
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards, and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination
of flood-related erosion hazards.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of NFIP Regulation 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "manufactured home"
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes, the term "manufactured home"
does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
NEW CONSTRUCTION
For floodplain management purposes, structures for which the start of construction
commenced on or after the effective date of a floodplain management regulation adopted
by a community. For the purpose of determining insurance rates, "new construction" means
structures for which the start of construction commenced on or after the effective date of
an initial FIRM or after December 31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of the
floodplain management regulations adopted by a community.
35
ONE-HUNDRED-YEAR FLOOD
See "base flood."
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
An area having special flood and/or flood-related erosion hazards, and shown on an FHBM
or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, or VE.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure on site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavations; or the placement of a manufactured home on a
foundation. For a substantial improvement, the "actual start of construction" means the first
alteration of any wall, ceiling, or floor or other structural part of the building, whether or
not that alteration affects the external dimensions of the building.
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank that is principally above ground, as well as a manufactured home.
"Structure," for insurance coverage purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground and affixed to a permanent
site, as well as a manufactured home on a foundation. For the latter purpose, the term
includes a building while in the course of construction, alteration, or repair, but does not
include building materials or supplies intended for use in such construction, alteration, or
repair, unless such materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of
which equals or exceeds 50% of the market value of the structure before the start of
construction of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
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ZONE A
The one-hundred-year floodplain area where the base flood elevation (BFE) has not been
determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE A1-A30 AND ZONE AE (FOR NEW AND REVISED MAPS)
The one-hundred-year floodplain where the base flood elevation has been determined.
ZONE A99
Areas to be protected from the one-hundred-year flood by federal flood protection system
under construction. Base flood elevations have not been determined.
ZONE AH AND ZONE AO
The one-hundred-year floodplain with flood depths of one foot to three feet.
ZONE V
A special flood hazard area along a coast subject to inundation by the one-hundred-year
flood with the additional hazards associated with storm waves. Base flood elevations have
not been determined.
ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS)
A special flood hazard area along a coast subject to inundation by the one-hundred-year
flood with additional hazards due to velocity (wave action). Base flood elevations have
been determined.
ZONES B, C, AND X
Areas identified in the community Flood Insurance Study as areas of moderate or minimal
\[1\]
flood hazard. Zone X replaces Zones B and C on new and revised maps.
\[1\]
Editor's Note: Original § 4.2, Phased Development, which immediately followed this section,
expired 7-1-2009 and is therefore no longer included in the Zoning Bylaw.
§ 195-4.25 Purpose.
The purpose of the Floodplain District is to:
A. Ensure public safety through reducing the threats to life and personal injury.
B. Eliminate new hazards to emergency response officials.
C. Prevent the occurrence of public emergencies resulting from water quality, contamination,
and pollution due to flooding.
37
D. Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down
the utility network and impact regions of the community beyond the site of flooding.
E. Eliminate costs associated with the response and cleanup of flooding conditions.
F. Reduce damage to public and private property resulting from flooding waters.
§ 195-4.26 Boundaries, Use of FEMA Maps and Supporting Studies.
The Floodplain District is herein established as an overlay district and includes all special flood
hazard areas within the Town of North Andover designated as Zones A, AE, AH, AO, A99, V or
VE on the Essex County Flood Insurance Rate Maps (FIRMs) dated July 19, 2018 issued by the
Federal Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRMs that are wholly or partially
within the Town of North Andover are panel numbers 25009C0207F, 25009C0209F,
25009C0217F, 25009C0226F, 25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F,
25009C0236F, 25009C0237F, 25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F,
25009C0243F, 25009C0244F, 25009C0377F and 25009C0381F, dated July 19, 2018. The exact
boundaries of the district shall be defined by the 1% chance base flood elevations shown on the
FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 19,
2018. The FIRM and FIS report are incorporated herein by reference and are on file with the
Town Clerk, Planning Board, Building Official and Conservation Commission.
Areas designated as floodplain on the North Andover Flood Insurance Rate Maps may be
determined to be outside the Floodplain District by the Building Inspector, in consultation with
the Director of the Division of Public Works, if an accurate topographic and property line survey
of the area conducted by a registered professional engineer or land surveyor shows that the
floodplain contour elevation does not occur in any area of proposed buildings, structures,
improvements, excavation, filling, paving, or other work activity. The person requesting the
determination shall provide any other information deemed necessary by the Building Inspector,
in consultation with the Director of the Division of Public Works, to make that determination. If
the Building Inspector, in consultation with the Director of the Division of Public Works,
determines that the Flood Insurance Rate Maps are in error, the subject area shall not be
regulated as occurring within the Floodplain District, and any such determination shall be noted
on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation
Commission, Board of Health, or other Town officials or Board from making non-zoning
determinations of the floodplain or performing their official duties.
§ 195-4.27 Designation of Community Floodplain Administrator
The Town of North Andover hereby designates the position of Building Inspector to be the
official floodplain administrator for the Town of North Andover.
§ 195-4.28 Permits Required for all proposed development in the Floodplain District
The Town of North Andover requires a permit for all proposed construction or other
development in the Floodplain District, including new construction or changes to existing
buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds,
storage facilities or drilling, mining, paving and any other development that might increase
flooding or adversely impact flood risks to other properties.
38
§ 195-4.29 Other Necessary Permits Obtained
The Town’s permit review process includes the requirement that the proponent obtain all local,
state and federal permits that will be necessary in order to carry out the proposed development in
the floodplain overlay district. The proponent must acquire all necessary permits, and must
demonstrate that all necessary permits have been acquired.
§ 195-4.30 Floodway Encroachment
In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or other floodway data shall be used to
prohibit encroachments in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
§ 195-4.31 Unnumbered A Zones
In A Zones, in the absence of FEMA BFE data and floodway data, the building department will
obtain, review and reasonably utilize base flood elevation and floodway data available from a
Federal, State, or other source as criteria for requiring new construction, substantial
improvements, or other development in Zone A and as the basis for elevating residential
structures to or above base flood level, for floodproofing or elevating nonresidential structures to
or above base flood level, and for prohibiting encroachments in floodways.
§ 195-4.32 AO and AH Zones Drainage Requirements
Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around
structures on slopes, to guide floodwaters around and away from proposed structures.
§ 195-4.33 Recreational Vehicles
In A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and
anchored in accordance with the zone’s regulations for foundation and elevation requirements or
be on the site for less than 180 consecutive days or be fully licensed and highway ready.
§ 195-4.34 Watercourse Alterations or Relocations in Riverine Areas
In a riverine situation, the Building Inspector shall notify the following of any alteration or
relocation of a watercourse:
• Adjacent Communities, especially upstream and downstream
• Bordering States, if affected
• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th floor, Boston, MA 02114
• NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor, Boston, MA 02110
§ 195-4.35 Requirement to Submit New Technical Data
If the Town/City acquires data that changes the base flood elevation in the FEMA mapped
Special Flood Hazard Areas, the Town/City will, within 6 months, notify FEMA of these
changes by submitting the technical or scientific data that supports the change(s.) Notification
shall be submitted to:
• NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th floor, Boston, MA 02114
• NFIP Program Specialist
Federal Emergency Management Agency, Region I
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99 High Street, 6th Floor, Boston, MA 02110
§ 195-4.36 Variances to Building Code Floodplain Standards
The Town will request from the State Building Code Appeals Board a written and/or audible
copy of the portion of the hearing related to the variance, and will maintain this record in the
community’s files.
The Town shall also issue a letter to the property owner regarding potential impacts to the annual
premiums for the flood insurance policy covering that property, in writing over the signature of a
community official that (i) the issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage and (ii) such construction below the base flood level
increases risks to life and property.
Such notification shall be maintained with the record of all variance actions for the referenced
development in the floodplain overlay district.
§ 195-4.37 Variances to local Zoning Bylaws Related to Community Compliance with the
National Flood Insurance Program (NFIP)
A variance from these floodplain bylaws must meet the requirements set out by State law, and
may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship
exist; 2) the variance will not result in additional threats to public safety, extraordinary public
expense, or fraud or victimization of the public; and 3) the variance is the minimum action
necessary to afford relief.
§ 195-4.38 Abrogation and Greater Restriction and Compliance with Regulations
A. The Floodplain District is established as an overlay district to all other districts. All
development in the district, including structural and nonstructural activities, whether
permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and
with the following:
(1) Section of the Massachusetts State Building Code which addresses floodplain and coastal
high-hazard areas (currently 780 CMR 120G);
(2) Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
(3) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(4) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently
310 CMR 15, Title 5);
B. Any variances from the provisions and requirements of the above-referenced state
regulations may only be granted in accordance with the required variance procedures of these
state regulations.
C. The floodplain management regulations found in this Floodplain District section shall take
precedence over any less restrictive local laws, bylaws or codes.
§ 195-4.39 Use and Development Regulations.
A. Within Zones A1-A30 and AE, along watercourses that have a regulatory floodway within the
Town of North Andover, on the Essex County FIRMs dated July 19, 2018 encroachments,
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including fill, new construction, substantial improvement, and other development are
prohibited in the regulatory floodway which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge. However, a
registered professional engineer may provide hydrologic and hydraulic analysis performed in
accordance with standard engineering practice proof and certification to the Building
Commissioner, in conjunction with the Director of the Division of Public Works,
demonstrating that such encroachments shall not increase flood levels during the occurrence
of the one-hundred-year flood, and if the Building Commissioner, in conjunction with the
Director of the Division Public Works, approves this certification, such encroachments shall
not be deemed to be prohibited.
B. Subdivision proposals.
(1) All subdivision proposals filed in accordance with MGL c. 41, §§ 81S and 81T (or any
revisions to the Subdivision Control Law referencing the submission of preliminary or
definitive subdivision plans), respectively, and development proposals, shall be designed
so that:
(a) Such proposals minimize flood damage;
(b) All public utilities and facilities are located and constructed to minimize or eliminate
flood damage; and
(c) Adequate drainage is provided to reduce exposure to flood hazards.
(d)When proposing subdivisions or other developments greater than 50 lots or 5 acres
(whichever is less), the proponent must provide technical data to determine base flood
elevations for each developable parcel shown on the design plans.
(2) Existing contour intervals of site and elevations of existing structures must be included on
the plan proposal.
(3) The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building
Commissioner for comments which will be considered by the appropriate permitting board
prior to issuing applicable permits.
§ 195-4.40 Permitted uses.
The following uses of low flood damage potential and causing no obstruction to flood flows are
encouraged, provided they are permitted in the underlying district and they do not require
structures, fill or storage of materials or equipment:
A. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
B. Forestry and nursery uses.
C. Outdoor recreational uses, including fishing, boating, play areas, etc.
D. Conservation of water, plants, wildlife.
E. Wildlife management areas, foot, bicycle, and/or horse paths.
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F. Temporary nonresidential structures used in connection with fishing, growing, harvesting,
storage, or sale of crops raised on the premises.
G. Buildings lawfully existing prior to the adoption of these provisions.
§ 195-4.41 Disclaimer of Liability
The degree of flood protection required by this bylaw is considered reasonable but does not
imply total flood protection.
§ 195-4.42 Severability
If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a
court, the remainder of the bylaw shall be effective.
§ 195-4.43 Local Enforcement
The provisions shall be enforced by the North Andover Building Inspector. The Building
Inspector, upon being informed in writing of a possible violation of this bylaw or on his own
initiative, shall make or cause to be made an investigation of facts and an inspection of the
premises where such violation may exist. If the Building Inspector is so informed in writing and
declines to act, he/she shall, within 14 days of his receipt of such information, give to his
informant, in writing, his reasons for refraining from taking any action. The Building Inspector,
on evidence of any violation after investigation and inspection, shall give written notice of such
violation to the owner and to the occupant of such premises, and the Building Inspector shall
demand in such notice that such violation be abated within such reasonable time as may be given
by mail addressed to the owner at the address appearing for him/her on the most recent real
estate tax records of North Andover, and to the occupant at the address of the premises of such
seeming violation. If, after such notice and demand, such violation has not been abated within
the time specified, the Building Inspector or the Selectmen shall institute appropriate action or
proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any
violation of this bylaw.
§ 195-4.44 Definitions.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance
of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30,
AE, A99, V1-30, VE, or V.
BASE FLOOD
The flood having one-percent chance of being equaled or exceeded in any given year.
COASTAL HIGH-HAZARD AREA
The area subject to high-velocity waters, including but not limited to hurricane wave wash
or tsunamis. The area is designated on a FIRM as Zones V, V1-30, and VE.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to
building or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations or storage of equipment or materials. (US Code of Federal Regulations,
Title 44, Part 59)
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DISTRICT
The Floodplain District.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) and which is completed before the effective date
of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
The agency that administers the National Flood Insurance Program. FEMA provides a
nationwide flood hazard area mapping study program for communities as well as
regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP
An official map of a community issued by FEMA that depicts, based on detailed analyses,
the boundaries of the one-hundred-year and five-hundred-year floods and the one-hundred-
year floodway. (For maps done in 1987 and later, the floodway designation is included on
the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community issued by the Federal Insurance Administrator where the
boundaries of the flood and related erosion areas having special hazards have been
designated as Zone A or E. (US Code of Federal Regulations, Title 44, Part 59)
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which FEMA has delineated both the areas of special
flood hazard and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards, and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination
of flood-related erosion hazards.
FLOODWAY
The channel of a river, creek or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than the designated height. (Base Code, Chapter 2, Section 202)
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port facilities that are necessary for
the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but
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does not include long-term storage or related manufacturing facilities. \[US Code of Federal
Regulations, Title 44, Part 59\] Also \[Referenced Standard ASCE 24-14\]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed
walls of a structure. \[US Code of Federal Regulations, Title 44, Part 59\]
HISTORIC STRUCTURE
Means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of the Interior or
(2) Directly by the Secretary of the Interior in states without approved programs.
\[US Code of Federal Regulations, Title 44, Part 59\]
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of NFIP Regulation 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "manufactured home"
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than 180 consecutive days. For insurance purposes, the term "manufactured home"
does not include park trailers, travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots
for rent or sale.
NEW CONSTRUCTION
For floodplain management purposes, structures for which the start of construction
commenced on or after the effective date of the first floodplain management code, bylaw,
regulation or standard adopted by the authority having jurisdiction, including any
subsequent improvements to such structures. New construction includes work determined
to be substantial improvement (Referenced Standard ASCE 24-14) For the purpose of
determining insurance rates, "new construction" means structures for which the start of
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construction commenced on or after the effective date of an initial FIRM or after December
31, 1974, whichever is later.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for
servicing the lots on which the manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the effective date of the
floodplain management regulations adopted by a community.
ONE-HUNDRED-YEAR FLOOD
See "base flood."
RECREATIONAL VEHICLE
Means a vehicle which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.\[US Code of Federal Regulations, Title 44,
Part 59\]
REGULATORY FLOODWAY
See "floodway."
SPECIAL FLOOD HAZARD AREA
The land areas subject to flood hazards and shown on a Flood Insurance Rate Map or
other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH. (Base Code, Chapter
2, Section 202)
START OF CONSTRUCTION
The date of issuance for new construction and substantial improvements to existing
structures, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent construction of a
building (including a manufactured home) on a site, such as the pouring of a slab or
footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation,
grading or filling), the installation of streets or walkways, excavation for a basement,
footings, piers or foundations, the erection of temporary forms or the installation of
accessory buildings such as garages or sheds not occupied as dwelling units or not part of
the main building. For a substantial improvement, the actual “start of construction”
means the first alteration of any wall, ceiling, floor or other structural part of a building,
whether or not that alteration affects the external dimensions of the building. \[Base Code,
Chapter 2, Section 202\]
STRUCTURE
For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank that is principally above ground, as well as a manufactured home. (US
Code of Federal Regulations, Title 44, Part 59) "Structure," for insurance coverage
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purposes, means a walled and roofed building, other than a gas or liquid storage tank, that
is principally above ground and affixed to a permanent site, as well as a manufactured
home on a foundation. For the latter purpose, the term includes a building while in the
course of construction, alteration, or repair, but does not include building materials or
supplies intended for use in such construction, alteration, or repair, unless such materials
or supplies are within an enclosed building on the premises.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50% of the market value of the
structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of
which equals or exceeds 50% of the market value of the structure before the start of
construction of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
SUBSTANTIAL REPAIR OF A FOUNDATION.
When work to repair or replace a foundation results in the repair or replacement of a
portion of the foundation with a perimeter along the base of the foundation that equals or
exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile, column or pier
supported foundation, the Building Inspector shall determine it to be substantial repair of
a foundation. Applications determined by the building official to constitute substantial
repair of a foundation shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. \[As amended by MA in 9th Edition BC\]
VARIANCE
A grant of relief by a community from the terms of a flood plain management regulation.
\[US Code of Federal Regulations, Title 44, Part 59\]
VIOLATION
The failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development
without the elevation certificate, other certifications, or other evidence of compliance
required in §60.3 is presumed to be in violation until such time as that documentation is
provided. \[US Code of Federal Regulations, Title 44, Part 59\]
ZONE A
The one-hundred-year floodplain area where the base flood elevation (BFE) has not been
determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE A1-A30 AND ZONE AE (FOR NEW AND REVISED MAPS)
The one-hundred-year floodplain where the base flood elevation has been determined.
ZONE A99
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Areas to be protected from the one-hundred-year flood by federal flood protection system
under construction. Base flood elevations have not been determined.
ZONE AH AND ZONE AO
The one-hundred-year floodplain with flood depths of one foot to three feet.
ZONE V
A special flood hazard area along a coast subject to inundation by the one-hundred-year
flood with the additional hazards associated with storm waves. Base flood elevations have
not been determined.
ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS)
A special flood hazard area along a coast subject to inundation by the one-hundred-year
flood with additional hazards due to velocity (wave action). Base flood elevations have
been determined.
ZONES B, C, AND X
Areas identified in the community Flood Insurance Study as areas of moderate or minimal
\[1\]
flood hazard. Zone X replaces Zones B and C on new and revised maps.
\[1\]
Editor's Note: Original § 4.2, Phased Development, which immediately followed this section,
expired 7-1-2009 and is therefore no longer included in the Zoning Bylaw.
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 33: Amend Zoning Bylaw – Article 13: Continuing Care Retirement Center. 2/3
VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning
Bylaw, Article 13 – Continuing Care Retirement Center (CCRC), by making the following
amendments to Subsection 195-13.1 Establishment; permitted districts; special permit required
(by identifying text to be deleted as strikethrough and text which is added as underlined), as
follows:
Article 13 CONTINUING CARE RETIREMENT CENTER
§ 195-13.1 Establishment; permitted districts; special permit required.
There is established a continuing care retirement center (CCRC) as a permitted use under the
special permit provision of this bylaw. Such permitted use may only be authorized in existing
Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may include land
which is in the Residence 1 District, provided that no development shall be permitted in the
Residence 1 portion of a CCRC parcel in excess of 10% of the lot areas of the Residence 1
portion within such CCRC parcel. The authorization will empower the Planning Board to review
and approve a definitive plan under the special permit provisions in § 195-10.7 and as otherwise
47
provided for in this Article 13. A CCRC shall include a nursing home care facility and
congregate housing units and may also include independent dwelling units and assisted living
units. Should an applicant propose a second A CCRC, the second CCRC may also only include
any or all of the foregoing housing types, but need not contain a nursing home care facility or
congregate housing units on the lot of the second CCRC, provided that the second CCRC and all
housing types on the lot are affiliated with a its existing nursing home. care facility in the Town
of North Andover.
§ 195-13.2 Purpose.
The purpose of the CCRC is to provide for the development and use of specialized housing and
nursing care for the elderly on the basis of the Town Meeting's authorization to the Planning
Board to issue a special permit in the permitted districts with greater flexibility from the pattern
otherwise permitted in such districts. It is intended to create health care, including home health
care, housing and other supportive services designed to meet the needs of the elderly population
and to enable that population to live independently. It is further intended to encourage the
preservation of open spaces; to allow for new nursing care facilities and housing that causes
relatively little demand on Town services; and to preserve the Town's residential character. In
creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is
intended to allow for a greater mixture of buildings, structures and uses with regard to density
than is otherwise permitted, thereby allowing for the nursing care of the elderly and the relief of
the physical, economic and emotional stress associated with the maintenance and care of
traditional nursing home and residential properties.
§ 195-13.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ASSISTED LIVING UNITS
Dwelling units for elderly individuals or couples in need of assistance with activities of
daily living. Such dwelling units may not include facilities for cooking or eating.
CONGREGATE HOUSING UNITS
Dwelling units providing private or communal living for elderly persons who ordinarily are
ambulatory and require no or limited medical attention or supervision. Such dwelling units
shall consist of a room or group of rooms forming a habitable unit for one, two, or three
persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and
sleeping.
ELDERLY
A single person who is 62 years of age or older; or two or more persons sharing a
household, the older of whom is 62 years of age or older.
HOME HEALTH CARE
Medical and therapeutic services provided to residents in their dwelling units.
INDEPENDENT DWELLING UNITS
Dwelling units similar in character and use to congregate housing units and providing
elderly residents of such units with access to all supportive services provided in congregate
housing units. Independent dwelling units may only consist of freestanding buildings which
contain up to five dwelling units per structure.
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NURSING HOME CARE FACILITY
A facility for the care of elderly persons requiring regular attention by medical or nursing
personnel for reasons of age, ill health or physical incapacity and which has been licensed
as a long-term care facility by the Massachusetts Department of Public Health.
WETLANDS
Any area within a parcel of land in a CCRC falling within the definition contained in
Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any
regulations promulgated pursuant to said chapter.
§ 195-13.4 Permitted uses.
A. Principal uses. The following uses shall be permitted in a CCRC:
(1) Nursing care facilities;
(2) Congregate housing units;
(3) Independent dwelling units;
(4) Assisted living units;
(5) Home health care;
(6) Facilities for supportive services, including, but not limited to, medical, rehabilitative,
recreational, social and nutritional programs, dining and function rooms, kitchen
facilities and laundry facilities. These and others shall be designed for the primary use
of residents. Such supportive services may not be designed or used as a general
business for the larger community of North Andover and environs;
(7) Any other use deemed reasonably necessary or ancillary by the Planning Board to
facilitate the uses described above, meaning and intending to permit those services and
programs customarily offered in a CCRC.
§ 195-13.5 Standards and restrictions.
A. Minimum lot size. A CCRC shall be permitted only within a single lot containing a total area
of not less than 25 acres. Existing public or private ways need not constitute boundaries of
the lot, but the area within such ways shall not be counted in determining minimum lot size.
As used in this Article 13, "parcel" and "lot" shall have the same meaning.
B. Permissible density. Unless in compliance with the bonus density provisions of § 195-13.6,
the dwelling unit density shall not exceed an average of four units per acre in a parcel which
is located within the Residence 1 District or Residence 2 District and five units per acre in a
parcel which is located within the Village Residential District exclusive of the nursing care
facility. When a parcel is located in a combined portion of either the Residence 2 and
Residence 1 Districts or the Village Residential and Residence 1 Districts, a density factor of
two units per acre shall be applicable to the portion in the Residence 1 District. However, in
no instance shall any development such as the construction of buildings, roads and parking
lots be permitted in excess of 10% of the lots area in that portion of the CCRC parcel located
49
in the Residence 1 District nor shall any development in a Residence 2 or Village Residential
District adversely impact the Residence 1 District. For parcels which are located in a
combined portion of the Residence 1 or Residence 2 Districts and the Village Residential
Districts, the permissible density for each district shall be applicable. Also, in no event shall
the total number of independent dwelling units exceed 15% of the total number of dwelling
units otherwise allowed in any CCRC parcel. Further, in no instance shall the floor area ratio
of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 300 for
any parcel regardless of total acreage or density bonuses provided under § 195-13.6.
C. Maximum lot coverage. In no event shall the maximum lot coverage of buildings and
structures exceed 25%.
D. Dimensional requirements.
(1) Perimeter setback. The setback area is intended to provide a perimeter greenbelt around
the CCRC, except for road and utility crossings. No building or other structure shall be
located within 100 feet of perimeter lines of the CCRC parcel. Common open space lying
within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping
plan shall be submitted to the Planning Board for its approval, provided that nothing shall
prevent the construction of walls and fences. The Planning Board may authorize or require
landscaping in the Residence 1 District if it is consistent with the objective of screening
the CCRC from existing or potential residential development.
(2) Minimum frontage. Frontage on any public street or way shall be 150 feet, except on
Route 114 where, for reasons of public safety, the minimum frontage shall be 250 feet.
(3) Maximum height. The height of any structure shall not exceed three stories and in no event
more than 35 feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and
similar traditional roof appurtenances. Further, the Planning Board may exempt
ornamental or nonhabitable architectural features added for aesthetic purposes.
E. Common open space. Land within the CCRC parcel or lot which is not specifically reserved
for the support of the CCRC facilities and which is not covered by buildings, roads,
driveways, parking areas, or service areas which is not set aside as private yards, patios or
gardens for residents shall be common open space. Further, all common open space shall be
open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis
courts, atriums, trees and similar objects shall not be considered obstructions. The area of
common open space shall equal at least 50% of the total area of the CCRC parcel or lot, and
no more than 25% of the minimum required common open space shall be situated within
wetlands. The common open space shall have a shape, dimension, character and location
suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes
by the residents of the CCRC. Further a permanent conservation restriction of the type
described in MGL c. 184, § 31 (including future amendments thereto and corresponding
provisions in future laws), running to or enforceable by the Town, shall be recorded with
respect to the common open space. Such restrictions shall provide that the common open
space shall be retained in perpetuity for one or more of the following uses: conservation,
recreation or agriculture. Such restriction shall be in a form and substance as the Planning
Board shall prescribe, including the management of said conservation restriction by the
Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt
Association or other agency or body, all as subject to the approval of the Planning Board.
50
F. Parking.
(1) The minimum number of parking spaces provided in connection with the uses permitted
under this article shall be as follows:
(a) Nursing care facility: one parking space for every sleeping room for single or double
occupancy.
(b) Congregate housing, assisted housing and independent dwelling units: one parking
space for each unit.
(2) The Planning Board shall have the discretion to waive the applicant's compliance with
these parking requirements, provided that the applicant's plans demonstrate the capacity
to fully comply with all other requirements of Article 13.
G. Public safety. The Planning Board shall require all CCRC applications to include statements,
drawings and/or plans indicating that all applicable public safety devices (including fire
safety and suppression devices) have been provided as required by law. Further, in
recognition of the unique requirements of the elderly for protection against the hazards due to
fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of
the National Fire Protection Association (NFPA 13D).
H. Public sewer. All CCRC projects shall be connected to the public sewer system. The North
Andover Department of Public Works shall review all proposed sewering plans and report to
the Planning Board as to their adequacy.
§ 195-13.6 Bonuses.
A. Affordable housing. For all CCRCs, the total number of allowable dwelling units may be
increased up to 50%, if the applicant designates at least 10% of the total number of units for
use as affordable housing units. Such units may be rented, sold or otherwise provided to
elderly persons qualified to receive federal or state rental assistance or subsidies for reducing
mortgage payments in accordance with income and asset limitations established by the
authorizing state or federal agency. The applicant may choose to meet affordable housing
requirements directly by utilizing similar income and asset standards and establishing rents,
sales prices or entry fees for units which are determined to be generally consistent with those
established under the various subsidy programs. For this purpose, the Planning Board, in
consultation with the Housing Authority, may establish the rent, carrying charge,
maintenance fee, sales price or entry fee in order to meet the requirements for affordable
housing. Such units shall be maintained as affordable housing units for the life of the CCRC
development. In the event that the applicant is unable to meet its obligations in the manner
prescribed above, or as an alternative program, the Planning Board may allow the applicant
to contribute funds, in lieu of housing units, to the Town, Housing Authority or any public or
nonprofit agency which is authorized to develop or support affordable housing for the
elderly. The rate of contribution shall be $2 per square foot of gross floor area of all buildings
and structures, exclusive of pools and parking. The granting of this density bonus shall not
exempt the applicant from meeting any of the other requirements of this or other referenced
sections of the bylaw.
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B. Open space. The total number of allowable dwelling units may be increased by 15% if the
proposed CCRC provides 75% usable open space consistent with the definition of "open
space" in this article. The granting of this bonus density shall not exempt the applicant from
meeting any of the other requirements of this or other referenced sections of the bylaw.
§ 195-13.7 Subdivision procedures; density bonus limitations.
A. Facilities proposed to be built in a CCRC shall be subject to the following procedures:
(1) The applicant shall be required to meet with the Planning Board to discuss the
following: the provisions of Article 13 and other referenced sections; the elements of
the proposed development; and the requirements and specific provisions of the
preliminary site plan. The applicant shall submit a preliminary site plan to the Planning
Board for its review and recommendations.
(2) The applicant will be required to submit a "definitive plan" in accordance with the
applicable provisions of § 195-11.3. The Planning Board may issue a special permit if it
determines that all of the applicable requirements for the CCRC have been met and the
definitive plan is generally consistent with the preliminary site plan.
B. Relationship to subdivision regulations. The requirements of the special permit in no way or
manner release the applicant from the requirements of the Subdivision Regulations of the
North Andover Planning Board.\[1\]
\[1\] Editor's Note: See Ch. 255, Subdivision of Land.
C. Density bonus limitations. The use of all density bonuses provided herein may not exceed
50%.
Or to take any other action relative thereto.
Planning Board
Select Board Recommendation: Favorable Action
Planning Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 34: Amend Zoning Bylaw – Article 8 Supplementary Regulations.
SUPERMAJORITY 2/3 vote to amend the Town of North Andover Zoning Bylaw, Article 8 –
Supplementary Regulations, Part 3 Site Plan Review, by making the following amendments (by
identifying text which is deleted as strikethrough and text added as underlined), as follows:
PART 3
Site Plan Review
§ 195-8.10. Purpose.
A. The purpose of this Part 3 is to protect the health, safety, convenience and general
welfare of the inhabitants of the Town by providing for a review of plans for uses and
structures which may have significant impacts, both within the site and in relation to
adjacent properties and streets, on pedestrian and vehicular traffic. This review
considers the impact on public services and infrastructure; environmental, unique and
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historic resources; abutting properties; and community character and ambiance.
B. This part of the Zoning Bylaw is adopted pursuant to MGL c. 40A, § 9. All site plan
review applications submitted under the provisions of this Part 3 shall be reviewed by
the Planning Board as a special permit, except for applications submitted pursuant to
M.G.L. c. 40A §3, which will be considered as a Limited Site Plan Review. (See §195-
8.18-§195-8.26).
C. For projects to be considered for Limited Site Plan Review under the Dover
Amendment (M.G.L., c. 40A, Section 3) the applicant must submit a request to the
Building Commissioner for a written determination of whether the provisions of M.G.L.
c. 40A, Section 3, are applicable. This determination as to whether the Dover Uses
applies to a particular proposed use will be made solely by the Building Commissioner.
D. Sites and developments to which this Part 3 applies shall comply with the regulations of
this Part 3 as well as those of all other applicable Town bylaws, or the requirements of
the Commonwealth of Massachusetts, prior to any construction being undertaken in the
Town of North Andover.
§ 195-8.11. Developments which require site plan review.
A. Site plan is required for:
1) Any new building(s) or construction which contains more than 2,000 square feet of
gross floor area which is undertaken on land within the Town of North Andover or
results in the requirement of five or more new or additional parking spaces;
2) Any construction which results in the addition of more than 2,000 square feet of
gross floor area to an existing structure; or results in the requirement of five or more
new or additional parking spaces;
3) Any construction, site improvements, new uses in existing structures or
developments which contain new processes not normally associated with the
existing use and which result in changes in the potential nuisance to adjacent
property; traffic circulation; stormwater drainage onto or off of the site; and/or the
application of the parking standards of Part 1 indicate the need for five or more new
or additional parking spaces;
4) The construction of any new wireless service facility on a previously permitted
facility as set forth in § 195-8.43A(2) of the wireless service facilities use
regulations.
B. Limited Site Plan Review applies to any structure, use, alteration, and/or improvement
as to which Dover Uses applies (as determined by the Building Commissioner),
requiring Limited Site Plan Review and approval under §195-8.18 – §195-8.26. With
regard to Dover Uses, the provisions of this Section(s) shall govern and any other
regulations adopted by the Planning Board for Site Plan Review under Article 8 Part 3
of the North Andover Zoning Bylaw are not applicable.
B.C.The following development(s) is exempt from site plan review:
1) Single-family dwelling(s) and two-family dwelling(s);
2) Small structures or additions which do not exceed 2,000 square feet of
gross floor area and do not require five or more parking spaces;
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3) Routine repairs and maintenance that do not exceed the provisions of
Subsection A(3).
C.D.Waiver of site plan review.
1) When, in the opinion of the Planning Board, the alteration or
reconstruction of an existing structure or new use or change in use will not
have a significant impact both within the site and in relation to adjacent
properties and streets, on pedestrian and vehicular traffic, public services
and infrastructure, environmental, unique and historic resources, abutting
properties, and community needs, the Planning Board may determine,
without a public hearing, that submission of a site plan review application
or a Limited Site Plan Review application is not required.
2) The applicant must request a waiver from site plan review or Limited Site
Plan Review application in writing and may be required to submit
supporting documentation that site plan review is not required. The waiver
request will be discussed at a regular session of the Planning Board.
§ 195-8.12. Approval required for site alteration; exception.
A. No building permit, site clearing, filling, grading, material deliveries or
construction shall be initiated on any site to which this Part 3 applies until site
plan approval or Limited Site Plan Review approval as required by this Part 3 is
obtained.
B. Nothing herein shall be construed, however, to prohibit such clearing or altering
as may be necessary for purposes of conducting pre-development studies, such as
geotechnical tests, soil borings, wetlands determinations, percolation tests for
septic systems as required by the Board of Health, or other similar test as
required in order to fulfill a requirement of any Town bylaw or regulations of the
Commonwealth.
§ 195-8.13. Procedures for site plan review.
A. The site plan approved by the Planning Board becomes the official development
plan for a site within the Town of North Andover. Town permits are issued or
withheld based upon compliance with the approved site plan. The approved site
plan is legally binding and can only be changed or adjusted in compliance with the
provisions contained in § 195-8.17 Revisions to approved site plans.
B. Any proposed development meeting any of the criteria set forth in § 195-8.11A,
Developments which require site plan review, shall be subject to site plan review
and submit a special permit application to the Planning Board.
C. An applicant for site plan review shall file an application form, fee, eight three
copies of the site plan, and any additional information as may be required (See §
195-8.14, Information required.), with the Planning Department. Once the
application is deemed complete, the Planning Department will forward the
application to the Town Clerk. An application will not be deemed complete until all
required§ 195-8.13 § 195-8.14information and fees are submitted. The time
periods set forth in this Zoning Bylaw and M.G.L. c. 40A will not start until the
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application has been deemed complete and submitted to the Town Clerk.
D. The Planning Board shall have the authority to require that the applicant pay for
necessary professional services required to adequately review and analyze the contents of
any site plan or impact study requested by the Board.
§ 195-8.14. Information required for site plan review.
A. Special permit application form, along with any fees as may be set by the Town bylaws;
B. 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.
C. 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 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.
D. The times for submission of the site plans for review by the Planning Board are
specified in § 195-10.7 of the Zoning Bylaws, Special permits.
E. The following information must be submitted along with the application:
1) 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.
2) 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.
3) Name/Description of project. The name of the development and the names,
addresses and telephone numbers of the project listing tenants, land uses,
development phases, or other pertinent information necessary to evaluate the
proposed development plan.
4) Easements/Legal conditions. Identification of 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.
5) Topography. The present and proposed topography of the site, utilizing two-
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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.
6) Zoning information. All applicable Zoning Bylaw information shall be provided
regarding the site's development. This information shall be placed in a table and
list all parking, setbacks, percent of lot coverage, floor area ratio, number of
dwelling units, total amount of square feet, size of signs and any other applicable
zoning information necessary for the proper review of the site plan by the Town
Planner and Planning Board.
7) Drainage area map. A drainage area map showing pre- and post-construction
watersheds, subwatersheds and stormwater flow paths, including municipal
drainage system flows.
8) Stormwater management plan. All applications for site 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).
9) Building location. Identification of all existing and proposed structures located
on the site. The number of stories, overall height in feet and gross floor area in
square feet of all structures shall be indicated.
10) Building elevation. A drawing of the exterior of the building, as viewed from the
front (street view), must be submitted. The Planning Board may request side and
rear views if relevant to the Board's review. This drawing must be at least eight
inches by 11 inches in size.
11) 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.
12) 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 NACC concurrently with the application to the
Planning Board for site plan review.
13) Location of walls/signs. Identification of the location, height and materials to be
used for all retaining walls and signs located on the site. Signs will be reviewed
using the guidelines set forth in § 195-6.7 of the Zoning Bylaw.
14) Location of roadways/drives. 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.
15) Outdoor storage/display areas. Identification of the location and type of outdoor
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storage and display areas on the site.
16) 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.
17) 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.
18) 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.
19) Traffic impact study. Identification of existing traffic levels, along with the
expected traffic impacts to occur based upon the proposed project. For projects
which access state highways, a traffic impact study shall be filed with MEPA
concurrently with the Planning Board review. A copy of the MEPA study shall
be filed with the application to the Planning Board.
20) Commonwealth review. Any information required and submitted to any agency
of the commonwealth shall be filed with the Planning Board upon the initial
submission of the project for Board review.
21) Utilities. All utilities, including water line locations, sewer line locations and
profiles, and storm drainage systems.
22) Fiscal impact. Projections of costs rising from increased demand for public
services and infrastructure; provisions of benefits from increased tax revenues,
employment and infrastructure improvements; and impacts on adjacent property
values.
23) Community impact. Analysis of the project's impact on the surrounding
neighborhood in terms of architectural consistency, pedestrian movement and
overall character; impacts on nearby historic structures or site; and an evaluation
of the proposed project's consistency and compatibility with existing local and
regional plans.
F. If the site plan review application is for the construction of any new wireless
service facility on a previously permitted facility as set forth in § 195-8.43A(2) of
the wireless service facilities use regulations, the information required by § 195-
8.45 must also be submitted. The SPGA may grant a waiver from these submittal
requirements if it finds that such information is not needed for a thorough review
of a proposed personal wireless service facility.
G. If a waiver request for is sought for information required pursuant to §195-8.14 the
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applicant shall request the waiver in writing and may be required to submit
supporting information. The SPGA may grant a waiver from these submittal
requirements if it finds that such information is not needed for a thorough review
of the application.
§ 195-8.15. Review criteria and design guidelines for site plan review.
The following criteria and design guidelines shall be used by the Planning Board in evaluating
the site plan review and all information submitted as part of the application.
A. General.
1) Conformance with all appropriate provisions of the Zoning Bylaw.
2) Protection of abutting properties from detrimental site characteristics.
B. Environmental.
1) Protection of unique or important natural, historic or scenic features.
2) Adequacy of proposed methods of refuse disposal.
3) Ability of proposed sewage disposal and water supply systems within and
adjacent to the site to serve the proposed use.
4) Adequacy of the proposed drainage system to mitigate stormwater runoff
increases increase, and protect water quality, and minimize flooding.
5) Provision of adequate landscaping, including the screening of adjacent residential
uses, provision of street trees, landscape islands in the parking lot and a
Landscaped Buffer along the street frontage.
6) Adequacy of the soil erosion and sediment control plan and any plan for
protection of steep slopes, both during and after construction to minimize erosion
of soil and sedimentation of streams and waterbodies.
7) Protection of adjacent properties by minimizing the intrusion of lighting,
including parking lot and building exterior lighting.
8) The proposed development must not present a demonstrable adverse impact on
the surrounding area resulting from excessive noise, dust, smoke, or vibration
which is higher than levels now experienced from uses permitted in the
surrounding area.
9) Minimization of clearing where practicable, including the removal of mature trees
and shrubs and the avoidance of substantial disturbance to soils, topographic
drainage, and water resources.
10) Incorporation of sustainability and resiliency principles into the site design that
result in a plan that is responsive to the environment and actively contributes to
the development of a more sustainable community.
C. Design.
1) Buildings shall be located with respect to setbacks, placement of parking,
landscaping and entrances and exits with surrounding buildings and development.
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2) The buildings shall relate harmoniously to each other in architectural style, the
location and building exits and entrances.
3) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop
equipment, utility buildings and similar features.
4) Electric, telephone, cable TV, and other such lines and equipment must be
placed underground.
5) Demonstrate that the scale, massing and detailing of buildings are compatible
with those prevalent in the surrounding area.
D. Traffic/Parking.
1) The location and number of curb cuts shall be minimized to reduce turning
movements, and hazardous exits and entrances.
2) Provision for access to adjoining properties shall be provided as appropriate.
3) Driveways shall be located opposite each other wherever possible.
4) Joint -access driveways between adjoining properties shall be encouraged.
5) Internal circulation and egress shall provide for traffic safety, and access to and
from minor streets servicing one-family dwellings shall be minimized.
E. Stormwater management.
1) At a minimum, all projects subject to site plan review shall comply with the
criteria, specifications, and performance standards of the most recent version of
Massachusetts Stormwater Management Standards and accompanying
Stormwater Management Handbook. The Lake Cochichewick Watershed Area
shall be considered a critical area in terms of applicability of the standards.
2) Projects subject to the bylaw shall also comply with the requirements and criteria
outlined in Articles VII through X of the North Andover Stormwater
Management and Erosion Control Regulations (Chapter 250) promulgated under
Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control
Bylaw).
F. Landscape design.
1) Landscape designs shall be developed based on soil, light and other site- specific
conditions. Plant species shall be chosen for their ability to thrive in the post-
development soil, water and use conditions of the site without significant
supplemental water or fertilizer, once established.
2) Plant species shall be native to inland Essex County or shall be cultivars of these
native species.
§ 195-8.16. Findings and action by Planning Board for site plan review.
A. With the concurring vote of four members, the Planning Board shall either 1) approve,
2) approve with conditions, or 3) deny a site plan submitted for review.
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1) The Planning Board shall approve a site plan when the following conditions are
met:
(a) The site plan complies with all current bylaw requirements of the Town; and
(b) The site plan has been submitted in accordance with the regulations and
procedures as outlined in this Part 3 and § 195-10.7A, Conditions for
approval of special permit.
2) The Planning Board shall conditionally approve a site 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 site plan generally complies with Town bylaw requirements, but
requires minor changes in order to be completely in compliance with the
Town bylaw regulations.
3) The Planning Board may deny approval of a site plan for the following reasons:
(a) The plan does not include all the materials or information required in this
Part 3, or has failed to adhere to the procedures for site plan review as
outlined in this Part 3, and § 195-10.7, Special Permits; or
(b) The plan as presented is not in compliance with Town bylaws; or
(c) The 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
(d) The applicants have 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 Planning
Board.
B. The Planning Board 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 applicant shall be responsible for filing a copy of the decision at the Registry of
Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of
such recording to the Building Inspector.
D. For the purpose of securing the performance of all proposed work, including
landscaping and off-site improvements, the Planning Board 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 of the
improvements required. The check will then be placed in an interest-bearing account
and will be released upon the completion of the project. The Board, at its discretion,
may release partial amounts of the security at certain stages of construction.
§ 195-8.17. Revisions to approved site plans.
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A. Any revisions to a development that has secured site plan approval or Limited Site Plan
Review approval shall be submitted to the Town Planner for review. No revisions shall
be approved until the Town Planner receives three two copies of the revised plan and the
revisions placed on the plan fall into the following categories:
1) A change of location and layout of any parking area(s), signs, storage or
accessory buildings, provided that no Town bylaws are violated by the change;
2) A change in the proposed landscaping plan which does not violate any Town
bylaw;
3) A change of egress and ingress, provided the same is in compliance with Town
bylaws and the requirements of the commonwealth.
B. The revisions cited above may be completed without further review by the Planning
Board, upon approval by the Town Planner. The Town Planner may determine that the
revisions as shown do not fall into the categories outlined in this section, and that the
proposed revisions are in fact substantial and call for materially different site plan than
approved by the Planning Board in that changes are called for in the type, location and
manner of the facilities and site improvements to be constructed and shown in the
approved site plan.
C. If the revisions are determined to be substantial and materially different by the Town
Planner, the Town Planner shall direct the applicant to resubmit the site plan to the
Planning Board in accordance with the provisions of this Part 3.
§ 195-8.18 Limited Site Plan Review for religious uses, educational uses and child care
facilities.
The purpose of this section is to ensure that all religious and education uses, and all child care
facilities are subject to reasonable regulations in regards to bulk and height of structures and
determining yard sizes, lot area, setbacks, open space, parking and building coverage
requirements. Notwithstanding any bylaw to the contrary, the Planning Board has the authority
to place reasonable conditions on child care facilities, and developments proposing religious, or
educational uses, but are not permitted to withhold approval of Limited Site Plan Review where
there is an inability to satisfy proposed reasonable regulations.
A. Information Required for Limited Site Plan Review;
1) Submittal of a complete “Application for Limited Site Plan Review”.
2) Evidence supplied by the applicant of the Building Commissioner’s written
determination of whether the provisions of M.G.L. c. 40A, Section 3, are
applicable. This determination as to whether the Dover Uses applies to a
particular proposed use will be made solely by the Building Commissioner.
B. In reviewing the Limited Site Plan submittal for religious uses, educational uses and
child care facilities, the following issues shall be considered:
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1) Relationship of the bulk of structures and adequacy of open spaces to the natural
landscape, existing buildings and other community assets in the area and
compliance with other requirements of this Bylaw, which includes, but is not
limited to, building coverage requirements, yard sizes, lot areas and setbacks;
2) Physical layout of the plan as it relates to convenience and safety of vehicular
and pedestrian movement within the site, the location of driveway openings in
relation to traffic or to adjacent streets and, when necessary, compliance with
other regulations for the handicapped, minors and the elderly;
3) Adequacy of the arrangement of parking and loading spaces in relation to the
proposed uses of the premises;
4) Physical lighting of the site, especially the adequacy of the method of exterior
lighting for convenience, safety and security within the site and for protection of
neighboring properties, roadways and the night sky;
5) Protection of adjoining premises against seriously detrimental uses by provision
for surface water drainage;
6) Adequacy of the methods of disposal of refuse and other wastes resulting from
the uses permitted on the site;
7) Adequacy of fire protection measures, and;
8) Incorporation of sustainability and resiliency principles into the site design that
result in a plan that is responsive to the environment and actively contributes to
the development of a more sustainable community.
9) The Planning Board shall have the authority to require that the applicant pay for
necessary professional services required to adequately review and analyze the
contents of any site plan or impact study requested by the Board.
§195-8.19 Definitions
A. Dover Uses: Proposed use consistent with M.G.L. c. 40A §3.
B. Limited Site Plan Review: The standard of review for the regulatory authority for
Dover Uses. All projects are subject to a public hearing before the Planning Board, and
are subject to notice requirements set forth in M.G.L. Chapter 40A Section 11.
C. Educational: Use of land, buildings and structures for providing learning in a general
range of subjects on land owned or leased by the Commonwealth or any of its agencies,
subdivisions of bodies politic or by a recognized religious sect or denomination, or by a
nonprofit educational entity which may include athletic facilities, dormitories,
administrative offices and similar facilities and activities whose purpose is substantially
related to furthering learning.
D Child care facility: An establishment licensed by the Commonwealth of Massachusetts
for the purpose of operating either 1) a day care center, which provides daily care for
children under the age of seven (7) years, or under sixteen (16) years if such children
have special needs, for nonresidential custody and care during part or all of the day
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separate from their parents; or 2) a school age child care program, which provides
supervised group care for children not of common parentage who are enrolled in
kindergarten and are of sufficient age to enter first grad the following year, or an older
child who are not more than fourteen (14) years of age, or sixteen (16) years of age if
such children have special needs; or 3) a large family child care home: a private
residence which, on a regular basis, receives for temporary custody and care during part,
or all of the day, children under 7 years of age, or children under 16 years of age if such
children have special needs, and receives for temporary custody and care for a limited
number of hours children of school age under regulations promulgated by the board, but
the number of children under the age of 16 in a large family child care home shall not
exceed 10, provided that:
1) In the residential districts, such activities shall be permitted only on a lot
which, with all its structures, conforms to the requirements of the Bylaw, or
(b) a lawfully nonconforming lot or structure as to which the area of the lot is
not less than ten thousand (10,000) square feet;
2) In the residential districts or on lots which are not in a residential district but
are adjacent to a residential district, no outdoor play area (an area designed
or set aside for children in a child care facility for recreation or play) shall be
located closer to a lot line than the minimum yard setback requirements for a
principal use in the district in which it is located;
3) In all districts, the open space between the defined outdoor play area or
structure and the property line(s) adjacent to residential districts or
residential uses shall be screened with such fence, wall, hedge, or
landscaping to provide a dense year-round screen as the Planning Board shall
designate.
E. Religious: Use of land, buildings and structures for public worship carried on by a
recognized religious sect or denomination which may include religious instruction,
maintenance of a convent, parish house and similar facilities and activities whose
purpose is substantially related to furthering the beliefs of such sect or denomination.
195-8.20 Where a special permit, including but not limited to a Watershed Special Permit,
is required or a variance from the Zoning Bylaw is requested in connection with
any action subject to Limited Site Plan Review for religious uses, educational
uses and child care facilities, the specific provisions of the Zoning Bylaw still
apply, subject to the provision in Purpose of § 195-8.18.
195-8.21 Limited Site Plan Review approval for religious uses, educational uses and
child care facilities shall be by the Planning Board. The Planning Board shall
file its decision with the Town Clerk within ninety (90) days of receipt of an
application, unless such time is extended in writing by agreement with the
applicant and notice of such extension is filed with the Town Clerk. The
Planning Board may impose such appropriate conditions, limitations, and
safeguards as will ensure compliance with the terms of approval.
195-8.22 The applicant shall be responsible for filing a copy of the decision at the
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Registry of Deeds. Prior to the issuance of a building permit, the applicant shall
present evidence of such recording to the Building Inspector and the Planning
Department.
195-8.23 For the purpose of securing the performance of all proposed work, including
landscaping and off-site improvements, the Planning Board 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 of the improvements required. The check will then be placed in an interest-
bearing account and will be released upon the completion of the project. The
Board, at its discretion, may release partial amounts of the security at certain
stages of construction.
195-8.24 Term of approval: Limited Site Plan Review approval shall lapse if
construction has not commenced within two (2) years from the date of
approval. For Limited Site Plan approval by the Planning Board, an
extension of time may be granted for up to one (1) year.
195-8.25 Bylaw Construction: This Bylaw shall not interfere with or annul any other
Town Bylaw, rule or regulation, which is more restrictive, except where this
Bylaw is more restrictive, it shall control.
195-8.26 Validity and Separability: The invalidity of one or more sections, subsections,
sentences, clauses or provisions of this Bylaw shall not invalidate or impair the
Bylaw as a whole or any other part hereof.
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 35: Amend Zoning Bylaw – Section 2, DEFINITIONS: UNANIMOUS vote to
amend the Town of North Andover Zoning Bylaw, by amending Section 2, Definitions by
making the following amendment (by identifying text which is to be deleted as strikethrough) as
follows:
DAY-CARE CENTER
Any facility operated on a regular basis, whether known as a "day nursery," "nursery
school," "kindergarten," "child play school," "progressive school," "child development
center," or "preschool," or known under any other name, which receives children not of
common parentage under seven years of age, or under 16 years of age if such children have
special needs, or nonresidential custody and care during part or all of the day separate from
their parents, or the elderly 60 years of age or older. "Day-care center" shall not include any
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part of a public school system; any part of a private organized educational system unless the
services of such system are primarily limited to kindergarten, nursery or related preschool
services; a Sunday school conducted by a religious organization where children are cared
for during short periods of time while persons responsible for such children are attending
religious services; a family day-care home; an informal cooperative arrangement among
neighbors or relatives; or the occasional care of children with or without compensation
therefor.
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
Article 36: Amend Zoning Bylaw - Day Care Center. UNANIMOUS vote to amend the
Town of North Andover Zoning Bylaw, Article 4 – Buildings and Uses Permitted, Article 16 –
Corridor Development District, and Article 17 – Osgood Smart Growth Overlay District (by
identifying text which is deleted as strikethrough) as follows:
195-4.2.S. Day-care center by special permit Child care facility
195-4.3.T. Day-care center by special permit Child care facility
195-4.4.U. Day-care center by special permit Child care facility
195-4.5.V. Day-care center by special permit Child care facility
195-4.6(21) Day-care center by special permit Child care facility
195-4.7.M. Day-care center by special permit Child care facility
195-4.8.V. Day-care center by special permit Child care facility
195-4.9.V. Day-care center by special permit Child care facility
195-4.10.P. Day-care center by special permit Child care facility
195-4.11.G. Day-care center by special permit Child care facility
195-4.12.I. Day-care center by special permit Child care facility
195-4.13.P. Day-care center by special permit Child care facility
195-4.14.V. Day-care center by special permit Child care facility
195-4.15.G. Day-care center by special permit Child care facility
195-4.16.N. Day-care center by special permit Child care facility
195-16.4.Q. Day-care center Child care facility
195-17.9.B(5) Day-care center Child care facility
195-17.10.B(4)Day-care center Child care facility
195-17.11.B(4)Day-care center Child care facility
or to take any other action relative thereto.
Planning Board
Planning Board Recommendation: Favorable Action
Select Board Recommendation: Favorable Action
Vote Required: Two thirds (2/3) Vote
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Article 37: Amend Zoning Bylaw – Chapter 195, Attachment 2, Table 1 – Summary of Use
Regulations. SUPERMAJORITY vote to amend Chapter 195 of the Town of North Andover
Zoning Bylaw, by amending “195 Attachment 2, Town of North Andover, Table 1: Summary of
Use Regulations”, by making the following amendments to Day-care center (by identifying text
which is deleted as strikethrough and text added as underlined) as follows:
Permitted R1-R-VR R5 R6 B1 B2 B3 B4 VC GB PCD CDD1 CDD2 CDD3 I1 I2 I3 I5S
Use 3 4
Day-care SP SP SP SP SP SP SP SP SP SP SP SP N SP Y SP SP SP SP
center Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y
Child
care
facility
Table continued
OSGOD Smart
Growth Overlay
Permitted RMUZ MUZ BOZ
Use
Day-care Y Y N
center Y
Child care
facility
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
UNANIMOUS vote the 2023 Annual Town Meeting Dissolved upon motion of Chair of the
Select Board, Janice M. Phillips at 9:45 PM with all articles voted.
Vote Required: Majority Vote
Respectfully submitted,
Carla Dawne Warren, Town Clerk
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