HomeMy WebLinkAboutATM Minutes May 6, 1996 Town of North Andover, Massachusetts
In the name of the Commonwealth of Massachusetts,and in compliance with Chapter 39 of the General Laws,
as amended, and our North Andover Town Bylaws and requirements of the Town Charter,you are hereby di-
rected to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs
to met in the North Andover High School Field House on Monday,May 6, 1996, at 7:00 P.M.there to act upon
the following articles:
The meeting was called to order at the North Andover High School Field House by Town Moderator Charles A.
Salisbury at 7:15 P.M.The Reverend Alexander Daley of St.Paul's Episcopal Church delivered the invocation.In
celebration of the 350th Anniversary of the Town of North Andover George Barker entered the meeting to offi-
cially welcome the gathering.The Pledge of Allegiance and introduction of members followed.
Checklists were used at the entrance and showed 434 voters admitted to the meeting.The meeting was adjourned
at 10:35 P.M.
The meeting reconvened on Tuesday May 7, 1996 at the North Andover High School Field House.A quorum of
233 voters were present to open the meeting.A quorum count was taken at 10:17 P.M. with 152 voters present.
The meeting was adjourned at 10:25 P.M.
The meeting reconvened on Tuesday May 13, 1996 at the North Andover High School Auditorium.The meeting
convened at 7:33 P.M. with no quorum present.The meeting operated under the"unanimous"clause.The meet-
ing was dissolved at 8:16 P.M.
ARTICLE 1—ANNUAL TOWN ELECTION.
To elect two Selectmen for three years,two members of the School Committee for three years,one member
of the North Andover Housing Authority for five years, one representative to the Greater Lawrence Voca-
tional School.
The candidates above were voted for one ballot on April 1,1996.
The polls were open from 7:00 A.M.until 8:00 P.M.
Town Clerk Joyce A.Bradshaw declared the successful candidates to be as follows:
William B.Duffy,Jr. Selectman for Three Years
David Torrisi Selectman for Three Years
Clare A.Coco North Andover Housing Authority
John J.Caffrey,III Greater Lawrence Vocational School Representative
No Action Required.
ARTICLE 2—REPORT OF RECEIPTS AND EXPENDITURES
.
To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen
in the 1995 Annual Town Report.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 2 as printed in the warrant.
1996 Annual Town Report 125
ARTICLE 3—COMPENSATION OF ELECTED OFFICIALS.
To see if the Town will vote to fix the salary and compensation of the elected officers of the Town,as pro-
vided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows;or to take any other ac-
tion relative thereto:
Board of Selectmen/Licensing Commissioners,per annum $2,000
Chairman,Board of Selectmen,per annum 300
School Committee,per annum 2,000
Chairman,School Committee,per annum 300
Moderator:For Annual Town Meeting 100
For each Special Town Meeting 50
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 3 as printed in the warrant.
ARTICLE 4—REPORT OF SPECIAL COMMITTEES TO TOWN MEETING.
To see if the Town will vote to accept the reports of any special appointed committees or to take any other
action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED to accept reports from Karen Robertson for Town Report and Use of Electronic Bulle-
tin Boards.Also accepted was the report of the Strategic Planning Committee presented by John Dolan,Chairman.
ARTICLE 5—AUTHORIZATION TO PREPARE A MASTER PLAN.
To see if the Town will vote to authorize the Master Plan Study Committee to research,develop,prepare and
update the Master Plan and the Lake Cochichewick Watershed Plan for the Town of North Andover; and
further,the Town raise and appropriate the sum of$75,000 for this purpose,or to take any other action rela-
tive thereto.
Board of Selectmen
UNANIMOUSLY VOTED that the Town raise and appropriate the sum of$75,000 to be expended by the Mas-
ter Plan Study Committee as appointed by the Board of Selectmen to research,develop,prepare and update the
Master Plan and the Lake Cochichewick Watershed Plan for the Town of North Andover.
ARTICLE 6—AMEND ZONING BYLAW.ADD NEW SECTION 8.7"GROWTH MANAGEMENT.
Voted by majority vote that the Town amend the Zoning Bylaw by adding a new Section 8.7, "Growth Man-
agement"as follows:
8.7 GROWTH MANAGEMENT
L INTENT AND PURPOSE
This Section 8.7 is adopted pursuant to the provisions of M.G.L.,c.40A and the Home Rule Amendment,
Article 89 of the Massachusetts Constitution,for the following purposes:
a. to ensure that growth occurs in an orderly and planned manner,at a rate that can be supported by Town
services,while avoiding large year to year variations in the development rate;
126 Town of North Andover
b. to allow the Town time to update its Master Plan and to provide the Town with time to study the effect
of growth on the municipality's infrastructure,character and municipal services;
c. to allow the Town time to study,plan for,and provide an additional source of water;
d. to relate the timing of residential development to the Town's ability to provide adequate public safety,
schools, roads, municipal infrastructure, and human services at the level of quality which citizens
expect,and within the Town's ability to pay under the financial limitations of Proposition 2 1/2.
e. to preserve and enhance the exiting community character and value of property;and
f. to allow departures from the strict application of the growth rate measures herein in order to encour-
age certain types of residential growth which address the housing needs of specific population groups
or which provide significant reductions in the ultimate residential density of the Town.
IL APPLICABILITY,EFFECT AND DEFINITIONS
a. No building permit shall be issued for anew dwelling unit between May 6,1996 and July 1,1996 un-
less exempted by Section 8.7(6)herein.
b. Beginning on July 1,1996,no building permit for a new dwelling unit or units shall be issued unless
in accordance with the regulations of this Section 8.7 or unless exempted by Section 8.7(6)herein.
c. The provisions of this Section 8.7 shall expire on July 1,2001;however,by a vote of Town Meeting
before said date, the provisions of this Section 8.7 may be extended for an additional five years in
order to continue municipal comprehensive planning studies necessary to promote orderly growth.In
the event such action is taken by Town Meeting prior to July 1, 2001 these provisions shall not be
construed to have lapsed on such date.
d. For the purposes of this Section 8.7 ,the following terms shall have the following meaning:
1. "Growth Rate Limit"shall mean the maximum number of building permits that may be authorized
in one Year, which shall be 80 permits.The Growth Rate Limit is based upon analysis of recent
average growth rates and an analysis of the Town's current and future ability to provide essential
local services such as public safety,schools, public works and human services. Units exempt un-
der section 8.7(6) are included within the calculation of the Growth Rate Limit.
2. "Development" shall mean a single parcel or set of contiguous parcels of land held in common
ownership,regardless of form,at any time on or after the date of adoption of this bylaw,for which
one or more building permits will be sought.
3. "Development Schedule" shall mean a schedule authorized by the Planning Board in accordance
with Section 8.7(4), which outlines the maximum building permit issuance per development.
4. "Developer"any individual who either as an individual,a beneficial owner of a real estate trust,a
partner in a partnership,or an officer or owner of a corporation,requests one or more building permits
for the construction of new dwelling units.
5. "Year"shall mean the period beginning July I and ending June 30.
111.PLANNED GRowTH RATE
a. The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units per year.In no case,
however,shall the number of nonexempt building permits issued be reduced below 60 permits in any
one year period.
b. Whenever the number of building permits issued for new dwelling units exceeds the applicable Growth
Rate Limit,the Building Inspector shall not issue building permits for any additional dwelling unit or
units unless such unit or units are exempt from the provisions of this Section 8.7 under subsection
8.7(6)below.
c. Building permits authorized under a Development Schedule,but not issued during the scheduled pe-
riod set forth in Section 8.7(4)shall not be counted in computing the applicable Growth Rate Limit.
Building permits issued,but subsequently abandoned under the provisions of the State Building Code,
shall not be counted in computing the applicable Growth Rate Limit.
1996 Annual Town Report 127
IV.DEvE[APMENT SCHEDULING
a. This Section 8.7(4)shall apply to the following types of development which would result in the cre-
ation of new dwelling units; (a)definitive subdivision plans, (b)plans subject to M.G.L.c.41,s.81P
(ANR);(c) special permits.
b. In addition to the types of development described in paragraph 8.7(4)(a),the Planning Board is au-
thorized,upon request from the Developer,to approve a development schedule for any other building
lot or dwelling unit,specifying the month and year in which such lottunit shall be eligible for a build-
ing permit.
c. Dwelling units shall be considered as part of a single development,for purposes of development sched-
uling,if located on either a single parcel or on a set of contiguous parcels of land held by a Developer
in common ownership,regardless of form,at any time on or after the date of adoption of this bylaw.
d. Where consistent with the applicable Growth Rate Limit,building permits for the construction of new
residential units in types of development set forth in Section 8.7(4)(a),shall be authorized only in ac-
cordance with the following table:
Maximum number of
Number of new dwelling building permits for
units in development new dwelling units per Year
1-5 (total in development)
6-10 5
11-20 6
21-30 7
31-40 8
41-54 9
55-80 10
More than 80 12.5%of total in development
Notwithstanding that a Development Schedule has been approved and recorded, the Planning Board shall
not be required to authorize the issuance of the stated maximum number of building permits if the issuance
of such permits would result in exceeding the Growth Rate Limit.Adoption of a Development Schedule shall
not be construed as a commitment to issue building permits. The Planning Board shall not establish any
Development Schedule which phases development for longer than a 10 year period.
V.PROCEDURES FoR DEVELOPMENT SCHEDULES
a. No building permits for new dwelling units shall be issued until the Development Schedule has been
recorded and a certified copy of the Development Schedule has been filed with the Planning Board.
b. Upon transfer of any lot or unit in the types of development subject to development scheduling,the
deed shall reference the Development Schedule and state the earliest date on which construction may
be commenced in accordance with the provisions of this bylaw.
c. In order to be equitable to all Developers no more than 20% of the total available building permits
under section 8.7(3)(a), in any Year,will be issued to any one Developer.
d. Procedures for development schedulaes shall be in accordance with rules and regulations,consistent
with the provisions of this bylaw,to be adopted by the Planning Board on or before July 1, 1996.
VI.EXEMPTIONS
The following developments are specifically exempt from the Growth Rate Limit and Development Sched-
uling provisions of this by-law.The issuance of building permits for these Developments shall count toward
the Growth Rate Limit of 80 permits in aYear.Except that permits issued under subsection(a)below shall
not count towards the Growth Rate Limit of 80 permits in a Year.
128 Town of North Andover
a. An application for a building permit for the enlargement,restoration,or reconstruction of a dwelling
in existence as of the effective date of this by-law,provided that no additional residential unit is cre-
ated.
b. All lots created prior to May 6,1996 are exempt from the provisions of this Section 8.7 of the Zoning
Bylaw.
c. Dwelling units for low and/or moderate income families or individuals,where all of the following con-
ditions are met:
1. Occupancy of the units is restricted to households qualifying under Local Initiative Program as
administered by the Executive Office of Communities and Development;
2. The affordable units are subject to a properly executed and recorded deed restriction running with
the land which shall limit the succeeding resale price to an increase of 10 percent,plus any in-
crease in the consumer price index, plus the cost of any improvements certified by the Building
Inspector.
c. Dwelling units for senior residents,where occupancy of the units is restricted to seniopppersons through
a properly executed and recorded deed restriction running with the land.For purposes of this Section
"senior" shall mean persons over the age of 55.
d. Development projects which voluntarily agree to a minimum 40% permanent reduction in
density,(buildable lots),below the density,(buildable lots),permitted under zoning and feasible given
the environmental conditions of the tract,with the surplus land equal to at least ten buildable acres
and permanently designated as open space and/or farmland. The land to be preserved shall be pro-
tected from development by an Agricultural Preservation Restriction,Conservation Restriction,dedi-
cation to the Town, or other similar mechanism approved by the Planning Board that will ensure its
protection.
e. Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel
on the effective date of this Section 8.7 shall receive a one-time exemption from the Planned Growth
Rate and Development Scheduling provisions for the purpose of constructing one single family dwell-
ing unit on the parcel.
f. If at the time a Development is ready for building pennits,(ie.all other permits from all other boards
and commissions have been received and the project is in compliance with those permits), and the
Development Schedule does not accommodate issuing a building permit in that Year, one building
permit will be issued per Year per Development until such time as the Development Schedule accom-
modates issuing building permits.
ZONING CHANGE PROTECTION
a. Any protection against zoning changes provided by M.G.L.c.40A, s.6,shall be extended to the ear-
liest date on which the final unit in the development could be authorized under this bylaw.
SEvERABILrrY
a. The provisions of this by-law are hereby declared severable and if any provision shall be held invalid
or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the
remaining provisions of this by-law.
VOTED to adopt Article 6 as amended above.
YES 462 NO 52
1996 Annual Town Report 129
ARTICLE 7—GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1997.
To see what action the Town will take,as to the budget recommendations of the Finance Committee for the
fiscal year beginning July 1, 1996,and ending June 30, 1997;or to take any other action relative thereto.
Board of Selectmen
FY95 FY96 FY97 FY97
Board of Finance
Selectmen Committee
Actual Budget Recommends Recommends
Total Personnel Services 1,534,070.79 1,727,141.00 1,837,303.67 1,837,303.67
Total Expenses 849,982.10 699,574.00 676,350.00 682,954.00
Less Offsets (19,643.00) (21,935.00) (20,660.00) (20,660.00)
Total General Government 2,364,409.89 2,404,780.00 2,492,993.67 2,499,597.67
Notes:
�A
Il
m
Total Personnel Services 3,885,316.69 3,919,689.00 3,982,855.01 3,992,955.01
Total Expenses 343,091.55 343,385.00 339,790.00 361,686.00
Total Public Safety 4,228,408.24 4,263,074.00 4,322,645.01 4,344,541.01
Notes:
01 �1
N.Andover Public Schools
Personnel Services 13,215,437.24 13,827,026.00 15,319,947.00 15,319,947.00
Expenses 3,882,490.96 4,268,802.00 4,268,802.00 4,268,802.00
Less PL874 0.00 0.00 0.00 0.00
Subtotal 17,097,928.20 18,095,828.00 19,588,749.00 19,588,749.00
Regional Vocational School
Other Expenses 105,880.00 203,879.00 94,516.00 94,516.00
Total Education 17,203,808.20 18,299,707.00 19,683,265.00 19,683,265.00
Notes:North Andover Public Schools
Departmental request:(Charter requirement)
Total Personnel Services 15,783,356.00
Total Expenses 4,901,577.00
Total—Request 20,684,933.00
130 Town of North Andover
FY95 FY96 FY97 FY97
Board of Finance
Selectmen Committee
Actual Budget Recommends Recommends
E
Total Personnel Services 1,325,659.35 1,462,337.00 1,508,340.34 1,508,340.34
Total Expenses 2,800,644.56 2,847,554.00 2,877,113.00 2,877,113.00
Less Offsets (139,000.00) (139,000.00)
Total Division of Public Works 3,987,303.91 4,170,891.00 4,385,453.34 4,385,453.34
Notes:
E-
Retirement 1,036,256.00 1,121,777.00 1,186,292.00 1,186,292.00
Workers Compensation 6,000.00 6,000.00
Unemployment Expense 15,000.00 15,000.00
Group Insurance 1,837,125.28 2,000,000.00 2,194,816.00 2,194,816.00
Debt Service-Principal 1,495,000.00 1,933,000.00 2,339,182.59 2,339,182.59
Interest on Long Term Debt 1,185,830,00 1,389,381.00 1,333,804.58 1,333,804.58
Interest on Short Term Debt 403,920.12 919,249.00 1,502,555.00 1,502,555.00
Bond Issue Expense 43,797.80 70,000.00 70,000.00 70,000.00
Liability Insurance 328,48913 334,000.00 334,000.00 334,000.00
Total Fixed Expenses 6,330,418.33 7,767,407.00 8,981,650.17 8,991,650.17
Notes:
10
t
22
Total Personal Services 22,833,865.35 24,057,970.00 26,029,554.02 26,029,554.02
Total Expenses 11,439,126.22 13,008,824.00 13,857,113.17 13,885,613.17
Less Offsets (158,643.00) (160,935.00) (20,660.00) (20,660.00)
Less PL874
Grand Total 34,114,348.57 36,905,859.00 39,866,007.19 39,894,507.19
Notes:
UNANIMOUSLY VOTED to accept the recommendations of the Finance Committee under the column titled
"FY'97 Finance Committee Recommends"to raise and appropriate$39,894,507.19 for the purpose of funding
this article.
Further amended as follows:
Reduce General Government-Total Expense in the amount of$6,604;and Reduce Public Safety-Total Ex-
penses in the amount of$21,896,for a total reduction of$28,500 and for an amended total appropriation of
$39,866,007.19.
Further amended by the School Committee as follows:
1996 Annual Town Report 131
UNANIMOUSLY VOTED that the amount to be raised and appropriated for the education portion of the bud-
get be increased by$238,886,so that the total general appropriation will be:$40,133,393.19;provided that said
increase in appropriation is contingent upon receipt of$238,886 in so-called overburden aid as part of the Town's
FY 1997 Chapter 70 Education funding to be received from the Commonwealth; provided further that, in the
event that said$238,886 in overburden aid is not received by the Town, $39,894,507 shall be raised and appro-
priated.
ARTICLE 8—APPROPRIATION TO STABILIZATION FUND.
To see if the Town will vote to raise and appropriate for the Stabilization Fund,in accordance with Section
5B of Chapter 40 of the General Laws,from which appropriations may be made by a two-thirds vote of an
Annual Town Meeting for any purpose for which a municipality may borrow money or for any other mu-
nicipal purpose approved by the State Emergency Finance Board
Board of Selectmen
UNANIMOUSLY VOTED to Take No Action on Article 8,
ARTICLE 9—CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1997.
To see if the Town will vote to raise and appropriate,transfer from available funds,or borrow under the pro-
visions of the Massachusetts General Laws Chapter 44, the following sums of money or any other sum for
the purposes listed below; or to take any other action relative thereto.
Board of Selectmen
Board of Finance
Department Project Department Selectmen Committee
Description Request Recommends Recommends
Me
9 T9 99 1 l EYE E ,a -
POLICE
1.Patrol Operational Equipment 96,688 0 0
2.Radio Replacement Program 79,468 0 0
3.Administrative Equipment 13,344 0 0
4. Criminal Investigative Equipment 11500 0 0
5.Assigned Cruiser Plan 206,490 0 0
Subtotal-Police 397,490 0 0
FIRE
6.Planning-Fire/Ambulance Response Ctrs. 50,000 0 0
7. Confined Space Rescue(Train. &Equip.) 17,500 0 0
8. Osgood Hill Fire Alarm 18,046 0 0
9.4-Wheel Drive Vehicle-Deputy Chief 25,000 0 0
10.Fire Alarm Cable Plant(Eng./Design) 5,000 0 0
Subtotal-Fire 15,546 0 0
132 Town of North Andover
Board of Finance
Department Project Department Selectmen Committee
Description Request Recommends Recommends
TECHNOLOGY
11.System Hardware/Software-School 1,114,838 0 0
12.Mobile Computer Tennunals-Public Safety 207,000 0 0
13. System Hardware/Software-Municipal(Ph 2) 156,000 52,270 52,270
Subtotal-Technology 1,477,838 52,270 52,270
PUBLIC WORKS
14. Public Works Equipment 226,000 0 0
15. Road Improvement Program 250,000 0 0
16.Sidewalks 200,000 0 0
17.ADA Improvements- DPW Building 3,000 0 0
18.Community Center Building 7,000 0 0
Subtotal -Public Works 686,000 0 0
COMMUNITY DEVELOPMENT&SERVICES
19. Open Space Acquisition 10,000 0 0
20.Update Balanced Growth Study 0 0
21.Update Watershed Study 25,000 0 0
Subtotal-Planning&Comm.Develop. 47,000 0 0
School FACILITIES
22.ADA Projects-Kittredge(Phase 111) 233,100 0 0
23.Bradstreet-Reroof 75,000 0 0
24.Bradstreet-Ceiling&Lighting 18,000 0 0
25.Franklin-Window Replacement 24,760 0 0
26.Repaving-(Atkinson.,Franklin,High School) 176,700 0 0
27. High School-Renovate Auditorium&Lecture Halls 260,000 0 0
28.High School-Parking Lot Expansion 48,000 0 0
29.Athletics-Resurface Running Track 60,000 0 0
Subtotal-Facilities 895,560 0 0
TOTAL- C.I.P.Operations 3,619,434 52,270 52,270
Tax Supported Debt
SEEt�
REVENUE SUPPORTED DEBT-WATER
30.Water Main Rehab 750,000 0 0
31.Engineering-Subsequent Yr Water Pro 35,000 0 0
32. Bradford Stand Pipe 90,000 0 0
33, G.A.C. Filter Replacement 50,000 50,000 50,000
Subtotal-Water 925,000 0 0
1996 Annual Town Report 133
Board of Finance
Department Project Department Selectmen Committee
Description Request Recommends Recommends
REVENUE SUPPORTED DEBT-SEWER
34. Sewer System Ext-Phase 3 GPR 1,500,000 0
35.Sewer System Improvements 111 500,000 500,000 500,000
36.Pumping Station Improvements 30,000 0 0
Subtotal-Sewer 2,030,000 500,000 500,000
TOTAL- C.I.P.Operations 2,955,000 550,000 550,000
Revenue Supported Debt
GRAND TOTAL-Fiscal Year 1997 C.I.P. 6,574,434 602,270 602,270
UNANIMOUSLY VOTED that the Town appropriate$602,270 to fund the items listed under the column"Fi-
nance Committee Recommends";and that to meet the appropriation,the sum of$52,270 shall be raised by taxa-
tion to fund item#13,and further,the sum of$50,000 shall be funded by water revenue to fund item#33,and to
fund item#35,the Treasurer,with the approval of the Board of Selectmen is authorized to borrow$500,000 under
Chapter 44 of the Massachusetts General Laws.
Voted May 6, 1996
ARTICLE 10—FISCAL YEAR 1996 BUDGET TRANSFERS.
To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1996 operating
budget from other line items of said budget and from other available funds; or to take any other action rela-
tive thereto.
Board of Selectmen
UNANIMOUSLY VOTED for the Town to authorize the line item transfers as listed below:
Transfer from:
General Government-Total Personnel Services 99,100
General Government-Total Expenses 27,669
Division of Public Works-Total Personnel Services 46,750
Fixed Expenses-Interest on Long Term Debt 117,359
Fixed Expenses-Interest on Short Term Debt 139,859
being the sum of $430,737;
Transfer to:
Public Safety-Total Personnel Services 127,573
Education-Regional Vocational School-Other Expenses 54,080
Division of Public Works-Total Expenses 68,923
Fixed Expenses-Debt Service-Principal 122,223
Fixed Expenses- Bond Issue Expense 29,858
Fixed Expenses-Liability Insurance 28,080
being the sum of $430,737.
Voted May 6, 1996
134 Town of North Andover
ARTICLE 11—AMEND AUTHORIZATION TO BORROW.
To see if the Town will vote to amend the vote of the Town passed under Article 12 of the warrant for the
1992 Annual Town Meeting(as amended by the vote of the Town passed under Article 13 of the warrant for
the 1993 Annual Town Meeting)appropriating$10,000,000 for constructing,originally equipping and fur-
nishing a new elementary school and authorizing the borrowing of$10,000,000 to meet such appropriation
by providing that any bonds issued under Chapter 645 of the Acts of 1948 pursuant to such vote may be is-
sued on a level debt service basis.
Director of Finance
VOTED BY MAJORITY for the Town amend the vote of the Town passed under Article 12 of the warrant of
the 1992 Annual Town Meeting(as amended by the vote of the Town passed under Article 13 of the warrant for
the 1993 Annual Town Meeting)appropriating$10,000,000 for constructing,originally equipping and furnish-
ing a new elementary school and authorizing the borrowing of$10,000,000 to meet such appropriation by add-
ing at the end of such vote the following:
"and that pursuant to G.L.c.44, §19 all or any portion of any bonds issued under Chapter 645 of the
Acts of 1948 pursuant to this vote may be issued on a level debt service basis as determined by the
Treasurer, with the approval of the Selectmen"
Voted May 6, 1996
ARTICLE 12—RESERVE FUND.
To see if the Town will vote to raise and appropriate$75,000 to fund the Reserve Fund.
Board of Selectmen
UNANIMOUSLY VOTED that the Town raise and appropriate the sum of$75,000 in order to fund the Reserve
Fund.
Voted May 6, 1996
ARTICLE 13—EXPENDITURE OF GRANT FUNDS.
To see if the Town will vote to authorize the Town Manager subject to the approval of the Board of Select-
men to apply for,accept and enter into contracts from time to time for the expenditure of any funds allotted
to North Andover by the Commonwealth of Massachusetts or the U.S.Government under any State or Fed-
eral grant program;or to take any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 13 as printed int the warrant.
Voted May 6, 1996
1996 Annual Town Report 135
ARTICLE 14—WETLANDS FILING FEES ACCOUNT.
To see if the Town will vote to appropriate a sum from the Wetlands Filing Fees Account to be used by the
Conservation Commission in the performance of their duties under the Wetlands Protection Act,
Conservation Commission
UNANIMOUSLY VOTED that the Town appropriate$25,000 from the Wetlands Filing Fees Account to be used
by the Conservation Commission in the performance of their duties under the Wetlands Protection Act.
Voted May 6, 1996
ARTICLE 15—AUTHORIZATION OF A REVOLVING FUND TO OPERATE THE STEVENS ESTATE
AT OSGOOD HILL CONFERENCE CENTER.
To see if the Town will vote to authorize the use of a revolving fund for fiscal year 1997, as established un-
der Article 7 of the October 24, 1994,Special Town Meeting for the purposes of operating the Stevens Es-
tate at Osgood Hill Conference Center,pursuant to Massachusetts General Laws,Chapter 44, Section 53E
1/2; and further all receipts relating to the operation of the Conference Center including, but not limited to
seminars,conferences,and functions,will be credited to the revolving fund;and that no expenditure be made
from the revolving fund without the authorization of the Town Manager,and that the total expenditures charged
to the revolving fund will not exceed$242,600 to include all directly related operating expenses, including
salaries, goods and services, repairs and maintenance, and other expenses in fiscal year 1997; and further
for the period 7/94 to 12/95 the total amount of receipts collected was$107,718.52 and the total amount ex-
pended was$147,588.74,with a resulting fund balance deficit in the revolving account of$39,870.22;or to
take any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 15 as printed in the warrant.
Voted May 6, 1996
ARTICLE 16—AMENDMENT TO TOWN CHARTER.
To see of the Town will vote to petition the State Legislature to amend the North Andover Town Charter, as
originally voted at the Annual Town Elections of March 3, 1986,and further amended by Chapter 75 of the
Acts of 1995 to provide for the following changes:
Chapter Four:To amend Chapter 4, Section 5.2(a),by striking the words:
"The classification of positions,based on duties,responsibilities,and authority of each position,with ad-
equate provision for reclassification of any position whenever warranted by changed circumstances:'
To amend Chapter.4, Section 5.2(b), by striping the words: "Salary and pay plan for all positions"
VOTED to adopt Article 16 as printed int the warrant.
YES 143 NO 78
Voted May 6, 1996
136 Town of North Andover
ARTICLE 17--AMENDMENT OF ZONING BYLAW SECTION 7.1.1 AND 7.2 - DEFINITION OF A
STREET.
To see of the Town will vote to amend Section 7.1.1 Contiguous Buildable Area and Section 7.2 Street Frontage
of the North Andover Zoning Bylaw by deleting the phrase "exclusive of area in a street or recorded way
open to public use"and inserting"exclusive of any area within a street or within a private way or a recorded
right-of-way for travel by motor vehicles."
Planning Board
UNANIMOUSLY VOTED that the Town amend Section 7.1.1 Contiguous Buildable Area and Section 7.2 Street
Frontage of the North Andover Zoning By-Law by:
1.deleting the phrase"exclusive of area in a street or recorded way open to public use"in the first sentence
of Section 7.1.1, and substituting therefor the phrase"exclusive of any area within a street or within a pri-
vate way or a recorded right-of-way for travel by motor vehicles";
and
2. deleting the phrase "within the limits of a street upon which such lot abuts" in the first sentence of the
second paragraph of Section 7.2,and substituting the phrase"within the limits of any street,or any private
way or recorded right-of-way for travel by motor vehicles,upon which such lot abuts".
Voted May 7, 1996
ARTICLE 18—REZONING A PORTION OF ROUTE 114.
To see if the Town will vote to rezone the following adjacent parcels of land from Business-1,Industrial-1
and R-3 to Business-2, said parcels being lots 6,7, 5, 38,57,and 40 as shown on Plan of Proposed Zoning,
dated,January 5, 1996.Said land is located on the North East side of Turnpike Street approximately 1500'
East of Hillside Road.
Parcel#1 Known as the McGregor parcel and containing .96 AC.being rezoned from Business-1 to Busi-
ness-2. Said parcel described as follows:
Beginning at a point at the intersection of Saville Street and the Salem Turnpike(Route 114),running North-
easterly 386'along the centerline of Saville Street to a point,thence Southeasterly 20'to the sideline of Saville
Street to a point at land of McGregor and Balsamo,thence Easterly 100'along land of Balsamo to a point,
thence Southerly 331.70' along land of Able Realty Trust to a point,thence Westerly 217.23'to a point at
land of McGregor,Able Realty Trust and the sideline of Saville Street,thence continuing Westerly along the
same line 25'to the center line of Saville Street.
Parcel#2A4 Known as the or Able Baker Charlie,Realty Trust parcels and containing 5.98 AC.being re-
zoned from Industrial-1 and Business-2.Said parcels being described as follows:
Beginning at a point at land of Chestnut Street Realty Trust,McGregor,and Able Realty Trust,thence East-
erly 576.99'along land of Chestnut Street Realty Trust,and General Store Trust to the center line of a brook
at land of Bartle,thence Southwesterly 132.90' along land of Bartle to a point in the centerline of a brook,
thence Southwesterly 604.19'along the center line of the brook along property of Rea Land Realty Trust to
a point in the centerline of Turnpike Street,thence Westerly 510'along the center line of Mimpike Street to
a point in the center line of Turnpike Street at the intersection of the centerline of Saville Street,thence North-
erly 30'along the center line of Saville Street to a point,thence 25'Easterly to the side line of Saville Street
at the lot corner of McGregor, thence Easterly 217.23' along the property of McGregor to a point, thence
Northerly 331'along the property of McGregor to the point of beginning.
1996 Annual Town Report 137
Parcel#5 Known as the Rea Land parcel and containing 3.95 AC.being rezoned from Industrial-1 to Busi-
ness-2.Said parcel being described as follows:
Beginning at a point,at land of Rea Land Realty Trust and Magnum Realty Trust on the Northerly side of
Tumpike Street 1221.13'West of Mill Road.Thence running South Westerly 42'to the center line of Turn-
pike Street,thence running North Westerly 290'along the centerline of Turnpike Street,thence turning North
Easterly 40'to a point at land of Charlie Realty Trust and Rea Land Realty Trust on the side line of Turnpike
Street at the center line of a brook.Thence North Easterly 564.19'along the center line of the brook and prop-
erty of Charlie Realty Trust at a point in the center of a brook at a point of land of Charlie Realty Trust and
Bartle.Thence running Easterly 189.43'along land of Bartle to a point at Bartle and Magnum Realty Trust
and Rea Land Realty Trust.Thence running Southerly 461.1 l'along land of Magnum Realty Trust to a point,
thence running South Westerly 237.74'along land of Magnum Realty Trust to a point of beginning.
Thomas D..Laudani
UNANIMOUSLY VOTED to Take No Action on Article 18.
Voted May 7, 1996
ARTICLE 19—AMEND ZONING BYLAW-SECTION 2.41 DEFINITION HOTEL OR MOTEL.
To see if the Town will vote to amend Section 2.41 Hotel or Motel by deleting the following:
"A building designed for occupancy as the temporary residence of individuals who are lodged with or with-
out meals in which no provision is made for cooking in any individual room or suite."
and inserting the following:
"A building intended and designed primarily for transient or overnight occupancy divided into separate units
within the same building or buildings."
Planning Board
VOTED to adopt Article 19 as printed in the warrant.
YES 192 NO 27
Voted May 7, 1996
ARTICLE 20—REVISE SITE PLAN REVIEW SECTION 8.3 OF THE ZONING BYLAW.
To see if the Town will vote to amend the Zoning Bylaw,Section 8.3-Site Plan Review as follows:
Information to clarify changes only:BOLD=language to be added
UndeLlined=language to be deleted
8.3 Site Plan Review
Purpose
The purpose of this section is to protect the health,safety,convenience and general welfare of the in-
habitants of the Town by providing for a review of plans for uses and structures which may have sig-
nificant impacts,both within the site and in relation to adjacent properties and streets;on pedestrian
138 Town of North Andover
and vehicular traffic;public services and infrastructure;environmental,unique and historic resources;
abutting properties; and community character and ambiance.
This section provides the procedures and standards for Site Plan Review.The intent of Site Plan Review is
to ensure that all Town Bylaws are adhered to.as well as encourage the arrangement of buildings,structures,
open s ff- treet parking,lighting.that will promote the public health.safe1y.convenience and welfare
by establishing a uniform system of review of proposed consimction in the Jgwn of North Andove
This section of the Zoning Bylaw is adopted pursuant to Chapter 40A,Section 9.All Site Plan Review ap-
plications submitted under the provisions of this section,shall be reviewed by the Planning Board as a Spe-
cial Permit.
Sites and developments to which this section applies shall comply with the regulations of this section as well
as those other applicable Town Bylaws,or the requirements of the Commonwealth of Massachusetts,prior
to any construction being undertaken in the Town of North Andover.
8.31 Development Which Require Site Plan Review
1. Site Plan is required when:
a. Any new building(s)or construction, which contains more than two thousand(2,000) square feet of
gross floor area which is undertaken on land within the Town of North Andover or results in the re-
quirement of five(5)or more new or additional parking spaces;
b. Any construction which results in the addition of more than two thousand(2,000)square feet of gross
floor area to an existing structure;or contains five 5 r more 12gkina spaces results in the require-
ment of five(5)or more new or additional parking spaces;
c. Any construction,site improvements,new uses in existing structures or developments which contain
new processes not normally associated with the existing use which results in changes in the potential
nuisance to adjacent property;traffic circulation;and/or stormwater drainage onto or off of the site;
and/or the application of the parking standards of Section 8.1 indicate the need for five (5)or
more additional parking spaces.
2. The following development(s) are exempt from Site Plan Review:
a. Single family dwelling(s)and two family dwelling(s);
b. Small structures or additions which do not exceed two thousand(2,000)square feet of gross floor area
and do not require five (5)or more parking spaces.
c. Routine repairs and maintenance that do not exceed the provisions of Section 8.31 (1)(c).
3. Waiver of Site Plan Review
When in the opinion of the Planning Board,the alteration or reconstruction of a existing struc-
ture or new use or change in use will not have a significant impact,both within the site and in re-
lation to adjacent properties and streets; on pedestrian and vehicular traffic; public services and
infrastructure; environmental,unique and historic resources; abutting properties; and commu-
nity needs the Planning Board may determine,without a public hearing,that submission of a site
plan is not required.
8.32 Site Alteration-Violation of the Bylaw
No building permit,site clearing,filling,grading,material deliveries or construction shall be initiated on any
site which this section applies until Site Plan approval as required by this section is obtained.
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 determi-
nation, percolation tests for septic systems as required by the Board of Health, or other similar test as re-
quired in order to fulfill a requirement of any Town Bylaw or regulations of the Commonwealth.
1996 Annual Town Report 139
8.33 Procedures
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 Section 8.36.
Any proposed development meeting any of the criteria set forth in Section 8.31(1), shall be subject to Site
Plan Review and submit a Special Permit application to the Planning Board.
ftending on the classification of thep=gsed d V 1 t as" or" "tn i te" r' e' R U -
ments for site elan shall yaa dgxnding upon its classification criteria-as,.outlined below:
r UV&Uoses of this section majQ�untermediate or minor d velopments are:
1. A MAJOR DEVELOPMENT is a project which meets one of the following criteria:
a. Thep o
Lject contains. or is to contain. en 1 r More acres or
b The"ect cmWM.or is to contain fifty 50 more housing nit
c. The pM-ject c in the aggregate,tw n -fiv thous 5 or more 5qUare feet of build-
ing;cowragg in any new and/or existing building(s)• or
d. The o' t contains, is to contain.twQ hundred 0 r more Rarking s ce • or
e. The 1IMirct will gcnerate one thousand(1,000)or more new vehicle tri_prper day-
2. D D VELOP is a pcgject which meets one or more of the following criteria:
a. Thep_r9irgt contains.or is to contain,between one 1acre and nine .99 • or
b !he Eject contains,or is to contain,between eleven(11)hou5ing units and forty-nine(49)housirgg
units:or
L. The Miect contains.or is to-contain,between five thousand(5 UOQ>�quare feet and twenty-five thou
d 2 square feet f building c ver e ' an new existing uil ' s .
3. A MINOR DEVEL PMENT is a project which meets one of the following criteria:
a The protect is less than one(1)acre in size-,or
b The 12Ea'ect contains.or i5 tgsQntain.between three housing units and ten housing u 'ts or
c Th project contains. in the aggregaLe.less than five thousand 000 s uare feet of building cover-
age-
When ro s development falls into two, r more dev l m nt p=osed and the type of information
rewired for Site Plan Review.
1. An applicant for site plan review shall file an application form,fee,eight copies of the site plan,
and any additional information as may be required,with the Planning Department.Once the ap-
plicant is deemed complete, the Planning Department will forward the application to the Town
Clerk.An application will not be deemed complete until all required information and fees are sub-
mitted.The time periods set forth in this Zoning Bylaw and M.G.L.Ch.40A will not start until the
application has been deemed complete and submitted to the Town Clerk.
2. The Planning Board shall have the authority to require that the applicant pay for necessary pro-
fessional services required to adequately review and analyze the contents of any site plan or im-
pact study requested by the Board.
3. The following information shall be filed at the time of the application:
140 Town of North Andover
8.34 Information Required
U12licants for Site Plan Review shall submit to the Planning and the Wowing matefials for review:
a. Special Permit Application Form,along with any fees as may be set by the Town Bylaw;
b. Drawings prepared at a scale of one inch equals forty feet(1"=49)or larger,or at a scale as approved
in advance the Town Planner;
c. All site plans shall be prepared by a certified architect,landscape architect,and engineer registered in
the Commonwealth of Massachusetts; all plans shall be signed and stamped;
d. The times for submission of the site plans for review by the Planning Board are specified in Section
10.3 of the Zoning Bylaws(Special Permit Regulations)
TABLE 1
INFORMATION FOR SITE PLAN
'lime of Development Proposed
Major Intermediate M_ in �+ve of Information Required
X X x 1.North ow/Location Map
X X XX 2.SuUm of e
x X x 3. Name/Descd%ion of Proiect
x x X 4 Emements/Lual Conditipns
x X X 5.Topog[anhy
X X X 6.Zoning Information
X x X— 7,SlQrmwater Drainage Plan
x X X 8.Buil ine(s)Location
x X x 9.BuildingEl n
X X 10.,E-ocation of Paddng/Walkways
x X X 11_Location of Wetlands
X x 12 Location of Walls/Signs
X X X 3.Location of Roadways/Drdve
X X 14.Outdoor Storage/DisplayAre
X X Q 15.Landscaping Plan
X x Q 16.Refuse Areas
x X Q 17, Lighting Facilities
X Q Q 18.Drainage Basin Study
x Q Q 19 Traffic Impact Study
x Q Q 20.CommonwegIth Review
X Required Information
O Information may be regnested by the Planning Boardl
1996 Annual Town Report 141
TABLE 2
Type of Information Required-Explanation
1. NORTH ARROW/LOCATION MAP
A north arrow and a location map showing surrounding roadways and land uses adjacent to the site
(1"=1500').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 ten-
ants,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(s)that are related to the sites physical development,
and a listing of any condition(s)placed upon the site by the Board of Appeals,Planning Board,Conser-
vation Commission,or any public body or agency,with the authority to place conditions on the sites de-
velopment.
5. TOPOGRAPHY
The present and proposed topography of the site,utilizing two foot(2)contour intervals.The contours
shall extend at least fifty(59)feet beyond the site boundaries by estimation of the professional submit-
ting the plan.
6. ZONING INFORMATION
All applicable Zoning Bylaw information shall be provided regarding the site's development.This in-
formation 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 in-
formation necessary for the proper review of the site plan by the Town Planner and Planning Board.
7. STORMWATER DRAINAGE
All stormwater drainage control facilities utilized by the site shall be shown on the site plan.Stormwater
drainage calculations which support the design of the control facilities shown the plan shall be submit-
ted to the Department of Public Works for review and approval.Calculations shall show a mitigation of
run-off to zero of the 2, 10,and 100 year storm event.
8. BUILDING LOCATION
Identification of all existing and proposed structure(s)located on the site.The number of stories,overall
height in feet and gross floor area in square feet of all structure shall be indicated.
9. BUILDING ELEVATION
A drawing of the exterior of the building,as viewed from the front[of the building] 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 8" x 11" in size [and no larger the I I" x 17".] (1994/36)
10. LOCATION OF PARKING/WALKWAYS
Identification of the location of all existing and proposed parking and walkways areas, including curb
cuts that will be used to access the site from adjacent roadways, or access points.
I I. LOCATION OF WETLANDS/NOTICE OF INTENT
All resource areas as defined in M.G.L.Chapter 131,Section 40 and the Town's Wetland Bylaw, shall
be shown on the site plan.The applicant shall file a Notice of Intent with NACC concurrently with the
application to the Planning Board for Site Plan Review.
12. 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 to be reviewed using the guidelines set forth in Section 6.6(H)of the Zoning Bylaw.
142 Town of North Andover
13. LOCATION OF ROADWAYS/DRIVES
Identification of all right-of-ways 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 streets which is adjacent to the site.
14. OUTDOOR STORAGE/DISPLAY AREAS
Identification of the location and type of outdoor storage and display areas on the site.
15. LANDSCAPING PLAN
Identification of the location and landscape schedule of all perimeter and interior landscaping,including
but not limited to proposed paving materials for walkways,fences,stonewalls and all planting materials
to be placed on the site. In addition,all existing trees over 12 inches DBH,to be saved or removed shall
be shown on the site plan.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.
16. REFUSE AREAS
Identification of the location of each outdoor refuse storage area, including the method of storage and
screening.
17. 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.
18. DRAINAGE BASIN STUDY
A detailed hydrology study for the site. Included in this study is the proposed stormwater run-off rates
into the existing drainage system and its potential down-stream impact on the existing drainage system.
19. TRAFFIC IMPACT STUDY
Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the
proposed project.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 he filed with the applica-
tion to the Planning Board.
20. COMMONWEALTH REVIEW
Any information required and submitted to any agency of the Commonwealth,shall be filed with the Plan-
ning 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 sys-
tems;
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 consis-
tency, 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.
8.35 Review Criteria/Design Guidelines
The following criteria and design guidelines shall be used by the Board in evaluating the site plan re-
view and all information submitted as part of the application.
1. General
a. Conformance with all appropriate provisions of the Zoning Bylaw.
b. Protection of abutting properties from detrimental site characteristics.
1996 Annual Town Report 143
2. Environmental
a. Protection of unique or important natural,historic or scenic features.
b. Adequacy of proposed methods of refuse disposal.
c. Ability of proposed sewage disposal and water supply systems within and adjacent to the site to
serve the proposed use.
d.Adequacy of the proposed drainage system within and adjacent to the site to handle the increased
runoff resulting from the development.
e. Provision of adequate landscaping,including the screening of adjacent residential uses,provi-
sion of street trees,landscape islands in the parking lot and a landscape buffer along the street
frontage.
f. Adequacy of the soil erosion plan and any plan for protection of steep slopes,both during and
after construction.
g. Protection of adjacent properties by minimizing the intrusion of lighting,including parking lot
and building exterior lighting.
h. The proposed development must not present a demonstrable adverse impact on the surround-
ing area resulting from excessive noise,dust,smoke,or vibration which are higher than levels
now experienced from uses permitted in the surrounding area.
3. Design
a, Buildings shall be located with respect to setbacks placement of parking landscaping and en-
trances and exits with surrounding buildings and development.
b. The buildings shall relate harmoniously to each other in architectural style, site location and
building exits and entrances.
c. Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment,
utility buildings and similar features.
d.Electric,telephone,cable t.v.,and other such lines and equipment must be placed underground.
e. that the scale,massing and detailing of buildings are compatible with those prevalent in the sur-
rounding area.
4. Traffic/Parking
a. The location and number of curb cuts shall be minimized to reduce turning movements,and
hazardous exits and entrances.
b. Provision for access to adjoining properties shall be provided as appropriate.
c. Driveways shall be located opposite each other wherever possible.
d. Joint access driveways between adjoining properties shall be encouraged.
e. Internal circulation and egress shall provide for traffic safety, and access to and from minor
streets servicing one family dwellings shall be minimized.
8.36 Findings of the Planning Board
With the concurring vote of four members of the Planning Board shall either A)approve,B) approve with
conditions,or C)deny a site plan submitted for review.
1. The Planning Board shall approve a site plan with 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
section and Section 10.31 (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 or-
der 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 section,or has failed to adhere
to the procedures for Site Plan Review as outlined in this section,and Section 10.3(Special Permits),or;
144 Town of North Andover
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.
4. The Planning Board shall render a decision within ninety(90)days 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 M.G.L.ch.40A.
5. The applicant shall be responsible for filing in the Registry of Deeds or,where applicable,a copy
of the decision.Prior to the issuance of a building permit,the applicant shall present evidence of
such recording to the Building Inspector.
6. For the purpose of securing the performance of all proposed work,including landscaping and off-
site improvements,the 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 discre-
tion,may release partial amounts of the security at certain stages of construction.
8.37 Revisions to Approved Site Plan
Any revisions to a development that has secured site plan approval shall be submitted to the Town Planner
for review.
No revisions shall be approved until the Town Planner receives three(3) copies of the revised plan and the
revisions placed on the plan fall into the following categories:
a. A change of location and layout of any parking area(s)sign,storage or accessory building,provided
that no Town Bylaws are violated by the change;
b. The change in the proposed landscaping plan which does not violate any Town Bylaw;
c. A change of egress and ingress provided the same is in compliance with Town Bylaws and the re-
quirements of the Commonwealth.
The revisions cited above may be done without further review by Planning Board,upon approval by the Town
Planner.The Town Planner may determine that the revisions as shown do not fall into the categories out-
lined in this subsection,and that the proposed revisions are in fact substantial and call for materially differ-
ent 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.
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 section.
Planning Board
VOTED to adopt Article 24 as printed in the warrant.
YES 152 NO 66
Voted May 7, 19%
1996 Annual Town Report 145
ARTICLE 21—ZONING BYLAW AMENDMENT-SECTION 6-SIGN BYLAW.
To see if the Town will vote to amend Section 6 of the Zoning Bylaw by replacing the existing sign bylaw
with the following sign bylaw or take any other action relative thereto.
Text underlined or bracketed merely to show changes from existing bylaw.
SECTION 6—SIGNS AND SIGN LIGHTING REGULATIONS
6.1 Authority and Interpretation
This Bylaw is adopted,as a General Bylaw pursuant to Chapter 93,Section 29-33,inclusive,as amended,
and a Zoning Bylaw pursuant to Chapter 40-A,as amended of the General Laws of the Commonwealth of
Massachusetts.This Bylaw is hereby declared to be remedial and protective, and is to be so construed and
interpreted as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw.
6.2 Purposes
1. The regulation and restriction of signs within the Town of North Andover in order to protect and enhance
the visual environment of the Town for purposes of safety,convenience,information,and welfare of its
residents.
2. The restricting of signs and lights which overload the public's capacity to receive information,which violate
privacy,or which increase the probability of accidents by distracting attention or obstructing vision.
3. To encourage signage and lighting which aid communication,orientation,identify activities,express local
history and character, serve educational purposes for the public good.
4. The reduction of visual and informational conflict among private signs and lighting and between the
private and public information systems.
6.3 Defttions
1. Accessory Sign-A sign that advertises activities, goods,products,or a specific use, owner,or tenant,
available within the building or on the property on which the sign is located,or advertises the property
as a whole or any part thereof for sale or rent.
2. Building Frontage-The length in feet of a ground floor level of a building front or side facing a street
(or facing a right-of-way accessible from a street)that is occupied by an individual business.
3. Dimensional Sign-A non-accessory sign containing no advertising and giving direction to community
(non-commercial)activities,buildings,areas,such as churches,schools,playgrounds,museums,historical
sites,public buildings,etc. Sign not to exceed 12"x30".
4. Display Window Signs-Temporary signs on the surface of or inside display windows,lighted only by
the general building illumination.
5. Erect-Shall mean and include to construct,place,relocate,enlarge, alter, attach, suspend,and post.
6. Flagpole-A pole erected on a roof,or projecting from a building or structure or on the ground.
7. Freestanding Sign-Shall mean and include any sign not attached to a building or the ground.
8. Ground Sign-Any sign erected on the ground which is self-supported and anchored to the ground.
9. Illuminated Sign-Illumnated sign shall mean any sign illuminated by electricity,f gas(removed)] or
other artificial light including reflective or phosphorescent light and shall include location of source of
illumination.
10. Marquee-Any sheltering structure of permanent construction projecting from and totally supported by
the wall and/or roof of a building.
11. Non-Accessory Sign-Any sign that is not an accessory sign.
12. Obscene-shall have the meaning as that tern is defined in Massachusetts General Laws Chapter 272,
Section 1. Massachusetts General Laws,Chapter 272, Section defines`obscene"as follows:
1. appeals to the prurient interest of the average person applying the contemporary standards of the
county where the offense was committed;
146 Town of North Andover
2. depicts or describes sexual conduct in a potentially offensive way;and
3. lacks serious literary,artistic,or political or scientific value.
13. Permanent Sign-Any sign permitted to be erected and maintained for more than sixty(60)days.
14. Primary Sign -The principal accessory sign which may be a wall,roof,or ground sign,as allowed in
Section 6.6.
15. Projecting Sign-Any sign which is attached or suspended from a building or other structure and any
part of which projects more than twelve(12)inches from the wall surface of that portion of the building
or structure.
16. Roof Sign-Any sign erected,constructed,and maintained wholly upon,connected to,or over the roof
or parapet of any building with the entire support on the roof or roof structure.
17. Secondary Sign-Is a wall,roof,or ground sign intended for the same use as a primary sign but smaller
dimensions and lettering, as allowed in Section 6.6.
18. Sign -A-sign is any structure, mechanically or electrically driven, still or moving device,light, letter,
figure,word,model,banner,pennant,trade flag, or representation that is designed to be seen from out-
side the lot on which it is erected. It advertises activities,goods, places, persons, objects, institutions,
organizations, associations,businesses or events,products,services,or facilities available either on the
property where the sign appears or in some other location.The definition includes electric signs in windows
or doors,but does not include window displays or merchandise.A sign may be permanent or temporary.
19. Sign Size(Area)-The surface area of any sign is the entire area within a single continuous perimeter
enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any
material or color forming an integral part of the display or used to differentiate the sign from the back-
ground against which it is placed. Structural members bearing no sign copy shall not be included.
20. Wall Sign-Any sign affixed to, suspended from or painted on a wall,window,marquee,or parapet.
6.4 Administration and Enforcement
1. Enforcement- The Building Inspector is hereby designated as the Sign Officer and is hereby charged
with the enforcement of this Bylaw.
a. The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of
credentials,have the power to enter upon the premises on which any sign is erected or maintained in
order to inspect said sign.
b. The Sign Officer is further authorized,upon notice as herein provided,to order the repair or removal
of any sign which in his judgment is a prohibited non-accessory sign,or is likely to become danger-
ous,unsafe, or in disrepair,or which is erected or maintained contrary to this Bylaw.The Sign Of-
ficer shall serve a written notice and order upon the owner of record of the premises where the sign is
located and any advertiser,tenant, or other persons known to him having control of or a substantial
interest in said sign,directing the repair or removal of the sign within a time not to exceed thirty(30)
days after giving such notice. If such notice and order is not obeyed within such period of time,the
Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of cre-
dentials, have the power to enter upon the premises on which said sign is erected or maintained and
repair or remove,or cause to be repaired or removed, said sign.
All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any
sign shall be assessable against any person who failed to obey said notice and order and shall be re-
coverable in any court of competent jurisdiction if not paid within thirty(30)days after written notice
of assessment is given by the Sign Officer at any such person.
2. Permits:
a. No permanent sign shall be erected,enlarged,or structurally altered without a sign permit issued by
the Building Inspector.Permits shall only be issued for signs in conformance with this Bylaw.Pen-nit
applications shall be accompanied by two(2)prints of scale drawings of the sign,supporting structure and
location.A copy of any relevant special permit shall also accompany the application.All ground or roof
signs shall be registered and identified as required by Section 1407.0 of the State Building Code.
1996 Annual Town Report 147
b. Notwithstanding anything to the contrary in this Bylaw, any permanent sign authorized under this
Bylaw may contain any otherwise lawful,non-commercial message which does not direct attention
to a business or to a service or commodity for sale in lieu of any message or content described in the
applicable regulation.
3. Non-conformance of Accessory Signs:
Any non-conforming sign legally erected prior to the adoption of this provision,may be continued and
maintained.Any sign rendered non-conforming through change or termination of activities on the pre-
mises shall be removed within thirty(30)days of order by the Building Inspector.No existing sign shall
be enlarged, reworded,redesigned,or altered in any way unless it conforms to the provisions contained
herein.Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration
will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired,
rebuilt,restored or altered unless in conformity of this Bylaw.
4. Street Banners or Signs -Street banners or signs advertising a public or charitable entertainment or
event,by Special Permit from the Board of Selectmen.Such a sign shall be removed within seven(7)
days after the event.
6.5 Prohibitions:
1. No sign shall be lighted,except by steady,stationary light,shielded and directed solely at[or internal to
rem a the sign.Internally lit signs are not allowed.
2. No illumination shall be permitted which casts glare onto any residential premises or onto any portion
of a way so as to create a traffic hazard.
3. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00
a.m.unless indicating time or temperature or an establishment open to the public during those hours.
4. No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-
hazardous by the Chief of Police.
5. No animated,revolving, flashing, or exterior neon sign shall be permitted.
6. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted,except as al-
lowed by the board of Selectmen.
7. Comer visibility shall not be obstructed.
8. No sign shall be erected,displayed, or maintained upon any rock,tree, fence,or utility pole.
9. No sign shall be erected,displayed, or maintained if it contains any obscene matter.
10. Flags and insignia of any Government when displayed in connection with commercial promotion.
11. No sign shall obstruct any means of egress from a building.
12. Projecting signs are prohibited.
13. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6,B.
14. No signs shall be attached to motor vehicles, trailers or other movable-objects regularly or recurrtntly
located for fixed display,
6.6 Permitted Signs(Fee Required)
A. Residence District-Accessory Signs-The following signs are allowed in a residence district as well
as all other districts.
1. Primary wall and roof signs attached to or part of the arch-Aiectural design of a building shall not exceed
in total area.more than ten percent(10%)of the area of the dimensional elevation of the building as de-
termined by the building frontage multiplied by the floc or to ceiling height of the,individual business or
as in apt icable sections of the by-law.
2. One(1)sign,either attached or ground indicating only the name of the owner or occupant,street num-
ber and permitted uses or occupations engaged in thereon,not to exceed two(2)square feet in area.Such
sign may include identification of any accessory professional office, home occupation,or other acces-
sory uses permitted in a residence district. Ground signs shall be set back a minimum of ten (10) feet
from-"prol&M lines and a minimum of forty(40)feet from all residential districts or structures.
148 Torun of North Andover
3. One (1) sign oriented to each street on which the premises has access,either attached or ground, per-
taining to an apartment development or a permitted non-residential principal use of the premises, such
sign not to exceed ten(10)square feet in area.
4. One(1) unlighted contractor's sign,not exceeding twenty-five (25) square feet in area,maintained on
the premises while construction is in process and containing information relevant to the project.Such
sign shall be removed promptly after completion of the construction.
5. One(1)unlighted identification sign at each public entrance to a subdivision not exceeding twelve(12)
square feet in area;to be removed when the subdivision roadway is accepted by the Town.
6. Ground n hall be set back a miniMum of ten 10 feet from all prol2gLay lines d a minimumof
forty(40)feet-from all residential districts or stroctures.
7. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or to
products, accommodations, services or activities on the premises shall be allowed, except that an off-
premises directional sign,designating the route to an establishment not on the street to which the sign is
oriented,may be erected and maintained within the public right-of-way at any intersection if authorized
by the Board of Selectmen or on private property if granted a special permit by the Board if Appeals.
Such sign shall be authorized only upon the authorizing agency's determination that such sign will pro-
mote the public interest,will not endanger the public safety and will be of such size,location and design
as will not be detrimental to the neighborhood.At locations where directions to more than one(1)estab-
lishment are to be provided, all such directional information shall be incorporated into a single struc-
ture.All such directional signs shall be unlighted,and each shall be not over four(4)square feet in area.
B. Temporary Signs:Temporary signs shall be allowed as provided below,and provided that they comply
with the following:
(a) Unless otherwise specified in the Bylaw,temporary signs must comply with all applicable requirements
for permanent signs,including issuance of a sign permit.
1. Temporary signs,of not more than twelve (12)square feet in area,erected for a charitable or religious
cause; requires no sign permit and is to be removed within thirty (30)days of erection.The Building
Inspector shall maintain placement controls.
2. One(1)temporary unlighted real estate sign advertising the sale,rentall or lease of the premises or sub-
division on which it is erected to be not larger than six(6)square feet;requires no sign permit if the erecting
agent has obtained a one year permit for erecting such sign. (Such sign) to be removed fourteen (14)
days after sale,rental or lease.
3. One(1) temporary unlighted sign not larger than twenty-five (25) square feet indicating the name and
address of the parties involved in construction on the premises.
4. Temporary signs not meeting requirements for permanent signs may advertise sales,special events, or
changes in the nature of an operation,but shall not otherwise be used to advertise a continuing or regu-
larly recurring business operation and shall be removed promptly when the information they display is
out of date.The sign(s)must be removed within thirty 30 s of erection:
5. Temporary signs pertaining to a candidate or ballot question appearing on the ballot of an election duly
called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning dis-
tricts. Such signs permitted by this Bylaw:
(a) shall only be permitted on private property;
(b) shall not exceed six(6) square feet in area per sign and shall not exceed in aggregate twenty-four
(24) square feet in area per lot;
(c) shall not be higher than three(3)feet above ground level;
(d) shall be stationary and shall not be illuminated;
(e) shall be erected no sooner than thirty(30)days prior to the date of the election and shall be removed
within three(3)days after the election.
6. Unless otherwise specified in this Bylaw,temporary signs pertaining to other non-commercial issues shall
require no sign permit and shall be allowed in all zoning districts.Such signs shall be subject to the limi-
tations set forth in subsection(5) (a)-(e)above.
[996 Annual Town Report 149
7. Identification Signs or entrance markers for a church,or synagogue shall not exceed a combined total of thirty
(30)square feet and provided that there shall be no more than two(2)signs allowed on the premises.
8. Notwithstanding any other provisions of this Bylaw,signs may be erected for posting land;example,no
hunting,no trespassing,etc.
C. Residence Districts: Non-accessory Signs- Directional signs by Special Permit from the Board of
Selectmen, limited as follows:
1. Two(2) signs for each activity,not exceeding 6"00"in size.
2. Ground signs not exceeding eight(8)feet in height.
D. Business and Industrial Districts:Accessory
All signs permitted in residence districts as provided in Section 6.6(A)and 6.6(B), except that temporary
real estate signs may be as large as twenty-five(25)square feet.
Each owner,lessee,or tenant shall be allowed a primary and a secondary sign.Said sign may be used as ground,
wall,or roof signs.No lot shall be allowed to have more than one(1)ground sign structure.
1. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed
in total area,more than ten percent 10%)of the area of the dimensional elevation of the building as de-
termined g frontage multilied by the floor to ceiling height of the individual business or
as specified in applicable mtin of the -law,
2. One(1)temporary ground sign of not more than twenty-five(25)square feet in area and extending not
more than eight(8)feet above ground level.Larger or taller signs may be allowed by Special Permit of
the Board of Appeals, if said Board determines that the particular sign will not be incongruous with the
district in which it is to be located nor injurious to traffic and safety conditions therein.
3. For premises having multiple occupants,a single sign,either attached or ground.identifying those oc-
cupants. The total area of attached signs including this one,shall not exceed ten percent(10%)of wall
area, and the area of any freestanding sign allowed under this paragraph shall not exceed twenty-five
(25)square feet.
4. Temporary unlighted signs inside windows,occupying not more than twenty percent(20%)of the area
of the window requires no sign permit.
5. No sign shall project more than one(1)foot over any public right-of-way shall be covered by appropri-
ate liability insurance as determined by the Building Inspector and verified by a certificate of insurance
filed with the Town Clerk.
6. Service stations or garages may divide the allowed wall sign area into separate,smaller wall signs indi-
cating separate operations or departments.A freestanding identification sign of fifty(50)square feet with
price sign incorporated is allowed.
7. Building directories(if located outside)may be affixed to the exterior wall of a building at each public
entrance.Such directory shall not exceed an area determined on the basis of one(1)square foot for each
establishment occupying the building.
8. Traffic Control orientational and guidance signs located on private property,up to four(4)square feet in
area,displayed for purposes of direction or convenience,including signs identifying parking,fire lanes,
rest rooms,freight entrances and the like.
E. Shopping Centers
1. Signs are permitted in residence districts,except that temporary real estate signs may be as large as ten
(10)square feet.
2. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-
line,advertising the name of a firm or goods or services available on the premises,provided that the total
area of all signs erected on any wall by any occupant may not exceed twenty percent(20%) of the por-
50 Town of North Andover
tion of the wall area assigned to that occupant.In no case shall any occupant's sign total more than two
hundred(200)square feet facing any single street.
3. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand
(50,000) square feet floor area or more, one(1) ground sign for each street on which the development
fronts,containing the name or other identification of the area occupied by the complex.Each sign shall
be no larger than one hundred(100) square feet. Such sign shall not be located within ten(10)feet of
any property line or the line of any way,and no part of the sign shall be more than twenty(20)feet above
the ground level.
4. Temporary,unlighted signs,inside windows,occupying not more than fifty percent(50%)of the area of
the window requires no sign permit.
F. Office Parks
1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as ten
(10)square feet.
2. One(1) sign for each street upon which the premises has frontage,identifying a subdivision of lots for
office development.This sign shall be no greater than eight(8)feet in height and no larger than twenty
(20)square feet in area except where the property fronts on a high-speed,limited access highway,in which
case a special exception may be granted for a larger sign if required for legibility.
3. Signs for individual properties or tenants shall be limited to a single sign no larger than three(3)square
feet per tenant. Individual tenants must have Letter of Pernussion from property owner.The Board of
Appeals may grant a Special Permit for an exception for a larger area where this will not impair legibil-
ity of other signs or be incongruous with the surroundings,based upon consideration of the number of
occupants and signs per building,size of building and integration of sign and building design.
G. Industrial Districts
1. Signs as permitted in residence districts,except that temporary real estate signs may be as large as twenty-
five(25)square feet.
2. Signs attached flat against the wall or canopy of a building,or projecting not more than six(6)feet above
such wall,advertising the name of the firm or goods or services available or produced on the premises;
provided that the total area of all such sighs does not exceed twenty percent(20%)of the area of the side
of the building to which they are attached or two hundred(200) square feet,whichever is less.
3. One(1) rg ound sign,containing the name or other identification of the use on the property,for each street
on which the property fronts,each sign is limited to an area of one hundred(100)square feet.Such sign
shall not be located closer than forty(40)feet to any property line or twenty(20)feet above ground level.
H. Guidelines-The following are further means by which the objectives forsigns can be served. These
guidelines are not mandatory,but degree of compliance with them shall be considered by the Board of Se-
lectmen Planning Board.Zoning Board of Appeals in acting upon special permits authorized by the Zoning
Bylaws and by the Building Inspect in is ui a sign WrMit authori=d under this Section of the Zoning
B_laaw. [under this section as shall consistency with thebasic-sign objectivescited above. (remoye)l
Efficient Communication:
1. Signs should not display brand names, symbols or slogans of nationally distributed products except in
cases where the majority of the floor or lot on the premises is devoted t manufacture or sale or other pro-
cessing of that specific product.
2. Premises chiefly identified by a product name (such as a gasoline or auto brand) should devote some
part of their permitted sign area to also displaying the identity of the local outlet.
3. Signs should not contain selling slogans or other advertising which is not an integral part of the name or
other identification of the enterprise.
1996 Annual Town Report 151
4. Sign content normally should not occupy more than forty percent(40%)of the sign background,whether
a signboard or a building element.
5. Signs should be simple,neat and avoid distracting elements,so that contents can be quickly and easily read.
Environmental Relationship
1. Sign design should take into consideration the scale of the street to which the sign is oriented and the
size,brightness, style,height and colors of other signs in the vicinity.
2. Sign brightness should not be excessive in relation to background lighting levels,e.g.,averaging not in
excess of one hundred(100)foodamberts in the downtown or similarly bright areas and not in excess of
twenty(20)footlamberts in unlighted outlying areas.
Building Relationship
1. Signs should be sized and located so as to not interrupt obscure or hide the continuity of columns,cor-
nices,roof eaves,sill lines or other elements of building structure and where possible,should reflect and
emphasize building structural form.
2. Sign material,colors and lettering should be reflective of the character of the building to which the sign
relates,just as sign size should be related to building size.
3. Clutter should be avoided by not using support brackets extending above the sign or guy wires and tam buckles.
Landscaping,Buffering,Lighting
1. In Shopping Centers and Office Parks,landscaping shall be provided and maintained in accordance with
planting approved by the Planning Board and incorporated as part of the plans on which the Special Permit
of the Board of Appeals is based.
2. In all industrial districts,landscaping shall be provided and maintained in front yards and in side yards
abutting public ways for aesthetic reasons to break up lines of buildings and for screening accessory fa-
cilities under the requirements discussed below.Specifically,in all Industrial and Business Districts,land-
scape screening shall be provided adjacent to:
a. Abutting existing residential properties;and
b. Abutting limited access highways in addition to the landscaping in front and side yards mentioned above.
Landscape screening shall consist of planting,including evergreens,the plantings to be of such height
depth as is needed to screen adequately from view from abutting area any unshielded light source,
either inside or outside.
D.Robert Nicetta,Commissioner of Buildings
VOTED to adopt Article 21 as printed in the warrant,recognizing that text which is bracketed and underlined
with the word"removed"in parenthesis following it is text being removed from this by-law.
YES 180 NO 13
Voted May 7, 1996
152 Town of North Andover
ARTICLE 22—AMEND ZONING BYLAW.ADD NEW SECTION 8.8,ADULT USE ZONE.
To see if the Town will vote to amend the Zoning Bylaw by providing for regulations governing adult uses
as follows:
a.By adding the following definitions to Section 2 and renumbering the existing paragraphs as appropriate:
2.22.ADULT BOOKSTORE--An establishment having as a substantial or significant portion of its stock
in trade,books,magazines,and other matter which are distinguished or characterized by their emphasis
depicting,describing,or relating to sexual conduct or sexual excitement as defined in MGL Ch.272,Sec.
31.
2.23.ADULT CABARET—A nightclub,bar,restaurant,tavern,dance hall,or similar commercial estab-
lishment which regularly features persons or entertainers who appear in a state of nudity, or live perfor-
mances which are distinguished or characterized by nudity,sexual conduct or sexual excitement as defined
in MGL Ch.272,Sec. 31.
2.24,ADULT MOTION PICTURE THEATER—An enclosed building or any portion thereof used for pre-
senting material(motion picture films,video cassettes, cable television, slides or any other such visual
media)distinguished by an emphasis on matter depicting,describing,or relating to sexual conduct or sexual
excitement as defined in MGL Ch.272, Sec.31.
2.25.ADULT PARAPHERNALIA STORE--An establishment having as a substantial or significant por-
tion of its stock devices,objects,tools,or toys which are distinguished or characterized by their associa-
tion with sexual activity,including sexual conduct or sexual excitement as defined in MGL Ch.272,Sec.
31.
2.26.ADULT VIDEO STORE—An establishment having as a substantial or significant portion of its stock
in trade—for sale or rent--motion picture films,video cassettes, and similar audiovisual media, which
are distinguished or characterized by their emphasis depicting,describing,or relating to sexual conduct
or sexual excitement as defined in MGL Ch. 272,Sec. 31.
2.27 ADULT USE—Adult Bookstores,Adult Cabarets,Adult Motion Picture Theaters,Adult Parapher-
nalia Stores, and Adult Video Stores as defined in this Bylaw.
b. By adding the following section:
Section 8.8 Adult Use Zone
The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other
districts established by this Bylaw.The requirements enumerated for this Adult Use Zone shall be in ad-
dition to, rather than in place of, the requirements of the other districts.Adult uses may be allowed by
Special Permit in the Adult Use Zone,as described below.Adult uses shall be prohibited at any other lo-
cation in the Town.
The following regulation shall apply to Adult Uses as defined in Section 2 of this Bylaw.
I. Boundaries: Boundaries of the Adult Use Zone are shown on the Zoning Map and shall include the
following parcels as identified on the 1995 Assessor's Map:Map 34 Parcels 23,27,38,&40 and Map
77 Parcels 3, 12, 13, 14& 17.
II. Separation Distances:Adult uses may not be located:
a. within five hundred feet(500')feet of any Residential Zoning Districts or within 500 feet of any
church,school,park,playfield or other location where large numbers of minors regularly congregate.
1996 Annual Town Report 153
b. within five hundred feet(500')of any other adult use as defined herein;
c. within three hundred feet(300') of any establishment licensed under MGL Ch. 138,Sec. 12,
III. Maximum Usable Floor Area:With the exception of an adult cabaret or an adult motion picture the-
ater adult uses may not exceed three thousand five hundred(3,500)square feet of useable floor area.
IV. Parking Re m :The following parking requirements shall apply:
a. Parking shall be provided in the side or front yard only.
b. All parking areas shall be illuminated,and all lighting shall be contained on the property.
c. Parking areas shall be landscaped in conformance with the appropriate provisions of the zoning
by-law.
V. Sc_reening and buffering:At a minimum,a five(5)foot wide landscaped buffer shall be provided along
the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not
less than five(5)feet in height at the time of planting,or a solid fence not less than six(6)feet in height.
VI. All building openings,entries and windows shall be screened in such a manner as to prevent visual
access to the interior of the establishment by the public.
VII. No adult use shall be allowed to display for advertisement or other purpose any signs, placards or
other like materials to the general public on the exterior of the building or on the interior where the
same may be seen through glass or other like transparent material any sexually explicit figures or words
as defined in M.G.L.Sec. 31 Ch. 272.
VIII.A lication information:The application for a special permit for an adult use establishment must in-
clude the following information:
a. Name and address of the legal owner of the establishment,and of the legal owner of the property;
b. Name and address of all persons having lawful equity or security interests in the establishment;
c. Name and address of the manager;
d. Number of employees;
e. Proposed provisions for security within and without the establishment;
f. The physical layout of the interior of the establishment.
IX. SpecialPermit-Granting Authority:The Zoning Board of Appeals shall be the Special Permit Grant-
ing Authority.
X. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL
Ch. 119,Sec.63, or MGL Ch.272,Sec. 28.
XI. An adult use special permit shall only be issued following a public hearing held within sixty-five(65)
days after the filing of an application with the special permit granting authority,a copy of which shall
forthwith be given to the Town Clerk by the applicant.
XII. Special permits for adult uses shall be granted only upon the determination by the Special Permit
Granting Authority that the location and design of the facility are in harmony with its surroundings,
and that adequate safeguards exist through licensing or other means to assure on a continuing basis
that activities therein will not be patently contrary to prevailing standards of adults in the community
and will not involve minors in any way.
XIII.Any section of this by-law,or portion thereof,declared invalid shall not affect the validity or appli-
cation of the remainder of the by-law.
Planning Board
UNANIMOUSLY VOTED to adopt the Article 22 as printed in the warrant with the following amendments:
Amend Section 8.8 -"Adult Use Zone", Section I-"Boundaries",as follows:
- Delete parcel numbers"23","38",and"40
- Add map and parcel descriptions of the properties included within the Adult Use Zone as listed below:
154 Town of North Andover
Map 34 Parcel 27 Northerly 250'+/-by Holt Road
Easterly 340' +/-by Lot 2
Southerly 240'+/-by City of Lawrence Airport Comm.
Westerly 330' +/-by Lot 4;
Map 77 Parcel 13 Northerly 100' +/-by Holt Road
Easterly 370' +/-by Lot 4
Southerly 130'+/-by Parcel 3
Westerly 400'+/-by Clark Street;
Map 77 Parcel 14 Northerly 245' +/-by Holt Road
Easterly 330' +/-by Lot 3
Southerly 250'+/-by Parcel 3
Westerly 370'+/-by Lot 7;
Map 77 Parcel 3 Northerly 410' +/-by Lots 3,4 and 7
Easterly 250'+1-by City of Lawrence Airport Comm.
Southerly 465'+/-by City of Lawrence Airport Comm.
Westerly 460'+/-by Clark Street;
Map 77 Parcel 12 Northerly 410'+/-by Parcel 17
(3 sided lot) Easterly 270' +l-by Clerk Street
Southerly 285'+/-by City of Lawrence
Airport Comm.; and
Map 77 Parcel 17 Northerly 120'+/-by City of Lawrence Airport Comm.
Easterly 210' +/-by Clark Street
Southerly 410'+/-by Parcel 12
Westerly 590' +/-by City of Lawrence Airport Comm.
Voted May 7, 1996
ARTICLE 23—AUTHORIZATION FOR TAX INCREMENT FINANCING(TIF)PROPOSAL.
To see if the Town will vote to approve the Tax Increment Financing Plan and Agreement for Circuit Repair
on a parcel of land located off Turnpike Street and Willows Street,as part of a Tax Increment Financing Zone
which presents exceptional opportunities for increased economic development.Said Agreement shall be con-
sidered in return for a relocation of said business to the Town,the addition of new permanent full-time jobs
to the Commonwealth, and a subsequent increase in the assessed value of the property based on improve-
ments to said property by said business.Said Agreement will provide for an exemption of property taxes or
a percentage thereof based on said growth increment in assessed valuation of the property for a period of 5
years(no less that five,no more than twenty)according to the requirements of Massachusetts General Laws
Chapter 23A,Section 3E;Chapter 40,Section 49;and Chapter 59,Section 5 and pursuant to 751 CMR 11.04
(1)(b)and 402 CMR 2.18.A copy of said Agreement is on file with the Town Clerk.
Board of Selectmen
UNANIMOUS VOTE to take no action.
May 7, 1996
1996 Annual Town Report 155
ARTICLE 24—AMEND ZONING BYLAW-PLANNED RESIDENTIAL DEVELOPMENT SECTION 8.5.
To see if the Town will vote to amend the North Andover Zoning Bylaw,Section 8.5 with the following:
1. Delete R-3 from Section 8.5, Chapter 2 entitled Applicability:An application for a Planned Residential
Development Special Permit(PRD)shall be allowed for parcels of land in R-1, R-2 and R-3 Districts in
accordance with the standards set forth ...etc.
2. Delete Chapter 6-B#2 from Section 8.5 which states:The following principal uses are allowed in a Planned
Residential Development:Residential structures with up to five dwelling units per structure utilizes
common wall construction
3. Delete Chapter 6-C which states Dimensional Regulations for site plans for these multi-unit dwellings
described above.
4. Amend Chapter 6-D Dimensional Regulations: Subdivisions
Delete; Minimum Lot Size for R-I and R-2 to be 21,780 sq.ft.R-3 to be 12,500 sq.ft.
Insert:Minimum Lot Size for R-1 and R-2 to be 43,560 sq.ft.
Delete:Lot Frontage: 100ft.
Insert:Lot Frontage: 150ft.
Delete:All Setbacks: 30ft.
Insert:All Setbacks: 35ft.
Delete: Height limitation 30ft. and 2.5 stories
Insert:Height Limitation 35ft. and 3.0 stories
5. Delete Section 9.5, Chapter 6-D-1 which reads:The structure may be placed upon a side yard setback
provided that the adjacent lot to which the zero setback is located has the required side yard setback.
Citizens for Controlled Growth
VOTED BY MAJORITY to reject Article 24.
Voted May 7, 1996
ARTICLE 2-5--AMEND ZONING BYLAW-PLANNED RESIDENTIAL DEVELOPMENT,SECTION 8.5.
To see if the Town will vote to delete that portion of the North Andover Zoning B ylaw which allows for Planned
Residential Developments(PRD).
Citizens for Controlled Growth
VOTED to reject Article 25.
YES 34 NO 167
ARTICLE 26—ACCEPT BY DEED AND GIFT AN EASEMENT.
To see if the Town will vote to accept by deed and gift the easement creating a Conservation Restriction over
land on Great Pond Road described as follows:
A portion of the land located in North Andover,Essex County,Massachusetts known as Lot B 1
and shown on"Plan of land located in North Andover,Mass:'recorded in the North Essex Reg-
istry of Deeds as Plan No.8322 dated January 1, 1980 consisting of a strip of land thirty feet in
width and parallel to Great Pond Road along the Southeasterly side of the property approximately
95.25 feet in length running from Lot A to Lot 17(the Registered land)on said plan.
156 Town of North Andover
The deed of restriction being recorded with the North Essex Registry of Deeds in Book 4261 at Page 58.
Douglas J.Ely and Others
UNANIMOUSLY VOTED to adopt Article 26 as printed in the warrant.
Voted May 7, 1996
ARTICLE 27—AMEND ZONING MAP.
To see of the Town will vote to amend the Zoning Map by rezoning the property located at 651 Turnpike
Street(Route 114) from R-6 (Residential-6)to Commercial (Business-2). Such a change in zoning would
represent the zoning of the property at its highest and best use and reflect the best interests of public safety.
Linda Jalbert and Others
VOTED to rejectArticle 27.
YES 36 NO 109
Voted May 7, 1996
ARTICLE 28—AMEND ZONING MAP.
To see of the Town will vote to amend the Zoning Map by rezoning the property located at 643 Turnpike
Street(Route 114) from R-6(Residential-6) to Commercial (Business-2). Such a change in zoning would
represent the zoning of the property at its highest and best use and reflect the best interests of public safety.
Irving and Constance Lufkin and Others
UNANIMOUSLY VOTED to reject Article 28.
May 7, 1996.
ARTICLE 29—STREET ACCEPTANCE -BREWSTER STREET.
To see if the Town will vote to accept Brewster Street as a public way.Brewster Street,from Peters Street to
Cotuit Street,as shown on plans entitled"North Andover Hillside,North Andover,Essex Co.,Mass.;owned
by A.J.Landry.Formerly owned by Sarah E.Farnham."Dated December 1924.Prepared by Ernest W.Branch,
Civil Engineer, I I Adams Building,Quincy,MA,and recorded in the Essex North Registry of Deeds,as Plan
#597.The roadway is also shown on a plan entitled`Plan of Land in North Andover,Ma"dated October 3,
1984,and recorded in the Essex North Registry of Deeds,as Plan#9870.
W.Frank Gennarelli and Others
ARTICLE 29 DEFEATED -No unanimous vote under quorum rule.
Voted May 13, 1996
1996 Annual Sown Report 157
ARTICLE 30--tiSTREET ACCEPTANCE.JERAD PLACE ROAD.
To see if the Town will vote to accept the roadway as a public way,namely Jerad Place Road, from Station
0+0 to Station 6+46.89(edge of pavement on Candlestick Road) as shown on a plan of land entitled"De-
finitive Subdivision Plan of Jerad Place H, Prepared by Thomas E.Neve Associates, Inc.,497 Old Boston
Road,U.S.Route#1,Topsfield,Massachusetts,Prepared for Robert J,Janusz,40 Sunset Rock Road,Andover,
Massachusetts,dated November 19, 1986,revised to July 1, 1988", Sheets I-I I and recorded at the Essex
North Registry of Deeds as Plan No. 11216.
Jerad Place Road-Station 0+00.00 to Station 6+34.89-"Jerad Place"-Phase H
BEGINNING at a point on the Easterly sideline of an Existing Road known as Forest Street at the centerline
station of 0+00.00 of Jerad Place Road.
THENCE North 08 degrees 03 minutes 45 seconds West a distance of 43.59 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 85 degrees 35 minutes 41 seconds,
an arc length 29.88 feet and a chord which bears South 50 degrees 51 minutes 35 seconds East having a chord
distance of 27.18 feet to a point of tangency;
THENCE North 86 degrees 20 minutes 34 seconds East a distance of 20.43 feet to a point of curve;
THENCE along a curve to the right having a radius of 141.39 feet a delta of 19 degrees 30 minutes 00 sec-
onds,an are length 48.12 feet and a chord which bears South 83 degrees 54 minutes 26 seconds East having
a chord distance of 47.89 feet to a point of tangency;
THENCE South 74 degrees 09 minutes 26 seconds East a distance of 136.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 315.28 feet a delta of 20 degrees 00 minutes 00 sec-
onds, an arc length 110.05 feet and a chord which bears South 84 degrees 09 minutes 26 seconds East hav-
ing a chord distance of 109.49 feet to a point of tangency;
THENCE North 85 degrees 50 minutes 34 seconds East a distance of 285.36 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 85 degrees 11 minutes 10 seconds,
an arc length 29.74 feet and a chord which bears North 43 degrees 14 minutes 59 seconds East having a chord
distance of 27.07 feet to a point of reverse curve;
THENCE along a curve to the left having a radius of 516.22 feet a delta of 09 degrees 37 minutes 40 sec-
onds,an arc length 86.72 feet and a chord which bears South 04 degrees 10 minutes 19 seconds East having
a chord distance of 86.61 feet to a point of compound curve said curve being the Easterly end of the parcel
being described at station 6+34.89.
THENCE along a curve to the left having a radius of 20.00 feet a delta of 85 degrees 11 minutes 10 seconds,
an arc length 29.74 feet and a chord which bears North 51 degrees 33 minutes 51 seconds West having a
chord distance of 27.07 feet to a point of tangency;
THENCE South 85 degrees 50 minutes 34 seconds West a distance of 285.36 feet to a point of curve;
THENCE along a curve to the right having a radius of 365.28 feet a delta of 20 degrees 00 minutes 00 sec-
onds,an arc length 127.51 feet and a chord which bears North 84 degrees 09 minutes 26 seconds West hav-
ing a chord distance of 126.86 feet to a point of tangency;
58 Town of North Andover
THENCE North 74 degrees 09 minutes 26 seconds West a distance of 136.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 91.39 feet a delta of 19 degrees 30 minutes 00 seconds,
an arc length 31.11 feet and a chord which bears North 83 degrees 54 minutes 26 seconds West having a
chord distance of 30.95 feet to a point of tangency;
THENCE South 86 degrees 20 minutes 34 seconds West a distance of 17.36 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 83 degrees 49 minutes 39 seconds,
an arc length 29.26 feet and a chord which bears South 44 degrees 25 minutes 45 seconds West having a
chord distance of 26.72 feet;
THENCE North 02 degrees 30 minutes 55 seconds East a distance of 19.09 feet to a point;
THENCE North 08 degrees 03 minutes 45 seconds West a distance of 23.94 feet to the POINT OF BEGIN-
NING, and containing 32,037.49 square feet or 0.7355 acres of land,more or less.
PARCEL described is a 50'wide Right of way known as Jerad Place Road,station 0+00.00 to station 6+34.89,
and shown on an As-Built Subdivision Plan of"Jerad Place"-Phase H prepared By Thomas E.Neve Asso-
ciates,Inc. Dated March 5, 1996.
Robert J.Janusz and Others
UNANIMOUSLY VOTED to adopt article 30 as printed in the warrant.
Voted May 13, 1996
ARTICLE 31—STREET ACCEPTANCE.SUGARCANE LANE.
To see if the Town will vote to accept the roadway as a public way,namely Sugarcane Lane,from Station
0+0 to Station 9+83.57 as shown on a plan of land entitled "Definitive Subdivision Plan of Jerad Place II,
Prepared by Thomas E. Neve Associates, Inc., 497 Old Boston Road, U.S. #1, Topsfield, Massachusetts,
Prepared for Robert J. Janusz, 40 Sunset Rock Road,Andover, Massachusetts,dated November 19, 1986,
revised to July 1, 1988",Sheets 1-11 and recorded at the Essex North Registry of Deeds as Plan No. 11216.
Sugarcane Lane-Station 0+25.00 to Station 9+84.98-"Jerad Place" -Phase H
BEGINNING at a line on the Northerly end,at centerline station 0+25.00 and on the Southerly sideline of
Candlestick Road-Phase II
THENCE North 73 degrees 39 minutes 42 seconds East a distance of 45.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 90 degrees 00 minutes 00 seconds,
an arc length 31.42 feet and a chord which bears South 28 degrees 39 minutes 47 seconds West having a
chord distance of 28.28 feet to a point of tangency;
THENCE South 16 degrees 20 minutes 18 seconds East a distance of 225.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 157.36 feet a delta of 42 degrees 00 minutes 00 sec-
onds,an arc length 115.35 feet and a chord which bears South 37 degrees 20 minutes 18 seconds East hav-
ing a chord distance of 112.78 feet to a point of tangency;
1996 Annual Town Report 159
THENCE South 58 degrees 20 minutes 18 seconds East a distance of 225.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 128.32 feet a delta of 75 degrees 30 minutes 00 sec-
onds,an arc length 169.09 feet and a chord which bears South 20 degrees 35 minutes 18 seconds East hav-
ing a chord distance of 157.12 feet to a point of tangency;
THENCE South 17 degrees 09 minutes 42 seconds West a distance of 225.62 feet to a point;
THENCE North 60 degrees 31 minutes 49 seconds West a distance of 25.59 feet to the Southerly end of the
parcel being described at centerline station 9+84.98.
THENCE North 60 degrees 31 minutes 49 seconds West a distance of 25.59 feet to a point;
THENCE North 17 degrees 09 minutes 42 seconds East a distance of 214.71 feet to a point;
THENCE along a curve to the left having a radius of 78.32 feet a delta of 75 degrees 30 minutes 00 seconds,
an arc length 103.21 feet and a chord which bears North 20 degrees 35 minutes 18 seconds West having a
chord distance of 95.90 feet to a point of tangency;
THENCE North 58 degrees 20 minutes 18 seconds West a distance of 225.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 207.36 feet a delta of 42 degrees 00 minutes 00 sec-
onds,an arc length 152.00 feet and a chord which bears North 37 degrees 20 minutes 18 seconds West hav-
ing a chord distance of 148.62 feet to a point;
THENCE North 16 degrees 20 minutes 18 seconds West a distance of 225.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 90 degrees 00 minutes 00 seconds,
an arc length 31.42 feet and a chord which bears North 61 degrees 20 minutes 13 seconds West having a
chord distance of 28.28 feet to a point;
THENCE North 73 degrees 39 minutes 47 seconds East a distance of 45.00 feet to the POINT OF BEGIN-
NING, and containing 48,17094 square feet or 1.1059 acres of land, more or less.
PARCEL described is a 50'wide Right of way known as Sugarcane Lane,station 0+25.00 to station 9+84.98,
shown on an As-Built Subdivision Plan of"Jerad Place"-Phase II prepared By Thomas E.Neve Associates,
Inc.Dated March 5, 1996.
Robert J.Janusz and Others
UNANIMOUSLY VOTED to adopt article 31 as printed in the warrant.
Voted May 13, 1996
ARTICLE 32—STREET ACCEPTANCE.CANDLESTICK ROAD.
To see if the Town will vote to accept the roadway as a public way,namely Candlestick Road from Station
0+0 to Station 12+50.86 as shown on a Plan of Land entitled"Definitive Subdivision Plan of Jerad Place,
Prepared by Thomas E.Neve Associates,Inc.,497 Old Boston Road, U.S. Route#1,Topsfield,Massachu-
setts,Prepared for Robert J.Janusz,40 Sunset Rock Road,Andover Massachusetts,dated November 27, 1985,
Revised to May 20, 1986",Sheets 1-6 and recorded at the Essex North Registry of Deeds as Plan No. 10315.
160 Town of North Andover
Candlestick road- Station 0+00 to Station 12+60.86-Jerad-Phase I
BEGINNING at a point on the Southerly end at the centerline station of 0+00.00 of an existing way known
as Candlestick Road.
THENCE North 66 degrees 40 minutes 59 seconds East a distance of 18.16 feet to a point;
THENCE North 74 degrees 48 minutes 19 seconds East a distance of 6.90 feet to a point of curve;
THENCE along a curve to the left having a radius of 75.46 feet a delta of 65 degrees 00 minutes 00 seconds,
an are length 85.61 feet and a chord which bears South 54 degrees 50 minutes 18 seconds East having a chord
distance of 81.09 feet to a point of tangency;
THENCE South 87 degrees 20 minutes 18 seconds East a distance of 90.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 144.17 feet a delta of 71 degrees 00 minutes 00 sec-
onds,an arc length 178.65 feet and a chord which bears South 51 degrees 50 minutes 18 seconds East hav-
ing a chord distance of 167.43 feet to a point of tangency;
THENCE South 16 degrees 20 minutes 18 seconds East a distance of 445.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 125.00 feet a deltaa of 90 degrees 00 minutes 00 sec-
onds,an arc length 196.35 feet and a chord which bears South 28 degrees 39 minutes 42 seconds West hav-
ing a chord distance of 176.78 feet to a point of tangency;
THENCE South 73 degrees 39 minutes 42 seconds West a distance of 301.14 feet to a point of curve;
THENCE along a curve to the right having a radius of 60.00 feet a delta of 49 degrees 14 minutes 56 sec-
onds,an arc length 51.57 feet and a chord which bears North 16 degrees 20 minutes 18 seconds West having
a chord distance of 50.00 feet to a point said curve being the Southerly end of the parcel being described at
station 12+60.86.
THENCE North 73 degrees 39 minutes 42 seconds East a distance of 301.14 feet to a point of curve;
THENCE along a curve to the left having a radius of 75.00 feet a delta of 90 degrees 00 minutes 00 seconds,
an arc length 117.81 feet and a chord which bears North 28 degrees 39 minutes 42 seconds East having a
chord distance of 106.07 feet to a point of tangency;
THENCE North 16 degrees 20 minutes 18 seconds West a distance of 445.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 94.17 feet a delta of 71 degrees 00 minutes 00 seconds,
an arc length 116.69 feet and a chord which bears North 51 degrees 50 minutes 18 seconds West having a
chord distance of 109.36 feet to a point of tangency;
THENCE North 87 degrees 20 minutes 18 seconds West a distance of 90.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 125.46 feeet a delta of 65 degrees 00 minutes 00 sec-
onds, an arc length 142.33 feet and a chord which bears North 54 degrees 50 minutes 18 seconds West hav-
ing a chord distance of 134.82 feet to a point;
THENCE North 22 degrees 20 minutes 18 seconds West a distance of 0.12 feet to a point;
1996 Annual Town Report 161
THENCE North 66 degrees 40 minutes 59 seconds East a distance of 25.00 feet to the POINT OF BEGIN-
NING,and containing 62,950.64 square feet or 1.4451 acres of land, more or less.
PARCEL described is a 50' wide Right of Way known as Candlestick Road, Station 0+00.00 to Station
12+60.86,an extension of an existing way known as Candlestick Road and shown on an As-Built Subdivi-
sion Plan of"Jerad Place"-Phase I.Prepared by thomas E.Neve Associates, Inc.,Dated May 10, 1990,
Robert J.Janusz and Others
UNANIMOUSLY VOTED to adopt article 32 as printed in the warrant.
Voted May 13, 1996.
ARTICLE 33—STREET ACCEPTANCE.CANDLESTICK ROAD.
To see of the Town will vote to accept the roadway as a public way,namely Candlestick Road from Station
11+95 to Station 25+18.72 as shown on a plan of land entitled "Definitive Subdivision Plan of Jerad Place
1I,Prepared by Thomas E, Neve Associates, Inc., 497 Old Boston Road, U.S.Route#1, Topsfield,Massa-
chusetts,dated November 19, 1986,revised to July 1, 1988", Sheets 1-11 and recorded at the Essex North
Registry of Deeds as Plan No. 11216.
Candlestick Road-Station 12+60.86 to Station 25+18.72-"Jerad Place"-Phase II
BEGINNING on a curve on the Westerly end at the centerline station of 12+60.96 of Candlestick Road -
Phase I
THENCE along a curve to the left having a radius of 60.00 feet a delta of 49 degrees 14 minutes 55 seconds,
an arc length 51.57 feet and a chord which bears South 16 degrees 20 minutes 18 seconds East having a chord
distance of 50.00 feet to a point;
THENCE South 73 degrees 39 minutes 42 seconds West a distance of 90.00 feet to a point of curve;
THENCE along a curve to the right having a radius of 166.20 feet a delta of 39 degrees 00 minutes 00 sec-
onds,an arc length 113.13 feet and a chord which bears North 86 degrees 50 minutes 18 seconds West hav-
ing a chord distance of 110.95 feet to a point of tangency;
THENCE North 67 degrees 20 minutes 18 seconds West a distance of 75.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 142.46 feet a delta of 33 degrees 15 minutes 00 sec-
onds,an arc length 82.67 feet and a chord which bears North 83 degrees 57 minutes 48 seconds West having
a chord distance of 81.51 feet to a point of tangency;
THENCE South 79 degrees 24 minutes 42 seconds West a distance of 140.17 feet to a point of curve;
THENCE along a curve to the right having a radius of 130.05 feet a delta of 87 degrees 10 minutes 52 sec-
onds,an arc length 197.88 feet and a chord which bears North 56 degrees 59 minutes 52 seconds West hav-
ing a chord distance of 179.33 feet to a point of tangency;
THENCE North 13 degrees 24 minutes 26 seconds West a distance of 177.12 feet to a point on a curve;
THENCE along a curve to the right having a radius of 516.22 feet a delta of 04 degrees 26 minutes 10 sec-
onds,an are length 39.97 feet and a chord which bears North 11 degrees 09 minutes 09 seconds West having
a chord distance of 39.98 feet to a point on a curve;
162 Town of North Andover
THENCE along a curve to the right having a radius of 516.22 feet a delta of 09 degrees 37 minutes 40 sec-
onds,an arc length 86.72 feet and a chord which bears North 04 degrees 10 minutes 19 seconds West having
a chord distance of 86.61 feet to a point of compound curve said curve being at the Easterly end of Jerad
Place Road station 6+34.89.
THENCE along a curve to the right having a radius of 516.22 feet a delta of 04 degrees 26 minutes 10 sec-
onds,an arc length 3997 feet and a chord which bears North 02 degrees 52 minutes 29 seconds East having
a chord distance of 39.96 feet to a point of tangency;
THENCE North 05 degrees 05 minutes 34 seconds East a distance of 120.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 20.00 feet a delta of 82 degrees 49 minutes 09 seconds,
an arc length 28.91 feet and a chord which bears North 36 degrees 19 minutes 00 seconds West having a
chord distance of 26.46 feet to a point of reverse curve;
THENCE along a curve to the right having a radius of 60.00 feet a delta of 125 degrees 13 minutes 42 sec-
onds,an arc length 131.14 feet and a chord which bears North 15 degrees 06 minutes 44 seconds West hav-
ing a chord distance of 106.55 feet to a point of compound curve said curve is on the Northerly end of the
parcel being described at station 25+18.72.
THENCE along a curve to the right having a radius of 60.00 feet a delta of 137 degrees 35 minutes 28 sec-
onds, an are length 144.08 feet and a chord which bears South 63 degrees 42 minutes 10 seconds East hav-
ing a chord distance of 111.88 feet to a point of tangency;
THENCE South 05 degrees 05 minutes 34 seconds West a distance of 199.38 feet to a point of curve;
THENCE along a curve to the left having a radius of 466.22 feet a delta of 18 degrees 30 minutes 00 sec-
onds, an arc length 150.53 feet and a chord which bears South 04 degrees 09 minutes 26 seconds East hav-
ing a chord distance of 149.88 feet to a point of tangency;
THENCE South 13 degrees 24 minutes 26 seconds East a distance of 177.12 feet to a point of curve;
THENCE along a curve to the left having a radius of 80.05 feet a delta of 87 degrees 10 minutes 52 seconds,
an arc length 121.80 feet and a chord which bears South 56 degrees 59 minutes 52 seconds East having a
chord distance of 110.38 feet to a point of tangency;
THENCE North 79 degrees 24 minutes 42 seconds East a distance of 140.17 feet to a paint of curve;
THENCE along a curve to the right having a radius of 192.46 feet a delta of 33 degrees 15 minutes 00 sec-
onds, an arc length 111.69 feet and a chord which bears South 83 degrees 57 minutes 48 seconds East hav-
ing a chord distance of 110.13 feet to a point of tangency;
THENCE South 67 degrees 20 minutes 18 seconds East a distance of 75.00 feet to a point of curve;
THENCE along a curve to the left having a radius of 116.20 feet a delta of 39 degrees 00 minutes 00 sec-
onds,an arc length 79.09 feet and a chord which bears South 86 degrees 50 minutes 18 seconds East having
a chord distance of 77.57 feet to a point of tangency;
THENCE North 73 degrees 39 minutes 42 seconds East a distance of 90.00 feet to the POINT OF BEGIN-
NING, and containing 68,642.66 square feet or 1.5758 acres of land,more or less.
1996 Annual Town Report 163
PARCEL described is a 50' wide Right of way known as Candlestick Road, station 12+60.86 to station
25+18.72,an extension of Candlestick Road-Phase I and shown on an As-Built Subdivision Plan of"Jerad
Place"-Phase II prepared by Thomas E.Neve Associates,Inc.Dated March 5, 1996.
Robert J.Janusz and Others
UNANIMOUSLY VOTED to adopt article 33 as printed in the warrant.
Voted May 13, 1996
ARTICLE 3"EWER EXTENSION-SALEM STREET.
To see if the Town will vote to raise and appropriate the sum of$90,000.00 to be expended under the direc-
tion of the Division of Public Works for the purposes of designing a sewer extension on Salem Street and
adjacent roadways located in the area between Marbleridge Road and Summer Street.The funds will also
be used for the purpose of preparing and submitting the information required to obtain project listing in the
State Revolving Loan Fund Program.
Nancy Crisostamo and Others
UNANIMOUSLY VOTED to take no action on Article 34.
Voted May 13, 1996
ARTICLE 35—STREET ACCEPTANCE - PORTIONS OF BLUE RIDGE ROAD AND SOUTH
BRADFORD STREET AND LANCASTER ROAD.
To see if the Town will vote to accept the roadways as public ways, namely Blue Ridge Road from Salem
Street to station number 42+0 but excluding, however, that portion of Blue Ridge Road from its intersec-
tion with South Bradford Street to Station 36+0;Lancaster Road and South Bradford Street from Blue Ridge
Road to Coventry Lane;all as shown on a plan entitled"Coventry Estates-Phase 11"prepared by Beta Inter-
national,Inc.,Consulting Engineers,197 Portland Street,Boston,Mass.prepared for Coventry Development
Corp.,Lindberg Avenue,Methuen,Mass.dated July 1986,revised: July 1987 and recorded at Essex North
Registry of Deeds as Plan#10883.
Said acceptance is conditional and shall not be effective,however,until deeds of the fee by gift or grant in a
form acceptable to the Board of Selectmen in the named roadways have been signed by all of the owners of
the roadways involved and presented to the Selectmen for approval and recording by the petitioners at the
North Essex Registry of Deeds.
John J.Willis,Jr.
UNANIMOUSLY VOTED to reject Article 35.
Voted May 13, 1996
ARTICLE 36—ACQUISITION OF EASEMENTS Charles A. &Susan S. Papalia.
To see if the Town will vote to authorize the Board of Selectmen to acquire from Charles A.&Susan S.Papalia
by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying,
constructing, operating, maintaining, removing,replacing or abandoning in place and controlling a sewer,
in along, and upon the area which is a portion of parcel 26 on assessors map 37A (hereinafter "easement
premises")as shown on a plan entitled;
164 Town of North Andover
"Easement Plan of Land in North Andover,MA.",owner:Charles A. &Susan S.Papalia,dated:
March 5, 1996, Bay Colony Group,Inc.,Four School Street,Foxborough,MA, to be recorded
herewith,bounded and described according to said plan,as follows:
Beginning at a point on the westerly side of Coachman's Lane, North Andover, Essex County,Massachu-
setts,a distance of 20.67 feet from the northeasterly corner of land of Charles A. &Susan S.Papalia;thence
S 47°-29'-00"W a distance of two hundred seventy nine and 06/100 feet(279.06')to a point in a stone wall;
thence;
N 83°-30'-30"W along the wall a distance of twenty six and 50/100 feet(26.50')to a point;thence;
N 47-29'-00"E a distance of two hundred ninety one and 261100 feet(291.26')to point at the westerly side
of Coachman's Lane;thence;
Southeasterly and curving to the left along the are of a curve having a radius of two hundred one and 53/100
feet(201.53'), a distance of twenty and 67/100 feet(20.67 )to the point of beginning.
The Town further authorizes the Board of Selectmen to acquire from Charles A.&Susan S.Papalia by gift,
grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of con-
structing,installing,repairing and maintaining all sewer facilities located in,along and upon the area which
is a portion of parcel 26 on assessors map 37A(hereinafter"temporary easement premises"), bounded and
described,according to said plan, as follows:
Beginning at a point on the westerly side of Coachman's Lane, North Andover,Essex County,Massachu-
setts, a distance of 20.67 feet from the northeasterly corner of land of Charles A. &Susan S.Papalia;
thence;
S 47°-29'-00"W a distance of two hundred ninety one and 26/100 feet(291.26')to a point in a stone wall;
thence;
N 83°-30'-30"W along the wall a distance of fifty two and 99/100 feet(52.99')to a point;thence;
N 47-29'-00"E a distance of three hundred twenty one and 95/100 feet (321.95')to point at he westerly
side of Coachman's Lane;thence;
Southeasterly and curving to the left along the arc of a curve having a radius of two undred one and 53/100
feet (201.53'), a distance of forty and 271100 feet(20.27")to the point of beginning.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Pema,Director,Division of Public Works
ARTICLE 36 DEFEATED-No Unanimous Vote-Quorum Rule.
Voted May 13, 1996
1996 Annual Town Report 165
ARTICLE 37--ACQUISITION OF EASEMENTS Adam R. Oates.
To see if the Town will vote to authorize the Board of Selectmen to acquire from Adam R. Oates by gift,
grant,purchase,eminent domain or otherwise a perpetual easement for the purposes of surveying,constructing,
operating,maintaining, removing, replacing or abandoning in place and controlling a sewer,in along, and
upon the area which is a portion of Parcel 136 assessors map 64(hereinafter"easement premises")as shown
on a plan entitled;
"Easement Plan of Land in North Andover,MA",owner:Adam R.Oates,dated:March 5, 1996,
Bay Colony Group,Inc.,Four School Street,Foxborough,MA.,to be recorded herewith bounded
and described, according to said plan,as follows:
Beginning at a point on the easterly side of Carriage Chase Road,North Andover,Essex County,Massachu-
setts at a point on a stone wall at the comer of land of Adam R. Oates;thence
S 75°-03'-50"E along the wall a distance of forty eight and 16/100 feet(48.16')to a point;thence
S 88°-58'-06"E along the wall a distance of forty one and 82/100 feet (41.82')to a point;thence
N 850-11'-48"E along the wall a distance of eighty five and 16/100 feet(85.16')to a point;thence
N 76°-07'-21"E along the wall a distance of one hundred thirty and 86/100 feet(130.86')to a point;thence
S 16°-52'-45"W a distance of one hundred seven and 99/100 feet(107.99')to a point; thence
N 83°-36-42"W a distance of one hundred twenty five and 00/100 feet(125.00')to a point;thence
S 87°-07'-04"W a distance of sixty three and 87/100 feet(63.87')to a point of curvature;thence
Northwesterly and curving to the right along the arc of a curve having a radius of three hundred twelve and
06/100 feet(312.06'), a length of fifty nine and 14/100 feet(59.14')to the point of beginning.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director, Division of Public Works
UNANIMOUSLY VOTED to adopt Article 37 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 38—ACQUISITION OF EASEMENTS Old North Andover Realty Trust.
To see if the Town will vote to authorize the Board of Selectmen to acquire from Old North Andover Realty
Trust by gift, grant,purchase, eminent domain or otherwise a perpetual easement for the purposes of sur-
veying,constructing,operating,maintaining,removing,replacing or abandoning in place and controlling a
sewer,in along,and upon the area which is a portion of parcel 29 on assessors map 37A(hereinafter"ease-
ment premises")as shown on a plan entitled;
"Plan of Land in North Andover,MA., owner: Old North Andover Realty Trust,dated:March
5, 1996, Bay Colony Group, Inc., Four School Street, Foxborough,MA., to be recorded here-
with,bounded and described according to said plan,as follows:
166 Town of North Andover
Beginning at a point on a stone wall at the southerly side of Coachman's Lane,North Andover,Essex County,
Massachusetts, said point being southwesterly along the are of a curve eighty one and 82/100 feet(81.82')
from the point of curvature;thence;
S 78°-38'-15"E a distance of twenty and 00/100 feet(20.00')to a point;thence
S 11°-21'45"W a distance of forty and 00/100 feet(40.00')to a point,thence;
N 78°-38'-15"W a distance of twenty and 00/100(20.00')to a point at the easterly line of Coachman's Lane;
thence;
Northeasterly and curving to the left along the arc of a curve having a radius of four hundred fifty one and
54/100 feet(451.54 ), a length of forty and 011100 feet(40.01')to the point of beginning.
Furthermore,the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 38 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 39—ACQUISITION OF EASEMENTS Stewart M. Gutoff and Taryn M. Gutoff.
To see if the Town will vote to authorize the Board of Selectmen to acquire from Stewart M.Gutoff and Taryn
M.Gutoff,by gift,grant,purchase,eminent domain or otherwise a perpetual easement for the purposes of
surveying,constructing,operating,maintaining,removing,replacing or abandoning in place and controlling
a sewer,in along,and upon the area which is a portion of Lot 28 Stage Coach Road(hereinafter"easement
premises")as shown on a plan entitled;
"Definitive Subdivision Plan of the Pines Located in North Andover,Massachusetts,Owner and
Applicant: Tuttle- Simon-Tymvakeiwicz Subdivision Appleton Street,North Andover,Mas-
sachusetts,Thomas E.Neve Associates,Inc.,Date:May 7, 1984,revised November 14, 1984,"
which plan is recorded with the Essex North District Registry of Deeds as Plan No.9664.Said
easement area is shown as"Utility Easement 40'Wide" on said plan.
The address of the premises is 28 Stage Coach Road,North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 39 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
1996 Annual Town Report 167
ARTICLE 40—ACQUISITION OF EASEMENTS David L. Trombino and Judith W. Trombino.
To see if the Town will vote to acquire from David L.Trombino and Judith W.Trombino by gift,grant,pur-
chase,eminent domain or otherwise a perpetual easement for the purposes of surveying,constructing,oper-
ating,maintaining,removing,replacing or abandoning in place and controlling a sewer, in along,and upon
the area which is a portion of Lot 29A Stage Coach Road(hereinafter"easement premises")as shown on a
plan entitled;
"Plan of Land in North Andover,Massachusetts,Showing Lot Line Changes Prepared For David
L.Trombino and John Thiffault,Date:December 29,1988,"Deeds as Plan No.11484.Said ease-
ment area is shown as"Utility Easement 40'wide"on said plan.
The address of the premises is 44 Stage Coach Road,North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate,transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna, Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 40 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 41—ACQUISITION OF EASEMENTS Hope P. Woodward
To see if the Town will vote to authorize the Board of Selectmen to acquire from Hope P.Woodward by gift,
grant,purchase,eminent domain or otherwise a perpetual easement for the purposes of surveying,constructing,
operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in along, and
upon the area which is a portion of Lot 30A Stage Coach Road(hereinafter"easement premises")as shown
on a plan entitled;
"Plan of Land in North Andover,Massachusetts,Showing Lot Line Changes Prepared For David
L.Trombino and John Thiffault,Date:December 29, 1988,"Deeds as Plan No. 11484.Said ease-
ment area is shown as "Utility Easement Variable Widths"on said plan.
The address of the premises is 56 Stage Coach Road, North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director, Division of Public Works
UNANIMOUSLY VOTED to adopt Article 41 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 42—ACQUISITION OF EASEMENTS David S.Bushy and Lisa P.Bushy.
To see if the Town will vote to authorize the Board of Selectmen to acquire from David S.Bushy and Lisa P.
Bushy by gift,grant,purchase,eminent domain or otherwise a perpetual easement for the purposes of sur-
veying,constructing,operating,maintaining,removing,replacing or abandoning in place and controlling a
168 Town of North Andover
sewer, in along, and upon the area which is a portion of Lot 31 Stage Coach Road(hereinafter"easement
premises")as shown on a plan entitled;
"Definitive Subdivision Plan of the Pates Located in North Andover,Massachusetts,Owner and
Applicant: Tuttle- Simon-Tymvakeiwicz Subdivision Appleton Street, North Andover, Mas-
sachusetts,Thomas E.Neve Associates,Inc.,Date:May 7, 1984,revised November 14, 1984,"
,which plan is recorded with the Essex North District Registry of Deeds as Plan No.9664.Said
easement area is shown as"Utility Easement 20'Wide"on said plan.
The address of the premises is 72 Stage Coach Road,North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 42 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 43—ACQUISITION OF EASEMENTS George H.Ellison Jr.and Donna M.Edison.
To see if the Town will vote to authorize the Board of Selectmen to acquire from George H.Ellison Jr. and
Donna M. Ellison by gift, grant,purchase, eminent domain or otherwise a perpetual easement for the pur-
poses of surveying, constructing,operating, maintaining, removing, replacing or abandoning in place and
controlling a sewer,in along,and upon the area which is a portion of Lot 32 Stage Coach Road(hereinafter
"easement premises")as shown on a plan entitled;
"Definitive Subdivision Plan of the Pines Located in North Andover,Massachusetts,Owner and
Applicant: Tuttle- Simon - Tymvakeiwicz Subdivision Appleton Street, North Andover, Mas-
sachusetts,Thomas E.Neve Associates,Inc.,Date:May 7, 1984,revised November 14, 1984,"
,which plan is recorded with the Essex North District Registry of Deeds as Plan No.9664.Said
easement area is shown as"Utility Easement 20'Wide"on said plan.
The address of the premises is 86 Stage Coach Road,North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna,Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 43 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 44—ACQUISITION OF EASEMENTS Francoise Hanley,
To see if the Town will vote to authorize the Board of Selectmen to acquire from Francoise Hanley by gift,
grant,purchase,eminent domain or otherwise a perpetual easement for the purposes of surveying,constructing,
operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in along,and
1996 Annual Town Report 169
upon the area which is a portion of Lot 33 Stage Coach Road(hereinafter"easement premises")as shown
on a plan entitled;
"Definitive Subdivision Plan of the Pines Located in North Andover,Massachusetts,Owner and
Applicant: Tuttle-Simon-Tymvakeiwicz Subdivision Appleton Street, North Andover,Mas-
sachusetts,Thomas E.Neve Associates,Inc.,Date:May 7, 1984,revised November 14, 1984,"
which plan is recorded with the Essex North District Registry of Deeds as Plan No.9664.Said
easement area is shown as a triangular area starting at a drill hole set in the southwesterly corner
of said Lot 33,then running N 52"-32'-39"E a distance of 20.06',then turning and running S
32°-52'-30"E a distance of 16.58',then turning and running N 86°-02'-26"W a distance of 24.99'
to the point of beginning, on said plan.
The address of the premises is 96 Stage Coach Road,North Andover,Massachusetts.
Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate,transfer from available
funds,or borrow an appropriate sum of money for said acquisitions;or take any other action relative thereto.
George Perna, Director,Division of Public Works
UNANIMOUSLY VOTED to adopt Article 44 as printed in the warrant,excluding the last paragraph which re-
lates to the appropriation of funds.
Voted May 13, 1996
ARTICLE 45—AMEND TOWN CODE.
To see if the Town will vote to amend the North Andover Town Code by replacing Chapter 122 with the fol-
lowing:
Section 1.Definition
The terms "Hawker"and "Peddler" as defined in M.G.L. Chapter 101,Section 13, shall mean and include
any person, either principal or agent,who goes from town to town or from place to place in the same town
selling or bartering or carrying for sale or barter or exposing thereof, any goods,wares or merchandise, ei-
ther on foot,on or from any animal or vehicle.
Section 2.Registration/Fees
l. No person shall hawk,peddle or barter any goods or merchandise within the limits of the Town of North
Andover, except as authorized by law, and except in accordance with the provisions of this bylaw and
without first obtaining a State License to do so from the Commonwealth of Massachusetts pursuant to
M.G.L.Chapter 101 or a Town License from the Board of Selectmen upon payment of a license fee.Said
fee to be in conformity with Chapter 101 of the Massachusetts General Laws.This license requirement
shall not apply to any resident of the Town who sells fruits or vegetables or flowers raised or produced
by himself or his family.
2. No peddler shall be granted a Town Peddlers License until a State Peddler's License has been secured
and a copy submitted with the application to the Town.
3. Every Town License issued shall contain the name,residential address and a business address of the lic-
ensee;the location of the site(s)where the sales will be conducted;a description of the goods,wares or
merchandise being sold;the name and residential addresses of any person who will be assisting the lic-
ensee with conducting business at the site(s); and if applicable, the vehicle identification number and
description of any vehicles used by the licensee in conducting business at the site(s).
170 Town of North Andover
4. Any Town License issued under this bylaw may not be transferred or assigned to any other person, or
used by any person other than the person to whom it had been issued.
5. The fee for a Town License is$100.
6. Fees may be waived by the Board of Selectmen for non-profit organizations who comply with these regu-
lations.
Section 3.Registration Cards/Badge
1. Every hawker and peddler licensed by the Board of Selectmen shall be assigned a number and shall be
provided,by the Board of Selectmen,with a badge which shall be conspicuously warn by him/her.
Section 4. Exceptions
This bylaw shall not apply to a person engaged in pursuit of agriculture who peddles fruits and vegetables.
Section 5.Investigation
A. Upon receipt of an application for a Town License by the Board of Selectmen the original shall be for-
warded to the Chief of Police or his representative,who shall cause an investigation of the applicant to
determine the following:
1. Whether any fraud,misrepresentation,or false statements have been made in the application for permit.
2. Whether the applicant has been convicted of any crime or misdemeanor involving moral turpitude.
B. If as a result of such an investigation,the Chief of Police or his representative,shall find that either item
(1)or(2)above,on such application is found to be in the affirmative,he shall endorse on such applica-
tion his disapproval and reasons therefor.
Section 6.Duties of Hawkers and Peddlers
1. It is the responsibility of the license holder to inform all sellers working under his/her license of the rules
and regulations pertaining to this license and must insure they are in compliance.
2. A copy of a current business certificate or Articles of Organization must be submitted with Town Li-
cense application.
3, A State Hawkers and Peddlers License must be obtained from the State.
4. Licenses must be displayed in a conspicuous place and manner at the sale's site.
5. No person hawking,peddling or carrying or exposing any article for sale shall cry his wares to the dis-
turbance of the peace and comfort of the inhabitants of the Town, no shall he carry or convey such ar-
ticles(in a manner that will tend to injure or disturb the public health or comfort)otherwise than in vehicles
and receptacles which are neat and clean and do not leak.
6. Any area used by a hawker or peddler must be cleared of all debris and left in the condition in which it
was prior to the selling of their wares/goods.
Section 7.Restrictions
1. A maximum of four(4)sellers will be allowed per Town License.Each seller's name must appear on the
license and they must carry a copy of said license when selling.
2. No peddler may sell or display wares within five hundred(500)feet of a store selling similar wares.
3. No hawker or peddler shall sell or offer for sale any goods, wares or merchandise on any street of the
Town within five hundred(500) feet of any public school or the grounds thereof on days when public
schools are in session.
4. No hawker or peddler shall sell or offer for sale any goods, wares or merchandise within five hundred
(500)feet of the Town beach.
1996 Annual Town Report 171
5. When a street or streets are closed to vehicular traffic within the town for the purpose of a parade,no
hawker or peddler may conduct business within the curblines of said streets during the hours the streets
are closed.
6. The Chief of Police,or his agents any restrict sales in any location within the Town that is determined to
be a safety hazard to pedestrians or vehicular traffic.
7. No push cart or mobile vendor is permitted to be parked in Town without a duly licensed operator in
attendance.
8. No hawker or peddler shall expose for We any foods,beverages, fruits, vegetables,fish, meats, dairy
products,ice cream,frozen desserts or confections until the vehicle or receptacle has been inspected and
approved by the Board of Health.Vehicles utilized for the selling of frozen desserts or confections must
have installed on said vehicle an amber flashing light visible from the front and rear of the vehicle and
such light must be flashing when the vehicle is stopped for the purpose of transacting business.
Section 8.Revocation of Licenses
Failure to comply with this bylaw may result in suspension or revocation of Town Licenses and/or permits
granted hereunder.
Section 9.Molations/Penalty
Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of three
hundred($300)dollars,and each day a violation occurs shall be considered a separate offense.This penalty
may be enforced under the provisions of the non-criminal disposition provisions contained in Article 1,Sec-
tion 4.0 of the Town's General Bylaws.
Any licensee who fails,neglects or refuses to exhibit his license when the same is demanded of him by any
person shall be subject to the same penalty as if he had no license.
Section 10.Severability
Invalidity of any individual provision of this bylaw shall not affect the validity of the bylaw as a whole.
Section 11.Expiration
Town Licenses will expire on April 30th.following the date of issuance,unless sooner revoked.
Section 12.Parades
Any hawkers or peddlers selling goods,wares,and merchandise in conjunction with or in the vicinity of any
parade,including,without limitation the Fourth of July Parade,in the Town of North Andover,shall be sub-
ject to the following restrictions:
1. Hawkers and peddlers shall at all times remain a distance of at least thirty(30)feet from the center-line
of the street or roadway of the parade route.
2. No explosive devices such as Hand thrown Caps or similar products capable of making explosive noises
shall be sold.
3. All hawkers and peddlers shall display their license number in a conspicuous manner at all times.
4. All hawkers and peddlers shall make any goods, wares or merchandise, which they offer or intend to
offer for sale,available for inspection by the Police or Fire Chiefs or their designees.
172 Town of North Andover
Section 13. Enforcement
The Enforcement Agent for the purpose of this bylaw shall be the Chief of Police or his designee.
UNANIMOUSLY VOTED that the Town amend the North Andover Town Code by adding three new sections
to Chapter 122,as follows:
Section 122-2. Parades
Any hawkers or peddlers selling goods,wares,and merchandise in conjunction with or in the vicinity of any
parade,including,without limitation the Fourth of July Parade,in the Town of North Andover,shall be sub-
ject to the following restrictions:
1. Hawkers and peddlers shall at all times remain a distance of at least thirty(30)feet from the center-line
of the street or roadway of the parade route.
2. No explosive devices such as Hand thrown Caps or similar products capable of making explosive noises
shall be sold.
3. All hawkers and peddlers shall display their license number in a conspicuous manner at all times.
4. All hawkers and peddlers shall make any goods, wares or merchandise, which they offer or intend to
offer for sale, available for inspection by the Police or Fire Chiefs or their designees.
Section 122-3. Enforcement
The Enforcement Agent for the purpose of this bylaw shall be the Chief of Police or his designee.
Section 122-4. Violations/Penalty
Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of three
hundred($300)dollars,and each day a violation occurs shall be considered a separate offense.This penalty
may be enforced under the provisions of the non-criminal disposition provisions contained in Article 1,Sec-
tion 4.0 of the Town's General Bylaws.
Voted May 13, 1996
ATTEST:A TRUE COPY JOYCE A.BRADSHAW,TOWN CLERK
1996 Annual Town Report 173