HomeMy WebLinkAboutAnnual Town Minutes 05142024 - Final
M AY 14, 2024, A NNUAL T OWN M EETING M INUTES
Town Moderator, Mark S. DiSalvo, called the 2024 Annual Town Meeting to order at 6:33 PM in
the Auditorium at North Andover High School, 430 Osgood Street on Tuesday, May 14, 2024. To
accommodate apprehensive voters with continuing COVID concerns, there was a “masks
mandatory” section in the auditorium. Wi-Fi and closed captioning were also made available to
attendees of the meeting.
Voter check-in occurred in the main corridor of the High School. Checklists were used in electronic
form with the aid of PollPad computing devices. One thousand two hundred and sixty-two voters
(1,262) were admitted to the meeting.
Moderator DiSalvo welcomed all to the 2024 Annual Town Meeting, first established in 1646.
This year is the 378th anniversary of the founding of North Andover. Each year, DiSalvo highlights
a contributing and deserving person or group from the community who earns notice and applause.
Jennifer Fresen, Lyne Savage, and Jeff Coco were recognized for their accomplishments working
behind the scenes at Town Meetings. They led the Pledge of Allegiance. Moderator DiSalvo asked
that Atty. John Fouhy serve as Deputy Moderator for the overflow of voters in the cafeteria and
Bryan Hanssen served as Deputy Moderator for the overflow of voters in the field house.
At 6:52 p.m. the internet service that served the high school was disrupted, interrupting two-way
communications to at least one of the satellite rooms. Moderator DiSalvo immediately suspended
the proceedings, explaining that all voters needed to have unfettered access to see, hear, and
participate in the meeting. Citizens patiently endured the pause and received frequent updates
from the Moderator. Technology staff and volunteers directly addressed the matter, diligently
establishing a work-around that afforded complete video, sound, and participatory opportunity for
all citizens in the satellite rooms. The meeting resumed at 7:44 p.m.
UNANIMOUS VOTE to dispense with the reading of the warrant, and with the reading of the
constable’s return of service of that warrant and further moved that the Moderator not be required
to read articles of the warrant verbatim, but to be allowed to refer to articles by number and by
subject matter; and further that motion or amendments need not be read but are to be voted upon
as shown, published, or otherwise provided, in print, to the voters in attendance. The motion was
made by Laura Bates, Chair of the Select Board, and the motion was seconded.
Vote Required: Majority vote
Articles 1 – 4 and 6 were acted upon under a unanimous consent agenda motion.
Vote Required: Two-thirds (2/3) vote
Article 1: Reports of Receipts and Expenditures. UNANIMOUS VOTE to accept the reports
of receipts and expenditures as presented by the Select Board in the 2023 Annual Town Report,
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 2: Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Years. UNANIMOUS VOTE in accordance with the provisions
of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the
Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms
exceeding three years, including any renewal, extension or option, provided in each instance the
longer term is determined to be in the best interest of the Town by vote of at least four (4) members
of the Select Board or the School Committee, as appropriate,
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 3: Authorization to Accept Grants of Easements. UNANIMOUS VOTE to authorize
the Select Board to accept grants of easements for access, water, drainage, sewer, roadway and
utility purposes or any public purpose on terms and conditions the Board deems in the best interest
of the Town,
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 4: Authorization to Grant Easements. UNANIMOUS VOTE to authorize the Select
Board to grant easements for access, water, drainage, sewer, roadway and utility purposes or any
public purpose on terms and conditions the Board deems in the best interest of the Town.
Select Board
Vote Required: Two-thirds (2/3) vote
Article 6: Amend General Bylaw Article V- Tree Warden UNANIMOUS VOTE to amend
the General Bylaws Article V- Tree Warden by deleting the bylaw in its entirety.
Article V: Tree Warden
§ 35-8 Appointment; duties.
In accordance with Chapter 41, § 106, of the Massachusetts General Law,\[1\] the Tree Warden
shall be appointed by the Board of Selectmen to a three-year term, and the person appointed shall
serve as the Town's Superintendent of Insect Pest Control.
Editor's Note: MGL c. 41, § 106, was accepted by the Town 6-16-2020 ATM by Art. 7.
§ 35-9 Job description.
1
The job description of the Tree Warden and Superintendent of Inspect Pest Control shall be
established by the Personnel Board through its Classification and Pay Plan
Or take any other action relative thereto.
Town Manager
Vote Required: Majority
Articles 12, 14, 15, 18, and 19 were acted upon under a unanimous consent agenda motion.
Vote Required: Majority vote
Article 12: Revolving Fund Spending Limits. UNANIMOUS VOTE to authorize the
following expenditure limits for revolving funds for certain Town departments under
Massachusetts General Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2024, or
take any other action related thereto:
Revolving Account FY2025
Expenditure
Limit
Wheelabrator Planning $ 35,000
Wheelabrator Public Safety $ 35,000
Health Dept. - Food Inspections $ 35,000
Health Dept. - Septic Inspections $ 35,000
Field Maintenance $ 5,000
Health Dept. Revolving $ 35,000
Youth and Recreation Services Revolving $ 565,000
Elder Services - COA Revolving $ 25,000
School Curriculum $ 100,000
Fire Department $ 20,000
Tax Title Revolving Fund $ 100,000
Stevens Estate Revolving $ 135,122
Vehicle Replacement - Town -wide $ 75,000
Tailings - Vendor Checks Revolving $ 100,000
Tailings - Payroll Checks Revolving $ 100,000
Ambulance CPE - Fire $ 400,000
Building Inspection - Multi Family Fees $ 150,000
Opioid Settlement Fund $ 198,747
Storm water Bylaw $ 50,000
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
2
Article 14: Appropriation – Water Enterprise Fund for Fiscal Year 2025. UNANIMOUS
VOTE to appropriate the amount of $7,339,669 in aggregate, for the purpose listed under
column "FY25 Recommendation: Town Manager, Select Board, Finance Committee" for the
Fiscal Year beginning July 1, 2024 and ending June 30, 2025; without regards to individual line
items, and to operate the Water Enterprise Fund, that $7,339,669 be raised from Water receipts
and from these receipts $1,152,984 be transferred to the General Fund for indirect cost and
$1,180,000 to Capital Projects,
WATER ENTERPRISE
FY25
Recommendation
FY25 Town Manager
FY24 Department Select Board
Budget Request Finance
Committee
Personnel 1,291,001 1,343,687 1,343,687
Expense 2,678,644 3,126,305 3,132,305
Debt Service 558,343 530,693 530,693
Sub-Total Direct 4,527,988 5,000,685 5,006,685
Expenditures
Transfer to Capital Projects 425,000 1,180,000 1,180,000
Admin/Indirect 1,124,863 1,152,984 1,152,984
Total Water Enterprise 6,077,851 7,333,669 7,339,669
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 15: Appropriation – Sewer Enterprise Fund for Fiscal Year 2025. UNANIMOUS
VOTE to appropriate the amount of $5,269,613 in aggregate, for the purpose listed under the
column “FY25 Recommendation: Town Manager, Select Board, Finance Committee” for the
Fiscal Year beginning July 1, 2024 and ending June 30, 2025; without regards to individual line
items, and to operate the Sewer Enterprise Fund, that $5,269,613 be raised from sewer receipts
and from these receipts $542,581 be transferred to the General Fund for indirect expenses and
$250,000 to Capital Projects,
SEWER ENTERPRISE
FY25
Recommendation
FY25 Town Manager
FY23 Department Select Board
Budget Request Finance Committee
3
Personnel 478,890 560,370 560,370
Expense 644,450 669,425 669,425
GLSD Assessment 2,800,000 2,940,000 2,940,000
Debt Service 317,663 307,238 307,238
Sub-Total Direct 4,241,003 4,477,032 4,477,032
Expenditures
Transfer to Capital Project 750,671 250,000 250,000
Admin/Indirect 529,347 542,581 542,581
Total Sewer Enterprise 5,521,024 5,269,613 5,269,613
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 18: Transfer to Stabilization. UNANIMOUS VOTE to transfer $80,255 from available
funds or Free Cash into the Stabilization Fund,
or to take any other action relative thereto.
Town Manager
Vote Required: Majority vote
Article 19: Transfer to Capital Stabilization. UNANIMOUS VOTE to raise, appropriate and
transfer $350,000 from available funds or Free Cash into the Capital Stabilization Fund,
or to take any other action relative thereto.
Town Manager
Vote Required: Majority vote
Article 5: Amend General Bylaw Chapter 60. Animal Control. UNANIMOUS VOTE to
amend Chapter 60 by making the following amendments through the use of identifying text
whereby strikethrough signifies deletion, and underlined text addition. In instances where an
existing provision was either moved to a new section or appears reordered, such changes are not
identified:
Chapter 60. Animal Control. Dogs and Other Animals
§ 60-1. Authority and intent:
Pursuant to the authority set forth in MGL c. 140, § 136A to 174E, the following bylaw is enacted
for the regulation of dogs, cats and/or other domestic or for wild animals in the Town of North
Andover.
4
§ 60-2. Definitions:
As used in this bylaw, the following words shall, unless the context clearly requires otherwise,
have the following meanings:
ANIMAL CONTROL OFFICER
A person appointed by the Select Board in accordance with the provisions of MGL c. 140,
§ 151 and 151A.
ANIMAL RESCUE ORGANIZATION
A not-for-profit organization incorporated under state law that has tax-exempt status under
Section 501(c)(3) of the United States Internal Revenue Code; that is registered with the
Massachusetts Department of Agricultural Resources, if required, and whose mission and
practice is, in whole or in significant part, the rescue and placement of dogs, cats, guinea
pigs,
or rabbits into permanent homes. The term “animal rescue organization “does not include
any person or entity that:
1. Breeds animals;
2. Is located on the same premises as a person that breeds animals;
3. Obtains, in exchange for payment or compensation, animals from a person that
breeds animals; or
4. Facilitates the sale of animals that were obtained, in exchange for payment or
5. compensation, from a person that breeds animals.
ANIMAL INSPECTOR
A local agent of the Massachusetts Bureau of Animal Health and is appointed by the
Select Board in accordance with the provisions of MGL c. 129 §15.
PUBLIC ANIMAL CONTROL AGENCY or SHELTER
A facility operated by a governmental entity, for the purpose of impounding seized,
stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated
for the same purposes under a written contract with a governmental entity.
DESTRUCTION
An order by the hearing authority that a vicous dangerous dog be destroyed in accordance
with MGL c. 140, § 136A to 174E. and the Massachusetts Society for the Prevention of
Cruelty of Animals guidelines.
KEEPER
A person, business, corporation, entity or society, other than the owner, having possession
of a dog.
KENNEL
A pack or collection of dogs on a single premises, including a commercial boarding or
training kennel, commercial breeder kennel, domestic charitable corporation kennel,
personal kennel, or veterinary kennel.
5
KENNEL LICENSE
A special license issued to a kennel, which allows payment of a single fee covering all dogs
in the kennel; with the kennel license, the kennel owner receives a special kennel tag for
each dog in the kennel.
LICENSE
A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner of
each dog residing in North Andover and worn by the dog securely fixed to its collar or
harness.
LICENSE TRANSFER
The registration issued to a dog already licensed in another United States jurisdiction, after
the dog moves into the Town of North Andover.
LICENSED PERIOD
An annual period from January 1 through December 31.
MUZZLING
Using a device that fits over a dog's mouth and prevents it from biting, but that does not
cause any injury or interfere with the vision or respiration of the dog that wears it.
NUISANCE DOG
A dog that:
1. By excessive barking or other disturbance, is a source of annoyance to a sick person
residing in the vicinity;
2. By excessive barking, causing damage or other interference, a reasonable person
would find such behavior disruptive to one's quiet and peaceful enjoyment; or
3. Has threatened or attacked livestock, a domestic animal or a person, but such threat
was not a grossly disproportionate reaction under all the circumstance.
PERMANENT RESTRAINT
An order issued by the hearing authority, requiring a dangerous dog's keeper or owner to
restrain it.
RESTRAINT
Limiting, restricting, or keeping an animal under control by means of a physical barrier
(i.e., a leash, substantial chain or line, visible or invisible fence).
RUNNING AT LARGE
A dog is running at large if it is not on the private property of its keeper or owner, or on
private property with the express permission of that property's owner, or on a leash.
CONFINEMENT
Any person owning, possessing, or controlling a dog in the Town of North Andover shall
not allow or permit said dog to be confined, as defined by MGL c. 140 § 174E.
TEMPORARY RESTRAINT
6
An order issued by the Animal Control Officer under § 60-9, requiring the dog's keeper or
owner to restrain a nuisance dog or suspected vicious dog for 30 days.
CAT
Any member of the species Felis catus.
DOG
Any member of the species Canis familiaris.
GUINEA PIG
Any member of the species Cavia Porcellus.
OFFER FOR SALE
To advertise or otherwise proffer a dog, cat, guinea pig, or rabbit for acceptance by
another person or entity.
PERSON
An individual, corporation, partnership, association, or any other entity.
PET SHOP
A retail establishment where animals are sold or offered for sale as pets that is required to
be licensed pursuant to MGL c. 129, § 39A and 330 CMR 12.00. A person who only sells
or otherwise transfers the offspring of animals the person has bred on their residential
premises shall not be considered a “pet shop” for purposes of this section.
RABBIT
Any member of the species Oryctolagus cuniculus domesticus.
SELL
To exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise
transfer animals.
DANGEROUS DOG
As defined in MGL c. 140, § 136A. a dog that either: (i) without justification, attacks a
person or domestic animal causing physical injury or death; or (ii) behaves in a manner
that a reasonable person would believe poses an unjustified imminent threat of physical
injury or death to a person or to a domestic or owned animal. Any word or term defined in
MGL c. 140, § 136A, and not otherwise defined here, is incorporated by reference.
DANGEROUS ANIMALS
For the purpose of § 60-8, the term means and includes any wild mammal, reptile, fowl,
or a species which is not naturally tame or gentle, but is of the wild nature or disposition
and which, because of its size and/or breeding, vicious nature or the characteristics which
would constitute a danger or threat to human life or property if not kept or maintained in
a safe manner or in a secured environment.
Classification of Dangerous Animals: Includes, but is not limited to the
following:
All poisonous animals and arachnids
Constrictor snakes greater than 36”
Fighting birds
7
Piranhas
Sharks
SERVICE ANIMAL
A dog that is trained to performs specific work or tasks to help mitigate the symptoms or
limitations of a disability.
EMOTIONAL SUPPORT ANIMAL (ESA)
An animal that does not take specific actions to mitigate the symptoms/limitations of a
disability, but still provides comfort and support to a person who has a disability-related
need.
§ 60-3. Animal Control Officer: (Note: this section originally appeared as § 60-4)
1. Appointment: The Select Board of Selectmen shall appoint an Animal Control Officer
(ANIMAL CONTOL OFFICER) under the provisions of MGL c. 140, §§ 151 and 151A
to carry out the provisions of this bylaw and to perform such other duties and
responsibilities as the Select Board or its designee may determine and shall also attend to
all complaints or other matters related to animals within the Town of North Andover.
2. Duties: The ACO Animal Control Officer’s duties shall include but not be limited to the
following:
a) Enforcement of the Town of North Andover Animal Control Bylaw and relevant state
laws and regulations.
b) Explanation of bylaw violations.
c) Notification to the owner of unlicensed dogs.
d) Issuance of temporary restraint orders.
e) Issuance of an order of confinement.
3. Issuance of temporary restraint orders. The ANIMAL CONTOL OFFICER shall issue an
order of temporary restraint to the keeper of any animal that is a nuisance or that is awaiting
a decision under § 60-6 as to whether it is vicious. An order of temporary restraint is an
order that the animal must be confined to its keeper's or owner's property when not on a
six-foot or shorter leash or a dog may be ordered to be sheltered at a local kennel or
veterinarian facility at the animal owner's expense; muzzling will be at the ANIMAL
CONTOL OFFICER's discretion. It shall be in force for no more than 30 days unless the
ANIMAL CONTOL OFFICER renews it in writing for subsequent thirty-day periods. The
ANIMAL CONTOL OFFICER shall rescind or stop renewing the order when, in the
ANIMAL CONTOL OFFICER's judgment, restraint is no longer required. The animal's
keeper or owner can petition the hearing authority under § 60-5B to rescind the order for
temporary restraint.
4. Issuance of an order of confinement. The ANIMAL CONTOL OFFICER may make
arrangements for the temporary housing of any animal that is to be confined under the
provisions of this bylaw. The housing may be at local veterinary clinics, or at dog kennels
within the Town or neighboring towns, and shall be at the animal owner's expense.
5. Complaint Resolution Record Keeping: The Animal Control Officer shall keep accurate,
detailed records of the confinement and disposition of all animals held in custody and of
all bite cases reported, and the result of investigations of the same in the manner prescribed
8
under MGL c. 140, §151A. The ANIMAL CONTOL OFFICER shall maintain a telephone
log of all calls regarding animals and submit a monthly report summarizing the log to the
hearing authority. The Animal Control Officer shall maintain a log of calls regarding
animals. The Animal Control Officer shall forward a copy of the intake records to the town
clerk within 30 days. Copies of the record shall be kept for two (2) years in the office of
the Town Clerk.
§ 60-4. Dog license, kennel license and fees: (Note: this section originally appeared as § 60-
3)
1. Four or Fewer Dogs Dog(s) License:
1. License and vaccination requirements. All dogs six months and older, while
residing in the Town of North Andover, must have a license from the Town Clerk.
To obtain or renew the license, each dog owner must annually present proof of a
current rabies vaccination. When a veterinarian determines that a rabies
vaccination is inadvisable, the owner may present a veterinarian's certificate
exempting an old or sick dog from vaccination for a stated period of time.
2. New dogs: Within 30 days of acquiring a dog six months of age or older, each
dog owner in North Andover must present proof of that dog's current rabies
vaccination and obtain a license and dog tag from the Town Clerk.
3. New puppies: Within six months of a puppy being born, each dog owner in North
Andover must present proof of that puppy's current rabies vaccination and obtain
a license and dog tag from the Town Clerk.
4. New residents: A new resident who owns a dog six months of age or older must
license it within 30 days after moving into North Andover. The Town Clerk will
issue each dog a transfer license upon the owner's surrender of a current license
from another United States jurisdiction and proof of current rabies vaccination.
The transfer license is valid until the next regular licensing period.
5. Lost tags and replacement tags: Dog owners must replace a lost tag within three
business days of the loss, by obtaining a replacement tag from the Town Clerk.
6. Tag exemptions for dog events and medical reasons:
a. A dog, while actually participating in an official dog sporting or dog fancy
event (if the event sponsors do not allow participants to wear tags), is
exempt from the requirement that its license tag be affixed to its collar,
provided its keeper has the tag at the event and available for inspection by
the Animal Control Officer.
b. When a veterinarian determines that a dog cannot wear a collar for
medical reasons, the dog is exempt from wearing a tag until it recovers,
from the requirement that its license tag be affixed to its collar, provided
its keeper has the tag in his or her possession and available for inspection
by the ACO Animal Control Officer.
9
7. Annual renewal. Dog owners must renew each dog license annually. The annual
licensing period runs from January 1 through December 31.
8. License due date and late fee. The application form for obtaining, renewing or
transferring a license shall be available to each household no later than December
31 each year. Dog owners must return forms and fees to the Clerk by March 1 (or
the first business day thereafter, if March 1 falls on Friday, Saturday, Sunday or
legal holiday). Any license renewed after this date is overdue, and the owner must
pay a late fee as determined by the Board of Select Board in addition to the
license renewal fee, The overdue license fee and the late fee may be added to the
owner's tax bill or may be recovered through the imposition of a municipal
charges lien on any property standing in the name of the dog owner, pursuant to
MGL c. 40, §58.
9. License fees. The fees for licensing each dog shall be determined by the Board of
Select Board. The fees shall differentiate between neutered or spayed dogs, and
non-neutered or non-spayed dogs. The fee for neutered or spayed dogs shall be
less than the fee for non-neutered or non-spayed dogs.
10. Penalty: The owner, keeper and/or person otherwise in control of a dog shall be
subject to a fine established by the Select Board.
2. More than Four dogs Kennel License:
1. Anyone who owns or boards more than four dogs within the Town of North
Andover must apply for and obtain a kennel license from the Town Clerk. (This
requirement shall not apply to medical boarding by a licensed veterinarian
practicing in the Town of North Andover.) To obtain or renew the license, the
kennel licensee who is also the owner of the dogs must present proof of current
rabies vaccinations for each dog older than six months in the kennel. Kennel
licensees who offer temporary boarding services must obtain valid proof that each
dog in the kennel that is older than six months has received a current rabies
vaccination, which proof must be maintained in accordance with Subsection A of
this section.
2. New dogs and new puppies: The kennel licensee who is also the owner of the
dogs must report to the Town Clerk each new dog in the kennel within 30 days of
its acquisition, show proof of current vaccination.
3. Inspection process: Before the Town Clerk can issue the kennel license, the
Health Division Animal Inspector must inspect the proposed kennel, file a report
on the inspection, and favorably recommend that the kennel meets all of the
following requirements:
a. The location of the kennel is appropriate for housing multiple dogs.
b. The location of the kennel on the property will have no significant adverse
effect on the peace and quiet or sanitary conditions of the neighborhood.
c. The area provided for housing, feeding, and exercising dogs is no closer
than 20 feet to any lot line.
d. The area provided for housing, feeding, and exercising dogs is no closer
than 50 feet to any existing dwelling on an abutting lot.
e. The kennel will be operated in a safe, sanitary and humane condition.
10
f. Records of the numbers and identities of the dogs are properly kept.
g. The operation of the kennel will be consistent with the health and safety of
the dogs and of the neighbors.
4. Periodic inspections: Before a kennel license is renewed, and at any time they
believe it necessary, the ACO Animal Control Officer and/or the Health Division
may inspect any kennel. If the ACO Animal Control Officer or the Health
Division determines that the kennel is not being maintained in a safe, sanitary and
humane condition, or if the kennel records on the numbers and identities of the
dogs are not properly kept, ACO the Animal Control Officer will report the
violations to the hearing authority for a hearing on whether to impose fines or
revoke the kennel license.
5. Kennel review hearings: Within seven business days after receiving the ACO
Animal Control Officer’s report of violations, the hearing authority will notify all
interested parties of a public hearing to be held within 14 days after the notice
date. Within seven business days after the public hearing, the hearing authority
shall revoke the kennel license, suspend the kennel license, order compliance, or
otherwise regulate the kennel.
6. Penalties: Any person maintaining a kennel, as defined in this article after the
kennel license has been denied, revoked or suspended will be subject to the
penalties established by the Select Board.
a. First Offense: $500.00
b. Second and subsequent offenses: $1,000
7. Annual renewal: Each kennel licensee must renew the license annually at the Town
Clerk's office. The annual licensing period runs from January 1 to December 31.
8. License due date: Kennel license renewal forms will be sent to each licensed kennel
no later than December 1 each year. Kennel licensees must return forms and fees
to the Town Clerk by January 15 (or the first business day thereafter, if the 15th
falls on Friday, Saturday, Sunday or legal holiday). Failure to pay on time will result
in a late fee due in addition to the license fee. The overdue license fee and the late
fee may be added to the licensee's tax bill or may be recovered through the
imposition of a municipal charges lien on any property standing in the name of the
kennel licensee, pursuant to MGL c. 40, § 58. Nothing in this bylaw shall prevent
or abrogate the Board of Health's authority to license and inspect kennels in the
Town of North Andover.
9. Fees: The fees for licensing each kennel shall be established by the Board of
Selectmen Select Board.
§ 60-5. Vaccination against rabies:
1. Each owner or keeper of a dog, cat or ferret that is 6 months of age or older shall
cause such dog, cat or ferret to be vaccinated against rabies by a licensed
veterinarian.
11
2. When a veterinarian determines that a rabies vaccination is inadvisable, the owner
may present a veterinarian's certificate exempting an old or sick dog from
vaccination for a stated period of time.
3. Penalty: The owner, keeper and/or person otherwise in control of a dog, cat or
ferret shall be subject to a fine for each violation of this chapter as established by
the Select Board.
§ 60-6. Prohibited Conduct of Animals:
A. Running at large:
1. When not on the private property of its keeper or owner, or on private property
with express written permission of the property’s owner, a dog must be restrained
by being kept on a leash not exceeding six feet in length.
a. Under this subsection the use of Voice Control and/or Electronic
Collars do not qualify as a restraint or a leash.
b. The owner, keeper and/or person otherwise in control of a dog are
required to physically be holding and/or securing said leash to their
person.
2. Chasing: No animal keeper or owner shall allow a dog(s) to chase a person,
motor-powered vehicle, human-powered vehicle, or animal drawing or carrying a
person.
3. Public gatherings; leash control only. Animals shall be prohibited at public
gatherings permitted by the Town Manager or Town Manager's designee unless
specifically allowed. Unless prohibited by the Board of Selectmen for any
particular gathering, an animal may be at any other public gathering not otherwise
specified in this bylaw only it if is on six-foot or shorter leash, and the owner or
keeper of the animal shall not allow it to act in violation of this bylaw or other
applicable law.
4. No owner or person having the care of any horses, goats, sheep, swine, chickens,
cattle and other large animals shall allow said animal to be at large or to graze or
pasture in any street or way or on any public land or to remain upon any
sidewalk.
B. Endangering Safety:
1. No animal keeper or owner shall allow its animal to bite, menace or threaten, all
without provocation, so as to endanger the safety of any person. This subsection is
not meant to preclude an animal from acting as a watchdog on its keeper's or
owner's property.
C. Disturbing the Peace:
1. No animal keeper or owner shall allow the animal to disturb the peace of any
neighborhood by making excessive noise without provocation. Noise is excessive,
if it is uninterrupted barking, yelping, whining, screeching, howling or in any
other manner for a period of time exceeding 15 10 minutes between the hours of
6:00am and 10:00pm.
2. No animal keeper or owner shall allow the animal to disturb the peace of the
neighborhood by making noise in the open, outside of any building repetitively
12
without provocation at any time during the nighttime hours of 10:00pm and
6:00am.
3. This subsection is not meant to preclude a dog from acting as a watchdog on its
keeper's or owner's property.
D. Dog Litter:
1. Every dog keeper or owner is responsible for expeditiously removing any dog
feces the dog deposits anywhere except on its keeper's or owner's private property
or on other private property with the property owner's permission.
2. Duty to possess means of removal. No person who owns, possesses or controls a
dog shall appear with such dog on any sidewalk, street, park, or other public area
without a means of removal of any feces left by such dog. Furthermore, no person
who owns, possesses or controls such dog shall appear on any private property
neither owned nor occupied by said person without the means of removal of any
feces left by such dog.
3. Method of removal and disposal. For the purposes of this section, the means of
removal shall be any tool, implement, or other device carried for the purpose of
picking up and containing such feces, unexposed to said person or to the general
public. Disposal shall be accomplished by transporting such feces to a place
suitable and regularly reserved for the disposal of canine feces.
4. This provision does not apply to any assistance dog or service dog while it is
performing its duties.
E. Nuisance Dog:
1. No owner shall fail to exercise proper care and control of his animals to prevent
them from becoming a public nuisance.
2. By excessive barking or other disturbance, is a source of annoyance to a sick
person residing in the vicinity.
3. By excessive barking, causing damage or other interference, a reasonable person
would find such behavior disruptive to one's quiet and peaceful enjoyment; or
4. Has threatened or attacked livestock, a domestic animal, or a person, but such
threat was not a grossly disproportionate reaction under all the circumstance.
5. Any dog which damages private or public property.
F. Female dogs in heat:
1. Every female dog in heat shall be confined in a building or secure enclosure in
such manner that such female dog cannot come into contact with another animal
except for planned breeding.
G. Prohibited Areas for Dogs.
1. School grounds: No owner, keeper or other person having the care, possession or
custody of any dog or dogs shall allow or permit any such dog or dogs, whether
leashed or unleashed, to enter or go upon any school grounds, without written
permission from school principal.
2. Athletic Fields/Playground: No person owning, keeping, or handling a dog within
the Town of North Andover shall allow such dog(s) to trespass within an athletic
field or town owned playground.
13
a. Athletic fields shall be defined under this subsection as any field
designed and used for outdoor team games or practice, whether
those fields are under the control of the Town or School District.
3. Exception for assistance animals (service animals): This Subsection G(1) & (2)
does not apply to any properly trained assistance animal or service animal while
performing its duties.
4. Lake Cochichewick and Stevens Pond: No animal is allowed to enter into the
water or upon the ice of the lake is prohibited.
H. Violation and penalties for § 60-6:
1. Penalty: The owner, keeper and/or person otherwise in control of a dog or any
other animal as described in this article shall be subject to a fine for each violation
within subsection A-G as established by the Select Board.
§ 60-7. Animal Welfare:
A. Confining Animals in a Motor Vehicle:
1. Any person owning, possessing, or controlling an animal in the Town of North
Andover shall not allow or permit said animal to be confined inside of a stationary or
parked motor vehicle in a manner that would reasonably be expected to threaten the
health of the animal due to exposure to extreme heat or cold. The process of removing
an animal from a motor vehicle will be defined by MGL c. 140, § 174F. A violation
of this section shall be punished by a fine established by the Commonwealth.
a. Nothing in this section shall preclude prosecution under MGL c. 272, § 77.
2. No person shall transport an animal in the back of a motor vehicle in a space intended
for a load on the vehicle on a public way unless such space is enclosed or the animal
is protected by a secured container or cage or the animal is otherwise protected in a
manner which will prevent the animal from being thrown or from falling or jumping
from the vehicle.
a. Whoever violates the provisions of this section shall be punished by a fine
established by the Commonwealth.
B. Chaining or tethering dog to stationary objects and confinement:
1. Any person owning, possessing or controlling a dog in the Town of North Andover
shall not allow or permit said dog to be chained, tethered or confined, as defined by
MGL c. 140 § 174E. A violation of this subsection shall be punished by a fine
established by the Commonwealth and be subject to impoundment of the dog in a
local holding facility at the owner's, keeper's or guardian's expense pending
compliance with this section, or loss of ownership of the dog.
C. Animal Quarantine Order:
1. Any person owning, possessing, or controlling an animal in the Town of North
Andover that has been issued a Quarantine Order by the Animal Inspector shall
adhere to the following:
1. The animal shall be securely confined and kept from contact with any
other animals.
2. Dogs may be taken out for walks while being kept on a leash not
exceeding six feet in length.
3. Dog(s) under quarantine may only be walked, while being under the
control of an individual older than the age of eighteen (18).
14
4. Animals are prohibited from attending Daycare Facilities or visiting Pet
Stores, until the quarantine order is released.
5. No person shall kill, or cause to be killed any animal suspected of having
been exposed to rabies, or any animal biting a human, except as herein
provided, nor remove from the town limits without permission from the
Animal Inspector.
6. Additional restrictions may be ordered by the Animal Inspector. A written
notice or order will be served to the person owning, possessing, or
controlling of said animal with additional restrictions noted.
2. A violation of this subsection shall be punished by a fine established by the Select
Board and be subject to impoundment of the quarantined animal in a local holding
facility at the owner's, keeper's or guardian's expense pending the release of
quarantine. Nothing in this section shall preclude prosecution under MGL c. 129 and
330 CMR 10.00.
D. Motor vehicle; striking, injuring or killing dogs or cats:
1. Any person operating a motor vehicle that strikes and injures or kills a dog or cat
shall forthwith report such an accident to the owner or custodian of said dog or cat or
to a North Andover Police Officer and/or Animal Control Officer.
2. Nothing in this section shall preclude a civil cause of action including, but not limited
to medical expenses, by the aggrieved party.
3. Nothing in this section shall preclude prosecution under MGL c. 272, § 80H.
E. Failure to check and release animals from traps:
1. Pursuant to MGL c. 131, § 37, gives property owners the right to use lawful means to
destroy wildlife in the act of causing damage or threatening personal safety.
2. The use of a Have a Heart trap and/or other humane traps requires the trap to be
visited by the owner of the trap or his/her designee. Each time the trap(s) are checked,
all trapped animals shall be removed. Failure to check and release trapped animal(s)
in a reasonable amount of time, and not exceeding twenty-four (24) hours in the area
of where trapped or euthanized in a humane manner and later disposed of as defined
in Massachusetts General Law.
3. No person(s) shall relocate healthy or sick wildlife within the Town of North
Andover.
4. If the trap owner, person in control of the trap or a designee fails to comply with this
section, the trap owner, person in control of the trap or a designee shall be subject to a
civil penalty established by the Select Board.
F. Putting an animal to death by drowning and/or other means:
1. Whoever puts an animal (domestic or wild) to death by drowning and/or
decompression chamber within the Town of North Andover shall be punished by a
fine established by the Commonwealth. Nothing in this section shall preclude
prosecution under MGL c. 272, § 80E1/2, § 80E1/2 and § 77.
G. Inspection of vacated property for presence of abandoned animals:
1. Not more than three (3) days after a property owner, or a lessor. or a person in control
of the property knew or should have known that a property has been vacated as a
result of summary process, mortgage foreclosure, termination of tenancy,
abandonment or other removal or exclusion of a tenant from the premises. The
15
property owner, lessor, person in control of the property or a designee shall inspect
the property for the presence of abandoned animals.
2. If the property owner, lessor, person in control of the property or a designee
encounters an abandoned animal under this section, the property owner, lessor, person
in control of the property or a designee shall immediately notify the North Andover
Animal Control Officer and/or a North Andover Police Officer or other authorized
agent set forth by the Chief of Police of the presence and condition of the animal.
3. The animal shall not be removed by the property owner, lessor, person in control of
the property or a designee from the property and/or unit, unless immediate emergency
medical care is needed by a licensed veterinarian.
4. The property owner, lessor, person in control of the property or designee who
encounters an abandoned animal pursuant to this section shall not be considered the
owner, possessor or person having the charge or custody of the animal under section
77 of chapter 272.
5. For the purposes of this section, an animal shall be considered abandoned if it is
found on or in a property vacated as a result of summary process, mortgage
foreclosure, termination of tenancy, abandonment or other removal or exclusion of a
tenant from the premises.
6. If the property owner, lessor, person in control of the property or a designee fails to
comply with this section, the lessor, person in control of the property or property
owner shall be subject to a civil penalty established by the Select Board.
7. Animals impounded in accordance to this subsection shall be taken by the North
Andover Animal Control Officer and/or a North Andover Police Officer or other
authorized agent set forth by the Chief of Police, transported and held at an animal
shelter and/or contracted holding facility and cared for in a humane manner.
8. Disposition of animal will be determined by § 60-14 and/or in addition to any other
penalty provided by MGL c.272.
§ 60-8. Limit on number of Dogs, Cats and/or other Animals:
1. No person and/or combination of occupants of a residential address shall keep more than
four (4) dogs over the age of six months at any residence without complying with the
requirements of the North Andover Kennel License and obtaining a kennel license as
defined herein.
a. Note See Chapter 60-3B, Kennel License
2. Any person(s) keeping of cats within the Town of North Andover shall keep no more
than four (4) cats over the age of four months in any building or on any premises, of
which he/she may be the owner, tenant or occupant.
3. Additional restrictions on the number of companion animals may be imposed by the
Animal Control Officer, Health Agent and/or his or her designee if, after an investigation
of a dwelling or property, it is revealed the living conditions are not healthy and these
conditions are the result of an overcrowding of animals in said dwelling or property.
a. An appeal of the above restriction may be made in writing to the Chief of
Police within 10 business days after issuance of the restriction(s) and a
final decision shall be rendered by the hearing authority designated in
§ 60-13 of this article.
4. It shall be unlawful for any person to keep, maintain, or have in their possession or under
their control, within the Town of North Andover, any wild or dangerous animal, reptile,
or carnivorous wild animal or other animal of vicious or dangerous propensities.
a. This provision does not apply to any person(s) licensed under
Massachusetts Regulation 321 CMR 2.12.
16
5. Any person who violates the provisions of this section shall receive a written warning,
issued by the Animal Control Officer, Health Agent and/or his or her designee for the
first offense, and for each subsequent offense shall be liable for payment of a fine
established by the Select Board for each day in violation of this section, which shall be
paid to the Town Clerk.
a. A reasonable amount of time will be allowed for proper placement of
animals into alternate care before fines are imposed.
§ 60-9. Feeding of Wild Animals, Wildlife, and Birds:
1. Feeding of wild animals and/or wildlife is prohibited:
a. No person shall feed, bait, or in any manner provide access to food to any wild
animal and/or wildlife within the Town of North Andover on lands either
publicly or privately owned, except as permitted by §60-9(2).
b. No person shall fail to take remedial action to avoid contact or conflict with wild
animals, which may include the securing or removal of outdoor food sources or
attractant after being advised by the Town to undertake such remedial action.
Further, after an initial contact or conflict with a wild animal, no person shall
continue to provide, or otherwise fail to secure or remove, any likely food
sources or attractants, including but not limited to bird feeders.
c. The prohibitions of this section shall not apply to naturally growing shrubs, live
crops, plants, flowers, vegetation, gardens, or trees.
d. Penalty: The property owner, keeper and/or person otherwise in control of the
residence/property shall be subject to a fine as established by the Select Board.
2. Feeding of backyard birds permitted on private property:
a. The feeding of backyard birds shall be permitted on private property subject to
the condition that birds shall only be fed from bird feeders.
§ 60-10. Vicious Dangerous Dog; violations and penalties:
1. Declaring a dog vicious dangerous, any dog that, without provocation, bites a human
being or kills or maims a domestic animal without provocation may be declared vicious
dangerous by the hearing authority. An exception may be made for a puppy (animal
under six months old) that draws blood, or for a dog that attacks or bites an
unaccompanied domestic animal on the dogs Keeper’s property.
Procedure for declaring a vicious dog. Upon the written complaint of the ANIMAL
CONTOL OFFICER, any other public safety agent, or upon the written complaint of any
person, the hearing authority shall hold a public hearing, after which it will determine
whether it should declare a dog vicious and, if so declared, what remedy is appropriate.
2. The Chief of Police, or his designee, upon written complaint from the Animal Control
Officer, any other public safety agent, or upon a written complaint of any person may
determine that a dog is a "dangerous dog" within the meaning of this section and, as a
result thereof, require compliance by the owner of such dangerous dog of the provisions
herein listed.
a. Definition: Based on the following that dog is dangerous:
1. Any dog that has bitten or attacked any person or has attempted to bite or
attack any person. A dog shall be deemed to be attempting to attack if it is
restrained by a leash, fence or other means and it is clear from the dog's
17
excited actions that only the presence of the leash, fence, or other means
of restraint is preventing the dog from making an immediate attack; or
2. Any dog with a propensity, tendency or disposition to attack, to cause
injury to, or to otherwise threaten the safety of domestic animals, or any
dog which attacks a human being or domestic animal on one or more
occasions without provocation and without justification; or
3. Any dog, whether leashed or not, which, in a vicious or terrorizing
manner, approaches any person in an apparent attitude of attack upon the
streets, sidewalks, or any public grounds or places; or
4. Any dog owned or harbored primarily or in the part for the purpose of dog
fighting or any dog trained for dog fighting; or
5. Any dog owned or harbored on property known for drug trafficking or
gang activity and shows an aggressive temperament; or
b. The determination that a dog is dangerous under this section shall be in the
discretion of the Chief of Police and/or the Animal Control Officer, and the Chief
of Police and/or Animal Control Officer shall notify the owner(s).
3. Exceptions where dog shall not be considered vicious dangerous:
1. A human being who, at the time the injury was sustained, was committing
criminal trespass or other tort upon premises occupied by the owner of the
dog, or tormenting, abusing or assaulting the dog or was committing or
attempting to commit a crime.
2. A domestic animal, which, at the time the injury was sustained, was
tormenting, abusing or assaulting the dog.
3. The dog was protecting or defending a person within the immediate
vicinity of the dog from an attack or assault.
4. The actions of the dog under consideration occurred under official duties
as a military, correctional, or law enforcement dog.
5. The person’s skin was not broken.
6. In the discretion of the Chief of Police, or his designee, the dog acted in
reaction to pain or injury or was protecting itself, its kennel, or its
offspring.
The person who was bitten was willfully trespassing, committing a crime, or attempting to
commit a crime on the premises occupied by the dog's keeper or owner.
The dog was being teased, tormented, abused, or assaulted by the injured person or animal
prior to attacking or biting.
The dog was protecting or defending a human being in its immediate vicinity from attack
or assault.
4. Duties of owner when dog is determined to be dangerous.
a. Outdoor confinement:
1. While on the owner's property, a dangerous or vicious dog must be
securely confined indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young children, and designed to
prevent the animal from escaping. Such pen or structure must be at least
10 feet from the property line, must have a minimum dimension of five
feet by 10 feet, and must have secure sides and a secure top. If it has no
18
bottom secured to the sides, the sides must be imbedded into the ground
no less than two feet. The enclosure must also provide protection from the
elements for the dog. The Animal Control Officer shall verify compliance
with this section by an on-site inspection and, if necessary, shall require
the owner to further secure said structure.
2. The owner or keeper shall display signs on his/her premises facing out
from all sides of the premises warning that there is a dangerous or vicious
dog on the property. This sign should be visible and capable of being read
from a public highway or thoroughfare or within 20 feet of its placement.
In addition, the owner shall conspicuously display a sign with a symbol
warning a child who cannot read of the presence of a dangerous dog.
3. The owner shall provide notice of the determination that a dog is
dangerous to direct abutters of the owner(s) and owners of land directly
opposite on any public or private street or way. The owner shall obtain,
without charge, a list of such abutters from the Assessor's office. The
owner shall then send each such abutter a copy of the notice received
pursuant to Subsection 2(a)(b) above by certified mail. A copy of the
abutters list received from the Assessor's office shall be provided to the
Animal Control Officer, along with the certified mail return receipts.
4. A dangerous dog may be off the owner's premises if it is muzzled and
restrained by an approved lead not exceeding four feet in length and is
under the control of an adult (18 years old and higher), able-bodied
person. The muzzle must be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but must prevent it from
biting any person or animal.
b. Indoor confinement:
1. No dangerous dog may be kept on a porch, patio, or in any part of a house
or structure that would allow the dog to exit such building on its own
volition. In addition, no such animal may be kept in a house or structure
when the windows are open or when screen windows or screen doors are
the only obstacles preventing the dog from exiting the structure.
c. Insurance:
1. The owner or custodian of any dangerous dog shall maintain a policy of
insurance in an amount not less than $100,000 per incident insuring such
person against any claim, loss damage, or injury to human beings resulting
from the acts of such dog. Such person shall produce evidence of the
required insurance, which may include a rider or binder, upon the request
of the Chief of Police, or his designee, and/or the Animal Control Officer.
This subsection shall not apply to dogs kept by law enforcement agencies.
d. An owner may transport a dangerous within the Commonwealth for medical or
veterinary care, provided that said animal is properly restrained by being both
muzzled and leashed, with the leash not to exceed a length of four feet.
5. Enforcement; fines and penalties:
19
a. When a dog is deemed to be dangerous, the Chief of Police, or his/her designee,
shall order the owner to submit written verification to confirm any or all of the
following:
1. Spay or neutering, the animal is not already altered. The animal will be
exempt from such an order if a veterinarian certifies in a written statement
that the animal is unfit for alterations because of medical condition(s).
2. Microchip identification, the mode of which shall be designated by the
Animal Control Officer, if the animal is not already microchipped.
3. Behavior training from an approved trainer as determined by the Animal
Control Officer and/or the Chief of Police or his designee. The cost of said
training shall be borne by the owner.
4. A valid rabies vaccination and North Andover Dog License, as required by
MGL c.140.
6. Fines; relocation of animal.
a. The owner of any dangerous dog, if said animal is found on property not owned
or controlled by its owner, or not restrained in a secure area per Subsection 4(a),
shall be subject to the following:
1. First offense: a fine of $200 and a hearing by the Chief of Police, at the
Chief's discretion, to determine whether said animal shall be humanely
euthanized.
2. Second or subsequent offense: a fine of $300, and a mandatory hearing by
the Chief of Police to determine whether said animal shall be humanely
euthanized.
b. Upon relocation of the animal, the owner thereof shall notify the Animal
Control Officer of the new location. Said Officer shall then forward all
documentation maintained by the Town of North Andover regarding the animal to
his/her official counterpart at the new location.
b. Owners of dangerous dogs found within the Town of North Andover and not
properly registered with Animal Control shall be subject to a fine of $100. Said
animal shall be humanely euthanized unless the owner, within 10 days of said
finding, registers said dog in compliance with this article.
c. Each day there exists a violation of any of the provisions of this article, the same
shall constitute and be punishable as a separate offense.
7. Compliance with the requirements of this section shall not be a defense to an order of
disposal of a dangerous dog pursuant to MGL c. 140, § 157.
8. All notice and hearing procedures will be carried out in conformance with MGL c. 140,
§ 157.
§ 60-11. Potentially Dangerous; violations and penalties:
1. The Chief of Police, or his designee, upon written complaint from the Animal Control
Officer, any other public safety agent, or upon a written complaint of any person may
20
determine that a dog is a "potentially dangerous dog" within the meaning of this section and,
as a result thereof, require compliance by the owner of such potentially dangerous dog of the
provisions herein listed.
2. Definition: Based on the following that dog is potentially dangerous:
a. "Potentially dangerous dog," as used in this section, shall mean:
1. Any dog that acts in a highly aggressive manner, when unprovoked, within a
fenced yard or enclosure and appears to the Animal Control Officer to be able to
jump over or escape. Vocalization or barking, without more, shall not cause a dog
to be deemed of a highly aggressive manner.
2. Any dog owned by a person cited more than twice, in a twelve-month period, for
allowing said dog to run at large in any public streets or places in the Town or
upon the premises of anyone other than the owner or keeper without said owner's
or occupant's permission.
b. The determination that a dog is potentially dangerous under this section shall be in the
discretion of the Animal Control Officer and/or the Chief of Police, or his designee,
who shall notify the owner of any such determination.
3. When a dog is deemed to be potentially dangerous, the Chief of Police, or his/her designee,
may order the owner to submit written verification to confirm any or all of the following:
a. A dog may be spayed or neutered, if the animal is not already altered. The animal will
be exempt from such an order if a veterinarian certifies in a written statement that the
animal is unfit for alterations because of medical conditions.
b. Microchip identification, the mode of which shall be designated by the Animal
Control Officer, if the animal is not already microchipped.
c. Behavior training from an approved trainer, as determined by the Animal Control
Officer and/or the Chief of Police or his designee. The costs of said training shall be
borne by the owner.
d. A valid rabies vaccination and North Andover Dog License, as required by MGL c.
140.
e. The owner provides adequate security to the premises where the potentially
dangerous dog is kept, as specifically described in writing to the owner by the Animal
Control Officer. Said owner must comply within 21 days of receiving description. For
good cause shown, the Chief of Police may extend this time for up to 60 days.
f. After two years of compliance, the dog will not be considered potentially dangerous.
4. Persons responsible: No person under the age of 18 shall own, control or be responsible for a
potentially dangerous dog.
5. Signs: All owners, keepers, or haborers of potentially dangerous dogs shall display in a
prominent place on their premises a sign easily readable by the public, using the words
"Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of
such dog.
6. Penalties: After 21 days of being notified that a dog is potentially dangerous, any owner
found not in compliance with any of the provisions of this section shall be subject to a fine as
established by the Select Board. Each day that the owner is not in compliance shall constitute
a separate offense. Failure to so comply after due notice may result in application by the
Town for hearing before the Clerk of the District Court and/or any other enforcement
measures as further provided in MGL, c. 40, §21D.
21
7. Owners of all potentially dangerous dogs who relocate or move to the Town of North
Andover from another community shall notify the Animal Control Officer of a description of
such dog and said designation. Failure to so notify may result in fine as provided in
Subsection 6 above.
8. Owners of all potentially dangerous dogs who relocate or move from the Town of North
Andover to another community shall notify the North Andover Animal Control Officer and
the Animal Control Officer of the new community to which the owners are moving, or
person having like duties, of a description of such dog and said designation. Failure to so
notify may result in fine as provided in § 60-11(6) above.
§ 60-12. Temporary Restraint / Confinement Orders:
1. Issuance of temporary restraint orders. The Animal Control Officer shall issue an order of
temporary restraint to the keeper of any animal that is a nuisance or that is awaiting a
decision under § 60-10 and/or § 60-11 as to whether it is dangerous, or potentially dangerous
vicious. An order of temporary restraint is an order that the animal must be confined to its
keeper's or owner's property when not on a six-foot or shorter leash or a dog may be ordered
to be sheltered at a local kennel or veterinarian facility at the animal owner's expense;
muzzling will be at the Animal Control Officer’s discretion. It shall be in force for no more
than 30 days unless the Animal Control Officer renews it in writing for subsequent thirty-day
periods. The Animal Control Officer shall rescind or stop renewing the order when, in the
Animal Control Officer's judgment, restraint is no longer required. The animal's keeper or
owner can petition the hearing authority under §60-13 to rescind the order for temporary
restraint.
2. Issuance of an order of confinement. The Animal Control Officer may make arrangements
for the temporary housing of any animal that is to be confined under the provisions of this
bylaw. The housing may be at local veterinary clinics, or at dog kennels within the Town or
neighboring towns, and shall be at the animal owner's expense.
3. Penalty: The owner, keeper and/or person otherwise in control of said dog(s) listed on the
temporary order shall be subject to a fine violation as established by the Select Board.
§ 60-13. Hearing authority; appeals:
1. Hearing authority: The hearing authority shall be the Police Chief or his or her designee;
however, the designee shall not be the ANIMAL CONTOL OFFICER Animal Control
Officer.
2. Right to appeal: When the ANIMAL CONTOL OFFICER Animal Control Officer has
investigated a complaint regarding an animal's behavior and has issued a finding or an order
of temporary restraint with which either the animal's keeper or owner or the complainant
disagrees, then either party may appeal by sending a written request to the Chief of Police
within 10 business days after issuance of the ANIMAL CONTOL OFFICER Animal Control
Officer’s decision. Following the Chief’s receipt of a written appeal, the hearing authority
shall hold a hearing on the appeal.
22
3. Findings and further appeals: The hearing authority shall decide whether to uphold, reverse,
or modify the ANIMAL CONTOL OFFICER Animal Control Officer’s decision and shall
mail its ruling to the animal owner, complainant, and Animal Control Officer.
4. Hearings: The hearing authority shall hold a hearing and make decisions on any vicious
dangerous dog declaration under § 60-11 and/or § 60-12.
5. Further appeal: An appeal from a decision of the hearing authority may be made by either the
owner or complainant by sending a written request to the Town Clerk within 10 business
days after issuance of the Hearing Authority’s decision. Following the Clerk’s receipt of a
written appeal, the Town shall hold a public hearing on the appeal.
§ 60-14. Impoundment, safe holds, surrenders and violation notice:
1. Unrestrained dogs shall be taken by the police, animal control officers or humane officers
and impounded in an animal shelter and/or contracted holding facility and cared for in a
humane manner.
2. If the Organization, Rescue and/or person comes into possession of any stray, lost, or other
displaced or apparently homeless Animal from anywhere within the Town of North
Andover, the Organization, Rescue and/or person shall immediately report this to the North
Andover Animal Control Officer and/or North Andover Police Department.
1. Any such Dog shall be turned over to the North Andover Animal Control and
remain in the custody and control of the Animal Control Officer for a minimum
hold period, in accordance with M.G.L. c. 140, § 151A.
2. Failure to turn over said animal, upon request shall be subject to a fine violation as
established by the Select Board.
3. Impounded/Unclaimed dogs shall be kept no less than seven days, unless the owner is
identified and provides proof of rabies vaccination in the form of a rabies vaccination
certificate from a certified veterinarian, the payment of impoundment and boarding fees
and the cost relevant to such impoundment.
a. A pick-up fee shall be accessed per dog and/or animal that was picked up
by the Animal Control Officer or his designee.
4. If, by a license tag or other means, the owner of an impounded animal can be identified,
the animal control officer shall immediately, upon impoundment, notify the owner by
telephone, in-person, or mail.
5. Any dog not reclaimed by its owner within seven days shall become the property of the
local government authority or humane society. Dog(s) shall be placed up for adoption in a
suitable home, transferred to a local rescue or humanely euthanized, if necessary.
6. Owned Animal Surrender: Any owner or authorized party of a dog, cat and/or companion
animal that is need of surrendering said animal to the Animal Control Officer in an event
of an uncontrolled circumstance shall sign into a contract acknowledging the following:
1. All decisions regarding the disposition of the animal(s) are at the sole discretion of
the Animal Control Officer and/or his designee.
2. The owner or authorized party must authorize the release of all previous records
pertaining to the animal(s), including but not limited to medical records.
23
3. The understanding that no guarantees regarding the disposition of the animal(s) will
be made, nor is there any minimum hold period once the surrender contract is
activated.
4. The surrender contract listed in the provisions of this section is at the sole discretion
of the Animal Control Officer and/or his designee. If a contact cannot be activated,
the Animal Control Officer will assist the owner or authorized party with other
alternatives, such as a local animal rescue or humane society.
7. Safe Hold: Any owner or authorized party of a dog, cat and/or companion animal that is
need of temporary housing of said animal(s) in an event of an emergency circumstance
shall sign into a contract acknowledging the following:
1. Animal(s) listed in the contract will be held in the care and control of the Animal
Control Officer, animal shelter and/or contracted holding facility and cared for in a
humane manner.
2. The owner or authorized party acknowledges that the listed animal(s) must be
claimed by the listed date on the on the contract or the animal(s) will be considered
abandoned, and the owner or authorized party relinquishes any claim, right, title or
interest in said animal(s) and said animals will become property of the Town of
North Andover.
3. The owner or authorized party may authorize the release of said animal(s) to an
alternate party listed on said contract. The owner or authorized party understands
that it is their responsibility to contact the person(s) that are authorized to claim
said animal.
a. The owner or authorized party acknowledges that if said person(s) that are
authorized to claim said animal(s) declines or fails to claim said animal(s),
§ 60-14(7.2) is still in effect.
4. Unclaimed animals shall be placed up for adoption in a suitable home, transferred
to a local rescue or humanely euthanized, if necessary.
8. Animal Adoption: The Animal Control Officer may make available for adoption any dog,
cat, ferret and/or any other domestic animal found free of disease. The adoption fee
established by the Select Board shall be collected and all monies received by the officer
for the adoption shall immediately be turned over to the Treasurer’s Office. Before delivery
of the animal so adopted, the animal control officer shall require the purchaser to show
identification and authorizes a CORI background check for all individuals residing within
the residence.
§ 60-15. Humane pet stores:
1. Sale of dogs, cats, guinea pigs, or rabbits by pet shops prohibited:
a. It shall be unlawful for a pet shop to sell or offer for sale a dog, cat, guinea pig, or
rabbit.
b. A pet shop may provide space for the display of dogs, cats, guinea pigs, or rabbits
available for adoption by a public animal control agency or shelter or an animal
rescue organization so long as:
1. The pet shop receives no part of any fees associated with the
display or adoption of the animals and has no ownership interest in
any of the animals displayed or made available for adoption; and
24
2. The pet shop maintains no ownership interest in any of the animals
displayed or made available for adoption; and
3. The pet shop maintains records sufficient to document the source
of each dog, cat, guinea pig, or rabbit the pet shop displays, for at
least one year following the date of display. Such records shall be
made available, immediately upon request, to any animal control
officer or any duly appointed officer or representative of the Town.
2. Enforcement and severability:
a. Any pet shop that makes a sale or offer for sale of a dog, cat, guinea pig, or rabbit
in violation of § 1(A) shall be fined as established by the Select Board. Each
unlawful sale or offer for sale shall constitute a separate violation.
b. Any pet shop that makes a provision of space knowingly and in violation of
Subsection 1(B) shall be fined as established by the Select Board. Each unlawful
provision of space shall constitute a separate violation.
c. In addition to any other remedy provided by law, this section may be enforced by
police officers and animal control officers through any means available in law or
equity, including but not limited to noncriminal disposition in accordance with
MGL c. 40, § 21D. The invalidity of any section or provision of this bylaw does
not invalidate any other section or provision of it.
§ 60-16. Enforcement; additional remedies; consistency with state law:
1. Enforcement. In addition to any other means of enforcement authorized by law, the
provisions of this bylaw and the regulations adopted pursuant thereto may be
enforced by noncriminal disposition in accordance with the provisions of this bylaw
and MGL c. 40, §21D. The North Andover Police Chief or his designee, including the
Animal Control Officer, and any North Andover Police Officer shall have authority to
enforce the provisions of this chapter.
2. Orders of the Animal Control Officer and hearing authority. Any orders of
confinement, muzzling or disposition issued by the Animal Control Officer or the
hearing authority may be in addition to the fines authorized by this chapter.
3. Non-waiver of statutory remedies. The provisions of this chapter are intended to be in
addition to and not in lieu of those contained in MGL c. 140, §136A et seq., as
amended by Chapter 193 of Legislative Acts of 2012; nothing contained in this
chapter shall deprive the Town from employing the remedies provided in those
sections, including but not limited to disposition of a dog found to be a dangerous dog
or potentially dangerous dog, as provided in MGL c. 140, §157, as amended. To the
maximum extent possible, the provisions of this chapter shall be deemed to be
consistent with and/or supplementing those contained in MGL Chapter 140, as
provided in MGL c. 140, §136A, et seq., as amended.
§ 60-17. Informal disposition process:
1. The owner, keeper or any person(s) that receives a citation under this article may,
within 21 days, confess to the offense charged personally or through a duly
authorized agent, or by mailing to the Town Clerk said citation along with payment in
the amount as authorized in the listed fine schedule of this article. Said payment, if
made through the mail, shall be by postal note, money order or check. The payment to
the Town Clerk shall operate as a final disposition of the case, when such payment is
actually received by the Town Clerk.
25
2. If such person when issued a citation desire to contest the violation through the
informal disposition process, he/she may, within 21 days of said issuance, request a
hearing with the Police Chief, or a hearings officer appointed by said Police Chief,
and may present, either in person or by counsel, any evidence he may have to refute
the allegation contained in the citation. At such hearing, the Police Chief or hearing
officer shall make a determination as to facts of the allegation, and said determination
shall be final regarding the informal disposition process.
§ 60-18. Noncriminal disposition:
1. If any person so notified by citation desires to contest the violation alleged in the
citation without availing himself of the provisions of the informal process, or desires
to contest the decision of the Clerk Magistrate or hearing officer, such person may
avail himself of the noncriminal disposition procedures by making a written request
for a hearing within twenty-one (21) to the Lawrence District Court.
§ 60-19. Failure to respond:
1. The owner, keeper or any person(s) that receives a citation under this article fails to
respond to the citation within 21 days, the Animal Control Officer or his designee
shall forward a copy of the citation, along with a criminal complaint to the Lawrence
District Court, where it shall be handled under the provisions of MGL c. 140, § 173A.
Or take any other action relative thereto.
Animal Control Officer
Vote Required: Majority vote
Article 7: Accept Massachusetts General Law Chapter 44 §54(b)-Investment of Trust
Funds. UNANIMOUS VOTE to accept the provisions of Massachusetts General Law chapter
44, §54(b) to allow trust funds held in the custody of the Town to be invested under the standards
of the Massachusetts Prudent Investor Act of Chapter 203C.
or to take any other action relative thereto.
Town Treasurer
Vote required: Majority vote
Article 8: Approve Payment of Prior Years Unpaid Bills. FOUR FIFTHS 4/5 VOTE AS
DECLARED BY THE MODERATOR to authorize payment of the following unpaid bills
from prior year(s), by the respective department, using appropriations of the current fiscal year,
26
VendorAmountDepartment
GEI 26,021.00Public Works
Conte Funeral Homes 5,000.00Veterans
31,021.00
or to take any other action relative thereto.
Select Board
Vote required: Four-fifths (4/5) vote
Article 13: Appropriation – General Fund for Fiscal Year 2025. NEAR UNANIMOUS
VOTE AS DECLARED BY THE MODERATOR to raise and appropriate, transfer from
available funds or otherwise provide a sum or sums of money for the purpose of funding the
General Fund for the Fiscal Year beginning July 1, 2024 and ending June 30, 2025,
27
FY25 GENERAL FUND BUDGET
Fiscal YearFiscal Year Fiscal Year
202420252025
RECAPDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
Revenues & Other Financing Sources
Operating Revenues
Property Taxes94,941,208101,020,237101,020,237
Local Receipts11,916,57412,124,37812,131,579
State Aid15,038,23715,038,23715,038,237
Operating Transfers2,032,0131,926,5221,926,522
Total Operating Revenues123,928,032130,109,375130,116,575
Other Fin. Sources
Free Cash7,021,77508,186,557
Overlay Surplus190,00000
Others one time revenues000
Total Other Fin Sources7,211,77508,186,557
Total Opr. Rev. & Fin Sources131,139,807130,109,375138,303,132
Operating Expenses
GENERAL GOVERNMENT
Town Moderator850850850
Selectmen/ Town Manager502,735539,407538,907
Finance Committee750750750
Town Accountant319,241413,169413,144
Assessing614,047548,149544,479
Treasurer/Collector 495,691517,340536,108
Legal197,712207,086207,086
Human Resource252,058298,217299,306
Town Clerk339,905380,267380,807
Conservation137,299146,132149,432
Community Development238,988257,344253,814
Planning 295,351230,150230,150
Board of Appeals22,06623,33823,338
3,416,6943,562,1993,578,170
28
Fiscal Year Fiscal Year Fiscal Year
202420252025
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
PUBLIC SAFETY
Police Department6,566,9506,727,4036,621,280
Fire Department7,219,9557,460,5857,442,904
Inspectional Services346,392351,397351,397
Emergency Management32,44232,69429,694
14,165,74014,572,07914,445,275
EDUCATION
N A Public School60,364,14663,684,17462,064,629
60,364,14663,684,17462,064,629
PUBLIC WORKS
Administration690,439764,521767,613
Street & Sidewalks1,870,0261,931,5461,912,946
Solid Waste/Recycling1,805,0001,985,0001,967,000
Fleet Maintenance485,000615,000590,000
Structures & Grounds300,000395,000160,000
Snow & Ice Removal1,000,0001,000,0001,000,000
6,150,4646,691,0666,397,559
HEALTH & HUMAN SERVICES
Health Department303,014330,409330,409
Elder Services337,691367,055364,555
Youth Service462,339490,712453,401
Veterans Service357,310365,934365,934
1,460,3541,554,1111,514,300
CULTURE & RECREATION
Stevens Library1,248,3341,376,5951,374,434
Festival Committee20,00020,00020,000
1,268,3341,396,5951,394,434
SUPPORT SERVICES
Admin Support101,750281,995281,995
Outside Auditing52,00051,00051,000
Information Technology1,657,2921,742,0331,780,799
Facilites956,366884,4552,822,564
2,767,4082,959,4834,936,358
29
Fiscal Year Fiscal Year Fiscal Year
202420252025
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
DEBT SERVICE
Excluded - Principal - Long Term325,000320,000320,000.00
Excluded - Interest - Long Term18,5258,8508,850.00
Excluded - Interest - Short Term000.00
Included - Principal - Long Term3,124,2494,736,7873,736,787.00
Included - Interest - Long Term742,747640,972640,971.82
Included - Interest - Short Term000.00
4,210,5215,706,6094,706,608.82
EMPLOYEE BENEFITS
Retirement Assessment7,443,6347,796,7937,902,670.00
Workers Comp482,441575,690529,690.00
Unemployment Compensation125,000125,00075,886.26
Group Insurance11,912,64713,103,91113,043,911.00
Payroll Taxes1,274,9221,313,0001,313,000.00
Employee Benefits - Deferred Comp81,50083,50083,500.00
Police & Fire Accident & Sickness Inc.245,341251,475251,475.00
IOD (Injury on Duty)79,56081,15081,150.00
21,645,04523,330,51923,281,282.26
LIABILITY INSURANCE
483,100555,000530,000.00
MISC. NON DEPARTMENTAL COST
Regional Schools - Greater Lawrence Tech570,736604,980604,980.00
Regional Schools - Essex Agricultural School418,000465,107465,107.00
Payroll Salary Reserve228,2001,232,764932,764.00
Payroll Retirement Reserve81,725264,9160.00
Health Insurance Opt Out Program300,000300,000300,000.00
Finance Committee Reserve1,500,0001,500,0001,500,000.00
Reserve for Debt (MSBA)68,926068,926.00
Transfer to Capital Projects - Rec Plex2,996,08801,000,000.00
OPEB Trust000.00
6,163,6754,367,7674,871,777.00
Total Non - Departmental Cost32,502,34033,959,89533,389,668.08
Annual Town Meeting Vote 122,095,481128,379,602127,720,392.93
30
Fiscal Year Fiscal Year Fiscal Year
202420252025
RecapDepartment Select Board &
RequestFinance
Committee &
Town Manager
Recommend
CAPITAL & RESERVES
Transfer to Stabilization Fund299,567080,255
Transfer to Capital Stabilization Fund from free cash350,0000350,000
Transfer to OPEB Trust 75,000099,000
Transfer to Capital Project 6,297,20806,835,153
Transfer to cover retirements00285,000
Transfer for PY CPE Revenues00338,402
Transfer for PY Opioid Settlement Revenues198,748
Deficits ( Snow and Ice)000
Deficits (overlay)000
Overlay986,103550,000550,000
8,007,878550,0008,736,557
STATE ASSESSMENTS
Mosquito Control116,347116,347116,347
Spec Ed36,21036,21036,210
Air Pollution Districts10,96210,96210,962
Regional Transit224,597224,597224,597
RMV Non Renewal Surc17,60017,60017,600
School Choice187,608187,608187,608
Charter School Assessment168,746168,746168,746
762,070762,070762,070
General Fund Budget130,865,429129,691,672137,219,020
AND TO FURTHER TRANSFER TO THE GENERAL FUND
FROM SPECIAL REVENUE - GLSD 162,031.44
FROM FREE CASH - TO OPEB TRUST FUND99,000.00
FROM FREE CASH - TO CPE SPECIAL REVENUE FUND338,401.54
FROM FREE CASH - TO OPIOID SETTLEMENT FUND198,747.74
FROM FREE CASH - TO SALARY RESERVE FOR RETIREMENTS285,000.00
1,083,180.72
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 9: Appropriation – Capital Improvement Plan for Fiscal Year 2025. NEAR
UNANIMOUS VOTE AS DECLARED BY THE MODERATOR to appropriate the
aggregate amount of $11,515,562 to fund the capital projects identified below in the amounts
designated for each project under the heading “Select Board/Finance Committee/Town Manager
Recommendations”, and to pay all costs incidental and related to each such project:
31
FY25 CIP
Recommendations
Select BoardAuthorized to
Finance Other Funding
CommitteeSourcesBorrow under
Retained
(Grants, Chapter Earnings/ Free
Town Manager 90, CPA & Spec Raise & Cash/CIP Bond
Line #Project DescriptionRecommendationsRev)AppropriatedStabilizationProceedsChapter 44
Facilities Master Plan II$ 850,000$ -$ -$ (850,000) $ -$ -
1
Field Master Plan Implementation$ 721,545$ -$ -$ (721,545) $ -$ -
2
Building maintenenace and repairs$ 450,000$ -$ -$ (450,000) $ -$ -
3
HVAC equipment replacement
$ 400,000$ -$ -$ (400,000) $ -$ -
4
Roof replacement
$ 600,000$ -$ -$ (600,000) $ -$ -
5
Roadway Improvements FY25-FY29$ 1,215,841 $ (812,063) $ -$ (403,778) $ -$ -
6
Culvert and Drainage$ 300,000$ -$ -$ (300,000) $ -$ -
7
8 Sidewalks Reconstruction (FY25-FY29)$ 250,000$ -$ -$ (250,000) $ -$ -
9 Playground Improvements (Townwide)$ 50,000$ -$ -$ (50,000)$ -$ -
10 6 Wheel Dump Truck$ 30,000$ -$ -$ (30,000)$ -$ -
11 Municipal IT transfer core service to cloud$ 304,830$ -$ -$ (304,830) $ -$ -
12 Ambulance$ 488,346$ (338,346) $ -$ (150,000) $ -$ -
13 Former Senior Center Reuse$ 125,000$ -$ -$ (125,000) $ -$ -
14 High School Track$ 1,200,000 $ -$ -$ (1,200,000)$ -$ -
15 Districtwide exterior maintenance/renovations$ 200,000$ -$ -$ (200,000) $ -$ -
16 IT - School (FY25-FY29)$ 200,000$ -$ -$ (200,000) $ -$ -
17 Franklin Elementary Flooring$ 100,000$ -$ -$ (100,000) $ -$ -
18 School Fire Alarm System - HS$ 500,000$ -$ -$ (500,000) $ -$ -
19 Ladder truck replacement$ 1,750,000 $ -$ -$ -$ (1,750,000) $ -
General Fund Total
$ 9,735,562 $ (1,150,409)$ -$ (6,835,153)$ (1,750,000) $ -
Improvements to Water Treatment Plant355,000
$ -$ -$ (355,000) $ -$ -
20
Improv to Var Water Booster Stations/Water Storage Tanks150,000
$ -$ -$ (150,000) $ -$ -
21
Water Main Replacement600,000
$ -$ -$ (600,000) $ -
22
Water Utility Truck replacment75,000
$ -$ -$ (75,000)$ -
23
Water Enterprise Fund Total
$ 1,180,000 $ -$ -$ (1,180,000)$ -$ -
Rea Street Sewer $ 350,000$ -$ -$ (350,000) $ -$ -
24
Sewer Improvement at Police Station$ 250,000$ -$ -$ (250,000) $ -$ -
25
Sewer Enterprise Fund Total
$ 600,000$ -$ -$ (600,000) $ -$ -
Total All Funds
$ 11,515,562$ (1,150,409)$ -$ (8,615,153)$ (1,750,000) $ -
to determine whether to meet this appropriation:
(1) The appropriations identified in items 1 through 13 and 15 through 19 above shall be
funded with Free Cash in the aggregate amount of $6,835,153;
(2) The Treasurer, with the approval of the Select Board, is authorized to borrow $1,750,000
for the appropriation identified in item 20 above under Massachusetts General Laws
Chapter 44, Section 7(1), or pursuant to any other enabling authority, and to issue bonds
or notes of the Town therefor;
(3) The appropriation identified in item 6 above shall be funded with Chapter 90 state grant
funds in the aggregate amount of $812,063;
(4) The appropriation identified in item 12 above shall be funded with special revenue funds
in the aggregate amount of $338,346;
(5) The appropriations identified in items 21 through 24 above shall be funded from Water
Enterprise Fund retained earnings in the aggregate amount of $1,180,000; and
(6) The appropriations identified in items 25 and 26 above shall be funded from Sewer
Enterprise Fund retained earnings in the aggregate amount of $250,000 and from special
revenue funds in the aggregate amount of $350,000;
32
or to take any other action relative thereto.
Town Manager
Vote Required: Two-thirds (2/3) vote
Article 20: Fund Recreation Complex. MOTION FAILED BY A VOTE OF 563 IN THE
AFFIRMATIVE AND 508 IN THE NEGATIVE to raise and appropriate, transfer from
available funds, or borrow an amount not to exceed $3,800,000.00 for the purpose of making
improvements to the recreation space and parking lots alongside Chickering Road between the
North Andover Middle School and Early Child Center and currently the location of Hayes Stadium
and other fields,
or to take any other action relative thereto.
Town Manager
Vote Required: Two-thirds (2/3)
Article 10: Report of the Community Preservation Committee – Appropriation from
Community Preservation Fund. UNANIMOUS VOTE receive the report of the Community
Preservation Committee and to see if the Town will vote to raise, transfer and/or appropriate
from the Community Preservation Fund, in accordance with the provisions of Massachusetts
General Laws Chapter 44B, $8,384,648 to be spent under the direction of the Community
Preservation Committee, to meet this appropriation, $2,469,900 shall be transferred from
available funds, and the Treasurer with the approval of the Select Board, is authorized to borrow
up to $5,914,748 to pay costs of making improvements to the community recreation space and
parking lots alongside Chickering Road between the North Andover Middle School and the
Early Child Center, including Hayes Stadium and other fields, under and pursuant to Chapter
44B of the General Laws (also known as the Community Preservation Act), or pursuant to any
other enabling authority, and to issue bonds or notes of the Town th erefor.
or to take any other action relative thereto.
List of Recommended Projects – Community Preservation Fund
1. Common Bandstand $210,000
2. Patriots Park Restoration $21,000
3. Rec Plex $5,914,748 (bonded)
4. Lake Cochichewick Boat Ramp Restoration $983,900
5. NAHA Generators $75,000
6. 14-16 Brown Court $500,000
7. Stevens Estates Stables $150,000
8. 1836 Meetinghouse $480,000
9. Administrative expenses $50,000
Total for Requested Projects $2,469,900 plus bonding
33
Community Preservation Committee
Vote Required: Two-thirds (2/3) vote Majority Vote
Article 11: Set Salaries and Compensation of Elected Officials. UNANIMOUS VOTE to
fix the salary and compensation of the elected officers of the Town, as provided by
Massachusetts General Laws Chapter 41, §108 as follows,
Select Board/Licensing Commissioners, per person, per annum $5,000
Chairman of Select Board, per annum, in addition $500
School Committee, per person, per annum $5,000
Chairman, School Committee, per annum, in addition $500
Moderator, For Annual Town Meeting $500
For each Special Town Meeting $250
or to take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 16: Transfer of $750,000 from Special Education Stabilization Fund to FY24
General Fund. MAJORITY VOTE to transfer an amount not to exceed $750,000 from the
Special Education Stabilization fund to FY2024 General Fund Budget.
Or take any action relative thereto.
Select Board
Vote Required: Majority
Article 17: Transfer of funds not to exceed $1,500,000.00 from free cash to FY2024 General
Fund. MAJORITY VOTE to transfer an amount from Free Cash to the FY24 General Fund
Budget to offset the deficits costs from the August 2023 state of emergency
or take any other action relative thereto.
Select Board
Vote Required: Majority vote
Article 21: Amend District Agreement with Greater Lawrence Regional Vocational
Technical High School to Permit Hangar Lease. NEAR UNANIMOUS VOTE to approve an
amendment to the District Agreement of the Greater Lawrence Regional Vocational Technical
High School District, so as to permit the District to enter into leases of land incidental and related
to the District’s purchase of the West Side Hangar, so-called, at the Lawrence Airport in
furtherance of the District’s programs, as permitted by c. 330, §4 of the Acts of 1960, as amended,
34
or to take any other action relative thereto.
John N. Lavoie
Superintendent, GLTS
Vote Required: Majority vote
Article 22: WITHDRAWN
Article 23. Citizen Petition- Acceptance of a Public Way- Rea Street. NEAR UNANIMOUS
VOTE to accept that portion of Rea Street as a public way as laid out by the Select Board, and as
shown as “Rea Street” on a Plan entitled “Street Acceptance Plan, Rea Street, North Andover MA”
prepared for: LRC Builders, 475 Boston Road, Billerica, MA 01821, by Ranger Engineering
Group, Inc., 13 Red Roof Lane, Suite 203 Salem NH 03179, dated July 25, 2024.
Aaron Orlansky et al
Vote Required: Majority vote
Article 24. Citizen Petition- Acceptance of a Public Way- Woodlea Road. NEAR
UNANIMOUS VOTE to accept and name Woodlea Road as a public way, as laid out by the
Select Board, and as shown as “Woodlea Road” on a plan entitled, “Street Layout Plan, Woodlea
Road, North Andover, MA prepared for Ashwood Companies, Inc.; Dated July 30, 2012 revised
April 5, 2013, by Gateway Consultants, Inc.” and to accept all related restrictions and easements,
shown on the plan entitled “Special Permit and Definitive Plans Woodlea Village” recorded as
Plan No. 12873 and Plan No. 13263 at North Essex Registry of Deeds and on the above
referenced Street Layout Plan, or take any action relative thereto.
Kate R. Bargnesi et al
Planning Board Recommendation: Favorable Action contingent on the receipt of the
Conservation Restriction to be reviewed and accepted by Town Counsel.
Vote Required: Majority vote
Article 25. Citizen Petition-Amend Zoning Bylaw – By adding Article 20 Historic Barn
Overlay District. UNANIMOUS VOTE to amend the Town of North Andover Zoning Bylaw,
by adding a new Article 20 Historic Barn Overlay District to read as follows:
ARTICLE 20
Historic Barn Overlay District
§ 195-20.1 Purpose.
The purpose of this Article 20 is to allow for low-impact, limited commercial use of existing
Historic Barns in the North Andover Old Center Historic District. This will help sustain these
former agricultural buildings by providing a modest income to owners for upkeep and,
35
importantly, prolong the life of the structure by keeping the barn in use rather than disintegrating
as an unused barn, preserving iconic examples of North Andover’s historic rural character.
§ 195-20.2 Establishment and boundaries.
The Historic Barn Overlay District shall be bounded as shown on the map entitled "North Andover
Old Center Historic District 1987" attached and made part of this Article. The Town of North
Andover Zoning Map will be amended in accordance with the passage of this Article 25 at
Town Meeting.
§ 195-20.3 Relationship to underlying zoning.
The Historic Barn Overlay District is an overlay district superimposed on all underlying zoning
districts. Within the Historic Barn Overlay District, the standards for use, dimensions, and other
provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full
force, except for those sites undergoing proposed uses in accordance with Article 20. To the
extent there are conflicts between the provisions of the underlying zoning and the provisions of
the Historic Barn Overlay District, the provisions of Article 20 shall govern.
§ 195-20.4 Definitions.
For purposes of this Historic Barn Overlay District, the following definitions shall apply. To the
extent that there is any conflict between the definitions set forth in this §195-20.4 and other
sections of the Town of North Andover’s Zoning Bylaw, the definitions of this bylaw shall
govern. All other capitalized terms not specifically defined in this §195-20.4 shall have the
meaning provided in other sections of the Town of North Andover Zoning Bylaw.
1) Historic Barn: (A) is at least 50 years old; (B) retains sufficient integrity of design,
materials, and construction to clearly identify the barn as an agricultural building; and (C)
meets criteria for a historic structure by National, State, or local historic entity.
2) Design, Prototyping, and limited Office: Comprises the actions to design, fabricate, test
and analyze a prototype, a model or a mockup, or computer or software design, or private
office (without client visits). Not including manufacturing or production, or on-site
hosting of conferences.
3) Artist’s Studio: A space used by an artist for the creation of any visual art or craft,
including but not limited to, painting, drawing, photography, sculpture, and pottery; of
written works of fiction or non-fiction. Retail sales or display of art produced on the
premises by the artist are not allowable accessory uses.
§ 195-20.5 Applicability.
1) This Article 20 shall apply to any Historic Barn located within the Old Center Historic
District in existence at the time of adoption of this Article 20.
2) The commercial use of any Historic Barn shall require the grant of a special permit from
the Planning Board, as Special Permit Granting Authority (SPGA). A special permit
shall be granted consistent with the procedures and standards set forth in this Article 20
as well as in § 195-10.7.
§195-20.6 Special Permit Standards and criteria.
36
In addition to the specific criteria regarding the grant of a special permit contained in § 195-10.7
of this bylaw, the Planning Board shall issue a special permit only after consideration of the
following:
1) The proposed use will operate solely within the four walls of the Historic Barn as
they exist at the time of adoption of this Article 20, without creating any nuisance
to abutters of surrounding area and not to distract in any manner from the historic
character of the barn or property.
2) Operation of the proposed use of the Historic Barn will not result in any evidence
of activity outside those walls including, but not limited to trucks, trailers or other
types of equipment or vehicles outside of the barn (other than the maximum of
two off-street parking spaces allowed), and that this would not include any form
of retail use, or sales, or distribution from the premises, or traffic coming to and
from the structure throughout the day.
§ 195-20.7 Permitted Uses.
1) Storage of transportation vehicles, including but not limited to, boats, trailers, other
equipment and with the ability to accessorize said vehicles while being stored.
Automobile repair and auto body shops are expressly prohibited.
2) Design and prototyping a model or a mockup, or computer or software design, or a
private office (without client visits). Not including manufacturing or production, or on-
site hosting of conferences.
3) Artist’s studio
§ 195-20.8 Other uses.
All other uses are hereby expressly prohibited; except uses which are substantially similar in
character to the permitted uses enumerated above, as determined by the Planning Board.
§ 195-20.9 Information Required.
1) An applicant shall file three copies of the special permit application form, fee, and an
electronic copy, and any additional information as may be required with the Planning
Department. Once the application is deemed complete, the Planning Department will
forward the application to the Town Clerk. An application will not be deemed complete
until all required information and fees are submitted. The time periods set forth in the
Zoning Bylaw and MGL c. 40A will not start until the application has been deemed
complete and submitted to the Town Clerk.
2) Letter of Authorization from property owner.
3) Evidence supplied by the applicant of the Historical Commission’s written opinion that
the proposed location complies with the Historic Barn definition (§195-20.4.(1)).
4) A narrative describing the proposed use, proposed hours of operation, and any other
pertinent information.
5) A sketch plan showing two off-street parking spaces, if parking spaces are proposed.
§ 195-20.10 Compliance with laws, bylaws, and regulations.
37
The Historic Barn use shall be consistent with all applicable local, state and federal requirements,
including but not limited to the requirements of the Town of North Andover Zoning Bylaw and
the Town of North Andover, MA, Bylaw, Part II: General Legislation, Chapter 110 Historic
Districts (North Andover Old Center Historic District Bylaw).
§ 195-20.11 Standards.
1) The SPGA shall impose conditions reasonably appropriate to preserve the character of
the Historic Barn and of the surrounding area and otherwise serve the purpose of this
Article 20.
2) For purposes of this Article 20, any Historic Barn partially within the Old Center Historic
District shall be considered wholly within the district.
3) The Historic Barn use does not adversely affect the natural environment to the detriment
of community character and public health safety.
4) No permanent dumpster(s) shall be installed for the proposed use of the Historic Barn.
5) No new access driveway and/or curb cut(s) shall be created.
6) The maximum number of parking spaces to support the use of the Historic Barn shall not
exceed two spaces and these spaces shall be off-street and designated on an existing
paved surface. No new parking areas shall be constructed to support the use. On-street
parking spaces shall not be used to serve the use of the Historic Barn. If feasible, parking
spaces for use of the barn shall be situated where they are not visible from the street.
7) There shall be no outdoor storage, display, and/or materials, products and goods in
connection with the Historic Barn use.
8) The special permit shall be limited to the current applicant and shall lapse if the permit
holder ceases operating within the Historic Barn.
9) The hours of operation shall be set by the SPGA, but in no event shall a Historic Barn be
open to the public, nor shall any retail sale of product/services or other distribution of any
product upon the premises or via delivery from the premises.
§ 195-20.12 Nuisances prohibited.
No use shall be allowed in the Historic Barn Overlay District for Old Center Historic District
which creates a nuisance to abutters or to the surrounding areas, or which creates any hazard,
including, but not limited to any external signage, fires, explosion, fumes, gas, smoke, odors,
obnoxious dust, vapors, offensive noise or vibration, lights emanating from the structure, flashes,
glare, or electrical interference, which may impair the normal use and peaceful enjoyment of any
property, structure, or dwelling in the area.
§ 195-20.13 Severability.
In case any section, paragraph or part of this chapter is for any reason declared invalid or
unconstitutional by any court of last resort, every other section, paragraph or part shall continue
in full force and effect.
James Worden et al
38
Planning Board Recommendation: Favorable action with the following amendment:
195-20.2 be amended to add “The Town of North Andover Zoning Map will be amended in
accordance with the passage of this Article 25 at Town Meeting.”
Vote Required: Two-thirds (2/3) vote
Article 26: Citizen Petition- Historic Barn Overlay Map-WITHDRAWN
Article 27: Citizen Petition- Amend General Bylaw 160-1 and 160-2. MOTION FAILED to
amend the General By-Laws Chap. 160-1 and 160-2 to allow for trash removal of Brookside
Townhomes, by making the following changes:
Chapter 160: Solid Waste
§ 160-1: Weekly collection.
The Division of Public Works shall each week collect the refuse and trash of:
A. Residential units.
(1) Each detached single-family residence and each multiple dwelling that:
(a) Contains fewer than nine ten living units; and
(b) Is not part of any apartment or condominium complex containing nine ten living units or more.
(2) Notwithstanding the foregoing, the Town will provide customary residential trash pick-up for
the residential units of Village Green at North Andover Condominium Trust, which are located on
duly accepted public ways. Notwithstanding the forgoing, the Town will provide customary
residential trash pickup for the owner-occupied Townhouse Homes of Andrew Circle and
Brookside Homeowners Association. Townhouse Homes is a nonprofit organization of eight
(nine) residential units per building three (four) buildings total.
B. Each building used for commercial, business or industrial purposes where the amount of refuse
produced is no more than eight thirty-gallon barrels per week and the building is not a commercial,
business or industrial complex.
§ 160-2 Placement of refuse for pickup.
Service will be provided only if the refuse and trash are placed on the side of the highway in front
of said residence or multiple dwelling or building. Trash and refuse pick up will be at rear driveway
of Brookside Homeowner Townhomes.
We are requesting town pick-up of trash at 60-88 E Water St and 610-638 Chickering Rd. We
currently store our trash at the rear of our 4 buildings. We would be eligible for trash pick-up if we
put our barrels street-side. This is impractical due to the complex configuration. We now receive
other services via the driveway entrance including town recycling, NAPD response, NAFD
response, Board of Health services, USPS and other public and private enterprises.
Or take any other action relative thereto.
Patrick Hennessy
Vote Required: Majority vote
Article 28: Amend Zoning Bylaw – By adding Article 19 MBTA Multi-Family Housing
Overlay District. MOTION PASSED BY A VOTE OF 535 IN THE AFFIRMATIVE AND
253 IN THE NEGATIVE to amend the Town of North Andover Zoning Bylaw, by adding,
39
after Article 18, a new Article 19 MBTA Multi-Family Housing Overlay District to read as
follows:
ARTICLE 19
MBTA MULTI-FAMILY HOUSING OVERLAY DISTRICT
PART 1. Purpose and Intent.
§195-19.1 Purpose
The purpose of the MBTA Multi-Family Housing Overlay District (Overlay District) is to
comply with MGL c.40A, §3A. The Overlay District is also intended to pair a variety of housing
opportunities with other development(s) that may provide goods, services, Open Space, and
vibrant, walkable, pedestrian- and bicycle-friendly environments. Any development or
redevelopment brought forth under Article 19 shall include an allowable residential component
(townhouse(s) and/or multi-family residential homes).
§195-19.2 Intent
The intent of the Overlay District is to establish reasonable standards that permit and control mixed
residential, commercial, governmental, institutional, and office Uses within the Overlay District
in the Town of North Andover. Furthermore, it is the intent of this Overlay District to:
A. Control the design of commercial and residential redevelopment along Routes 114 and
125 in such a manner that encourages sound site planning, appropriate land use, and
economic redevelopment and to promote public health, safety, and welfare.
B. Encourage production of a variety of housing sizes and typologies to provide equal access
to new housing throughout the community for people with a variety of needs and income
levels;
C. Locate housing within walking distance of public transit to promote general public health,
reduce the number of vehicular miles travelled, and support economic development, and
meet community based environmental goals, including reducing greenhouse gases and
improving air quality;
D. Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-
effective development review and permitting;
E. Establish standards to allow context-sensitive design and creative site planning;
F. Preserve Open Space by locating new housing within or adjacent to existing developed
areas and infrastructure;
40
G. Support public investment in public transit and pedestrian- and bike-friendly
infrastructure;
H. Minimize visual and functional conflicts between residential and nonresidential Uses
within the Overlay District;
I. Allow for a mix of Uses within a single Structure and first-floor commercial spaces, so
long as any mixed-use proposal involves the development of townhouse(s) and/or multi-
family residential homes;
J. Accommodate a compatible mixture of townhouse(s) and/or multi-family residential
homes with other allowable Uses which together complement existing adjoining
commercial and residential Uses within the Route 114/125 transportation corridor;
K. Implement requirements as an MBTA Community whereby the Town is identified as an
Adjacent Community pursuant to the Compliance Guidelines, and in a manner consistent
with the Town of North Andover’s Action Plan for MBTA Communities, all as required
under Section 3A of MGL c. 40A;
L. Improve the gateway experience into North Andover along Routes 114 and 125; and
M. Allow flexibility under Development Project Plan Approval in the development of tracts
of land in accordance with the goals and objectives in the Town of North Andover Master
Plan.
§195-19.3 Definitions.
For the purpose of this Article 19, the following definitions shall apply and shall supersede those
set forth in Article 2. Capitalized terms used but not defined herein shall have the meanings set
forth in the Plan Approval Authority Rules and Regulations, or, if not defined therein, as set forth
in Article 2.
APPLICANT
A person, business, or organization that applies for Development Project Plan Review, or
Amended Plan Review, under this Article 19 MBTA Multi-Family Housing Overlay
District.
ADJACENT COMMUNITY
An MBTA community that (i) has within its boundaries less than 100 acres of
developable station area, and (ii) is not an adjacent small town.
ARTIST’S STUDIO
A space used by an artist for the creation of any visual art or craft, including but not
limited to, painting, drawing, photography, sculpture, and pottery; of written works of
fiction or nonfiction; or any performing art, whether for live or recorded performance,
41
including music, dance, and theater. Retail sales of art produced on-site and arts
instruction by the artist are allowable accessory uses.
AS-OF-RIGHT PROJECT
A Development Project of townhouse(s) and/or multi-family residential homes; and
possibly other allowable nonresidential Use(s) under this Article 19, but without recourse
to a special permit, variance, zoning amendment, waiver, or other discretionary zoning
approval. All As-Of-Right Projects must contain an allowable residential component.
BREWERY, DISTILLERY, and WINERY
A small, independently owned facility in which alcoholic beverages produced on-site are
bottled and sold, typically in conjunction with a bar, tavern, or restaurant use. This includes
the substantial equivalent to breweries, distilleries, and wineries.
COMPLIANCE GUIDELINES
Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the
Zoning Act as further revised or amended from time to time.
COMMUTER RAIL STATION
Any MBTA commuter rail station with year-round, rather than intermittent, seasonal, or
event-based, service.
COWORKING SPACE
A building or portion thereof consisting of a shared office environment, which contains
desks or other workspaces and facilities, including but not limited to, dedicated
workstations, office suites, meeting rooms, event space, resource, libraries, and business
or administrative support services, and is used by a recognized membership who share
the site to interact and collaborate with each other.
DESIGN GUIDELINES
The Design Standards listed in Part 6 are applicable to all Projects within the
Overlay District that are subject to Development Project Plan Approval by the Planning
Board.
DEVELOPMENT PROJECT
One or more Building(s) and/or Structure(s) that may be constructed at different times in
accordance with Article 19, not each required to be developed on an independent lot,
comprising of a stand-alone townhouse(s) and/or multi-family residential homes;
with any permitted Use or mix of Uses provided for under this Article 19. Any proposed
Development Project must include a permitted residential Use. A Development Project
shall be identified on a Development Project Plan which is submitted to the Planning Board
for Development Project Plan Review.
DEVELOPMENT PROJECT PLAN
42
A plan depicting a proposed Development Project for all or a portion of the Overlay District
and which is submitted to the Planning Board for its review and approval in accordance
with this Article 19.
DEVELOPMENT PROJECT PLAN APPROVAL
A determination, following the completion of a Development Project Plan Review, made
in the form of a written decision by the Plan Approval Authority (PAA) finding that the
proposed plan for the Development Project is in compliance with the standards and
criteria for which a site located within the Overlay District must meet under the
procedures established herein.
DEVELOPMENT PROJECT PLAN REVIEW
The review procedure established by this Article 19 and administered by the Plan Approval
Authority. While similar to Site Plan Review as established in Article 8, Part 3 of the
Zoning Bylaw, Development Project Plan Review as used and referenced in this Article 19
is a separate and distinct process not subject to Article 8, Part 3 of the Zoning Bylaw.
DRIVEWAY or DRIVE LANE
A portion of the Overlay District designed for vehicular access to off-street parking or
loading space or to a garage. For purposes of this Article 19, a Driveway or Drive Lane is
distinguished from a "Roadway" as defined below.
EOHLC
The Executive Office of Housing and Livable Communities, the housing secretariat and
organization within the Commonwealth of Massachusetts which was created by Chapter 7 of
the Acts of 2023, and “Act to Create the Executive office of Housing and Livable
Communities and to Rename the Executive Office of Economic Development,” and which
became effective on May 4, 2023 or any successor agency.
FLOOR AREA RATIO
The ratio of the floor area to the Overlay District land area, as determined by dividing the
total Gross Floor Area of all existing Buildings and any Development Project proposed
within the Overlay District pursuant to a Development Plan by the land area of the Overlay
District.
GOVERNING LAWS
G.L. Chapter 40A, the State Zoning Act, as amended.
GROSS DENSITY
A units-per-acre density measurement that includes land occupied by public rights-of-way
and any recreational, civic, commercial and other nonresidential uses.
HOTEL, BOUTIQUE INN
43
A small lodging facility with between 6 and 20 guest rooms that are rented to occupants on
a daily basis for not more than 14 consecutive days. Access to each guest room shall be
through an inside lobby supervised at all hours.
LANDSCAPED BUFFER
A planted area intended to provide, when mature, a visual screen around the perimeter of
the Overlay District where it abuts a residential District. Landscaped buffers may include
existing vegetation, new plantings and/or lawn areas. Fencing may form a part of the
Landscaped Buffer or screening where appropriate or dictated by topography or other
considerations.
LANDSCAPING
Improvements to land to enhance its attractiveness and facilitate its use and enjoyment.
Landscaping may include walks, terraces and the like, fencing, stone walls or other
decorative walls, site furnishings, grading and reshaping of earth contours, planting, and
lawn areas. Landscaping may also include existing natural areas indicated to remain and/or
be renovated.
LOT COVERAGE
The percent of the Overlay District covered by Principal and Accessory Structures. Lot
coverage does not include surface parking.
MAKER SPACE
A building or portions thereof used for on-site production of parts or finished products by
individual or shared use of hand-tools, mechanical tools, and electronic tools. Maker Spaces
may include space for design and prototyping of new materials, fabrication methodologies,
and products, as well as space for packaging, incidental storage, sales, and distribution of such
projects. Typical uses include but are not limited to the following: electronic goods;
printmaking; leather products; jewelry and clothing/apparel; metal work; furniture;
woodworking and cabinet shops; glass or ceramic production and paper design and production.
MBTA
Massachusetts Bay Transportation Authority.
MBTA COMMUNITY
A city or town that is: (i) one of the 51 cities and towns as defined in section 1 of chapter
161A; (ii) one of the 14 cities and towns as defined in said section 1 of said chapter 161A;
(iii) other served communities as defined in said section 1 of said chapter 161A; or (iv) a
municipality that has been added to the Massachusetts Bay Transportation Authority under
section 6 of chapter 161A or in accordance with any special law relative to the area
constituting the authority.
MIXED-USE DEVELOPMENT
44
Development Project containing a mix of allowable residential Uses (townhouse(s) and/or
multi-family); with allowable non-residential Uses as set forth in this Article 19.,
MULTI-FAMILY RESIDENTIAL USE
A building with three (3) or more residential dwelling units or two (2) or more buildings on
the same lot with more than one (1) residential dwelling unit in each building.
MBTA MULTI-FAMILY HOUSING OVERLAY DISTRICT
A zoning district, in which townhouse and multi-family housing is allowed as-of-right.
OPEN SPACE
The portion of the Overlay District not occupied by Buildings, Parking Areas or Parking
Garages, Roadways, Driveways and Drive Lanes, but which shall include, among other
areas, all landscaped, patio areas and stormwater management facilities, all un-built areas,
all sidewalks and walkways, and all swimming pools, tennis courts and other recreational
facilities primarily open to the sky, whether or not landscaped.
OVERLAY DISTRICT
The North Andover MBTA Communities MBTA Multi-Family Housing Overlay District
established in accordance with this Article 19.
PAA RULES and REGULATIONS
The rules and regulations of the PAA that may be adopted for the administration of Article
19, which may include but not be limited to defining the application and submittal
requirements, fees, reimbursement for consultants, performance guarantees, and procedural
requirements for any approvals required pursuant to Article 19. Such Rules and Regulations
shall not take effect until filed with the Town Clerk.
PARKING, STRUCTURED
A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking
area that is underneath all or part of any story of a structure; or a vehicle parking area that is
not underneath a structure, but is entirely covered, and has a parking surface at least eight
feet below grade. Structured Parking does not include surface parking or carports, including
solar carports.
PARKING, SURFACE
One or more parking spaces without a built structure above the space. A solar panel designed
to be installed above a surface parking space does not count as a built structure for the
purposes of this definition.
PLANNING BOARD
See Plan Approval Authority.
PLAN APPROVAL AUTHORITY (PAA)
45
For purposes of reviewing Development Project applications and issuing decisions on
Development Projects within the Overlay District, the Planning Board shall be the Plan
Approval Authority (PAA) and, consistent with MGL c. 40A, shall be the Special Permit
Granting Authority as provided herein, and the PAA is authorized to issue a Development
Project Plan Approval and grant special permits to implement a Development Project.
RESIDENTIAL DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
RECREATIONAL USES
Active recreational uses, including but not limited to ball fields; and passive recreational
uses, including but not limited to walking and bicycle paths. Amusements or motorized
Uses shall not be considered eligible recreational uses.
ROADWAY
A main vehicular access corridor adjacent to the Overlay District, as referred to in §195-
19.29 herein. A Roadway is not a "Driveway" or "Drive Lane" as defined above.
SECTION 3A
Section 3A of the Zoning Act, G.L. c. 40A which provides, in part, that an MBTA
Community shall have a zoning ordinance that provides for at least 1 district of reasonable
size in which townhouses or multi-family housing is permitted as-of-right; provided,
however, that such multi-family housing shall be without age restrictions and shall be
suitable for families with children. For the purposes of this section, a district of reasonable
size shall: (i) have a minimum gross density of 15 units per acre, subject to any further
limitations imposed by Section 40 of Chapter 131 and title 5 of the state environmental code
established pursuant to Section 13 of Chapter 21A; and (ii) be located not more than 0.5
miles from a Commuter Rail Station, subway station, ferry terminal or bus station, if
applicable.
SPECIAL PERMIT GRANTING AUTHORITY
The Special Permit Granting Authority shall include the Select Board, Planning Board,
Zoning Board of Appeals, or zoning administrators as designated by the Zoning Bylaw for
the issuance of special permits.
SUBDISTRICT
A specific and defined area of land within the Overlay District that is subject to specific
requirements for allowable Uses and/or other requirements that may differ from the
requirements for allowable Uses and/or other requirements in other specific and defined areas
within the Overlay District. The boundaries and the names of the Subdistricts are referred to
in § 195-19.8 herein.
TOWNHOUSE RESIDENTIAL USE
An attached house in a row of three or more such houses capable of being sold as an
independent dwelling with its own lot, as provided by this bylaw.
46
UNDERLYING ZONING DISTRICT(S)
The zoning district or districts otherwise established by the Zoning Bylaw and shown on the
Zoning Map without regard to this Article 19.
USE
The purpose for which a Structure or land is used or intended to be used for those allowable
purposes described in the Article 19.
ZONING ACT
G. L. Chapter 40A, §§ 1-17, as amended, or the State Zoning Act.
ZONING BYLAW
The Zoning Bylaw of the Town of North Andover, as amended.
PART 2. Overlay District.
§195-19.4 Establishment and Applicability
The Town of North Andover shall establish the MBTA Communities MBTA Multi-Family
Housing Overlay District, hereinafter, referred to as the Overlay District, pursuant to Section
3A of G.L. Chapter 40A. The Overlay District, having a land area of approximately 93 acres in
size, is known as the MBTA Multi-Family Housing Overlay District is superimposed over the
underlying zoning district(s), and is shown on the Zoning Map as set forth on the map entitled
“MBTA Multi-Family Housing Overlay District Map,” prepared by the Office of Community
and Economic Development. This map is hereby made a part of the Zoning Bylaw and is on file
in the Office of the Town Clerk.
§195-19.5 Establishment; Map.
The Overlay District is an overlay district having land area of approximately 93 acres in size, as
more particularly shown on the map entitled “MBTA Multi-Family Housing Overlay District
Map”, prepared by Merrimack Valley Planning Commission, dated February 2, 2024. This map
is hereby made a part of the Zoning Bylaw and is on file in the office of the Town Clerk (the
“MBTA Multi-Family Housing Overlay District Map”). The Town of North Andover Zoning Map
will be amended upon passage of this Article 19 at Town Meeting as if independently voted upon.
§195-19.6 Applicability and Relationship to Underlying Zoning District.
An Applicant proposing a Development Project may elect to proceed with the filing for a
Development Project located within the Overlay District in accordance with the provisions of the
Governing Laws and this Article 19. In such case, notwithstanding anything to the contrary in the
Zoning Bylaw, such Development Project shall not be subject to any other provisions of the Zoning
Bylaw, except where otherwise provided in this Article 19.
§195-19.7 Underlying Zoning
47
The Overlay District is an overlay district superimposed on the applicable Underlying Zoning
Districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw
governing the applicable Underlying Zoning District(s) and other applicable overlay districts
shall remain in full force, except for those Development Projects undergoing development
pursuant to this Article 19 MBTA Multi-Family Housing Overlay District. Within the
boundaries of the Overlay District, a developer may elect either to develop a Development
Project in accordance with the requirements of the Overlay District, develop a project under any
other applicable overlay district, or to develop a project in accordance with requirements of the
regulations for use. Uses proposed in the Underlying Zoning District(s) are governed by the
requirements of the Underlying Zoning District.
§195-19.8 Subdistricts
The Overlay District contains two Subdistricts, each hereby established and all in the locations
shown on the MBTA Multi-Family Housing Overlay District Map, including: (i) Subdistrict 1
North Andover Mall, containing approximately 34.65 acres and (ii) Subdistrict 2 Osgood
Landing, containing approximately 57.68 acres, all as depicted on the Zoning Map.
The purpose of Subdistrict 1 and Subdistrict 2 is to: (i) allow Development Projects which
increase the efficiency of land use on land which is substantially developed area; (ii) to allow
Development Projects which may include townhouse(s) and/or multi-family residential homes;
or a mixture of allowable housing with complementary land uses such as, retail, offices,
commercial services, and civic Uses; (iii) promote a diversity of housing types, emphasize and
encourage pedestrian and bicycle circulation; and (iv) appropriately transitioning from
commercial and residential properties abutting the Overlay District.
PART 3. Administration, Enforcement.
§195-19.9 Administration Authority
The provisions of this Article 19 shall be administered by the Planning Board, as the PAA, except
as otherwise provided herein.
§195-19.10 Enforcing Authority; Building permit required.
This Article 19 shall be enforced by the Building Commissioner, except as otherwise provided
herein. No Structure shall be constructed, reconstructed, enlarged, altered, moved, removed or
demolished as part of a Development Project governed by this Article 19 without obtaining a
building permit.
PART 4. Permitted Uses.
§195-19.11 Development Project.
Overview. A Development Project proposed pursuant to this Article 19 shall be submitted for
Development Project Plan Review along with a Development Project Plan consistent with the
provisions of Article 19: MBTA Multi-Family Housing Overlay District.
48
The following Uses are permitted, as more specifically described below:
§195-19.12 Permitted Uses.
In the Overlay District, no land shall be used and no Building or Structure shall be reconstructed,
erected, altered or used for any other purpose than of one or more of the following Uses described
below.
A. As-of-Right Project. The following Uses shall be permitted as-of-right in Subdistrict 1
and Subdistrict 2 upon issuance of a Development Project Plan Approval pursuant to the
provisions of this Article 19. An As-Of-Right Project shall include a Townhouse
Residential Use and/or a Multi-Family Residential Use; and may or may not include one
or more of the following allowable non-residential uses:
1. Recreational Uses;
2. Maker Space;
3. Coworking Space
4. Open Space;
5. Retail sales establishments, of no more than 15,000 square feet of Gross Floor Area;
6. Restaurants, cafes, or other establishments serving food and/or beverages,
establishments of no more than 15,000 square feet of Gross Floor Area;
7. Brewery, Distillery, and/or Winery, of no more than 15,000 square feet of Gross
Floor Area;
8. Personal service establishments;
9. Public Buildings or Uses and public service corporations;
10. Veterinary hospital or kennel;
11. Professional Offices, including, but not limited to, banks (including ATMs), real
estate offices, insurance offices, physician offices, clinics, dentists, attorneys,
architects, engineers or accountants;
12. Business Offices, including, but not limited to banks (including ATMs whether
attached or detached) and financial institutions;
13. Uses exempt by statute (MGL c. 40A, § 3);
49
14. Artist’s studios, galleries or museums;
15. Solar Energy Systems, in accordance with Article 8 Part 12;
16. Parking accessory to any of the above permitted Uses, including surface, garage-
under, and structured parking (e.g., parking garages) and surface parking
accessory to any permitted Uses in the Overlay District;
17. Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and
infrastructure, signage and similar ancillary improvements supporting any
permitted Uses in the Overlay District; and
18. Any Accessory Use customarily incident to any of the above permitted Uses, provided
that such Accessory Use shall not be injurious, noxious, or offensive to the
neighborhood.
B. Uses by Special Permit.
Applications for special permits for Article 19 and all other necessary special permits shall
be submitted and reviewed concurrently with the Development Project Plan. The following
Uses may be allowed in the Overlay District by granting of a special permit pursuant to
Article 8, Part 3, and §195-10.7 of the zoning bylaw, so long as each proposed development
project contains at least one permitted residential Use (townhouse(s) and/or multi-family
residential homes), and one or more of the following:
1. Retail sales establishments, of more than 15,000 square feet of Gross Floor Area; or
grocery stores of more than 25,000 square feet of Gross Floor Area;
2. Restaurants, cafes, or other establishments serving food and/or beverages,
establishments of more than 15,000 square feet of Gross Floor Area;
3. Brewery, Distillery, and/or Winery, of more than 15,000 square feet of Gross Floor
Area;
4. Assisted living units and facilities, independent elderly housing, congregate housing,
nursing and convalescent homes; continuing care retirement center;
5. Hotel, Boutique Inn, including customary accessory uses associated with hotel use
such as spa, restaurant, conference room, banquet facilities;
6. Halls, clubs, theaters, or other places of indoor amusement or assembly, including but
not limited to arenas, theaters, indoor ice skating facility, and indoor recreation,
fitness, and health care facility. Adult uses shall be expressly prohibited; including
50
but not limited to: Adult Bookstore, Adult Cabaret, Adult Motion-Picture Theater,
Adult Paraphernalia Store, Adult Use, Adult Video Store;
7. Retail Plaza not to exceed 150,000 square feet of Gross Floor Area, where any single
user cannot exceed 65, square feet of gross floor area;
8. Technical office for research and development, including laboratory and research
facilities;
9. Private school for profit;
10. Incubator or business park;
11. Manufacturing;
12. Medical Center;
13. Commuter Rail Station;
14. Halls, clubs, theaters, or other places of indoor amusement or assembly, including but
not limited to arenas, theaters, indoor ice skating facility, and indoor recreation,
fitness, and health care facility, establishments of greater than 20,000 square feet of
Gross Floor Area;
15. Accessory Uses and Accessory Buildings customarily incidental to the Uses above.
§195-19.13. Other Uses.
All other Uses are hereby expressly prohibited; except Uses which are substantially similar in
character to the permitted Uses enumerated above in §§ 195-19.12, as determined by the PAA,
which shall be treated as requiring a special permit to be issued by the PAA.
§195-19.14. Provisions for Affordable Housing
A. Developments requiring Development Project Plan Review and Development Project
Plan Approval in accordance with Article 19 are subject to Article 8 Supplementary
Regulations, Part 13 Inclusionary Housing Requirement of the North Andover Zoning
Bylaw, except for the requirements for granting of a special permit. Compliance with
inclusionary zoning requirements will be reviewed during Development Project Plan
Review.
B. If EOHLC determines in writing that the Town has not shown the requirement for 15% of
the total housing units in the development subject to the Inclusionary Housing
Requirement bylaw to be economically feasible, at least 10% of the dwelling units in any
Development Project, or an alternatively higher percentage that EOHLC determines to be
economically feasible, shall be Affordable Housing Units compliant with Article 8
51
Supplementary Regulations, Part 13 Inclusionary Housing Requirement of the North
Andover Zoning Bylaw, except for the requirements for granting of a special permit.
§195-19.15. Criteria for Special Permit Approval by Plan Approval Authority.
A. Any Development Project component for which a special permit is required to be issued
by the PAA, as Special Permit Granting Authority pursuant to MGL c. 40A, §9 shall only
be issued in accordance with the requirements of this § 195-19.15.
B. The PAA may grant a special permit within the framework of this Article 19 only after
holding a public hearing, which must be held within 65 days after the Applicant files for
such special permit. Once the application is deemed complete, the Planning Department
will forward one copy of the application to the Town Clerk. An application will not be
deemed complete until all required information and fees are submitted. The time periods
set forth in this Zoning Bylaw and MGL c. 40A will not start until the application has
been deemed complete and submitted to the Town Clerk.
C. The PAA shall not approve any such application for a special permit unless it finds
that in its judgment all the following conditions are met:
1. The specific site is an appropriate location for such a Use, Structure or condition;
2. The Use as developed will not adversely affect the neighborhood;
3. There will be no nuisance or serious hazard to vehicles or pedestrians;
4. Adequate and appropriate facilities will be provided for the proper operation of the
proposed Use;
5. With regard to a special permit, the Plan Approval Authority shall not grant any
Special Permit unless it makes a specific finding that the Use is in harmony with the
general purpose and intent of this Zoning Bylaw; and
6. The Use for which the special permit is sought complies with the dimensional and
other criteria described in Parts 6 through 7 of this Article 19 unless otherwise waived
as provided therein.
D. In approving a special permit, the Plan Approval Authority may attach conditions and
safeguards only to the portion of the Development Project requiring a special permit as
are deemed necessary to protect the neighborhood, such as, but not limited to, the
following:
1. Requirements of front, side, or rear yards to the perimeter of the Overlay District
greater than the minimum required by this bylaw;
52
2. Requirements of front, side, or rear yards to property lot lines greater than the
minimum required by this bylaw;
3. Requirements of screening parking areas or other parts of the premises from adjoining
premises outside of the Overlay District or from a public street, by walls, fences,
planting, or other devices as specified by the Plan Approval Authority;
4. Modification of the exterior features or appearances of the Structure;
5. Limitation of size, number of occupants, method or time of operation, or extent of
facilities; and
6. Regulation of number, design and location of access drives or other traffic features if
not otherwise shown on the Development Project Plan;
7. The Special Permit Granting Authority, at its discretion, may include conditions
regarding post project studies, such as parking monitoring reports, photometric
studies that compare actual results verse proposed results, traffic studies to compare
actual trips verse proposed trip counts, or studies to monitor other potential impacts
on the surrounding area.
E. Special permits granted under the provisions contained herein shall be deemed to have
lapsed after a two-year period from the date on which the special permit was granted
unless substantial use or construction has commenced (in the case of a phased
Development Project, this includes the substantial use or commencement of construction
any phase of the Development Project). If the Applicant can show good cause why
substantial use or construction has not commenced within the two-year period, the Plan
Approval Authority, at its discretion, may extend the special permit for an additional one-
year period. Included within the two-year period stated above is the time required to
pursue or await the determination of an appeal from the provisions of the bylaw.
F. The Plan Approval Authority shall also apply the same dimensional, design and other
criteria described in Parts 6 through 7 of this Article 19 as applied to As-of-Right Projects
unless otherwise waived as provided therein.
G. Within 90 days following the date of the close of the public hearing, the Plan Approval
Authority shall take final action in the matter in order to issue a special permit provided
for in this Article 19 in accordance with the provisions of MGL c. 40A.
H. Filing of decision; appeal.
1. A special permit granted under the provisions of this bylaw shall not take effect until
the Town Clerk certifies on a copy of the decision that 20 days have elapsed without
filing of an appeal or that any appeal filed has been dismissed or denied, and the
53
certified decision has been recorded at the owner's expense in the Essex County
Registry of Deeds indexed in the grantor index under the name of the record owner,
and noted on the owner's certificate of title; and
2. The appeal of a special permit granted or denied hereunder shall be made in
accordance with the provisions of MGL c.40A § 17.
I. At the discretion of the PAA, an Applicant seeking approval of a Development Project
including both As-of-Right Projects as well as Uses requiring a special permit may
combine such applications for Development Project Plan Review and a special permit(s)
into a single application, and the PAA may combine both hearings and issue a single
decision on such a combined Development Project, provided that all requirements for the
As-of-Right Project are complied with in accordance with this Article 19, and with
respect to Uses allowed by special permit, are complied with in accordance with MGL c.
40A.
PART 5. Development Project Phasing.
The PAA, as a condition of any Development Project Plan Approval, may require an Applicant
to establish and comply with additional requirements beyond those set forth in the Development
Project’s construction management and phasing plan to mitigate any extraordinary adverse
impacts from phased construction on nearby properties.
PART 6. General Design Guidelines
§195-19.16. Intent.
In order to ensure high-quality development within the Overlay District and to ensure design that
respects the built and natural character of North Andover, the following Design Guidelines are
established. These Design Guidelines provide goals and standards that are intended to be
flexible, and applied by the Plan Approval Authority as appropriate to a Development Project
undergoing Development Project Plan Review to enable the revitalization of the purpose of this
Overlay District. While these Design Guidelines apply to all site improvements including but not
limited to Buildings and Structures, it is not the intent of this section to prescribe or proscribe use
of materials or methods of construction regulated by the State Building Code, but rather to
enhance the appearance of the built environment within the Overlay District. In the case of
inconsistency between the Development Project Plan and applicable federal and state law,
including without limitation the State Building Code or life safety codes and these Design
Guidelines, federal and state laws shall govern. In the course of reviewing a Development
Project during Development Project Plan Review, the PAA shall have discretion in the
application of these Design Guidelines to the Development Project and may waive strict
adherence to any of these Design Guidelines, in finding that the Development Project is
consistent with the purpose and intent of this Article 19.
§195-19.17. Building and Structure placement.
54
Consideration shall be taken in the placement of Buildings and Structures in the Overlay District
to:
A. Provide for a Landscaped Buffer of Buildings and Structures to residential Districts
adjacent to the Overlay District. Such buffering may include, but is not limited to:
Landscaping, screening materials, natural barriers, fencing, and related measures;
B. Dwelling Units may be situated in a single Structure or in multiple Structures.
C. Nonresidential Uses are preferred, but not required, to be located in Buildings containing
residential uses as long as the nonresidential Use and Building are designed to
complement the primary residential use.
D. For Buildings which include a mix of residential and nonresidential Uses, the Dwelling
Units in such Buildings shall be situated over the allowed nonresidential space.
Buildings may also be constructed which contain either solely residential uses or solely
nonresidential Uses;
E. Development Projects shall appropriately screen rooftop equipment to minimize visual
impacts;
F. Orient Buildings to any adjacent usable Open Space, with access to the Building opening
onto or accessible to the usable Open Space.
G. Provide street trees with tree grates or in planter strips, using appropriate species to
provide summer shade. Species should be native, resistant to salt and drought, and be
tolerant of urban conditions;
H. Orient Structures to provide pedestrian entrances to any adjoining sidewalks;
I. Locate trash collection and dumpster locations in appropriate locations, screened to avoid
adverse impacts on neighboring properties to the Overlay District. Within a Development
Project, the containment of all solid waste storage and handling within the Building(s) of
the Development Project is encouraged; and
J. Locate any loading docks or areas associated with the Development Project to minimize
(visual and operational) impacts on the site and on neighboring properties to the Overlay
District.
§195-19.18. Open Space.
A. Create Open Space parks within the Development Project which are programmed to
encourage outdoor use, with benches, street furniture and pedestrian scale lighting which
is Dark Sky compliant;
55
B. Enhance existing wetland values within the Overlay District, including preservation or
restoration of buffer zones wherever possible;
C. Use landscape materials that are native, sustainable, requiring minimal irrigation or
fertilizer;
D. Encourage alternative and green paving materials to minimize stormwater run-off; and
E. Encourage the location of Open Space areas which are appropriate for outdoor use, with
dense screening of Open Space areas to buffer such areas from visual and noise impact.
§195-19.19. Building Massing/Articulation.
Consideration shall be made in the design and massing of Buildings in order to:
A. Avoid unbroken Building facades longer than 100 feet. Buildings shall not be longer than
280 feet in length, unless waived by the PAA. In approving Building lengths that exceed
280 feet, the PAA must find that pedestrian circulation is enhanced by the provision of
archways, passageways, or other similar throughways;
B. Foster integration of Uses in mixed-use Buildings where appropriate, so long as the
overall project includes townhouse(s) and/or multi-family residential homes;
C. Provide a variety of Building Heights and varied roofline articulation for Buildings and
Structures within the Overlay District; and
D. Orient Buildings on corners to the corner and public street fronts, where practical.
Parking and automobile access shall be located away from the corners, where practical.
§195-19.20. Building Appearance and Treatment.
To the extent not inconsistent with or preempted by the State Building Code, the following shall
be considered as applicable:
A. Architecture should demonstrate the cohesive planning of the development and present a
clearly identifiable design feature throughout. It is not intended that buildings be totally
uniform in appearance or that designers and developers be restricted in their creativity,
rather:
1. Cohesion and identity should be demonstrated in similar Building scale or mass;
2. Consistent use of facade materials; similar ground-level detailing, color or signage;
3. Consistency in functional systems such as Roadway or pedestrian-way surfaces,
signage, and Landscaping; and
4. The framing of outdoor Open Space and linkages, or a clear conveyance in the
importance of various Buildings and features on the site.
56
B. Preferred exterior Building siding materials include brick, stone, wood, cement and
composite materials and other types of exterior siding materials upon a determination by
the PAA that the quality of such siding will not detract from the aesthetics of the
proposed Buildings.
C. New Buildings. The design of new Buildings shall incorporate one or more of the
following architectural features such as:
1. Transom or clerestory windows above entrances, display windows and projected bay
windows are encouraged within commercial and retail developments.
2. For upper stories (floors 2 and above), multiple-paned windows that divide large
areas of glass into smaller parts shall be used.
3. Incorporate Building entry treatments that are arched or framed and protect people
from the elements.
4. Non-reflective storefront windows and transoms; architectural detailing on the first
floor; and detailing at the roofline.
5. Ground floor: transparent, open facades for commercial Uses at street level;
6. Middle floors: architectural features may include change in materials and color and/or
texture that enhance specific elements of the Building and break up massing; and
7. Top floors. Clearly distinguish tops of Buildings from the facade walls by including
detail elements such as steep gables with overhangs, parapets and cornices.
§195-19.21. Development Environment.
A. Pedestrian Open Spaces and entrances.
1. Entries for residential uses on the street (rather than from the rear of the property);
2. Landscaped space and pedestrian connectivity shall be designed and located to
provide sufficient and safe access throughout the development and/or abutting
residential neighborhoods. An alternative to a sidewalk, such as an asphalt path or
trail, which better serves the purpose of connecting Development Project elements
and the community, may also be used;
3. Sidewalks shall be surfaced with concrete, brick, or stone materials unless waived by
the PAA; minimum width shall be five feet unless waived by the PAA; and
4. Benches for seating shall be provided near retail entrances and at bus stops. At bus
stops, such benches shall offer protection from the weather.
57
B. Commercial uses shall be designed and operated, and hours of operation limited where
appropriate, to minimize impacts on adjoining residential uses from traffic or late-night
activity.
§195-19.22. Sustainable Design
The proposal for the build environment should reflect thoughtful consideration of a broad range
of sustainability goals. Such design should be consistent with and further the goals of the Town.
In determining whether the intent of this Section has been satisfied, the Planning Board shall
consider he extent to which the design plan incorporates the following:
A. Low Impact Development for Stormwater Design. Low impact development relies on
natural features (indigenous to the site or bio-designed) to protect water quality and
encourage on-site infiltration of stormwater. Such measures may include use of natural
drainage flow paths, minimization of the creation of impervious surfaces (through
building clustering, minimizing size and footprint of buildings and paved areas, use of
pervious surfaces where practical).
B. Energy Efficiency and Clean Energy Usage. Use of energy efficient appliances and
HVAC systems is desired. All-electric buildings, with no fossil-fuel usage, and the use
of more sustainable forms or energy production, such as geothermal and solar, are
encouraged.
C. Energy Efficient Building Design. The building envelope and components (Building
framing, insulation, windows, HVAC systems) should be designed to maximize energy
conservation.
D. Building layout. The arrangement of building on the site and the accompanying
infrastructure minimizes impervious surface area and minimizes contiguous open space
for both residents and wildlife.
E. Ways to Minimize Greenhouse Gas Emissions. Maintaining or proposing new vegetation
to maximize carbon sequestration on site. Selection of HVAC systems and appliances to
encourage use of renewable energy sources. Construction design to minimize emissions
from construction vehicles.
F. Other green building, energy efficiency, sustainability measures. The applicant may
propose other measures that fit within the broad rubric of sustainable site planning,
design, and construction.
§195-19.23. Landscaping.
The landscape design shall strive to provide greenery so that streets and access drives are lined
with shade trees, large paved areas are visually divided and screened and buffers are provided
58
within and around the Development Project. Said landscape design shall be prepared and
stamped by a registered landscape architect. Landscaping criteria are as follows:
A. Native trees and shrubs as listed by the Massachusetts Natural Heritage & Endangered
Species Program Massachusetts Division of Fisheries and Wildlife.;
B. Provide hedges or continuous shrubs to screen parking areas from streets, where
practical;
C. Landscape screening shall consist of planting, including evergreens, the plantings to be of
such height, depth as needed to sufficiently screen from view of abutting residential areas
any unshielded light source, either inside or outside;
D. All Buildings shall have foundation Landscaping, where practical;
E. All islands and landscape areas shall be of a minimum width and size to support healthy
plant growth;
F. All open areas, exclusive of areas to remain in an existing natural state, shall be
landscaped, utilizing both natural and man-made materials such as indigenous grasses,
trees, shrubs, and attractive paving materials and outdoor furniture;
G. Deciduous trees shall be placed along new and existing streets and ways. Street trees
shall be located every 30 feet on center along both sides of the Roadway within the
Overlay District, or every 40 feet where trees are adjacent to parallel parking;
H. Outdoor lighting shall be considered in the Landscaping plan and requires the submission
of a photometric lighting plan. Cutoff shields shall be used to minimize glare and light
spillover onto abutting property. Ornamental streetlights, 16 feet maximum height on
minor roads and 24 feet maximum height on major roads;
I. Preservation of existing vegetation or tree-lined areas shall be maintained where possible;
and
J. Landscaped, required Open Space and green areas, in addition to serving as visual
amenities shall be employed to reduce the rate and volume of stormwater runoff
compared to pre-development conditions; for that reason, Department of Environmental
(DEP) Stormwater best management practices and other measures to minimize runoff and
improve water quality shall be implemented.
§195-19.24. Lighting.
A. All lighting used to illuminate residential and commercial parking lots, loading bay or
Driveway shall have underground wiring and shall be so arranged that all direct rays from
such lighting falls entirely within the parking, loading or Driveway area;
59
B. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and
residential properties, while also providing a sufficient level of illumination for access
and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually
high intensity of brightness;
C. Parking areas shall be illuminated to provide appropriate visibility and security during
hours of darkness;
D. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does
not produce direct light spillover beyond the Overlay District boundaries except for
purposes of public safety, and shall be directed toward the object or area to be
illuminated. Light shall be directed away from residences;
E. Lighting of the Overlay District shall be adequate at ground level for the protection and
safety of the public in regard to pedestrian and vehicular circulation. The glare from the
installation of outdoor lights and illuminated signs shall be contained on the property and
shall be shielded from abutting properties, except as may be necessary for public safety
purposes;
F. Lighting in display windows to illuminate the sidewalk is recommended;
G. Architectural lighting to complement the architecture of the Structure, including
transparent windows allowing views into and out of the Structure;
H. Fixtures that produce glare or that spill light to adjoining sites are prohibited; and
I. Installation of pedestrian light fixtures as part of a Development Project’s sidewalk
improvements is strongly encouraged.
§195-19.25. Parking Lot Landscaping.
A. Parking areas and lots shall use Landscaping and terracing to break up large areas of
pavement. The following minimum screening and Landscaping requirements shall apply
for all lots with more than six parking spaces where the edge of the lot abuts a property
adjacent to the Overlay District:
1. A strip of land at least six feet wide (may be part of required yard setbacks) with trees
or shrubs densely planted, to create at least an impervious screen, at least four feet high
at the time of planting and which are of a type that may be commonly expected to form
a year-round impervious screen at least five feet high within three years;
2. If a natural screen as described in Subsection A(1) above cannot be attained,
consideration shall be given to installing a wall or fence of uniform appearance at least
five feet high above finished grade. Such a wall and/or fence may be perforated,
provided that not more than 25% of the face is open; and
60
3. All required screening, as described in Subsection A(1) and (2) above, shall be
maintained in good condition at all times. Such screening may be interrupted by
entrances or exits, and shall have no signs attached thereto other than those permitted
in the Overlay District.
B. For all off-street parking areas of 18 or more spaces the following criteria shall also apply:
1. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted
at least one tree for every 30 linear feet. In the interior part of an outdoor parking lot
where two rows of parking spaces containing a total of twelve or more parking spaces
face each other, a landscaped Open Space not less than six feet in width shall be
provided. The landscaped strip may be provided either:
a. Between the rows of parking spaces parallel to the aisle; or
b. In two or more strips parallel to the spaces and extending from the aisle
serving one row of spaces to the aisle serving the other row of spaces; and
2. Trees required by this subsection shall be at least 2.5 inches in diameter at a height four
feet above the ground at time of planting and shall be of a species characterized by
suitability and hardiness for location in a parking lot. To the extent practicable, existing
trees shall be retained and used to satisfy this section. Native trees and shrubs as
described by the Massachusetts Natural Heritage & Endangered Species Program
Massachusetts Division of Fisheries and Wildlife shall be planted wherever possible.
§195-19.26. Pedestrian Amenities and Recreation.
Development shall include the following components:
A. A Development Project Plan should maximize pedestrian transit-oriented development.
Specifically, they should use "traffic-calming" techniques liberally; provide networks for
pedestrians as good as the networks for motorists; provide pedestrians and bicycles with
shortcuts as alternatives to travel along high-volume streets within the Overlay District;
provide long-term, covered bicycle parking areas; incorporate transit-oriented design
features; and establish travel demand management programs at employment centers;
B. Pedestrian-oriented features such as walkways, pergolas, outdoor sitting plazas, landscaped
Open Space, drop-off areas, and recreational facilities shall be encouraged in the
development of the Development Project Plan, and bike racks shall be provided in
appropriate locations throughout the Overlay District; and
C. Tree-lined or otherwise appropriately landscaped pedestrian paths and walkways shall link
together areas designated as Open Space within the Overlay District, and wherever
possible, to adjoining public areas.
§195-19.27. Signage Associated with Residential Uses.
A. Signs for the residential components of the Development Project Plan shall be limited to
three types of signs: name of residential project, orientation and direction, and
61
identification of common Building spaces. At each principal entrance to the residential
Development Project, only one sign identifying only the name and address of the
Development Project shall be permitted. Signs shall be made of natural materials, or have
a natural appearance, and may not be interiorly illuminated. The PAA shall require the
Applicant to submit a signage master plan showing the overall design, location, size and
material for all proposed signs within the Development Project.
B. The following signs are prohibited in the Overlay District: roof signs, interiorly illuminated
and ground signs (except those associated with the Development Project entrance).
§195-19.28. Signage Associated with Nonresidential and Mixed-Uses.
The PAA shall approve signage within the Mixed-Use Development components of the Overlay
District as part of the Development Project Plan Review process. One sign will be permitted at the
principal entrance(s) to a nonresidential portion of the Development Project. The sign shall be
limited to identifying the name and address of the Development Project.
A. One sign per nonresidential Use is permitted. The attached or hanging sign shall not exceed,
in total area, more than 10% of the dimensional elevation of the commercial Building as
determined by the Building frontage multiplied by the floor-to-ceiling height of the
individual business or as specified in applicable sections of the Zoning Bylaw;
B. For premises having multiple occupants, a single sign identifying those occupants is
permitted. The total area of attached signs, including this one, shall not exceed 10% of wall
area;
C. Temporary unlighted signs inside windows, occupying not more than 20% of the area of
the window, requires no sign permit;
D. Building directories shall be located inside of the Building;
E. Traffic control orientation and guidance signs located on private property, up to four
square feet in area, displayed for purposes of direction or convenience, including signs
identifying parking, fire lanes, rest rooms, freight entrances and the like;
F. Design standards for signs:
1. These standards are not mandatory.
2. Sign content normally should not occupy more than 40% of the sign background,
whether a signboard or a Building element.
G. Environmental relationship.
62
1. Overhanging signs should be used only in such circumstances as on side streets where
overhanging positioning is necessary for visibility from a major street;
2. Sign brightness should not be excessive in relation to background lighting levels, e.g.,
averaging not in excess of 100 foot-lamberts and not in excess of 20 foot-lamberts in
unlighted outlying areas.
H. Building relationship.
Signs should be sized and located so as to not interrupt, obscure or hide the continuity
of columns, cornices, roof eaves, sill lines or other elements of Building structure.
Clutter should be avoided by not using support brackets extending above the sign or
guy wires and turnbuckles.
I. Sign master plans. Notwithstanding anything to the contrary to the language contained in
§§ 195-19.27 and 195-19.28, an Applicant may, in lieu of seeking compliance with the sign
provisions described, propose a master signage plan to be permitted within the Overlay
District by the PAA. All new signage in the Overlay District shall be in compliance with
such master signage plan approved by the PAA. At its option, the Applicant shall submit,
as part of its initial Development Project Plan Review filing, a master signage plan for
approval by the Planning Board establishing allowances, requirements, and limitations for
all new signage within the Overlay District. The master signage plan, as may be updated
and revised with the approval of the Planning Board, shall, with respect to both existing
and future signs, specify all applicable sign types, dimensions, locations, materials,
quantities and other as may be requested by the PAA in the course of Development Project
Plan Review to confirm that the master signage plan, once implemented, consists of a
single coordinated and clear plan for signage within the Overlay District which generally
conforms to the guidelines described in §§195-19.27 and 195-19.28 as applicable. Upon
approval by the Planning Board, the master signage plan shall become the sole governing
source of standards and requirements for all new signage within the Overlay District under
this bylaw. Sign permits for any sign meeting these established standards may be issued by
the Building Inspector upon approval of the master signage plan by the Planning Board.
§195-19.29. Roadways
Private Roadways shall be allowed in the Overlay District.
A. While Roadway surface widths may be narrower than widths associated with a traditional
subdivision, the durability of private Roadway surfaces and sub surfaces within the
Overlay District should be designed based on standard engineering principles. Waivers of
the following standards may be granted when appropriate. The following criteria apply:
Roadway Criterion Minimum Maximum
Minimum ROW width (feet) 50 60
63
Roadway Criterion Minimum Maximum
Minimum pavement width (feet) 18 26
Minimum center line curve radius (feet) 225 250
Minimum tangent length between reverse curves (feet) 150 150
Minimum intersection corner curb radius (feet) 40 40
Minimum horizontal and vertical site distance (feet) 200 250
Center line profile grade – maximum 8% 7%
Center line profile grade – minimum 1% 1%
Vertical curve - minimum length (feet) 100 100
Vertical curve: K value – crest 30 30
Vertical curve: K value - sag 40 40 40
Pavement cross slope - normal crown 3% 3%
Maximum superelevation 6% 6%
B. The PAA shall encourage narrow pavement widths for traveled ways when appropriate.
Pavement widths for traveled ways (excluding on-street parking spaces) shall not be less
than 18 feet or more than 26 feet for two-way traffic, or less than 14 feet for one-way
traffic. The PAA will have discretion to waive these standards when considering public
safety and circulation issues, but under no circumstance shall vehicular ways be less than
14 feet wide.
C. Parking and vehicle access:
1. Provide for continuous sidewalks that are minimally broken within a block by vehicular
access.
2. Unstructured surface parking areas facing Route 114/125 frontages are discouraged.
3. Parking areas shall be set back from Structures, property lines and internal ways by a
minimum of 10 feet.
4. Multipurpose parking areas paved with unit pavers are encouraged (i.e., areas that serve
both parking and public Open Space needs).
64
D. On cul-de-sac turnarounds and at intersections, vertical granite curbing shall be required.
Vertical granite curb inlets with curb transition sections shall be required at the back of
catch basins, on grades over 6%, and at the intersections with arterial streets.
E. All two-way traveled ways shall provide a pedestrian sidewalk of a minimum six-foot
width on both sides of the Roadway. All sidewalks shall be of standard concrete or brick
set in concrete and are encouraged where applicable. Minor ways may provide a pedestrian
sidewalk on a minimum of one side of the Roadway. On cul-de-sac turnarounds and at
intersections, vertical granite curbing shall be required. Vertical granite curb inlets with
curb transition sections shall be required at the back of catch basins, on grades over 6%,
and at the intersections with arterial streets.
F. Crosswalks with handicap-accessible curb cuts shall be provided at all intersections. All
crosswalks and curb cuts shall comply with applicable requirements of the Massachusetts
Architectural Access Board (MAAB) and/or Americans with Disabilities Act (ADA)
requirements.
G. Streetscape elements shall be encouraged, including:
1. Sidewalks and crosswalks as noted above;
2. Ornamental streetlights, 16 feet maximum height on minor roads, 24 feet maximum
height on major roads;
3. Brick, concrete or other specialty pavements at Building entrances;
4. Ornamental fences of less than 30 inches in height, when appropriate;
5. Ornamental bollards to direct pedestrian traffic and define public space.
§195-19.30. Storm drainage.
A. Stormwater drainage systems shall be subject to the most recent Massachusetts laws,
regulations, polices and guidelines, including but not limited to the DEP Stormwater
Management Policy, as amended, the EPA Municipal Separate Storm Sewer System (MS4)
minimum control measures, as well as local bylaws.
B. The design should incorporate design features within a comprehensive stormwater
management plan to minimize stormwater runoff.
C. The design, construction and maintenance of stormwater systems shall be consistent with
the following:
65
1. Detention/Retention basin side slopes. Basin area side slopes shall be kept as close as
possible to natural land contours; i.e., 10% or less wherever possible. A maximum 3:1
side slope shall be constructed for the interior of the basin areas. For security purposes,
fencing may be required by the PAA. Drainage basins shall be designed to facilitate
access for maintenance vehicles and personnel;
2. Drainage easements. If it is necessary to carry drainage across lots within the
Development Project, storm drainage easements may be provided, of such width and
construction as will be adequate to accommodate the volume and velocity of the run-
off. However, no such easement, if granted shall be less than 30 feet in width. If a
proposed drainage system would carry water across land outside the Development
Project boundaries to an approved outfall, appropriate drainage rights shall be secured
by the Applicant at the Applicant's expense, and shall be referenced on the
Development Project Plan;
3. Discharging runoff directly into rivers, streams, watercourses, or enlarging the volume,
rate or further degrading the quality of existing discharges/runoff is prohibited;
4. Retention and detention ponds, and methods of overland flow may be used to retain,
detain and treat the increased and accelerated runoff which the Development Project
generates;
5. Water shall be released from detention ponds at a rate and in a manner approximating
the existing conditions which would have occurred before the creation of the Overlay
District;
6. Intermittent watercourses such as swales shall be vegetated;
7. The first one inch of runoff from impervious surfaces, such as rooftops and paved
surfaces, shall be treated in the site of the Development Project, which treatment shall
be more fully detailed during the stormwater peer review process of Development
Project Plan Review;
8. Runoff from parking lots and streets shall be treated to remove oil and sediments. Catch
basins shall be provided with hoods; in the alternative, drainage outfalls shall discharge
to low-velocity "vegetated treatment" swales;
9. The use of drainage facilities and vegetated buffer zones as Open Space and
conservation areas shall be encouraged; and
10. Neighboring properties shall not be affected by flooding from excessive runoff.
§195-19.31. Water Facilities.
66
A. Installation. The Applicant shall be responsible for installing water facilities, including, but
not limited to, water supply, pipes, hydrants, hydrant markers, gates, valves, and all other
related appurtenances, in accordance with the regulations and master plan of the Water
Department. Any extension of an existing pipe and construction of new pipes requires
approval from the Water Department. Building service pipes and appurtenances from the
system piping to the exterior line of the street right-of-way shall be constructed for each
lot unless the Board of Health has approved individual wells. Said water facilities shall be
shown on plans for each Development Project.
B. Fire hydrants. Fire hydrants shall be required throughout the entire Development. Fire
hydrants, with hydrant markers, shall be located not more than 500 feet apart, and within
100 feet of any building fire department connection (FDC); shall be approved, in writing,
as to location by the Fire Chief and the DPW; and shall be shown on plans for each
Development Project.
C. Extensions. Reasonable provisions shall be made for extension of the water system and
pipes to adjoining property, including installation of water gates. Appropriate easements
may be required by the PAA as a condition of Development Project Plan Approval for a
Development Project.
§195-19.32. Sewers.
A. Installation. The Applicant shall be responsible for connecting all lots to the public
sewerage system unless there are legal, design or operational considerations, in which
case alternative arrangements for sewage disposal, such as through the existing on-site
sewage treatment plant or other methods permitted by law, may be utilized. If applicable,
connection to the system shall require an approval from the DPW, and any other required
approvals, including, but not limited to approvals issued by the Greater Lawrence
Sanitary District, and, if applicable, a permit for extension/connection of the sewer
system issued by the Massachusetts Department of Environmental Protection's Division
of Water Pollution Control.
§195-19.33. Electric and communication lines.
A. Installation. All electrical and communications lines shall be installed underground.
Communications lines shall include, but not be limited to, telephone and community
antenna television cable.
B. Electric lines. The electrical power distribution shall be installed in accordance with the
specifications of the Rules and Regulations of the Department of Public Works of the Town
of North Andover in effect at the time of application.
§195-19.34. Street Signs.
67
Street signs shall be installed at all intersections in conformity with the specifications of the
Department of Public Works. The signposts at the intersection of each street with any other street
shall have affixed thereto a sign designating such street as a private way.
§195-19.35. Monuments.
Monuments shall be four feet long, six-inch square concrete or granite, and shall be installed at all
Roadway intersections, at all points of change in direction or at curvature of Roadways, at two
property corners of all new lots and at any other points where, in the opinion of the Board,
permanent monuments are necessary.
A. Monument spacing. Monuments located in the street right-of-way shall be spaced so as to
be within sight of each other, the sight lines being contained wholly within the street right-
of-way limits. The maximum interval shall be 1,000 feet;
B. Monument materials. Monuments shall be standard granite markers of not less than four
feet in length and not less than five inches square, and shall have a drill hole in the center.
If subsoil conditions prohibit installation of four-foot monuments, with advance approval
by the Board, monuments meeting alternative specifications shall be installed. Monuments
shall be set flush with the finished grade; and
C. Monument certification. No permanent monuments shall be installed until all construction
which would destroy or disturb the monuments is completed. Placement and location of
bounds are to be certified by a registered professional land surveyor after installation of the
street, and shall be shown on the "as-built" or record plans.
§ 195-19.36. Parking Requirements.
Parking provided in the Overlay District, including structured parking, shall comply with these
provisions and shall not be subject to any other provisions of the Zoning Bylaw. Regardless of
these requirements, parking shall be designed and constructed to comply with all applicable
disability access requirements including, but not limited to, the Americans with Disabilities Act.
A. Required parking. Parking shall be provided for Uses according to Table 1, Required
Parking, below, and shall be calculated for compliance purposes based on Uses reflected
on the Development Project Plan. When application of the requirements set forth below
results in a number that includes a fraction, the fraction shall be rounded up to the next
whole number.
Table 1 - Required Parking
Use Minimum Parking Required
68
Multifamily Dwelling 1.75 per unit
Townhouse 1.75 spaces per unit
Restaurant, sit down (including 1 per 4 seats, plus 1 for every employee on
Brewery, Distillery, and Winery) the largest shift
1 per 200 square feet of net floor area
Restaurant, limited service
1 per 70 square feet of net floor area
Restaurant, drive-through
Retail and Personal Service, Artist’s
Studio, Gallery, Cultural Center or 5 spaces per 1,000 gross square feet
Museum,
Day-Care Center .35 per person (licensed capacity)
2 per player or 1 per 3 persons permitted
Indoor Recreation, fitness,
capacity
Halls, clubs, theaters, or other places of
indoor amusement or assembly,
.35 per persons permitted capacity
including but not limited to arenas,
health care facility.
Religious Uses .6 per seat
Assisted Living, Nursing and
Convalescent, CCRC, Independent 0.6 spaces per unit
Elderly Housing, Congregate Housing,
Professional Offices, Business Offices,
2.5 spaces per 1,000 gross square feet
and Research and Development Facility
69
Public Building or Use 5 dedicated spaces
Recreational Use: Passive (i.e. parks,
5 dedicated spaces
picnic facilities)
Recreational Use: Active (i.e., athletic 1 space per 4 persons based on the design
fields) capacity of the facility
B. On-street parking offset. Parking spaces within the Roadways and drive aisles within the
Overlay District may be counted toward the minimum parking required pursuant to this
section.
C. Charging stations for electric, hybrid, or similar types of vehicles. Charging stations
for electric, hybrid, or similar types of vehicles may be required, as appropriate, by the
Building Code and/or the PAA as part of the Environmental Strategies program to be
included in any application for Development Project Plan Approval.
D. Bicycle parking. Bicycle parking may be required, as appropriate, by the PAA as part of
the Environmental Strategies program to be included in any application for Development
Project Plan Approval and shall also be addressed in the traffic management plan.
E. Parking design and construction standards. The design and construction standards for
parking shall be approved by the Planning Board in conjunction with the Development
Project Plan Approval of a Development Project; such design and construction standards
shall address the dimensions for parking spaces, Drive Lanes, Driveways, and landscape
islands, and materials and specifications for paving, curbing, lighting, and Landscaping.
Notwithstanding the foregoing, unless otherwise waived by the PAA, the minimum
parking dimensions shall be:
1. For head-in parking spaces: a minimum of 9 feet by 18 feet, with 24-foot drive aisles;
2. For parallel end spaces: 8 feet by 22 feet; and
3. For parallel intermediate spaces: 8 feet by 20 feet.
F. Modification in parking requirements. Notwithstanding anything to the contrary herein,
any minimum required or maximum permitted amount of parking may be modified by the
Planning Board through the Development Project Plan Review process, if the Applicant
can demonstrate that the modified amount of parking will not cause excessive congestion,
endanger public safety, or that a modified amount of parking will provide positive
environmental or other benefits, taking into consideration:
1. The availability of public or commercial parking facilities in the vicinity of the use
being served;
2. Shared use of parking spaces serving other Uses having peak user demands at different
times;
3. Age or other occupancy restrictions which are likely to resulting a lower level of auto
usage; and
70
4. Such other factors, including the availability of valet parking, shuttle service, or a
transportation management plan as may be considered by the Planning Board. Where
such reduction is authorized, the Planning Board may impose conditions of Use or
occupancy appropriate to such reductions.
PART 7. Dimensional and Density Requirements
§195-19.36. Dimensional requirements.
Notwithstanding anything to the contrary in this Zoning Bylaw, the dimensional requirements
applicable in the Overlay District, including all pre-existing Buildings in the Overlay District that
have not been demolished, are as follows:
A. Overlay-District-wide aggregate density requirements.
Development Projects shall comply with the following requirements as applicable to a
Development Project Plan for the Overlay District:
1. Maximum coverage, including buildings, driveways, and parking areas within the
Overlay District: 70 % of total lot size.
2. Minimum lot size: 0.
st
3. Maximum building height: Subdistrict 1, North Andover Mall: 3 stories/35 feet. If 1
floor is a commercial use or parking garage: 4 stories/55 feet.
4. Maximum building height: Subdistrict 2: 4 stories/55 feet.
5. Maximum building coverage in the Overlay District: 30%.
6. Minimum Open Space requirements in the Overlay District: 30% of total lot size.
7. Floor area ratio in the Overlay District: 0.70.
8. Maximum dwelling units per acre: 15*. Up to a maximum of 17 dwelling units per
acre by special permit if the Development Project includes a Mixed-Use Development.
9. Rear setback: 30 feet**, Side setback: 25 feet**, Front setback: 30 feet***
*A calculation of units per acre that results in the fractional or decimal equivalent of one-
half (.50) or above shall be increased to the next highest whole number.
** additional 15 feet for side or rear setback required adjacent to residential districts
(must be open space)
*** The first 25’ of front setback under this requirement shall be made to provide an
effective visual buffer and no parking shall be permitted. This Multi-Family Overlay
District shall be exempt from Footnote 1 on Table 2: Summary of Dimensional
Requirements
Table 2: Summary of Dimensional Requirements will be amended upon passage of this Article
19 at Town Meeting as if independently voted upon.
71
PART 8. Application for Development Project Plan Review
§195-19.37. Development Project Plan Review Process.
The Development Project Plan Review process for an application for approval of a Development
Project Plan under this article shall be governed by the following review procedures:
A. Pre-application Conference.
1. Prior to the submission of a Development Project Plan, the Applicant, at its option, may
confer with the Planning Board and Town planning staff to obtain information and
guidance before beginning the formal application process.
i. Overall Building envelope areas;
ii. Approximate Building massing, showing heights;
iii. Open Space and natural resource areas; and
iv. General site improvements, groupings of Buildings, and proposed land uses.
B. Submission and Approval of a Development Project Plan. The Applicant shall file a
Development Project Plan accompanied by an application for Development Project Plan
Review and application for special permit(s), if applicable, to the PAA for issuance of a
Development Project Plan Approval prior to an application for a building permit. Review
of a Development Project Plan shall follow the procedures of Subsection F and the PAA
Rules and Regulations that the Planning Board may adopt to govern Development Project
Plan Review. An application for Development Project Plan Review shall include the
following components unless waived by the Planning Board:
1. An Applicant for Development Project Plan Review shall file with the Planning
Department an application form, fee, the Development Project Plan, an application for
special permit(s), if applicable, and any additional information as may be required as
described herein or as provided in PAA Rules and Regulations and/or instructions of
the Planning Board. Once the application is deemed complete, the Planning Department
will forward one copy of the application to the Town Clerk. An application will not be
deemed complete until all required information and fees are submitted. The time
periods set forth in this Zoning Bylaw will not start until the application has been
deemed complete and submitted to the Town Clerk.
2. Drawings prepared at a scale of one-inch equals 40 feet or larger, or at a scale as
approved in advance by the Town Planner. Revised plans shall contain a notation listing
and describing all revisions, additions, and deletions made to the originally submitted
plans and the date of each.
3. The application for Development Project Plan Review shall be accompanied by such
plans and documents as may be required and set forth in the PAA Rules and
Regulations. All site plans shall be prepared by a certified architect, landscape
architect, and/or a civil engineer registered in the Commonwealth of Massachusetts.
72
All landscape plans shall be prepared by a certified landscape architect registered in the
Commonwealth of Massachusetts. All Building elevations shall be prepared by a
certified architect registered in the Commonwealth of Massachusetts. All stormwater
management plans and drainage calculations must be submitted with the stamp and
signature of a professional engineer (PE) licensed to conduct such work in the
Commonwealth of Massachusetts.
4. The following information must be submitted along with the application:
a. North arrow/location map. A North arrow and a location map showing surrounding
Roadways and land uses adjacent to the site at a scale of one-inch equals 1,500 feet.
The location map should show at least one intersection of two existing Town
Roadways.
b. Survey of lot/parcel. A boundary survey conforming to the requirements of the
Essex County Registry of Deeds Office. The survey shall be dated and include any
revision made to the survey or site plan. Any change in the survey shall be recorded
before site plan approval may be granted.
c. Name/Description of Development Project. The name of the development and the
names, addresses and telephone numbers of the project listing tenants (if known),
land uses, development phases, or other pertinent information necessary to evaluate
the Development Project Plan.
d. A narrative describing how the proposed Building(s), anticipated land uses, site
design, parking, circulation, Landscaping and other features conform to and the
purpose of this article.
e. Easements/Legal conditions within the Development Project lot(s) and abutting
thereon. Identification of existing and proposed easement(s) or legal encumbrances
that are related to the site's physical development, and a listing of any condition(s)
placed upon the site by the Board of Appeals, Planning Board, Conservation
Commission, or any public body or agency with the authority to place conditions
on the site's development.
f. Development Project lot number(s), dimensions of Development Project lot(s) in
feet, size of Development Project lot(s) in square feet, and width of abutting streets
and ways.
g. Topography. The present and proposed topography of the site, utilizing two-foot
contour intervals. Existing topography 50 feet beyond the perimeter of the parcel
as it appears on the most current Town of North Andover topographic mapping
shall also be shown.
73
h. Zoning information. All applicable Overlay District zoning information shall be
provided regarding the Development Project. This information shall be placed in a
table and list all parking, setbacks, percent of Lot Coverage, Floor Area Ratio,
number of Dwelling Units (if any), units/acre, total amount of square feet, size of
signs and any other applicable zoning information relative to the Development
Project Plan and Overlay District necessary for the proper review of the
Development Project Plan by the Town Planner and PAA.
i. Drainage area map. A drainage area map showing pre- and post-construction
watersheds, subwatersheds and stormwater flow paths, including municipal
drainage system flows.
j. Stormwater management plan. All applications for Development Project Plan
Review shall include the submittal of a stormwater management plan prepared in
accordance with the latest version of the Massachusetts Stormwater Handbook and
additional criteria established herein and demonstrating full compliance with the
Massachusetts Stormwater Standards and the North Andover Stormwater
Management and Erosion Control Regulations promulgated under Chapter 165 of
the Town Bylaws (Stormwater Management and Erosion Control Bylaw).
k. Building location. Identification of all existing and proposed structures located on
the Development Project site. The number of stories, overall height in feet and
gross floor area in square feet of all structures shall be indicated.
l. Building elevation. A drawing of the exterior of the Building(s), as viewed from
the front (street view), must be submitted. The PAA may request side and rear
views if relevant to the PAA's review. This drawing must be at least eight inches
by 11 inches in size.
m. Average finished grade of each proposed Building.
n. The elevation above average finished grade of the floor and ceiling of the lowest
floor of each proposed Building.
o. Height of all proposed Buildings, above average finished grade.
p. Height of all proposed Buildings, above average finished grade of abutting streets.
q. Location of parking/walkways. Identification of the location of all existing and
proposed parking and walkway areas, including curb cuts that will be used to access
the site from adjacent Roadways, or access points.
r. Location of wetlands; notice of intent. All resource areas as defined in MGL c. 131,
§40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190),
74
shall be shown on the site plan. If applicable, the Applicant shall file a notice of
intent with North Andover Conservation Commission concurrently with the
application to the Planning Board for Development Project Plan Review.
s. Location of walls/signs. Identification of the location, height and materials to be
used for all retaining walls and signs located on the site.
t. Location of Roadways/Drive Lanes. Identification of all rights-of-way and
Driveways, including the type of curb and gutter to be used, and their dimensions.
Distances to all the nearest Roadways and/or curb cuts shall be shown for both
sides of any street which is adjacent to the site.
u. Outdoor storage/display areas. Identification of the location and type of outdoor
storage and display areas on the site.
v. Landscaping plan. The general outline of existing vegetation, wooded areas,
significant trees, unique species and/or tree clusters and the extent of all vegetation,
wooded areas, significant mature trees (>12 inches DBH), unique species and/or
tree clusters to be removed and identification of the location and landscape schedule
of all perimeter and interior Landscaping, including but not limited to proposed
paving materials for walkways, fences, stone walls and all planting materials to be
placed on the site. Any Landscaping required by the Town bylaws shall be indicated
on the site plan in tabular form showing the amount required and the amount
provided.
w. Refuse areas. Identification of the location of each outdoor refuse storage area,
including the method of storage and screening. All refuse areas must be fully
enclosed.
x. Lighting facilities. Identification of the proposed illumination, indicating the
direction and the degree of illumination offered by the proposed lighting facilities,
including an example of the light fixture to be used.
y. Traffic impact study. Identification of existing traffic levels, along with the
expected traffic impacts to occur based upon the proposed project. For projects
which access state highways, a traffic impact study shall be filed with MEPA
concurrently with the Planning Board review. A copy of the MEPA study shall be
filed with the application to the Planning Board.
z. Commonwealth review. Any information required and submitted to any agency of
the commonwealth shall be filed with the Planning Board upon the initial
submission of the project for Board review.
75
aa. Utilities. All utilities, including water line locations, sewer line locations and
profiles, and storm drainage systems.
bb. Environmental strategies. A narrative describing the environmental strategies being
pursued for the Development Project to improve sustainability and to enhance
protection of the adjacent natural resources relative to the proposed Building(s),
anticipated land use(s), and site design. These strategies shall specifically include
measures to limit emissions from both stationary sources (e.g., building design
measures) and mobile sources (e.g., pedestrian and bicycle accommodations to
promote alternate methods of transit).
cc. 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.
dd. Community impact. Analysis of the project's impact on the surrounding
neighborhood in terms of architectural consistency, pedestrian movement and
overall character; impacts on nearby historic structures or site; and an evaluation of
the proposed project's consistency and compatibility with existing local and
regional plans.
C. Phasing. In the course of the phased development of an approved Development Project
Plan, the Applicant may divide the proposed development reflected in the Development
Project Plan into separate project components which may be reviewed either through a
single combined Development Project Plan Review, or through a series of separate
Development Project Plan Reviews that address the applicable proposed area(s) of work
within the Overlay District. In no event shall a Development Project proceed with a non-
residential development prior to completing an allowable residential development
(Townhouse Residential Use and/or Multi-Family Residential Use);
D. Peer review. The Applicant shall be required to pay for reasonable consulting fees to
provide peer review of any required elements of the Development Project Plan Review
application as may be required by the PAA. Such fees shall be held by the Town in a
separate account and used only for expenses associated with the review of the application
by outside consultants, including, but not limited to, attorneys, Town Counsel, engineers,
urban designers, housing consultants, planners, and others. Any surplus remaining after the
completion of such review, including any interest accrued, shall be returned to the
Applicant.
E. Circulation to Other Boards. Upon receipt of the application, the PAA shall
immediately provide a copy of the application materials to the Board of Health,
Conservation Commission, Fire Department, Police Department, Building
Commissioner, Department of Public Works, School Department, and other municipal
officers, agencies or boards for comment, and any such board, agency or officer shall
76
provide any written comments within 30 days of its receipt of a copy of the Development
Project Plan Review application.
F. Procedures.
1. Hearing. The PAA shall hold a public hearing for which notice has been given as
provided in MGL c. 40A, §11. The decision of the PAA shall be made, and a written
notice of the decision filed with the Town Clerk, within 90 days of the close of the
public hearing. The required time limits for such action may be extended by written
agreement between the Applicant and the PAA, with a copy of such agreement being
filed in the office of the Town Clerk. If the PAA does not take action within 90 days or
extended time, if applicable, the project proponent shall provide written notice to the
PAA requesting final action within fourteen days, if no decision is issued, the failure
shall be deemed to be an approval of the application and Development Project Plan and
shall constitute the Development Project Plan Approval.
2. The approved Development Project Plan (Development Project Plan Approval)
becomes the official development plan for a Development Project for which
Development Project Plan Review application is filed. Town permits shall be issued or
withheld based upon compliance with the approved Development Project Plan. The
Development Project Plan Approval is legally binding and can only be changed or
adjusted in compliance with the provisions contained in §195-19.42, Revisions to
approved Development Project Plan.
3. Appeal. Where a Development Project Plan Approval is issued or denied relative to a
Development Project for which a building permit will be required, there shall be no
appeal under MGL c.40A § 17; rather, the only appeal shall be an appeal of the building
permit issued or denied. The appeal of a special permit granted or denied hereunder
shall be made in accordance with the provisions of MGL c. 40A § 17.
PART 9. Decision on Application.
§195-19.38. Waivers. As set forth in §195-19.16, in the course of reviewing a Development
Project during Development Project Plan Review, the PAA shall have discretion in the application
of the General Design Guidelines of Part 6 to the Development Project and may waive strict
adherence to any of these Design Guidelines, in finding that the Development Project is consistent
with the purpose and intent of this Article 19.
§195-19.39. Plan Review. An application for Development Project Plan Review shall be reviewed
for consistency with the purpose and intent of the Article 19, and such plan review and shall be
construed as an as-of-right review and approval process for by-right uses and shall be construed
by special permit approval process for uses allow by special permit.
§195-19.40. Findings and Action by Planning Board.
77
A. Upon completion of Development Project Plan Review, the PAA shall either 1)
approve, 2) approve with conditions, or 3) deny a Development Project Plan submitted
for review.
1. The Planning Board shall approve a Development Project Plan when the following
conditions are met:
a. The Development Project Plan is consistent with the purpose and intent of this
Article 19; and
b. The Applicant has submitted the required fees and information as set forth in
the Rules and Regulation; and
c. The Development Project Plan has been submitted in accordance with the
procedures as outlined in this Article 19 and the Planning Board Rules and
Regulations; and
d. The Development Project and Development Project Plan meet the requirements
and standards set forth in this Article 19, or a waiver has been granted
therefrom.
2. The Planning Board shall conditionally approve a Development Project Plan when the
following conditions are met:
a. The application needs to go to any Town board, department or commission for
approvals, or requires approvals by any state, and/or federal agency; and
b. The Development Project Plan generally complies with this Article 19, but
requires minor changes in order to be completely in compliance with this
Article 19.
3. The PAA may deny approval of a Development Project Plan for the following reasons:
a. The Development Project Plan does not include all the materials or information
required in this Article 19, or has failed to adhere to the procedures for
Development Project Plan Review as outlined in this Article 19; or
b. The Applicant has not submitted the required fees and information as set forth
in the PAA Rules and Regulations; or
c. The Development Project Plan as presented is not in compliance with applicable
Town bylaws, and a waiver has not been granted therefrom; or
d. The Development Project Plan has been drawn incorrectly or in such form that
the Planning Board is unable to determine what information is being presented
for review; or
e. The Applicant has failed to incorporate and adhere to any condition(s) for
approval granted by any Town board, department or commission, or
requirements called for by any state or federal agency which has proper
authority upon which to place conditions on a matter before the PAA.
B. The PAA shall render a decision within 90 days of the close of the public hearing and
shall file its written decision with the Town Clerk's office and other appropriate parties
in accordance with the provisions of MGL c. 40A.
78
C. The PAA shall issue to the Applicant a copy of its decision containing the name and
address of the owner, identifying the land affected, and the plans that were the subject
of the decision, and certifying that a copy of the decision has been filed with the Town
Clerk and that all plans referred to in the decision are on file with the PAA. If a plan is
approved by reason of the failure of the PAA to timely act, the Town Clerk shall make
such certification on a copy of the application or notice. A copy of the decision or
application bearing such certification shall be recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in the Grantor Index under
the name of the owner of record or recorded and noted on the owner's certificate of
title. The fee for recording or registering shall be paid by the Applicant.
D. The Applicant shall be responsible for filing a copy of the decision at the Registry of
Deeds for the county and district in which the land is located and indexed in the Grantor
Index under the name of the owner of record or recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be paid by the Applicant.
Prior to the issuance of a building permit, the Applicant shall present evidence of such
recording to the Building Commissioner and Planning Department.
E. For the purpose of securing the performance of all proposed work, including
Landscaping and off-site improvements, the PAA may require security submitted in
the form of a check made out to the Town of North Andover in an amount determined
by the Board to be sufficient to cover the cost of all or any part to stabilize or secure
the site. The check will then be placed in an interest-bearing account and will be
released upon the completion of the Development Project. The PAA, at its discretion,
may release partial amounts of the security at certain stages of construction.
§195-19.41. Time limit. A Development Project Plan Approval shall remain valid and shall run
with the land indefinitely provided that construction has commenced within two (2) years
after the decision issues, which time shall be extended by the time required to adjudicate
any appeal attributable to the Development Project. Said time shall also be automatically
extended if the Applicant is actively pursuing other required permits for the Development
Project or if the PAA finds there is good cause for the failure to commence construction,
or as may be provided in an approval for a multi-phase Development Project.
PART 10. Revisions to Development Project Plan.
§195-19.42 Revisions to Development Project Plan.
1. Procedure. After a Development Project Plan is approved, an Applicant may apply to
the Planning Board to make revisions to a Development Project Plan. Such revisions
must be submitted to the Town Planner and Planning Board clearly showing the
79
proposed revisions to the approved Development Project Plan, and on application
forms provided by the Planning Board. The Planning Board shall set forth any decision
to approve or deny such revisions by motion and written decision, and provide a copy
to the Applicant for filing with the Town Clerk.
2. If the revisions are determined by the Planning Board to (i) not adversely affect the
Overlay District or neighboring properties, (ii) not cause either a significant increase in
vehicular movement or alteration in pedestrian circulation routes and (iii) be otherwise
consistent with the purposes and intent of the Development Project Plan and this Article
19 (examples may include but not be limited to: revisions involving utilities, Building
orientation adjustments, or minor adjustments to parking or other site details that do
not materially affect the overall build out or development envelope), the Planning
Board may authorize such revisions at any regularly scheduled meeting, without the
need to hold a public hearing.
3. If the revisions are determined by the Planning Board to (i) have a potential adverse
effect on the Overlay District or neighboring properties, or (ii) cause either a significant
increase in vehicular movement or alteration in pedestrian circulation routes , but (iii)
are otherwise consistent with the purposes and intent of the Development Project Plan
Approval and this Article 19 (examples may include but are not limited to: revisions to
Building locations, heights, massing, or Use otherwise allowed pursuant to this Article
19), the Planning Board may authorize such revisions at any regularly scheduled
meeting after holding a public hearing.
PART 11. Severability and Authority.
§195-19.43. Severability; Authority.
This Article 19 is promulgated pursuant to the authority of MGL c. 40A, as applicable. If any
provision of this Article 19 is found to be invalid by a court of competent jurisdiction, the
remainder of Article 19 shall not be affected but shall remain in full force and effect. The
invalidity of any provisions of this Article 19 shall not affect the validity of the remainder of this
article.
80
Or take any other action relative thereto.
81
Planning Board
Article 29: WITHDRAWN-Amend Zoning Map – MBTA Multi-Family Housing Overlay
Prior to the final motion to dissolve the Town Meeting, Moderator DiSalvo invited retiring Town
Finance Director Lyne Savage to the podium to receive the approbation of the meeting for her
long and distinguished service to the community, including roles as Town Treasurer and Acting
Town Manager.
UNANIMOUS vote the 2024 Annual Town Meeting Dissolved upon motion of Chair of the
Select Board, Laura M. Bates at 10:57 PM with all articles voted.
Vote Required: Majority Vote
Respectfully submitted,
Carla Dawne Warren, Town Clerk
82