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HomeMy WebLinkAbout2023 Annual Report Stevens-Coolidge House and Gardens TOWN OF NORTH ANDOVER, MASSACHUSETTS 2023 ANNUAL REPORT SELECT BOARD Janice M. Phillips – Chair Rosemary Connelly Smedile – Clerk Richard M. Vaillancourt Laura M. Bates Brian Roache TOWN MANAGER Melissa Murphy-Rodrigues Welcome Page 2 Service Listing Page 3 Appointed Boards/Committees & Elected Officials Page 4 Select Board / Town Manager Page 12 Finance Director / Town Accountant Page 13 Assessor’s Office Page 14 Board of Appeals (Zoning) Page 17 Building Department Page 18 Community Preservation Page 19 Conservation Page 20 Elder Services Page 23 Fire Department Page 25 Health Department Page 27 Historical Commission Page 29 Human Resources Page 30 Information Technology Page 31 Stevens Memorial Library Page 33 Planning Department Page 36 Police Department Page 39 Division of Public Works Page 42 School Committee Page 49 Town Clerk Page 52 Treasurer/Collector Page 55 Veteran’s Services Page 57 Youth & Recreation Services Page 59 Annual Town Meeting 2023 Page 64 Supplement ACFR Statistical Section Page 135 1 Welcome The Town of North Andover is located in Essex County in the northeastern part of Massachusetts on the banks of the Merrimack River and approximately 24 miles from Boston. North Andover is bordered by the towns of Andover, North Reading, Boxford, and Middleton and the cities of Methuen, Haverhill, and Lawrence - covering almost 27 square miles. Reverend John Woodbridge paid to Indian Chief Cutshmache six pounds and a coat for Cochichewick Plantation in 1646. The Great Seal of the Town of North Andover depicts Lake Cochichewick meaning “place of great cascades”. This was soon changed to Andover in honor of Andover, England, the birthplace of the original freeholders. The dispute over location of church sites came before the General Court in 1709 and the North Parish and South Parish were established. The growth of the two different communities of interest led finally to the separation of the two parishes on April 7, 1855, into two distinct townships. North Andover has always cherished its North Parish roots. Anne Bradstreet became America’s first published woman poet in the 1650. This remarkable woman of frail health raised eight children in the wilderness and died in North Andover in 1672. The Stevens Memorial Library houses this comprehensive collection. The North Parish Church was the Town’s original meeting place and is the focal point of our “Old Center”. The Town of North Andover’s government is committed to providing innovative, responsive, and efficient government to all our citizens. Our Town Charter, enacted in 1986, provides for an Open Town Meeting – Select Board - Town Manager form of government. An elected five-member Select Board oversees the governance of the Town. An appointed professional Town Manager supervises Town departments and divisions. The public-school system receives policy direction from a five- member elected School Committee and is administered by an appointed Superintendent. North Andover’s legislative body, our Open Town Meeting, is a rich New England tradition. North Andover offers opportunity for all ages to participate and volunteer. Visit the links section of our website for a complete list of recreational groups, fraternal organizations, committees and boards, and what’s happening in Town. The Town of North Andover is committed to attracting new businesses - small and large. The excellent geographic location, endless source of talented workers, citizens and volunteers dedicated to their community, and the natural beauty of our Town make it a great place to live and work. The Town of North Andover is dedicated to serving residents and to creating a community in which residents may join together for the common good. The Town’s purpose is to offer services and a government that provide for the general welfare, education, and public safety of its residents. The administration of the Town fosters this commitment to community by delivering municipal services in a professional, cost-effective manner through prompt, courteous, and equitable service and by insuring that the public’s business is conducted with the highest level of integrity. The Town of North Andover looks forward to a rich and prosperous future in the spirit of our historic past. Come visit and see that we are truly a “Town for All Seasons”. 2 NORTH ANDOVER SERVICE LISTINGS OUR TOWN Incorporated:April 7, 1855 County:Essex Population: 30,915 Registered Voters: 22,177 Annual Town Election:Last Tuesday Town Meeting: Open Town Meeting in March Meets in May Voting Location: North Andover Polls are open from 7AM – 8 PM High School – All Precincts Senators in Congress:Representative in Congress: Senator Edward J. Markey (D) Seth W. Moulton (D) www.markey.senate.gov 1127 Longworth House Office Building 975 JFK Federal Building Washington, D.C. 20515 15 New Sudbury St. Boston, MA 02203 Tel: (202) 225-8020 Salem: (978) 531-1669 Phone: 617-565-8519 Senator Elizabeth Warren(D) www.warren.senate.gov 2400 JFK Federal Building 15 New Sudbury St. Boston, MA 02203 Phone: 617-565-3170 Senator in General CourtRepresentative in General Court: ndth 2 Essex & Middlesex (P1-6) 14Essex (P1-6) Barry Finegold Adrianne Ramos stth 1Essex & Middlesex (P7-P8) 18 Essex (P7-P8) Bruce E. Tarr Tram T. Nguyen 3 Boards and Committees Appt. Board/Committee First NameLast Name Expiration 400GreatPondRd Steering Committee RichardVaillancourt 5/16/2023 400Great Pond RdSteeringCommittee Peter Boynton5/16/2023 400Great Pond RdSteeringCommittee Jean Enright 5/16/2023 400GreatPondRdSteeringCommittee StephenFoster5/16/2023 400GreatPondRd Steering Committee Ron Rudis 5/16/2023 400Great Pond RdSteeringCommittee John Simons 5/16/2023 400Great Pond RdSteeringCommittee JimStanford 5/16/2023 400GreatPondRdSteeringCommittee JohnWeir5/16/2023 400Great Pond RdSteeringCommittee Guillermo Vicens 5/16/2023 400GreatPondRd Steering Committee Norma Lochmann 5/16/2023 400Great Pond RdSteeringCommittee Gerald Brecher 5/16/2023 Affordable Housing Trust Christopher Jee 6/30/2023 Affordable HousingTrust RichardVaillancourt 6/30/2024 Affordable HousingTrust GeorgeKoehler 6/30/2024 Affordable HousingTrust JoanFitzgibbons 6/30/2023 Affordable HousingTrust Roger Lawson 6/30/2023 Affordable HousingTrust Robert Bernardin 6/30/2024 Affordable HousingTrust LaurieBurzlaff 6/30/2023 Animal Inspector Brad DiCenzo 4/30/2023 Bryan Perry 6/30/2025 Board of Assessors Board of Assessors Nicole Hruban 6/30/2024 Board of Assessors Christian Colwell 6/30/2023 Cable TV Advisory Committee William DiAdamo 6/30/2025 CableTVAdvisory Committee Chanida Oros6/30/2024 CableTVAdvisory Committee Shane Woodruff 6/30/2023 CableTVAdvisory Committee Paul Blinn6/30/2024 CableTVAdvisoryCommittee JohnHylandN/A CableTVAdvisory Committee Brian Fraser N/A CableTVAdvisory Committee RonnFaigen 6/30/2023 Community Access & Media BOD Michael Hale 6/30/2025 Community Access & Media BOD Steve Ventre N/A Community Access & Media BOD Randall HartN/A Community Access & Media BOD Peter Baylies N/A Community Access & Media BOD Michael Grant N/A Community Access & Media BOD Brian Fraser N/A Community Preservation Committee Brian Roache 6/30/2024 Community Preservation Committee William Callahan 6/30/2023 Community PreservationCommittee Terrance Holland 6/30/2023 Community Preservation Committee John Simons 6/30/2024 4 Community Preservation Committee Ron Rudis 6/30/2025 Community Preservation Committee TracyWatson 6/30/2025 Timothy Tschirhart Community Preservation Committee 6/30/2025 Community Preservation Committee John Mabon 6/30/2025 Community Preservation Committee Rick Green 6/30/2023 ConservationCommission Louis Napoli 6/30/2023 ConservationCommission Albert Manzi, Jr. 6/30/2023 ConservationCommission SeanMcDonough 6/30/2024 ConservationCommission JohnMabon 6/30/2025 ConservationCommission Joseph Lynch 6/30/2025 ConservationCommission Anthony Capachietti 6/30/2024 ConservationCommission RyanHale 6/30/2024 Constable Ronald Bertheim 6/30/2025 Constable Ronald Pollone6/30/2023 Council on Aging DavidVanArsdale 6/30/2023 Council on Aging LuciusMichel6/30/2023 Council on Aging 6/30/2024 Remo Zimbaldi Council on Aging MariaRosati 6/30/2024 Council on Aging QuentaraCosta 6/30/2023 Council on Aging Harry Kaloustian 6/30/2025 Donovan- Eileen Elliot 6/30/2023 Council on Aging Council on Aging Patricia Riley 6/30/2024 Council on Aging Jennifer Abou-Ezzi 6/30/2024 Council on Aging AllenNaffah6/30/2025 Council on Aging JoanThompson6/30/2025 PriscillaRaposo 6/30/2025 Council on Aging- Associate Council on Aging- Associate Tallie Abernathy6/30/2025 StephanieAude Cultural Council 6/30/2025 Cultural Council Brooke Paige6/30/2023 Middleton- Cultural Council Brian Cox 6/30/2023 Cultural Council Anna Choi6/30/2025 Cultural Council MelanderTaylor 6/30/2023 Cultural Council 6/30/2023 Charlotte Lyons AbhiBhattacharya 6/30/2024 Cultural Council Cultural Council 6/30/2025 Patrick Kangrga Cultural Council Pamela Lathrop 6/30/2024 Commission on Ability Assistance Phyllis Jones 6/30/2024 Commission on Ability Assistance Stacey Leibowitz 6/30/2025 Commission on Ability Assistance Donald Stewart6/30/2024 Commission for Diversity, Equity and Inclusion Denise Casey 6/30/2023 5 Commission forDiversity, Equity and Inclusion DavidVanArsdale 6/30/2023 Commission forDiversity, Equity and Inclusion Walter Mena 6/30/2023 CommissionforDiversity,EquityandInclusion JenniferBauer6/30/2023 Commission forDiversity, Equity and Inclusion Lawrence Jay6/30/2024 Commission forDiversity, Equity and Inclusion VeraBroekhuysen6/30/2024 Commission forDiversity, Equity and Inclusion Ellen Peters6/30/2024 Commission forDiversity, Equity and Inclusion Marinete Henry 6/30/2023 Commission forDiversity, Equity and Inclusion Eric Foulds 6/30/2024 Commission forDiversity, Equity and Inclusion DeannaLima6/30/2023 Commission forDiversity, EquityandInclusion Aisha Valdez6/30/2023 Commission forDiversity, Equity and Inclusion MayaChin6/30/2023 Elderly/DisabledTaxationFund KimberlyMackieN/A Elderly/Disabled Taxation Fund Bryan Perry N/A Elderly/Disabled Taxation Fund FredMcCarthy6/30/2024 Elderly/DisabledTaxationFund WilliamCallahan6/30/2023 Elderly/Disabled Taxation Fund FrankRagonese6/30/2023 Emergency Management Agency Jeffrey Coco 6/30/2023 EmergencyManagementAgency John Savastano 6/30/2023 EmergencyManagementAgency Connor Lincoln 6/30/2023 EmergencyManagementAgency Neil Hamel 6/30/2023 EmergencyManagementAgency Carl Langlois6/30/2023 EmergencyManagementAgency Timothy McDonald 6/30/2023 EmergencyManagement Agency Mike Xenakis6/30/2023 EmergencyManagementAgency Daniel Moore 6/30/2023 EmergencyManagementAgency Charles Gray N/A EmergencyManagementAgency John Weir N/A Festival Committee Jeffrey Coco 6/30/2023 FestivalCommittee Sharon Coco6/30/2023 FestivalCommittee Tod Wakeman 6/30/2023 FestivalCommittee Ashley Vaillancourt 6/30/2023 FestivalCommittee Chanida Oros6/30/2023 FestivalCommittee Neil Hamel 6/30/2023 FestivalCommittee Genevieve Koenig 6/30/2023 FestivalCommittee William Murphy 6/30/2023 FestivalCommittee EricFoulds 6/30/2023 FestivalCommittee Connor Lincoln 6/30/2023 FestivalCommittee Robert Leonard 6/30/2023 FestivalCommittee Ashley Golab6/30/2023 FestivalCommittee JustinGorbet 6/30/2023 FestivalCommittee KathleenVarga6/30/2023 FestivalCommittee Thomas Dugan 6/30/2023 FestivalCommittee MarySchruender 6/30/2023 FestivalCommittee James Fazio6/30/2023 FestivalCommittee KristynPerry 6/30/2023 6 Finance Committee- Chair Denevan O'Connell 6/30/2023 FinanceCommittee-ViceChair ChristineAllen6/30/2024 FinanceCommittee ReginaKean6/30/2023 Finance Committee Nancy Sarro 6/30/2024 Finance Committee Dustin Silk 6/30/2023 FinanceCommittee BriannaStetson6/30/2025 Finance Committee Eva Pastor 6/30/2024 KenGray6/30/2025 Finance Committee Finance Committee KeithChaney6/30/2025 FinanceCommittee JillianBrothersN/A FinanceDirector LyneSavageN/A G.L. Community Action Council Laurie Burzlaff 6/30/2024 GLSD Boardof Commissioners Tim Willett 6/30/2024 Harbor Master Peter BoyntonN/A Board of Health Joseph McCarthy 6/30/2025 Board of Health 6/30/2023 Jennifer Abou-Ezzi Board of Health MichelleDavis 6/30/2024 Board of Health Dr. PatrickScanlon 6/30/2023 Board of Health Jennifer LeBourdais6/30/2024 Historical Commission Kathleen Szyska 6/30/2024 HistoricalCommission AnneEricson6/30/2025 HistoricalCommission Jan Williams6/30/2023 HistoricalCommission StanleyLimpert 6/30/2025 HistoricalCommission James Wefers 6/30/2023 HistoricalCommission Ron Rudis 6/30/2024 HistoricalCommission James Dowd 6/30/2024 Kittredge School Building Committee Laurie Burzlaff N/A Kittredge School Building Committee LauraBatesN/A Kittredge School Building Committee Melissa RodriguesN/A Kittredge School Building Committee Andrew McDevitt N/A Kittredge School Building Committee Dr. GreggGilligan N/A Kittredge School Building Committee Dr. James N/A Mealey Kittredge School Building Committee Stephen Foster N/A Kittredge School Building Committee RichardCushing N/A Kittredge School Building Committee Diana BeckleyN/A Kittredge School Building Committee DenevanO'Connell N/A Kittredge School Building Committee MaureenSakakeeny N/A Kittredge School Building Committee KathleenColwell N/A Kittredge School Building Committee Eva Hamori Library Trustee Ann Cavanaugh N/A Library Trustee Stan Limpert N/A 7 Library Trustee William Duffy,Jr. N/A Library Trustee MaryDishaw N/A Library Trustee EarlSvendsen N/A Library Trustee Eva Hamori N/A Library Trustee MarkRodgers N/A Master Plan Implementation Committee Jonathan Strauss 6/30/2023 Master Plan ImplementationCommittee Meredith Barnes-Cook 6/30/2023 Master Plan ImplementationCommittee JimWefers 6/30/2023 Master Plan ImplementationCommittee Hollie Williams6/30/2023 Master Plan ImplementationCommittee Stan Limpert 6/30/2023 Master Plan ImplementationCommittee Eitan Goldberg 6/30/2023 Master Plan ImplementationCommittee Sean McDonough 6/30/2023 Master Plan ImplementationCommittee RichardVaillancourt 6/30/2023 Master Plan ImplementationCommittee GeorgeKoehler 6/30/2023 Machine ShopVillage HarryAznoian 6/30/2024 Machine ShopVillage Bernard Zelitch 6/30/2023 Machine ShopVillage JustinLaFond 6/30/2024 Machine ShopVillage Tim True. 6/30/2025 Middle School Building Committee LaurieBurzlaff N/A Middle School Building Committee Steve Foster N/A Middle School Building Committee Mike GrantN/A Middle School Building Committee JorgeGoncalves N/A Middle School Building Committee Janice PhillipsN/A Middle School BuildingCommittee Joseph HicksN/A Middle School Building Committee David Mueller N/A Middle School Building Committee JenniferWhitney N/A Middle School Building Committee JenniferCronanN/A OldCenterHistoricDistricComm HarryAznoian6/30/2023 Old Center HistoricDistricComm Ryan Schruender 6/30/2024 Old Center HistoricDistricComm Martha Larson 6/30/2024 Old Center HistoricDistricComm Roger Lawson 6/30/2024 Old Center HistoricDistricComm Michael Lenihan 6/30/2023 Old Center Historic Distric Comm Leslie Frazier6/30/2025 Old Center HistoricDistricComm KathleenSzyska 6/30/2025 Old Center HistroicDistrict-Alt Laurene Belsito6/30/2023 Patriotic Observance Committee David Hruban 6/30/2024 Patriotic ObservanceCommittee Paul Gangi 6/30/2023 PatrioticObservanceCommittee John Thompson 6/30/2023 PatrioticObservanceCommittee Dan Lanen6/30/2024 PatrioticObservanceCommittee Joseph Smith 6/30/2023 PatrioticObservanceCommittee Herman Benson 6/30/2023 PatrioticObservanceCommittee AnneArmitage 6/30/2023 PatrioticObservanceCommittee JeffreyClark 6/30/2023 8 PatrioticObservanceCommittee 6/30/2024 JillianKemp PatrioticObservanceCommittee CharlesGangi6/30/2023 Courtney Igbinosa Patriotic ObservanceCommittee 6/30/2023 PatrioticObservanceCommittee MikeNolan6/30/2024 Joseph LeBlanc N/A PatrioticObservanceCommittee PatrioticObservanceCommittee Rosemary Smedile N/A Planning Board Eitan Goldberg 6/30/2023 PlanningBoard JohnSimons6/30/2024 PlanningBoard PeterBoynton6/30/2023 Planning Board 6/30/2025 AlissaKoenig PlanningBoard KellyCormier6/30/2023 Planning Board-Associate Sean Kevlahan 6/30/2024 Poet Laureate Mark Bohrer 6/30/2023 PoetLaureate Committee Karen Kline 6/30/2025 PoetLaureate Committee 6/30/2024 Christa Lamb PoetLaureate Committee 6/30/2023 Taylor Mace PoetLaureate Committee Jason O'Toole 6/30/2023 Registrars of Voters Dawne Warren N/A RegistrarsofVoters EileenKelly 3/31/2023 RegistrarsofVoters Karin Rhoton3/31/2024 RegistrarsofVoters Colleen Martin3/31/2025 Sustainability Committee- Co Chair Andrew Mitchell6/30/2023 Sustainability Committee- Co Chair JoannaO'Connell6/30/2025 Sustainability Committee Kimberley Pass6/30/2024 Sustainability Committee JessicaPimentel 6/30/2023 Sustainability Committee AlvinPimentel 6/30/2025 SustainabilityCommittee 6/30/2025 KevinDube Sustainability Committee Adrienne Goldman 6/30/2023 Sustainability Committee 6/30/2025 Kanthi Sattiraju Sustainability Committee JimStanfordN/A Sustainability Committee Stephen Foster N/A Town Moderator Mark DiSalvo N/A Utility Abatement Review Board Lyne Savage N/A Veterans Services Director Joseph LeBlanc N/A Youth & Recreation Council Jonathan Hurtig 6/30/2023 Youth&RecreationCouncil Hollie Williams 6/30/2023 Youth&RecreationCouncil JennaSideri6/30/2024 Youth&RecreationCouncil John Dupuis6/30/2024 Youth&RecreationCouncil Terry Holland 6/30/2023 9 Youth&RecreationCouncil Peter Breen 6/30/2024 Youth&RecreationCouncil Andrew Firmin 6/30/2023 Youth&RecreationCouncil Katie Graham 6/30/2025 Zoning Board of Appeals Ronn Faigen 6/30/2024 ZoningBoard of Appeals Alexandria Jacobs 6/30/2024 ZoningBoard of Appeals Michael Lis6/30/2023 ZoningBoard of Appeals Steve Seide 6/30/2024 ZoningBoard of Appeals Allan Cuscia 6/30/2023 ZoningBoardofAppeals-Associate FrankKillilea6/30/2024 ZoningBoardofAppeals-Associate LauraCraig-Comin 6/30/2025 ZoningBoard of Appeals - Associate JamesTesta6/30/2025 10 Elected Officials Select Board JANICE M. PHILLIPS 3/26/2024 ROSEMARY CONNELLY SMEDILE 3/25/2025 LAURA M. BATES 3/24/2026 RICHARD M. VAILLANCOURT 3/26/2024 BRIAN EDWARD ROACHE 3/24/2026 School Committee PAMELA PIETROWSKI 3/26/2024 DAVID SCOTT BROWN 3/24/2026 JOSEPH HICKS 3/25/2025 ANDREW MCDEVITT 3/26/2024 ALISSA KOENIG 3/24/2026 Moderator MARK DISALVO 3/26/2024 Housing Authority MARSHA FINKELSTEIN 3/28/2028 STEPHEN LONG 3/30/2027 EDWARD CAPODILUPO 3/25/2025 MAX BUTTERBRODT 3/31/2026 TRACY WATSON State-Appointed Greater Lawrence Technical School District Committee WILLIAM C. TARBOX 3/24/2026 11 TOWN MANAGER MISSION STATEMENT The Select Board serves as the chief goal-setting and policy-making agency of the Town. The Town Manager is the Chief Executive Officer and is the primary officer responsible for the implementation of Select Board policy and compliance with town by-laws, the town charter and the laws of the Commonwealth of Massachusetts. The Town Manager sets overall operating goals for the Town, which determines the departmental goals, and oversees the efficient and effective administration of town government to achieve those goals. The Town Manager is responsible for ensuring the continued economic, social, and financial viability of the Town, and also for ensuring the delivery of quality services to the residents and taxpayers of the Town. HIGHLIGHTS FROM 2023 Sustained AAA bond rating. Began construction of the Middle School in accordance with Facilities Master Plan II. Provided flood assistance to residents using Columbia Gas discretionary funds. Maintained the Town’s reserves (Stabilization and Capital Stabilization) at a minimum of approximately 5% of General Fund operating revenues. Began implementation of the Field Master Plan with design of improvements to McEvoy Field. Entered feasibility study agreement with Massachusetts School Building Authority and executed contracts with the Owner’s Project Manager. CURRENT STAFF AND/OR BOARD MEMBERS Select Board: Janice Phillips, Chair Rosemary Connelly Smedile, Clerk Laura M. Bates Richard M. Vaillancourt Brian E. Roache Town Staff: Melissa Murphy-Rodrigues, Town Manager Denise Y. Casey, Deputy Town Manager Laurie Burzlaff, Assistant Town Manager/Director of Operations Jillian Brothers, Executive Assistant Sarah Brush, Social Media Coordinator/Constituent Services 12 TOWN ACCOUNTANT MISSION STATEMENT The Town Accountant provides the controllership and audit functions for the Town and its departments and agencies. The Accounting Department protects the fiduciary interest of the Town by ensuring that the financial records are accurately maintained and preserved; supervising and monitoring the expenditures of the Town funds; utilizing sound accounting practices; and performing all other auditing and accounting functions pursuant to the Town Charter, Town By- Laws and the laws of the Commonwealth of Massachusetts. HIGHLIGHTS FROM 2023 Awarded the Distinguished Budget Presentation Award for the twelfth consecutive year. Awarded the Annual Comprehensive Financial Report (ACFA) for FY23. Complied with State filing requirements by certifying the Balance Sheet by August 3, 2023 Complied with State filing requirements by completing the Schedule A by August 10, 2023. SIGNIFICANT STATISTICS Hire new Town Accountant Implemented a Digital Budget Book for operating budgets and capital budgets. See the attached pages from the FY23 Town’s (ACFR) Annual Comprehensive Financial Report on starting on page 135. The full report can be found on the Town’s website at www.northandoverma.gov 13 ASSESSOR’S OFFICE MISSION STATEMENT The Assessor’s Office is statutorily responsible for valuing all taxable and exempt real estate, personal property as well as generating the Real and Personal Property Tax Roll Warrant and administering Motor Vehicle Excise Taxes. The goal of the office is to provide fair and equitable assessments and superior customer service to the community. The Assessor’s Office processes all statutory and CPA exemptions, Chapter Land Classification Applications, Income and Expense Returns, Personal Property Forms of List, Form 3ABC Property Exemption Applications and Applications for Abatements. The office defends all real estate and personal property valuations at the Massachusetts Appellate Tax Board. The office utilizes a Computer Aided Mass Appraisal (CAMA) system called Patriot Properties Assess Pro 4.7.5 which contains the Town’s Real Estate Records, Geographic Information System (GIS) mapping and property ownership information. The Assessor’s Office analyzes real estate sales and financial data annually and performs interim year valuation adjustments as required. Department of Revenue Statistical criteria are met and exceeded, ensuring values are uniformly standardized for fewer abatements and appeals. SIGNIFICANT CHANGES There are no significant changes to report. 2022-2023 ACCOMPLISHMENTS In fiscal year 2023, the assessors valued 11,044 taxable real estate parcels and 905 taxable personal property accounts for a total taxable value of $7,021,739,642. The fiscal year 2023 Real and Personal Property Taxes totaled $91,756,274.49. Fiscal year 2023 Motor Vehicle Excise taxes were $5,058,319.42. The total revenues for fiscal year 2023 by the assessor’s office was $96,824,593.91. Completed the Interim Revaluation and Certification of all Real and Personal Property for FY23 with a timely filing of documentation to the Department of Revenue. The assessor’s office processed 127 Statutory Exemptions, 38 CPA Exemptions, and 54 abatement applications. The Assessor’s Office continued its ten-year cyclical inspection mandate by collecting data on 407 real estate parcels. 14 REVENUES & VALUATIONS The assessor’s value all of the real estate and personal property within the Town of North Andover. After the Select board determine the appropriate Minimum Residential factor and the Tax rate is approved by the Department of Revenue; The Assessor’s office commits the amount of taxes to be collected on the real estate tax bill to the Treasurer/Collector’s office. Fiscal Year 2023: Aggregate Value of Real Estate – 12 months $ 6,838,541,152.00 Aggregate Value of Personal Property $ 183,198,490.00 Real Estate Tax Levy $ 88,561,074.26 Personal Property Tax Levy $ 3,160,173.95 Residential Rate per Thousand $ 12.24 Commercial, Industrial & Personal Property Rate per Thousand $ 17.25 Water Lien $ 198,790.64 Sewer Lien $ 248,170.54 Interest (Water) $ 22,496.70 Interest (Sewer) $ 25,743.81 Betterments & Interest Chapter 80 (Sewer) $ 8,271.80 Chapter 40 (Sewer) $ -- Committed Interest (Sewer) $ 168.71 Committed Interest (Water) $ -- Water/Sewer Lien Demand $ 19,071.30 Water/Sewer Lien Demand Commit Interest $ 2,188.65 Buildings and Vacant Land Assessed Single Family 6,341 Condominium 2,174 Miscellaneous Residential 27 Two Family 388 Three Family 51 Four-Eight Family 60 Vacant Land 321 Residential/Commercial 33 Commercial Buildings and Land 510 Industrial Buildings and Land 77 Personal Property Accounts 890 Chapter 61 Forest Property 8 15 Chapter 61A Agricultural Property 142 Chapter 61B Recreational Property 7 Exempt Buildings and Land 486 Public Utilities 8 Utilities Valued by State 4 STAFF AND BOARD MEMBERS STAFF William B. Mitchell, MAA, RMA- Chief Assessor Julio Figueroa, MAA - Assistant Assessor Samuel G. Cheney, Jr. - Field Assessor Michele Keohan – Data Collector Jennie Wright - Assessing Technician BOARD MEMBERS Bryan Perry - Chairman Nicole Hruban - Board Member Christian Colwell - Board Member I would like to thank the Board of Assessor’s for always going above and beyond to make sure the Department of Revenue deadlines are met. I want to also thank the staff for always being friendly to the public and always taking the opportunity to educate our residents on the processors associated with establishing fair and equitable assessments. The assessing office is always open to anyone that has questions about what we do. I believe that educating the public on their valuations and taxes remains the most important part of our duty as a public servant. --William B. Mitchell. MAA, RMA, Chief Assessor 16 BOARD OF APPEALS (ZONING) MISSION STATEMENT The Zoning Board of Appeals (ZBA) hears and decides matters specified in the North Andover Zoning Bylaw and other matters referred by MGL Chapter 40A. On a case-by-case basis, the ZBA hears applications for variances, special permit requests where the Zoning Bylaw designates the ZBA as the Special Permit Granting Authority and appeals of decisions by the Building Commissioner or any administrative official. The Board also administers the Comprehensive Permit process for affordable housing set forth under MGL Chapter 40B. HIGHLIGHTS FROM 2023 The ZBA office managed and guided applicants through a total of twenty (20) appeals processes. In January 2023, the ZBA welcomed a new Chair, Alexandria A. Jacobs, and a new Vice- Chair, Michael T. Lis. In June 2023, one associate member, Frank J. Killilea, was elevated to full member, and voted in as Clerk. In December 2023, the ZBA welcomed a new associate member, Matthew J. Ginsburg. SIGNIFICANT STATISTICS As of January 3, 2024, the ZBA office managed and guided applicants through a total of twenty (20) appeals processes. Of these, 11 were Variances, four (4) were Special Permits, and five (5) were Findings. The Findings were not upheld. Three (3) of the four (4) Special Permits were granted for two-family homes. 2023 STAFF AND/OR BOARD MEMBERS Alexandria A. Jacobs, Esq., Chair Paul Hutchins, Building Commissioner & Zoning Enforcement Officer Michael T. Lis, Vice-Chair Jennifer Battersby, Department Assistant Frank J. Killilea, Clerk Ronn R. Faigen Steven R. Seide Laura Craig-Comin, Associate James M. Testa, Associate Matthew J. Ginsburg, Associate 17 BUILDING DEPARTMENT The following table indicates construction activity for 01/01/2023 – 12/31/2023. The permitting process and inspection remained on schedule. We wish to thank those Town Departments that cooperated in the proper enforcement of Public Safety and Zoning By-Laws. PERMITSISSUEDNUMBEROF PERMITS NEW SINGLE DWELLINGS 4 NEWMULTI DWELLINGS 0 RESIDENTIAL ADDITIONS& ALTERATIONS 765 NEWCOMMERCIAL&INDUSTRIALBUILDINGS4 COMMERCIAL&INDUSTRIALADDITIONS,ALTERATIONS182 POOLS 17 ACCESSORY/SHEDSBUILDING 19 SIGN 46 TEMPORARY DUMPSTERS 19 TEMP TENTS 12 CERTIFICATE OFINSPECTIONS 114 CERTIFICATE OF OCCUPANCY 72 WIRELESS FACILITIES/SOLARINSTALLATIONS 138 SHEET METAL 47 MECHANICAL EQUIPMENT 55 TOTAL NUMBER OF BUILDINGPERMITSISSUED 1494 TOTAL BUILDINGPERMIT FEE’S $976,115.76 ELECTRICAL PERMITS 964 GAS PERMITS 508 PLUMBING PERMITS 567 TOTAL NUMBEROF UTILITYPERMITS ISSUED 2039 TOTAL UTILITYPERMIT FEE’S $251,349.99 TOTAL NUMBER OF PERMITSISSUED – BUILDING & 3533 UTILITIES TOTAL BUILDING& UTILITIES FEE’S $1,227,465.75 Paul Hutchins, Building Commissioner, Zoning Enforcement Officer Joel Bedard, Local Building Inspector Stephen Galinsky, Plumbing/Gas Inspector Nabil Daher, Electrical Inspector Merylle Chase, Department Assistant 18 COMMUNITY PRESERVATION COMMITTEE The Community Preservation Committee concluded its twenty-third year by holding a successful workshop in November to work with community members who were contemplating projects. We were able to provide useful guidance to prospective applicants so that their applications would meet the requirements of the program. Our addition of a notice of intent process allowed applicants to have their projects reviewed before the final applications were due leading to better quality proposals in the final applications. Projects concluded by applicants over the past year include the Second Burying Ground and the Bathroom Renovations at Baldwin/Francis Street Family Housing. 19 CONSERVATION COMMISSION MISSION STATEMENT The Conservation Department and the seven-member volunteer Conservation Commission are charged with implementing the Massachusetts Wetlands Protection Act, a law that requires landowners and project proponents to file with the Conservation Commission whenever their activities occur in or in close proximity to rivers, streams, lakes, ponds, wetlands, floodplains and riparian areas. In addition, the Department and Commission administer the North Andover Wetlands Protection Bylaw and associated Regulations, which are designed to be more protective of the Town’s wetland resources than that provided for in the Act. The Department and Commission also manage conservation land, agricultural licenses, launch environmental education programs and provide leadership and advice on the protection of natural resources in the community. HIGHLIGHTS FROM 2023 The Commission typically holds an average of 22 meetings per year. Between July 1, 2023, and December 13, 2023, the Conservation Commission held 9 meetings, accounting for an aggregate of well over 170 hours of meeting time served by the Commission as a body. This does not include personal time that individual members spend visiting sites, reviewing application material in preparation for the meetings as well as being available to staff to provide guidance and answer questions as to process and procedures. The Commission successfully permitted numerous homeowner related projects, including septic system upgrades, house additions and swimming pools. The Commission reviewed and issued an approval for the redevelopment of the Middleton Farm Supply site off Route 114/Turnpike Street at the Middleton Town line for the construction of a commercial building, associated parking, utilities and stormwater management features. The Conservation Department, in partnership with the Community and Economic Development Department and contracted consultant Horsley Witten Group is spearheading a project to update the Town’s Open Space and Recreation Plan (OSRP), which expired at the end of calendar year 2023. When a community has an approved OSRP, it becomes eligible for Department of Conservation Services (DCS) grant programs for up to seven (7) years. The updated plan will be complete by the end of June 2024. 20 Pursuant to EPA’s Massachusetts Small MS4 General Permit, the Department continued to provide public education on stormwater and best management practices to keep water resources clean. A major facet of this effort is attributed to our on-going partnership with Greenscapes North Shore Coalition, which is a collaborative of municipalities and partner organizations, focusing on stormwater and watershed related issues. With the help of the IT Department, messaging is broadcast via the Town’s social media platforms and webpages. The Conservation Department continued its valuable partnership with the Friends of North Andover Trails (FONAT) and works to facilitate their greatly appreciated efforts to maintain the Town’s open space trails. The Conservation Department has experienced turnover in staff with the Field Inspector having left at the end of March 2023. A new Field Inspector started in the middle of May and brings a background of field-based research in wildlife biology to the position, with particular expertise in aquatic and terrestrial species (endangered anuran (frog), salamanders, fish and other amphibians). She also possesses experience in wetland surveys, trail construction and trail user education. Conservation Department staff bring complimentary skill sets, a very strong work ethic and commitment to teamwork to the Department, the Conservation Commission, as well as to the Community and Economic Development Division as a whole. SIGNIFICANT STATISTICS Between July 1, 2023, and December 14, 2023, the Conservation Commission issued the following permits/decisions: Small Projects 7 Requests for Determination of Applicability 5 Notices of Intent 11 Amendments/Modifications 2 Partial Certificates of Compliance 3 Certificates of Compliance 17 Extension Requests 1 Abbreviated Notice of Resource Delineation 0 Violation Letters/Enforcement Orders 9 21 CURRENT STAFF AND/OR BOARD MEMBERS Current Staff: Amy Maxner – Conservation Administrator Justine Fox – Field Inspector Jaime Phelan – Administrative Assistant Current Conservation Commission Members: Louis A. Napoli - Chairman Albert P. Manzi, Jr. – Vice Chairman Joseph W. Lynch John T. Mabon Sean F. McDonough Brad Mustain Marissa Valentino 22 ELDER SERVICES MISSION STATEMENT To advocate for older adults; to identify their needs; to meet their health, social and cultural needs; to encourage maximum independence, and to improve their quality of life. HIGHLIGHTS FROM 2023 July 2023 senior center operations were moved from 120R Main Street to the newly constructed center at 481 Sutton Street. Within the first three months of opening, participation increased by 48% in the number of times people participated at the center either through programs, meals, van rides or services. There was a 27.6% increase in the number of people served and transportation increased by 30%. The Department of Elder Services has embarked on a Needs Assessment to identify current and long-term needs of residents aged 60 and over. In an effort to better serve North Andover’s growing demographic of those 60 and over, we have teamed up with the Gerontology Institute at the University of Massachusetts Boston to conduct the assessment and analyze the results. The results of the assessment are anticipated January 2024. We are proud to announce that the North Andover Senior Center has earned national accreditation by the National Council on Aging/National Institute of Senior Centers. Accreditation provides official recognition that a senior center meets the nine standards of senior center operations. To earn this honor, we were required to meet the highest standards based on nine national senior center standards of operation: purpose, community collaboration, program planning, evaluation, financial management, governance, administration/human resources, record keeping, and facility. After 12 months of planning, writing and fine tuning our operations all written reports were submitted. Following the review of the documentation, an on-site reviewer visited the center for two days and complied a report of her findings. Her recommendation was then submitted to the National Institute of Senior Centers Accreditation Board. September 2023 the congregant meal program was reestablished for Tuesdays, Wednesdays and Thursdays and we are averaging 100 meals per week. 23 SIGNIFICANT STATISTICS In 2023 NA Elder Services served 1,369 residents a total of 41,592 times. Program Number of Participants Community Education368 Service Projects 62 Food Home Delivery 165 Fitness/Exercise 365 Recreational 641 Social Events 351 Outreach71 CURRENT STAFF AND/OR BOARD MEMBERS COA Board of Directors: Dave VansArdale, Chairperson, Luke Michel - Vice-Chair, Quentara E Costa, Secretary Board Members: Tallie Abernathy, Jennifer Abou-Ezzi, Eileen Donovan Elliot, Dr Harry Kaloustian, Al Naffah, Patricia Riley, Maria Rosati, Jean Thompson, and Remo Zimbaldi Associate Members: Tallie Abernathy, Priscilla Raposa Staff: Elder Service Director Kathy Shelp Cahla Ahlstrom, Lya Morse, Paula Lynch, Nancy Barry, Christine Rock, Cynthia Saab (Jan.- March), Gloria Philbrick (Jan.-July), Eduardo Fernandez, and Jim Long Friends of the North Andover Senior Center Inc: North Andover Elder Services is supported by the Friends of the North Andover Senior Center Inc. The Friends provide financial and volunteer support for programs and services offered at the senior center. 24 FIRE DEPARTMENT MISSION STATEMENT The North Andover Fire Department is dedicated to the protection and preservation of life and property, through aggressive fire suppression, fire prevention, emergency medical services, public education, hazardous materials control and containment, the mitigation of other disasters both natural and manmade, and assisting the public in all areas. HIGHLIGHTS FROM 2023 The Department welcomed two new firefighters, FF Matthew Caterino, FF Marcel Cuffy Firefighters FF Joshua Edwards, FF Christopher Arnold, FF Matthew Caterino, and FF Marcel Cuffy graduated from the Massachusetts Fire Fighting Academy. The Fire Department secured funding through ARPA for the following projects: o Radio infrastructure upgrades o Improving on the Department’s Continuity of Operations Plan, by outfitting of the department’s training room as an Emergency Operations Center. o Outfitting an emergency shelter trailer for supplies to assist with temporary housing of residents displaced by natural disasters. o Working with the Board Of Health Director for Town field AED program The Fire Department was awarded grant funding through the Executive Office of Public Safety and Security and the Department of Fire Services in the amount of $24,999.98 to purchase Ballistic vests and FF Turn out Gear for our firefighters. The Fire Department was awarded $ 7,158 in funding for public education for youth and senior citizens in the community through the Safe Grant. The department secured $166,169.54 in Medicare reimbursement from the Massachusetts Public Ambulance Certified Public Expenditure Program August, 2023 ______________________________________________________________________________ 25 SIGNIFICANT STATISTICS Total Calls for Service for 2023: 6387 Total of all fires in 2023: 44 Total calls for EmergencyMedical Services: 3687 CURRENT STAFF Fire Chief: John Weir Deputy Fire Chief: Graham Rowe Fire Prevention Lieutenant: Robert Kilcoyne Fire Prevention Lieutenant:Scott Nussbaum EMS Coordinator: Jeff Deschenes Office Manager: Jo-Ann Lanen Lieutenants: Jeffrey Crosby Matthew Lacolla Matthew Davis James Loisou Jeffrey Gartside Jonathan McCarthy Neil Patnaude Timothy McGuire David Hebert Andres Mencia Jeffrey Judge Daniel Pas Christopher Dufresne Firefighters: Christopher ArnoldKevin Lundy Michael Risacher Justin AylaianWilliam Lynch Christopher Rowan Samuel BirdNicholas Martone Daniel Ryan Sarah Capuano Cody McAllister James Savarino Robert Crane Ian McAllister Matthew Sifferlen Jeffrey Deschenes John McClellan Kevin Smiertelny Christopher Dufresne Ronald McNutt Scott Swiniarski Joshua EdwardsDaniel Napoli David Testa Dominic GoliniDann Nicolosi Ryan Titcomb Hunter Hassam Richard O’Connor Matthew Twiss Christopher Holland Jason Ouellette Michael Vu Elizabeth Iminski Nicholas Paddelaro James White Kyle Kobierski Neil Patnaude Blake Zwinggi Sean Powers Joshua EdwardsChristopher Arnold Matthew CaterinoMarcel Cuffy 26 HEALTH MISSION STATEMENT The mission of the Health Department is to protect and promote public health, the environment and wellbeing of the Town of North Andover’s residents, businesses and visitors. HIGHLIGHTS FROM 2023 The Board of Health has one new member and has hired a new Public Health Inspector. Assisted with Influenza Vaccinations, COVID-19 Vaccinations and Boosters for residents, students and town employees. Received a multi-year “Public Health Excellence Grant” from the Commonwealth’s Department of Public Health, the Health Department hired a regional Shared Services Coordinator, regional Health Inspector, and a regional Public Health Nurse. All of these positions are shared between six communities (Andover, Haverhill, Lynnfield, North Andover, North Reading, Reading) and will add capacity to our regional public health infrastructure with North Andover acting as the host community. They provide regional assistance and are separate and distinct from the Town’s own Health Inspector and Public Health Nurse. Updated Local Animal Regulations and began updating local food, trash hauler and septic regulations. Assisted with the opening of new restaurants and multiple new companies and the senior center through Technical Review Committee meetings. Collaborate with various departments for food, septic, and housing inspections. Monitored all aspects of septic for public safety and state mandates. Monitored town businesses Weights and Measures to comply with state standards. Completed additional online permit applications to improve, consolidate, simplify, and streamline the permitting process for Health Department permit applications, plan review guides and the annual permit renewal process. Completed a Community Health Assessment in collaboration with Health Resources in Action and the Town of Andover. Participated in monthly Region 3B Emergency Preparedness programs, meeting all deliverables and general emergency preparedness requirements. Responded to all Housing complaints within 24 hours to ensure public safety. Completed all routine Food inspection within the State approved timeframe and responded to all food complaints within a 24-hour time frame. Reviewed and inspected septic system installations and repairs in addition to reviewing pumping records, Title 5 inspection reports and follow up. Responded to all Animal Inspections immediately to ensure public safety. Permitted and inspected all Semi-Public and Public pools to ensure compliance with State regulations. Permitted and inspected Body Art Establishments to ensure compliance with local regulations. Continued and maintained sunscreen dispenser locations throughout Town for our Impact Melanoma Campaign. 27 Received a grant from the Food and Drug Administration (FDA) and National Environmental Health Association (NEHA) to strengthen our retail food protection program SIGNIFICANT STATISTICS Commercial Permits – 172 Professional Permits – 54 Food Est./Related Permits & Reviews – 224 Septic (all related reviews/permits/inspections) – 106 Offal Haulers/Trash Haulers and Placards – 270 1 – Animal (35), Body Art (4), Ice Rink (1), Rec Camps (5), Sun Tanning (1), Swimming Pools (20), Tobacco (15), Wells (4), Dumpster (87) 2 – Body Art Practioner (6), Funeral (2), Septic Installer (26), Septic Inspector (20) 3 – Food (134), Temp (75), Food Plans (15) 4 – Title 5 (58), Plan Reviews (10), Soils (9), Repairs (23), Trench (5), Exams (1) 5 – Offal (74), Trash Hauler (69), Placards (127) CURRENT STAFF AND/OR BOARD MEMBERS Brian LaGrasse – Health Director Shanene Pierce – Health Inspector Carolyn Lam, RN – Public Health Nurse Toni K. Wolfenden – Department Assistant Dr. Patrick Scanlon D.O., - Town Physician, Clerk Michelle Davis, RN – Chair Bral Spight – Member Jennifer Abou-Ezzi, RN – Member Jennifer LeBourdais, RN - Member 28 HISTORICAL COMMISSION MISSION STATEMENT The North Andover Historical Commission is a seven-person volunteer board whose members are appointed by the Board of Selectmen. Our mission is to serve as a resource to the citizens of North Andover in matters pertaining to the history of the town, helping to protect and preserve houses, landscapes, monuments and places of historic value. HIGHLIGHTS FROM 2023 Members of the Historical Commission served as members of the following town committees: o Community Preservation Committee o Old Center Historic District Commission o Master Plan Implementation Committee o 400 Great Pond Road Steering Committee o Historic Preservation Master Plan Committee. The Historical Commission reviewed and approved demolition permit applications on properties at 20 Brown Court and 922 Dale Street. The Historical Commission provided oversight of the First Burial Ground, reviewing requests for new memorials, educational events, as well as maintaining and restoring headstones. The Historical Commission serves as parties to historic preservation restriction agreements to preserve the architectural and historical integrity of the premises. During 2024 the Commission reviewed and approved proposed alterations to the North Parish Unitarian Universalist Church and the Stevens Estate Stables. The Historical Commission provides guidance to the Community Preservation Committee on historic preservation applications for CPA funds, determining whether the resource is significant in history, archeology, architecture or culture of North Andover. Ron Rudis, Chair Jay Dowd, Vice Chair Kathleen Szyska Anne Ericson Jim Wefers Stan Limpert 29 HUMAN RESOURCES MISSION STATEMENT The Human Resources Department serves the employees and citizens of the Town in a manner that reflects the Town’s core values and culture. The Department seeks to promote fairness, open communication, and equal opportunity for all. Services provided include: recruitment, compensation and benefits management, employee/labor relations, human resources information management, compliance reporting, administration of collective bargaining agreements and personnel policies, staff training and development, and internal workplace investigations. HIGHLIGHTS FROM 2023 The Department implemented the Town’s first Health Insurance Opt-Out Program for active Town and School employees. Also, the Department successfully recruited candidates for the key leadership positions of Finance Director and Town Accountant. The Department settled successor collective bargaining agreements with the following bargaining units: AFSCME Local 2978 Administrative Union; AFSCME Local 2978 Professional Librarians; and the Public Employee Committee (PEC). SIGNIFICANT STATISTICS The Town’s first Health Insurance Opt-Out Program for active Town and School employees will result in an estimated savings of over $213,000 for FY24. The Department successfully recruited 139 qualified candidates to fill 31 full-time positions, 7 part-time positions, and 101 temporary/seasonal positions (including 13 promotions of current staff) during the period January 1, 2023 to December 31, 2023. CURRENT STAFF AND/OR BOARD MEMBERS Kerry Meisinger, Human Resources Director Sabeen Sheikh, Human Resources Generalist Kelly Costello, Human Resources Generalist 30 INFORMATION TECHNOLOGY MISSION STATEMENT The Town of North Andover is committed to excellence in Information Technology in order to support communication, collaboration, efficiency, transparency, and service. Investments in North Andover Technology must always be consistent with these goals in their support of Municipal and School Departments, Employees, Students, Parents, Volunteers, and Constituents. The Information Technology Department provides appropriate access to, support for, and maintenance of systems that sustain, enhance, and extend the delivery of high quality, customer- focused service. In support of this mission, the Department is tasked with primary responsibility for long-range planning; resource acquisition and integration; network security, reliability and continuity for all Municipal & School operations. HIGHLIGHTS FROM 2023 The role of Information Technology continues to expand into all aspects of local government. Cyber Security and Public Information continue to be the top priorities. The North Andover Technology Department is committed to the challenge of innovating even during this difficult security climate. Continued to add online permits with the Health Department, Town Clerk and DPW. Continued to support employees in the challenges of working remotely. As a result of the COVID impacted work environment, many users were upgraded from desktop computers to laptops to facilitate working remotely. They were also given high levels of instruction and troubleshooting as staff navigated the new normal. Social media presence increased. Twitter followers increased from 5,516 to 5,458 by the end of 2023. Facebook followers increased from 6,070 To 6,476. The Town currently has 2,574 followers on Instagram up from 2,312 and 329 LinkedIn Connections up from 288. Email subscribers have increased from 2,597 to 3,419 Continued to keep up with technology upgrades and security by implementing a monitored, appliance and cloud based cyber security solution. Replaced 50 computer workstations with laptop computers. Replaced Cisco Core Switch at the Police Station. Replaced Cisco Core Switch at the Middle School. Replaced and upgraded large commercial UPS batteries at multiple public safety buildings. 31 Continue to improve Cybersecurity training for all staff through the State’s Cyber Awareness Grant – awarded for a third year. Centralized Town Cell phone management with Verizon’s MDM solution. Reconfigured phone system call handlers with professionally recorded greetings. Migrated Patriot properties to the cloud. Continued to use a DDOS solution to protect the network from thousands of external attacks providing reliable uninterrupted internet access for the Town and Schools. Replaced 6 phone system routers. Upgraded Genetec Security software to v.5.11.3. Added additional Door Access controllers for added school security. Added devices to Genetec such as new cameras at the Schools. Upgraded Munis Feb 2023. Opened new Senior Center. Replaced CCTV cameras at the Youth Center. Designed new Town Website. Received Grant for 118,000.00 towards a Disaster recovery project. SIGNIFICANT STATISTICS Social media presence increased. Twitter followers increased from 5,516 to 5,458 by the end of 2023. Facebook followers increased from 6,070 To 6,476. The Town currently has 2,574 followers on Instagram up from 2,312 and 329 LinkedIn Connections up from 288. Email subscribers have increased from 2,597 to 3,419 CURRENT STAFF AND/OR BOARD MEMBERS John Hyland, IT Director David Brodeur, Network Administrator David Vidal, Systems Administrator Christine McElhiney, Administrative/Technical Assistant Sarah Brush, Social Media Coordinator 32 STEVENS MEMORIAL LIBRARY MISSION STATEMENT The Stevens Memorial Library (the Library) is committed to enhancing the quality of life for our diverse community and is free and open to all. The Library is a hub fostering literacy and lifelong learning opportunities providing access to materials and resources, technology, programs, and space for people to connect, engage, and learn. HIGHLIGHTS FROM 2023 2023 was filled with a wide variety of activities in the Library, regular events for the youngest to the oldest in the community. Some events started with a book: story times; book chats Beginning Chapter Book Chat and Graphic Novel Book Chat for elementary ages, Tween and Teen Chats for older readers; the Tuesday Evening Book Discussion and the Cookbook Club for adults). Other events were interactive: Crazy 8s Math Club, a Pokeman Club, a Chess Club, and Teen Dungeons & Dragons meetings. Sunday at the Stevens offered an afternoon movie or a speaker. Drop-in Tech Help gave people an opportunity to answer questions about their devices. Having learned that a virtual program offered another way for people to enjoy a program, they were continued. The Library / North Andover Public Schools (NAPS) partnership remains a core connection. The two major events of the year are Summer at the Stevens and North Andover Reads. For Summer at the Stevens, the school library media specialists and Stevens librarians work jointly on recommended reading lists, supplemented with programs, special visitors, crafts and movies. This summer 87 NAPS elementary and middle school classes visited the Library over 6 weeks to promote reading and literacy activities during the summer. North Andover Reads is a mid-year program to encourage reading and connecting, its theme highlights our R.A.I.S.E. initiative. This year's theme was Food with Family & Friends. One special treat: an art installation created by 1,000+ elementary students was displayed at the Library.Our Teen Librarian participated for another year in the High School Independent Reading Classes and the Middle School Book Group. New this fall, the Library became a classroom for the NAPS English Language Classes for Parents. Other community partnership opportunities ranged from the North Andover Garden Club (O rganic Lawn Care & Poison Ivy Control) to the North Parish Black History Month Banners project (banners recognizing local early Black Americans were displayed around Town and in the Library, with movies, music and speaker events) to a visit from Merrimack College for an Interactive Robot Demonstration. Partnerships continued with other Massachusetts public libraries were opportunities to increase the number and variety of programs available to our community. Programs ranged from author talks, history and genealogy, to the employment support with the MA Library Collaborative 50+ Job Seekers Networking Group. 33 I thank the Library staff and commend them for their commitment to providing the best possible customer service, welcoming people each day with a smile. They make all this possible. SIGNIFICANT STATISTICS 2023 by the Numbers By the Numbers data is based on the Library’s annual report to the Massachusetts Board of Library Commissioners, which covers the fiscal year FY23 (July 1, 2022 to June 30, 2023). These FY23 statistics reflect some of the Library’s activity: Library building visitors: 78,028 Reference Desk questions: 13,949 Programs: 423, attendees: 9,430 Circulation of physical collections (books, DVDs, etc.): 203,331 items E-books, e-audiobooks, & E-Library collections used: 42,997 Interlibrary loan service: 48,444 items were transferred to and from other public libraries The Library website recorded 100,174“hits” STAFF AND BOARD MEMBERS Current Library Staff Library Director Kathleen Keenan Assistant Library Director Lucinda Mazza Office Assistants: Brianna Beland, Laura Bover Information Services: Alison Horner, Head; Amelia Ayer, Alyssa Mostyn, Bret Sarbieski, with an open Information Services Librarian position. Circulation & Member Services: Erin Wolff, Head; Susan Duong, Sergei Franson, Michel Glennon, Mary Hohenstein, Eliscia Lothian, Ann O’Brien, Donna Wray. Youth Services “Children’s Services” became “Youth Services” with the combining of the Children’s and Teen services. Megan Williams, Head; Maria Lentini, Children’s Librarian; Amy Fowler-Popoloski, Teen Librarian Custodial Services: Senior Custodian Richard Picardi and an open Weekend Custodian position Best wishes to Charlotte Arredondo, Janice Bader, Brianna Caron-DiPietro, Alan Cohen, Rhonda Cunha, and Loren Motew in their new endeavors. 34 2023 Board of Trustees of the Stevens Memorial Library Stanley Limpert, Chair Lindsey Mayo, Vice Chair Ann H. Cavanaugh, Secretary Eva E. Hamori Mark Rodgers Ron Rudis Earl Svendsen Welcome to Ron Rudis to the Board. I thank the Board of Trustees of the Stevens Memorial Library for their time and their support, their commitment to help the Library becomea hub, offering current, relevant services to the community. Special thanks is given for the new furniture and the power towers purchased for the Reading Room with Endowment Funds. Friends of the Stevens Memorial Library The Friends of the Stevens Memorial Library is a 501(c)(3) organization supporting the Library. Their numerous hours of volunteer service generate funds that allow the Library to enhance its services beyond the annual municipal budget, making such activities as museum passes, weekly events, Summer at the Stevens, and North Andover Reads possible. I thank them for all they do to support the Library and that enriches the community. Respectfully submitted, Kathleen Keenan, Library Director 35 PLANNING DEPARTMENT MISSION STATEMENT The Planning Department of the Community and Economic Development Division advises the Town of North Andover, including the Select Board, the Town Manager, and all appointed Boards and Commissions, residents, the business community and the general public on current land use and development topics. The Planning Department also maintains the Zoning Bylaw and maps that provide the policy and regulatory basis for land use and development as mandated by State and local laws. The Planning Department is committed to providing the community with high-quality, proactive services and programs to enhance the quality of life of the Town’s residents, businesses and visitors, and to promote a well-designed, physically integrated, livable and prosperous community. The Department oversees all applications for Subdivisions, Plan Reviews, as well as Special Permits as required by the Zoning Bylaw. HIGHLIGHTS FROM 2023 As of December 19, 2023, the Planning Board issued the following decisions: Watershed Special Permit 3 Site Plan Review 2 Limited Site Plan Review 1 Projects previously approved and/or currently under construction include: The conversion of approximately 10,000 SF of existing commercial space within the Davis & Furber Mills, which is a portion of the space commonly known as 120 Water Street, into up to 12 residential apartment units; The construction of a new 47,244 SF three-story self-storage warehouse facility located at 1701 Osgood Street; The redevelopment for 48-50 Water Street to include first floor commercial and residential units on the second and third floors; The demolition of two existing buildings located at 149 Main Street (former Santander Bank) and 14 Second Street, and the redevelopment of the site into a three story mixed use project that will include approximately 8,772 SF of ground floor commercial space, along with a total of twenty-four residential units allocated between two upper floors of the building; and The construction of a 26,000 SF, two-story classroom addition to the North Andover Middle School. The Planning Department coordinates and manages Technical Review Committee (TRC) meetings, which are held at the request of applicants that may want to open a new business or build a new commercial or residential development in North Andover. In calendar year 2023, eleven TRC meetings were held for various projects including: A 26,000 SF addition to the Middle School; 36 Construction of an indoor soccer/lacrosse recreational facility on an undeveloped portion of the airport property located to the right of Terminal Road; Redevelopment/beautification of the outside areas of 129 Main Street (formerly Dunkin Donuts); Construction of two residential buildings with academic space on a corner of the Merrimack College campus; Safety and stormwater drainage improvements at the North Andover Country Club; Building and site improvements to the North Andover Mall, which include renovating the existing Kohl’s tenant space to accommodate Market Basket relocating into said space, parking lot upgrades to improve traffic circulation, increased landscape areas, upgrades to existing stormwater management system and site lighting upgrades; and Construction of a day care facility located at 1250 Osgood Street (formerly Hokkaido Restaurant). Worked with the Director of Community and Economic Development to oversee the construction phase of the Senior Center, which was granted a temporary Certificate of Occupancy in June 2023. In accordance with an awarded $75K Housing Choice Communities Grant, a consultant was hired to undertake a revision to the zoning bylaws as they relate to the downtown. Project scope included identifying stakeholders, examining existing zoning, community engagement, draft zoning bylaws for review, and final draft for approval process. Effort began in February 2022 and was completed in June 2023. The approval process has been suspended due to prioritizing compliance with the MBTA Communities zoning mandate. Worked with the Engineering Department to prioritize and implement year two of the Sidewalk Connectivity Improvement Plan. Worked with the Director of Community and Economic Development to administer a Request for Proposals for implementation of the design and engineering phase of the Downtown Improvement Master Plan. Although three viable proposals were received, the proposals exceeded the budget and a second Request for Proposals is an anticipated in spring 2024. In coordination with the Staff Planner, oversaw development of a Housing webpage, which includes educational information related to housing policy and initiatives. Partnered with the Merrimack Valley Planning Commission and the Director of Community and Economic Development to inform stakeholders of the MBTA Communities 3A compliance requirements, recommended potential suitable district areas, began drafting bylaw, and conducted public engagement meetings to educate and solicit feedback regarding the State mandate. Worked with the Director of Community and Economic Development and GPI (Town’s engineering consultant) on development of a conceptual design for a shared use path, located 37 in downtown North Andover, which would run from Main Street to High Street via Sutton Pond. The conceptual plan was developed with input from members of the public and primary abutters. It was presented at a public meeting in April of 2023 and has received much positive response. Worked with a stakeholder group to complete the Community Preservation Committee funded conceptual plans for improvements to the Old North Pump Station boat launch area. Completed the Community Preservation Committee funded improvements Hatch-Alewife trail improvements, which included installation of approximately 800 linear feet of split rail fencing and plantings. Researched, drafted, and oversaw proposed Dover bylaw zoning amendment through the Planning Board and Town Meeting approval processes. Participated on the 400 Great Pond Road Steering Committee, which was charged with recommending the reuse of the Town owned property. Long term department projects included: Ongoing coordination with the Merrimack Valley Regional Planning Commission. Ongoing maintenance and updating of the Planning Department’s Procedure Manual. Identification, execution, and completion of successful affordable housing projects leveraging funding provided through the Affordable Housing Trust and Community Preservation Committee. Ongoing scanning of previously issued permits and purging of Planning Department files. CURRENT STAFF AND/OR BOARD MEMBERS Eitan Goldberg, Chairman Jean Enright, Planning Director John Simons, Member Zach Melcher, Staff Planner Peter Boynton, Member Bonnie Wolstromer, Department Assistant Sean Kevlahan, Member Gemma Wilkens, Member Christopher Koskores, Associate Member 38 POLICE DEPARTMENT MISSION STATEMENT The North Andover Police Department is committed to providing the highest level of public safety to the Town of North Andover community through the use of effective and efficient management practices while adhering to clearly defined legal and constitutional guidelines. The members of the Department are empowered to enforce the laws of the Commonwealth of Massachusetts and the By-laws of the Town of North Andover to ensure that the peace and tranquility of our neighborhoods are maintained and that crime and the fear of crime are reduced. The Department emphasizes integrity, honesty, impartiality and professionalism from our members in order to create an environment that values differences and fosters fairness and flexibility in our mission. The Police Department encourages citizen input and interaction that will assist in developing sound partnerships between the community and the police. The North Andover Police Department responds to calls for service on a 24 hour 365 day basis. A police force of over 50 full-time employees, the North Andover Police Department is an accredited agency with the Massachusetts Police Accreditation Commission and has been since 2010. HIGHLIGHTS FROM 2023 During theyear 2023 the police department began to certify officers in accordance with the Police Reform legislation. All of the officers whose last name begin with I through P were successfully certified through the Police Officer Standards and Training Committee (POST-C). The police department also promoted three sergeants to lieutenants. These lieutenants are now in command of the three shifts, midnights, days and evenings. This was done to create clear lines of command and authority to run the day to day operations of the shifts as well as decision making. With the hard work of the Town Manager and Deputy Town Manager, the police department was also removed from Civil Service. This immediately helped us as we are in the process of hiring three officers who have full police academy and POST-C certification and will start work immediately as opposed to waiting for them to graduate a 6 month academy. This brings us into compliance with the POST-C standards. In 2023 we successfully hired three Officers who were put on the streets immediately. In 2022 we implemented our Community Impact Unit (CIU). This is essentially our former traffic unit that is being repurposed to include not only motor vehicle enforcement, but also community related issues. In 2023 the CIU regularly met with various community groups and was able to deter criminal activity, solve community problems before they reached the justice system and also create strong neighborhood bonds. The CIU is part of the Criminal Investigation and School Safety division. Our Community Support Unit has seen in increase in calls for service as well. This Unit works out of the police station and is readily available for walk-ins and other calls when people are in 39 crisis but that do not rise to the level of police services. They work with outside agencies to support residents who need help with mental health, housing, and other such services. CURRENT STAFF AND/OR BOARD MEMBERS Chief of Police: Charles Gray Criminal Investigations Division Commander: Lieutenant Michael Davis Operations Division Commander: Lieutenant Stephen Diminico Administrative Services Division Commander: Director Jonathan Bonanno Community Service Officer: Brad Dicenzo Office Manager for the Chief of Police: Amy McCarthy Records Clerk: Pamela Dempsey Midnight Shift Platoon: Lieutenant Eugene Salois Sergeant William Enright Sergeant TBA Day Shift Platoon: Lieutenant Scott Whittaker Sergeant Fredy Almanzar Sergeant Katherine Gehrke Early Night Platoon: Lieutenant Sean Daley Sergeant Jay Staude Sergeant Brandon James Detectives: Detective Daniel Cronin Detective Michael Reardon Detective Michael Gilligan Court Officer/Firearms: Officer Patrick Beirne Community Impact Unit: Officer Mark Wilson 40 Officer William Gordon School Resource Officers: Officer Jonathan Contreras Officer Mark Wilson and K9 Scarlett Patrol Officers: Officer Robert HillnerOfficer Patrick McGettrick Officer William Brush Officer Paul Jacques Officer Robert Barter Officer Timothy Houston Officer Mark Wilson Officer John Pollard Officer Brendan GallagherOfficer Nicholas Wasczcuk Officer Jason Wedge Officer Matthieu Messina Officer Eric Sewade & K9 NeoOfficer Tyler Thomas Officer Jay Corr Officer William Marcotte Officer Julie Nigro Officer Dennis Graef Officer Anthony Sousa Officer Laura Jiminez Officer Adrian Cuevas Officer Timothy Marshall Officer Daniel FurmanOfficer Stephanie Rizzo Officer Connor Tierney Student Officer Kelsey Fitzsimmons Officer Ashley Kneeland Student Officer Kyle Hooley Communications Officers: Lead Communications Officer Jon Wood CO Eugene Croteau CO Kimberly Woiceshook CO Justin Lacolla CO Marc Gagnon CO Matthew Breeden CO Natasha Kellogg CO Leeham Kennedy CO James Trussell CO Connor Morin 41 DIVISION OF PUBLIC WORKS MISSION STATEMENT The Department of Public Works (DPW) mission is to provide professional quality maintenance, repair, construction services, and capital improvements while operating the following infrastructure: one hundred and fifty (150) miles of streets; approximately one hundred and seventy five (175) acres of parks, playgrounds, school grounds; the Town beach; the Town Common; all public shade trees; one hundred and fifty (150) miles of water mains; ninety (90) miles of sewer mains; twenty three (23) sewer lift stations; five (5) high lift water booster stations; and, maintain and fuel a fleet of over one hundred (100) vehicles. Furthermore, the Department’s mission is also to provide the highest quality drinking water by maintaining the Town’s water supply, Lake Cochichewick, and by optimally operating the drinking water treatment plant, which delivers an average daily consumption of 3.2 million gallons and a yearly total of over a billion gallons. Providing uninterrupted solid waste and recycling removal is also a mission of the Department through a private hauler. Additionally, the DPW provides rapid response to all snow, ice and other inclement weather emergencies, as well as water and sewer breaks. The DPW enforces water, sewer and drainage by-laws, grants petitions of location for utilities, and maintains engineering records and GIS data. HIGHLIGHTS FROM 2023 The Department welcomed a new Staff Engineer, Elaini Sahtouris. Our intern, Daniel Fox was hired full time as Staff Engineer in July 2023. The Department welcomed a new Administrative Assistant Nancy Veins. Glen Alt, our long-term Water and Sewer Superintendent here in the DPW, retired after 21 years with the Town of North Andover. We want to thank Glen for all his hard work and support. Town purchase of 400 Great Pond Road, a house that extends into the water, to continue to preserve and protect the Town’s drinking water supply Lake Cochichewick. Completed the Contract 2B – Waverly Road Phase 1 project for the pavement and sidewalk restoration efforts in response to the September 2018 gas disaster. Approximately 1,350 feet of roadway and sidewalk was repaved along with creating on street parking in front of the Thompson School and installation of two Rapid Rectangular Flashing Beacons (RRFB) for pedestrian safety. Awarded and started the construction contract for the Contract 3-4-5 for the pavement and sidewalk restoration and enhancement activities in response to the September 2018 gas disaster. This included redesigning the intersection of Salton Stall and Herrick Road to increase pedestrian safety and the restoration of approximately 1.4 miles of roadway and 42 sidewalk. Oversaw a culvert assessment program, using the Town’s consultant, including developing a prioritization for repairs and documenting existing conditions in our GIS using a tablet. During August and September 2023, the Town saw unprecedented rain events that flooded major parts of the Town and severely impacted the Town’s infrastructure. Repairs from these flooding events included the following: o Structural lining and repair of two (2) 36-inch corrugated metal pipes on Salem Street that conveys Mosquito Brook; o Repair the headwall for a 48-inch corrugated metal pipe on Johnson Street that conveys the Mosquito Brook; o Repaired severe erosion along the edge of 757 Waverly Road including rebuilding the downstream manholes; o Repaired erosion and rebuilt drain manhole along Holt Road; o Repaired the culvert headwall at 241 Massachusetts Avenue; o Repaired sinkhole and drainage infrastructure at Santander Bank on Route 125 (Chickering Road); o Repaired sinkhole and rebuilt drainage infrastructure at 238 Sutton Street; and o Repaired erosion along various roadways throughout Town. Completed construction of the Phase II of the Route 125 Corridor Improvement Project (Sewer Extension) to accommodate the new Amazon facility. This work included completing the installation of an 8-inch forcemain, gravity sewer line, and constructing a 500 gallons per minute sewer pump station. SIGNIFICANT STATISTICS Total Solid Waste Collected in 2023: 7,293 Tons Total Co-mingled Recyclables Collected in 2023: 2,093 Tons Total Roadway Length Paved in 2023: 4.7 Miles CURRENT STAFF AND/OR BOARD MEMBERS Director: Jim Stanford Assistant Director/Town Engineer: John Borgesi 43 Water and Sewer Manager: Tim Willett Water and Sewer Superintendent: Tiffany Furman Operations Superintendent: John Lavin Project Engineer: Curtis Johnson Staff Engineer: Elaini Sahtouris Staff Engineer: Daniel Fox Lab Director: Maya Chin Business Manager: Tara Hurley Department Assistant: Jennifer Bracero Department Assistant: Karen Hanlon Department Assistant: Nancy Viens Sr. Foreperson: Keith Seguin Sr. Foreperson: Phil Long Sr. Foreperson: Mike Dunn Foreperson: Ron Puchalski Foreperson: Dennis Gagnon Foreperson: Mark Hardy Foreperson: Mark Doherty Water Meter Repair Craftsperson: Mark Cottone Water & Sewer Craftsperson: Roger Clapp Specialty Motor Equip Operator: Robert Viens Special Motor Equip Operator: Tom Geary Special Motor Equip Operator: Sam Pappalardo Special Motor Equip Operator: Rich Hancock Heavy Equipment Motor Operator: Cody Malenfant Heavy Equipment Motor Operator: Benjamin Grenon Heavy Equipment Motor Operator: Chris Long Heavy Equipment Motor Operator: Derek Timpe Meter Reader: Wayne Currier Laborer: David Foote Laborer: Matt Moegelin Laborer: Patrick Cooper Sr. Custodian: Rick Picardi Custodian: John Conlon Custodian: Mike Sifferlen Operations and Maintenance Chief: Brent Salvatore Water Treatment Plant Operator: Joe Grande Water Treatment Plant Operator: Andrew Greenwood Water Treatment Plant Operator: Shawn Rock Water Treatment Plant Operator: Rich Raworth Water and Sewer Mechanic: Mike Nicosia Water and Sewer Mechanic: Dan Hollins Water and Sewer Mechanic: Tim Arthur 44 WATER SUPPLY & DISTRIBUTION FY 2023 There were no water main line extensions in FY23. Three six-inch gate valves, along with ten fire hydrants were installed. The water distribution system now consists of: 153.2 miles of main pipe; 6 twelve-inch check valves; 4 twelve-inch altitude valves; 5 twenty-four-inch butterfly valves; 584 twelve-inch, 4 ten-inch, 1,128 eight-inch, 1,200 six-inch gate valves; with 1,547 public hydrants. SIZE OF PIPE (INCHES) 30 24 12 10 8 6 LENGTH OF PIPE (FEET) 450 1,917 279,256 9,525 439,665 78,119 There were installed in FY 2023 either wholly or partially, 12 water services. Six water mains breaks or leaks were repaired. Ten hydrants were replaced. Around twelve hundred hydrants were inspected, repaired, flushed and flow tested as needed. STATISTICS RELATING TO DISTRIBUTION SYSTEM 1. KIND OF MAIN PIPE CAST IRON, DUCTILE IRON, HDPE 2. SIZES 6” TO 30” 3. EXTENDED DURING THE YEAR (FEET) 0 4. DISCONTINUED (FEET) 0 5. TOTAL NUMBER OF HYDRANTS ADDED DURING THE YEAR 0 6. TOTAL NUMBER OF HYDRANTS NOW IN USE 1,547 7. NUMBER OF STOP GATES NOW IN USE 2,921 8. NUMBER OF MAIN LINE BLOWOFFS 5 9. RANGE OF PRESSURE ON MAINS 35 TO 148 PSI 10. KIND OF SERVICE PIPE IRON, BRASS, PLASTIC, COPPER 11. SIZE OF SERVICE PIPE ¾” TO 12” 12. NUMBER OF SERVICE TAPS ADDED THIS YEAR 12 13. NUMBER OF SERVICE TAPS NOW IN USE 7993 14. NUMBER OF METERS INSTALLED 85 The Ferncroft Circle Water Main Project was designed and advertised for public bid by our Consulting Engineer, Environmental Partners Group. The low bidder was Ponch Excavation of Boston. A Construction Contract was signed for the installation of the new water main, valves, 45 hydrants, and service lines to homes. The work was substantially completed in Fiscal Year 2024, and final pavement is all that remains to be completed. A water service line database including thousands of entries was developed by our Staff Engineer, Elaini Sahtouris. The database is a requirement of Mass DEP to help identify and investigate lead service lines, LSLs. DRINKING WATER TREATMENT PLANT (DWTP) & BOOSTER PUMPING STATIONS Finished Water Pumped FY 2023 Months Million Gallons (MG) July 2022 170.44 Aug 177.66 Sept 126.70 Oct 97.10 Nov 78.66 Dec 80.80 Jan 2023 81.57 Feb 74.08 Mar 79.45 Apr 83.80 May 125.80 June 119.09 Total 1,295.15 Average daily consumption: 3.55 MG/day Max day pumping: August 15, 2022 6.70 MG Largest pumping period: July 20- July 26, 2022 45.51 MG Throughout this fiscal year many repairs and improvements were made within the DWTP, Booster Pump Stations (BPS) and Storage Tanks. The following are just a few of the projects completed: Received Public Water Systems Award (Compliance, Calendar Year: 2022); Passed the requirements to be recertified for bacterial sampling in our lab; Water Treatment Improvement project was ongoing and included the following: o Upgrades to our sedimentation basin as well as our mixers (this includes both rapid and slow mixers); o Our SCADA PC was replaced and upgraded; and 46 Electrical upgrades were ongoing for our flocculation train as well as the chemical o feed controls. Installed new security cameras. CROSS CONNECTION CONTROL PROGRAM (CCCP) The program is ongoing annually in accordance with the Department of Environmental Protection, Division of Water Supply 310 CMR 22.22 Regulations. The Town’s Water Department is ultimately responsible for all actions regarding this program to ensure that it is managed and maintained correctly according to Federal & State Laws. No cross-connection violations were detected in FY 23 thus the program is extremely successful in keeping our water safe from outside contaminated sources. Nine-hundred and nine (909) devices were successfully tested. SEWAGE COLLECTION & TREATMENT FY 2023 In North Andover, sewage is designed to flow in three divisions: The East Side Drainage Area with its trunk sewer following Lake Cochichewick to the Merrimack River; the West Side Drainage Area with two trunk sewers: one on Waverly Road, Mass Ave, Beverly Street and Sutton Street, the other along the Shawsheen River; and the Central Drainage Area bounded by Waverly Road, Middlesex Street, and Main Street to the Merrimack River by way of the Greater Lawrence Sewage Treatment Plant. There are 91.3 miles of sewers in the North Andover Sewerage System with 6,006 house connections. SIZE OF SEWERS (INCHES) 36 30 27 24 21 18 LENGTH OF SEWERS (FEET) 440 10,179 4,171 19,359 7,939 19,992 SIZE OF SEWERS (INCHES) 15 12 10 8 6 LENGTH OF SEWERS (FEET) 2,889 44,090 10,768 280,077 82,154 The Osgood Sewer Project Revoli Construction continued to install gravity sewer mains, manholes, service lines, and force mains in Route 125 and Sutton Street. The new sewer lines underwent leakage testing and video inspection in FY24. Construction of the new pump station continued and was substantially completed. The pump station start-up and final inspection procedure was completed and the pump station was turned 47 over to the Town of North Andover in December 2023. The sewer system will be activated for public use in FY24. Five sewer repairs were completed due to broken gravity lines or force main leaks. Our contractors, FP Reilly and Granese Construction, made the repairs with support from DPW staff. SEWER PUMP STATION (SPS) The Town has the responsibility of maintaining twenty-three sewer pump stations (SPS). These stations are scattered throughout the town and assist the low lying areas in pumping the sewerage to a higher location so that it will eventually reach the Greater Lawrence Sanitary District for treatment. As with anything mechanical, repairs were made to the stations throughout the year. The following is a few projects that occurred during the year: New generator at Campbell Road Sewer Pump Station Pigged Johnson Circle Sewer Pump Station Replaced transfer switch at Coachman’s Lane Sewer Pump Station Wet wells were cleaned at the following sewer pump stations: o Boston Hill; o Palomino Drive; o Johnson Circle; o Blue Ridge Road; o Bonny Lane; o Campbell Road; o Carter Field Road; o Coachmans Lane; o Dale Street; o Hawthorne Place; o Holly Ridge Road; o Meetinghouse Road; o Saile Way; and o Winter Street. Battery Backups for call out dialers during high flow situations were installed at ten sewer pump stations. Structural, mechanical, and electrical improvements are planned for the stations at Coachmans Lane, Winter Street, Saile Way, Jasmine, Willow Street, and Bonny Lane. 48 SCHOOL COMMITTEE MISSION STATEMENT The mission of North Andover Public Schools is to cultivate a respectful community of engaged learners, insightful thinkers, and effective communicators. We do this by providing a vibrant learning community for students in grades preschool through 12. We are committed to ensuring that all of our students are provided an equal opportunity for an excellent education. Our hope is that the strong educational foundation our students receive will allow them to access numerous opportunities beyond our walls. HIGHLIGHTS FROM 2023 During the 2023 school year, the North Andover Public Schools served 4,450 students in grades Pre-K through 12. Enrollment in the district’s special education program was 19.7 percent of the total student population. Our EL population (those students who reported that English was not their first language) was 12.7 percent of the total population, while 3.1 percent of EL students participated in English Learner programming. Our student population designated as low-income was 22.9 percent of our total student population, and all of our students received free meals from Food Services as part of the Massachusetts Universal Free Meals Program. The North Andover School Committee voted to adopt the FY24 recommended budget of $60,364,146at its February 2 meeting. This provides the resources needed to address unfinished learning as a result of the pandemic. It also provides support services for all students, including the highest-needs students. The budget takes into consideration North Andover's Facilities Master Plan II (FMP II). Thank you to the many members of the NAPS team whose work and voices are reflected in this budget and whose efforts throughout the pandemic have been extraordinary. FMP II includes the Kittredge School replacement project, which will be partially funded by the MA School Building Authority (MSBA), and the renovation/addition at the NA Middle School. In May, at the Annual Town meeting, voters approved the operating budget and the capital improvements budgets, which directly impact the Kittredge and NAMS building projects. During 2023, substantial progress was made on each project, allowing for the groundbreaking at NAMS in August and the advancement of the Kittredge project through the MA School Building Authority (MSBA) process. The school year ended on a high note, with 311 North Andover High School seniors graduating on June 2, 2023, after what can only be described as a challenging 4 years at NAHS. The entire 49 NAPS community is extremely proud of this senior class having persevered through very trying times and graduating with their heads held high and bright futures ahead. Dr. Gilligan and the School Committee presented soon-to-be-retired Assistant Superintendent Lorene Marx, with a plaque and a bouquet of flowers at their June 8 meeting as the members bid her a fond farewell. Ms. Marx began her tenure in North Andover in 2009 and served as Special Education Team Chair, Thomson School Principal, and Humanities Director, and since July 2018, as Assistant Superintendent for Teaching and Learning. Pamela Lathrop was appointed as Ms. Marx’s replacement and started July 1, 2023. The new school year opened with oppressive heat during the first full week and then a freak storm at the end of the week that knocked out electricity and flooded basements throughout the town. Our custodians, DPW, Police, Fire, School, and Town officials worked around the clock to get our town functioning again for North Andover's residents. The NAPS Food Services staff provided grab-and-go meals for families, and Terry Holland, owner of Stachey's, provided lunch for those taking shelter at North Andover's Senior Center. In late October, over a hundred staff, family, and community members came together to celebrate North Andover Public Schools’ educators. It was a wonderful event as 23 staff were recognized for earning professional teaching status (PTS) in the district, and two very special retirees were honored with an induction into the North Andover School Committee’s Educator Hall of Fame. Anthony “Tony” Reynolds, who taught at North Andover High School from 1966-1997, received his award posthumously. The statements of three former students who nominated Mr. Reynolds were shared. His wife Sharon and their daughter Nancy were present, and Mary Julie Gregoire spoke on Tony’s behalf. Mary Julie, a Hall of Famer in her own right, was a student of Mr. Reynolds and also a colleague. She credited Tony with teaching her how to teach through his example, his direct feedback as English Department Head, and his unwavering high expectations for students. Mary also highlighted his advocacy for women as he worked to change policies within the district that directly impacted her (and others since). Tony Reynolds passed away in September 2021, but his impact lives on. Judy Nigrelli was also inducted into the SC Hall of Fame at Celebrating Teachers Night. She was showered with very well-deserved praise in the writing of a former student who nominated her because of Mrs. Nigrelli's belief in her when she was a non-reader in third grade; Judy changed her life. Speeches made by current NAMS teachers Bill Smith and Pat McGravey credited Judy with making them the best versions of themselves as teachers. They shared that Judy always 50 advocated for students first and foremost and pushed people’s thinking on connecting with young learners. Both Judy and Tony are well deserved of this honor. North Andover Public Schools closed out 2023 with several Winter concerts and performances from our students as we look forward to 2024. CURRENT STAFF AND/OR BOARD MEMBERS David Brown, Chair Pamela Pietrowski Joseph Hicks Andrew McDevitt Alissa Koenig Dr. Gregg T. Gilligan, Superintendent of Schools 51 TOWN CLERK MISSION STATEMENT The Town Clerk’s Office is the gateway to public information, records preservation, election and voting services, and licensing for the Town. The Office will promote public confidence and good willby providing the highest level of courteous, efficient service to ensure transparent governance, and to uphold the highest degree of integrity. The Town Clerk’s Office will operate in a modern, professional, and automated environment, with an emphasis on our fiscal responsibility to the taxpayers of North Andover. Justice of the Peace services are provided to the public. HIGHLIGHTS FROM 2023 The Town Clerk’s Office conducted the Annual Town Election on March 28, 2023. The Town Clerk’s Office assisted the Town Moderator with the Annual Town Meeting held in the Auditorium at North Andover High School, 430 Osgood Street on Tuesday, May 16, 2023. SIGNIFICANT STATISTICS 13,309 households received The Annual Town Census in January 2023 Number of Vital Records registered: Births – 313 Marriages – 106 Deaths – 312 The Town Clerk's Office issued 1,822 dog licenses in 2023 U.S. Census Population, April 1, 2020 – 30,915 Registered voters as of December 31, 2023 – 22,399 CURRENT STAFF C. Dawne Warren, CMC – Town Clerk Suzanne Pelich – Assistant Town Clerk Patricia Sifferlen – Senior Clerk ELECTIONS 52 TOWN OF NORTH ANDOVER WARRANT FOR THE ANNUAL TOWN ELECTION – MARCH 28, 2023 SS. To either of the Constables of the Town of North Andover GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said Town who are qualified to vote Elections at: North Andover High School, 430 Osgood Street, North Andover, MA 01845 ALL PRECINCTS One – Eight (1 – 8) on TUESDAY, THE TWENTY-EIGHTH OF MARCH 2023, from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the Annual Election for the candidates for the following offices: SELECT BOARD Two for Three Years SCHOOL COMMITTEE Two for Three Years HOUSING AUTHORITY One for Five Years GREATER LAWRENCE TECHNICAL One for Three Years SCHOOL DISTRICT COMMITTEE Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. th Given under our hands this 27 day of February, 2023. 53 ELECTION RESULTS FORANNUAL TOWN ELECTION NORTH ANDOVER MA 3/28/2023 OFFICIAL RESULTSP 1P 2P 3P 4P 5P 6P 7P8TOTAL S SELECT BOARD LAURA BATES16329617933182230170191 1642 BRIAN EDWARD ROACHE14325015230590225163174 1502 Misc. Others03560534 26 Blanks11417712022668204168203 1280 Totals 4207264568682406645045724450 SCHOOL COMMITTEE DAVID SCOTT BROWN15227816233993249176194 1643 KEVIN M. DUBE457658105269494106 604 ALISSA KOENIG15226617131591224152164 1535 Misc. Others31011222 12 Blanks6810565108299580106 656 Totals 4207264568682406645045724450 HOUSING AUTHORITY MARSHA FINKELSTEIN811609820944132100100 924 JACQUELINE H. MCGUIRE96156941405012010090 846 Misc. Others01030207 13 Blanks3346368226785289 442 Totals 2103632284341203322522862225 GREATER LAWRENCE TECHNICAL SCHOOL DISTRICT COMMITTEE WILLIAM C. TARBOX16728616932683236183188 1638 Misc. Others02110215 12 Blanks43755810737946893 575 Totals 2103632284341203322522862225 A true record ATTEST Carla Dawne Warren Town Clerk 54 TREASURER COLLECTOR MISSION STATEMENT The mission of the Treasurer/Collectors office is to bill, collect, invest, borrow, safeguard and disburse monies in an accurate and professional manner. HIGHLIGHTS FROM 2023 • Unpaid tax accounts for FY2021 and FY 2022 were moved into Tax Title. • On boarded with Leader Bank’s Digital Escrow service to streamline the escrow account funding process, make the management of sub accounts easier, and eliminate the manual paperwork traditionally associated with escrow account funding. • Continued working diligently towards an increase in collections of all past due real estate and personal property taxes. Current collection rate for FY2023 Real Estate stands at 99.75% and Personal Property at 98.72% • Worked with the schools to implement Arbiter Pay, a digital payment platform, to simplify the payment process for the athletic department at the High School and tuition payments at the ABECC school. • Maximized return on deposits resulting in interest income exceeding the budget within the first 6 months SIGNIFICANT STATISTICS Schedule of Outstanding Receivables – Fiscal Year 2022 Personal Property Taxes 2023 57,925.07 2022 48,299.96 2021 17,991.76 Real Estate Taxes 2023 895,478.07 2022 221,235.57 2021 85,451.28 Motor Vehicle Excise 2023 433,495.02 2022 100,381.46 2021 60,574.37 Revenues and Expenses Revenue July 1, 2021 to June 30, 2022 $173,146,857.26 Expense July 1, 2021 to June 30, 2022 $166,390,934.31 RECONCILIATION OF CASH Petty Cash $ 950.00 55 Bank of NY Mellon (OPEB) 5,927,766.46 Bartholomew 5,657,460.86 Developer Bond Escrows 112,129.74 Eastern Bank 5,072,653.69 Enterprise 11,171,946.16 Fidelity 883,732.97 Leader Bank 28,356,449.05 Lowell Five 28,590,668.76 MMDT 7,341,109.72 Pentucket Bank 13,684,041.90 TD Bank 3,111,124.71 UniBank 4,562,993.99 $ 114,473,028.01 56 VETERANS SERVICES MISSION STATEMENT To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors. The Veteran’s Services Department is an advocate on behalf of all the Commonwealth's Veterans and their family members in providing them with quality support services and to manage an emergency, as well as a static financial assistance program for those Veterans and their dependents that are in need of benefits and services as outlined in the provisions of Chapter 115 of the General Laws. To assist the Veteran and dependents in regards to state, federal and municipal Veterans benefits. HIGHLIGHTS FROM 2023 The Veterans Services Office received authorization to change the title of full-time administrative assistant position to the title of Veterans Service Officer. Our district is compliant with Massachusetts General law on guidance with district staffing. The latest census number have North Andover at 30,915 people, including 1,218 Veterans and Boxford’s population is 8,203, including 360 Veterans. The populations and number of Veteran have increased in both communities. Our office facilitated disability claims, and pensions reported from VBA (Veterans Benefits Administration) to DVS (Dept. of Veterans Services Massachusetts) to the average Veteran and dependent of $1,375.46 per month in North Andover for the year 2022. The total reported by Veterans Administration is $4,010,820. 189 Veterans enrolled in The Veterans Health Administration utilized healthcare for 4,173 appointments. The Exchange Club of Lawrence and the Andover’s conducts philanthropy through causes in the towns of North Andover, Andover, and the City of Lawrence. The collaboration with the Lawrence Exchange Club North Andover hosted the “Field of Honor” in the Old Common. Family members of the surrounding community were able to purchase large flags, which were placed in the Old Common with the name of the family member being honored. After a week, the massive display ended in a culminating ceremony, which was attended by hundreds. Received $20,000 in ARPA funds to assist with unmet needs of North Andover residents. Coordinated and conducted a third flag retirement ceremony beginning this year and to continue on a yearly basis going forward. The ceremony was coordinated and conducted by a community partner. Local Cub Scout Troops have taken ownership of this ceremony 57 to promote patriotism and civic engagement. This is a public ceremony and this year we will look to add a BBQ for the attendees. Participated in planning sessions for new space and move to (former senior center). The office facilitated the purchase of 31 Veterans burial plots for indigent Veterans from Ridgewood Cemetery at a cost of $1600.00 a piece, 20% discount totaling $49,600.00 for FY 24. Created a ceremony for families whom lost a loved one meeting the criteria of the new Medal of Fidelity. This medal is for families/next of kin who lost a loved due to their service after serving (for example agent orange exposure, causing cancer, or Parkinson’s disease.) North Andover’s Assessors Office along with the Finance Director facilitated the increase of the disabled Veterans exemption from the state from $400.00 to $800.00. Visited to all six public housing facilities and knocked on every door. Found at least 12 potential CHP 115 recipients. All were handed a handout with information about the program. Successfully advocated for transportation for Veterans through MEVA to the VA Bedford campus through the Merrimac Valley Veterans Collaborative. 58 YOUTH AND RECREATIONSERVICES The Youth & Recreation Services Department, under the direction of Rick Gorman, continued to provide superior quality services and a full complement of programs. The programs consisted of support programs, student leadership programs, family and individual services as well as a host of social, recreational and adventure services. In 2023, Youth & Recreation Services th serviced 3,400 youth. 2023 also marked the 35 anniversary of our founding in 1988, and the rd 23 year the doors of the Joseph N. Hermann Youth Center have been open. The outstanding professional staff consists of Rick Gorman - Executive Director, Demi Marsh – Assistant Director, Italia Querci – Social Worker, Bryanna Gilman – Support Services Coordinator, Cameron White – Adventure/Recreation Coordinator, Nicole Kramer – Social Programs Coordinator and Jen Battersby - Administrative Assistant. We also employ part-time staff throughout the year. After 23 years, the Joseph N. Hermann Youth Center continues to be a lively and safe place for the youth of North Andover. The Youth Center is open five days a week for middle and high school aged youth. On Saturday afternoons we have drop-in time for 5th graders to experience the Youth Center in preparation for when they enter middle school. In Summer 2023 we continued to defy all the odds by running successful summer programs for the fourth year in a row since Covid-19, servicing over 1300 youth. The summer was filled with clinics, recreational programs, playground programs, events and field trips. Due to the popularity of our Summer Fun playground program, we expanded to add an additional site at Franklin School in order to meet demand. Summer 2023 also saw a full schedule of Children’s Shows and the Sunday Night Concerts on the Common. We also continued to oversee the ever-popular Stevens Pond. The Pond continues to be a jewel of North Andover. In Summer 2023 the Pond was open all nine weeks of the scheduled season. We continue to work with the town departments to work on water quality. The Youth Center continues to offer part-time employment for the youth of North Andover, as we employed 170 high school and college students during the extensive summer programs as well as after school throughout the school year. Sunday Night Skating at Brooks School returned in 2023 for eight weeks in January and February. Money raised at this program went towards our Summer Shows on the Common. The North Andover Youth & Recreation Services department works hand in hand with North Andover Public Schools. Our Support Services Coordinator is in the schools 12 hours per week and we participate in a number of school-based committees. The partnership with NAPS is an extremely unique and productive relationship. In 2018, a Memorandum of Understanding was put in place between the North Andover Public Schools and North Andover Youth & Recreation 59 Services on sharing information, services and resources. Through ARPA funding we were able to hire a department Social Worker who also assists in the schools. The Youth & Recreation Director also chairs the Town Fields Committee. This position is responsible for permitting fields, working with our youth sport programs and developing short and long-term plans for use and development. In 2023 we continued working on long range plans for the redevelopment of the Recreation Fields Complex between the Middle and Atkinson Schools. We hope to begin the construction phase in 2024. Redevelopment of McEvoy Field begins in July 2024. The Youth Center also relies on a number of committees to assist in the areas of fundraising, marketing, public relations, finance, budgeting and technology. We have numerous adult volunteers assisting us at the front desk, working within the building and serving on a number of Boards and committees. NAYRS is so lucky to have many of our residents involved in these areas. The Youth & Recreation Council and Joseph N. Hermann Youth Center, Inc. are also continuing to work on long-range planning for the department and the Youth Center. We thank the JNHYC, Inc. for their continued financial and emotional support of the Center. In 2023 the JNHYC, Inc. donated over $55,000 in equipment, programming, and maintenance funding. Our annual Knight to Shine Auction was held in April 2023 and it was a major success once again. The lifeline of Youth & Recreation Services is to provide support services, and I am once again pleased and proud of our constant mission of helping the youth and families in this community. The amount of services we are providing confidentially to our youth and families is amazing and inspiring. I am proud of our department’s ability to adapt, and to continue to provide programming and services for the youth of North Andover despite the challenges that we have faced since the Covid-19 pandemic. I am humbled by the community’s support of our staff, programs, and th mission. As we enter our 36 year of service to the community, we are proud of our past successes as well as excited about new initiatives and plans for the future. The following are the services provided during the last year. ADVENTURE PROGRAMS: Challenge Course Rock Climbing Wall Mountain Biking Programs Surfing Trips Ropes Course Groups White Water Rafting trips Indoor and Outdoor Climbing Trips Ski Trips Hiking Trips Snowshoeing Programs 60 Geocaching Programs Paintball Trips Snow Tubing Trips Kayaking Programs Canoeing Programs Stand-up Paddle Boarding Programs Camping Trip Boxing Programs SUPPORT SERVICES: High School Girls Groups Middle School Girls Groups Mindfulness Programs Youth Tracking, Outreach, and Mentorship Homework Help Program Holiday Giving Program Thanksgiving Food Drive Crisis Intervention Services NAYRS Annual Teen Job Fair Collaboration with Local Therapists/Counselors Peer Mediation Services Participation in Community Collaborative Initiative (CCI) Collaboration with NAHS’ and NAMS’ Student Assistance Team Information and Referral Services Simon Potter Project “Youth Centered” Podcast Girls Empowerment Programs Young Men’s Group (YMG) Mentor Volunteer Program (MVP) SOCIAL/RECREATION PROGRAMS: Middle School Dances th 8Grade Dress-Up Dance Boys and Girls Basketball Tournaments Boys and Girls Flag Football Joseph Walsh Summer Basketball League Black Knights Winter Basketball League Black Knights Spring Basketball League th NAYRS/NABC 4Grade Basketball Crusaders Special Olympics Basketball North Andover CAM programs Extensive 8 week Summer Programs 61 Summer Fun Sports & Rec Girl Got Game Girls Week Boys Week Adventure Week Service Trips One Day Field Trips Video Game Tournaments Outdoor Volleyball Outdoor Ice Rink Programs and Events Outdoor Gaming Tournaments (Gaga Ball, Tetherball, Lawn Games) Art and Painting Programs Storytelling/Creative Writing Program Book Club Trivia Programs Pickleball Events Photography and Photo Editing Programs Yoga Programs Street Hockey League Fishing Program Beyond Beats Music Program Weight Room/Fitness Programs Seasonal Field Trips Stevens Pond Programs and Swim Lessons STUDENT-RUN/COMMUNITY SERVICE PROGRAMS: Freshman Pay It Forward Sophomore/Junior Pay It Forward Senior Youth Council Core 4 Transformational Leadership Program Mentor Volunteer Program (MVP) Step Up Next Man Up Knight Work Kindness Rocks Initiative Adventure Leaders Program SPECIAL EVENTS/PROGRAMS: Youth Appreciation Day Turkey Toss 62 Powderpuff Football Tournament Youth Center Fundraisers Monthly Cultural Events Welcome Week Orientation Sunday Night Brooks Skating Matthew Harty Mito Classic Summer Children’s Shows on Common Summer Concerts on Common Respectfully Submitted, Rick Gorman Executive Director 63 May 16, 2023, Annual Town Meeting Minutes - Final Town Moderator, Mark S. DiSalvo, called the 2023 Annual Town Meeting to order at 6:33 PMin the Auditorium at North Andover High School, 430 Osgood Street on Tuesday, May 16, 2023. To accommodate apprehensive voters with continuing Covid concerns, there was a “masks mandatory” section in the auditorium. Voter check-in occurred in the main corridor of the High School. Check lists were used in electronic form with the aid of PollPad computing devices. Five hundred twenty-four (524) voters were admitted to the meeting. Moderator DiSalvo welcomed all to the 2023 Annual Town Meeting, first established in 1646. This year is the 377th anniversary of the founding of North Andover. DiSalvo respectfully acknowledged the Town’s presence on the traditional lands of the Penacook and Pawtucket Nations as the original stewards of this land, as they lived with great respect for the land and each other for countless generations. He noted we live in a community that appreciates the practice of direct participatory democracy – a very longstanding practice on this land given the significant scholarship that Indigenous Americans enjoyed collective decision-making beginning 2,500 years ago. This year, DiSalvo recognized the members of the North Andover High School’s Cultural Diversity Association, representing Native Peoples and dozens of cultures, ethnicities, and religions that make up the beauty of the community. The members of the Association include the following: Seunghwan Shin, Cawan Souza Do Carmo, William Callahan, Vanio Pernikliev, Georgie Rashad, and Alex Bace. They were welcomed with applause and led the Pledge of Allegiance. UNANIMOUS VOTE to dispense with the reading of the warrant, and with the reading of the constable’s return of service of that warrant and further moved that the Moderator not be required to read articles of the warrant verbatim, but to be allowed to refer to articles by number and by subject matter; and further that motion or amendments need not be read but are to be voted upon as shown, published, or otherwise provided, in print, to the voters in attendance. The motion was made by Janice M. Phillips, Chair of the Select Board, and the motion was seconded. Vote Required: Majority Vote Articles 1 – 4 were acted upon under a unanimous consent agenda motion. Vote Required: Two-thirds (2/3) Vote Article 1: Reports of Receipts and Expenditures. UNANIMOUS VOTE to accept the reports of receipts and expenditures as presented by the Select Board in the 2022 Annual Town Report, or to take anyother action relative thereto. Select Board 64 Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 2: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years.UNANIMOUS VOTE in accordance with the provisions of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four (4) members of the Select Board or the School Committee, as appropriate, or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action School Committee Recommendation:Favorable Action Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 3: Authorization to Accept Grants of Easements. UNANIMOUS VOTE to authorize the Select Board to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board deems in the best interest of the Town, or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Planning Board Recommendation:Favorable Action Vote Required: Majority Vote Article 4: Authorization to Grant Easements. UNANIMOUS VOTE to authorize the Select Board to grant easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board deems in the best interest of the Town, or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action 65 Planning Board Recommendation:Favorable Action Vote Required: Two thirds (2/3) Vote Articles 21, 28 and 29 were acted upon under a unanimous consent agenda motion. Vote Required: Majority Vote Article 21: Revolving Fund Spending Limits. UNANIMOUS VOTE t o 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, 2023, or take any other action related thereto: FY 2024 Revolving AccountExpenditure Limit Wheelabrator Planning$ 35,000 Wheelabrator Public Safety$ 35,000 Health Dept. - Food Inspections$ 35,000 Health Dept. - Septic Inspections$ 35,000 Field Maintenance$ 5,000 Health Dept. Revolving$ 35,000 Youth and Recreation Services Revolving$ 565,000 Elder Services - COA Revolving$ 25,000 Fire Department$ 20,000 School Curriculum$ 100,000 Tax Title Revolving Fund$ 100,000 Tailings - Vendor Checks Revolving$ 100,000 Tailings - Payroll Checks Revolving$ 100,000 Vehicle Replacement - Town -wide$ 75,000 Ambulance CPE - Fire$ 150,000 Storm water Bylaw$ 50,000 or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 28: Transfer to Stabilization. UNANIMOUS VOTE to transfer $299,567 from available funds or Free Cash into the Stabilization Fund, or to take any other action relative thereto. Town Manager 66 Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 29: Transfer to Capital Stabilization.UNANIMOUS VOTE to raise, appropriate and transfer $350,000 from available funds or Free Cash into the Capital Stabilization Fund, or to take any other action relative thereto. Town Manager Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Articles 23 and 24 were acted upon under a unanimous consent agenda motion. Vote Required: Majority Vote Article 23: Appropriation – Water Enterprise Fund for Fiscal Year 2024. UNANIMOUS VOTE to appropriate the amount of $6,077,850 in aggregate, for the purpose listed under column "FY24 Recommendation: Town Manager, Select Board, Finance Committee" for the Fiscal Year beginning July 1, 2023 and ending June 30, 2024; without regards to individual line items, and to operate the Water Enterprise Fund, that $6,077,850 be raised from Water receipts and from these receipts $1,124,863 be transferred to the General Fund for indirect cost and $425,000 to Capital Projects, WATER ENTERPRISE FY24 Recommendation FY24Town Manager FY23DepartmentSelect Board BudgetRequestFinance Committee Personnel 1,189,3641,182,0011,291,001 Expense 3,695,3002,666,6442,678,644 Debt Service 569,143558,343558,343 Sub-Total Direct Expenditures 5,453,8074,406,9874,527,987 Transfer to Capital Projects 1,000,000425,000425,000 Admin/Indirect 1,097,4271,124,8631,124,863 Total Water Enterprise7,551,2345,956,8506,077,850 or to take any other action relative thereto. 67 Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 24: Appropriation – SewerEnterprise Fund for Fiscal Year 2024. UNANIMOUS VOTE to appropriate the amount of $5,521,024 in aggregate, for the purpose listed under the column “FY23 Recommendation: Town Manager, Select Board, Finance Committee” for the Fiscal Year beginning July 1, 2023 and ending June 30, 2024; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,521,024 be raised from sewer receipts and from these receipts $529,347 be transferred to the General Fund for indirect expenses and $750,674 to Capital Projects, SEWER ENTERPRISE FY24 Recommendation FY24Town Manager FY23DepartmentSelect Board BudgetRequestFinance Committee Personnel 490,361478,890478,890 Expense 505,850639,450644,450 GLSD Assessment 3,087,0003,303,0902,800,000 Debt Service 333,116317,663317,663 Sub-Total Direct Expenditures 4,416,3274,739,0934,241,003 Transfer to Capital Project 600,000750,674750,674 Admin/Indirect 516,436529,347529,347 Total Sewer Enterprise5,532,7646,019,1145,521,024 or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 5: Amend General Bylaw- Article III, §75-5, Town Clerk Fees 68 UNANIMOUS VOTE to amend the Town of North Andover General Bylaw, Article III, §75-5, Town Clerk Fees asfollows (by identifying text which is deleted as strikethrough and text added as underlined): Town Clerk fees shall be as follows. A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary. ItemFee Vital Records – Certified $10 Vital Records - Affidavit of Correction $25 Filing Delayed Vital Record $25 Recording "Out of Commonwealth" Vital Events $25 Genealogy – Written $5 Intention of Marriage $40 Business Certificate (D/B/A) – Issuance $40 Change of D/B/A - Residence, Discontinuance $15 Certificate - Practice of Podiatry, Optometry $25 Certificate - Practice of Physician, Osteopath $25 Filing Declaration of Trust or Amendment $25 MGL c. 166, § 22 Recordings (Poles) $40 Flammable Storage Tank Registration (per site) $150 Raffles and Bazaars (Nonprofits Only) $50 Street Listing Book $25 Filing Bond - Blasting Operations - MGL c. 148, § 40 $25 Filing Bond - Fireworks Storage - MGL c. 148, § 40 $25 Entertainment Licenses - 7-day $100 Entertainment License – Sunday $20 Town Clerk fees shall be set annually by the Select Board at their first meeting in January. Or take any other action relative thereto. Town Manager Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 6: Acceptance of Massachusetts General Law Chapter 59 § 5, Clause 17E. UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 17E, which authorizes an annual increase in the asset (whole estate) limit for exemptions granted to senior citizens, surviving spouses and surviving minors under General Laws Chapter 59, Section 5, Clause 17D, by the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2023. 69 Or take any other action relative thereto. Town Assessor Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 7. Acceptance of Massachusetts General Laws Chapter 59, § 5, Clause 41D. UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 41D, which authorizes an annual increase in the income (gross receipts) and asset (whole estate) limits for exemptions granted to senior citizens under General Laws Chapter 59, Section 5, Clause 41C, by the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2023. Or take any other action relative thereto. Town Assessor Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 8. Acceptance of Massachusetts General Laws Chapter 59, § 5C1/2. UNANIMOUS VOTE to accept M.G.L. Ch. 59 Sec. 5C1/2, which provides for an additional real estate exemption for taxpayers whoare granted personal exemptions on their domiciles under M.G.L. Ch. 59 Sec. 5 including certain blind persons, veterans, surviving spouses and seniors, and to provide that the additional exemption shall be 100% of the personal exemption, to be effective for exemptions granted for any fiscal year beginning on or after July 1, 2023, or take any action relative thereto. Or take any other action relative thereto. Town Assessor Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 9. Acceptance of Massachusetts General Laws Chapter 59, § 5, Clause 56. UNANIMOUS VOTE to accept M.G.L. Ch. 59, Sec. 5, Clause 56, which authorizes the Board of Assessors to grant, real and personal property tax abatement up to 100 percent of the total tax assessed to members of the Massachusetts National Guard and to reservists on active-duty in 70 foreign countries for the fiscal year they performed such service subject to eligibility criteria to be established by the Board of Assessors. Or take any other action relative thereto. Town Assessor Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 10: Land taking for Recreational Complex.A motion made by the Select Board to TAKE NO ACTION on article 10. The motion passed by an OVERWHELMING MAJORITY VOTE to take no action toauthorize the Select Board to acquire by purchase, eminent domain or confirmatory taking, and for a municipal purpose, a portion of land shown on a plan titled “Existing Conditions Plan, Recreation Complex, 495 Main Street, North Andover, MA” dated December 20, 2018, prepared by Waterfield Design Group, said plan on file with the Town Clerk, and being that portion of land approximately shown on said plan located between an existing fence and the boundary line of land described as “N/F Michael Silverio, Map 44 Parcel 61,” and being that same land claimed by adverse possession in Michael Silverio v. Town of North Andover, and to authorize the Select Board to grant and accept title, all easements, and claims necessary to develop the property; and to see what sum of money the Town will vote to transfer from available funds to be used by the Select Board to acquire said property and to take all necessary actions necessary to complete said acquisition. Or take any other action relative thereto. Select Board Select Board Recommendation: To be made a Town Meeting Planning Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 11: Withdrawal of Fire Department from Civil Service. UNANIMOUS VOTE to revoke the acceptance of Civil Service Laws for the Town of North Andover Department at all ranks, thereby removing the Fire department from the provisions of the Civil Service Laws, and the rules and regulations relating to the same, provided that this revocation will not affect the Civil Service status of existing personnel in their current positions; or act in any other manner in relation thereto. or act in any other manner in relation thereto. Town Manager 71 Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 12: Amend GeneralByLaw- Chapter 5 School BuildingCommittee. MAJORITY VOTE to amend the Town of North Andover General By-Law Part I Chapter 5 by adding Article V School Building Committee as follows: Article V SchoolBuilding Committee Section 5-14 Purpose; membership There is hereby created a committee responsiblefor overseeing the construction, reconstruction, alteration or enlargement of all school building projects. Intimes when more than one school building project is ongoing, multiple committees may exist. For School Building projects awarded funding via the Massachusetts School Building Authority, the School Building Committee shall be populated in accordance with 963 CMR 2.00, and may have additional voting and ex-officio members as mandated. The SCHOOL BUILDINGCommittee shall consist of 7 voting members. The Selection Committee (AS DEFINED IN 5-15 2) shall endeavor to appoint members with expertise in architecture, building engineering, commercial or municipal construction, construction law/contracts, and education. The term of each member’s appointment shall expire upon the completion or earlier termination of the applicable School Project. . The following individuals shall be ex-officio, non voting members of the Committee: 1. The Superintendent of School and/or his/her designee. 2. The Building Principal 3. The Town Manager and/or his/herdesignee 4. The Town’s Procurement Officer 5. Other ex-officio members asrecommended by the Superintendent of Schools or Town Manager Ex-officio members shall not count toward the committee quorum. Section 5-15 Membership Selection All regular members of the committee shall be appointed by the School Committee and then confirmed by the SelectBoardinaccordance with the following procedures. An advertisementshall be published on the Town website inviting residents to submit applications, including information regarding their professional credentials and relevant 72 experience. Thenotice of committee opening shall be published for no less than twoweeks prior to the deadline for submission. Applications shall be submitted to the Town Manager’s office. 1. Interviews of candidates shall be conducted in open meeting The Selection committee consisting of the Chair of the Select Board or his/her designee, Chair of the School Committee or his/her designee and the Town Moderator or his/her designee. A unanimous vote of those three parties will be required to move an applicant forward. In the instance that a unanimous decision cannot be made within one week of interviewing all candidates or within the timeline set forth by MSBA than a majority decision shall rule. 2. Recommended candidates will then be considered for appointment by the School Committeewho willmake recommendation for appointment by the Select Board. This recommendation is by majority vote. Applicants who do not receive a majority vote will not be eligible for consideration by the Select Board. 3. Final appointment shall be made by majority vote by the Select Board. The Select Board shall only consider applicants who have been approved in conformance with Section 2 and 3. or take any action relative thereto. Select Board Select Board Recommendation: Favorable Action School Committee Recommendation: To be made at Town Meeting Vote Required: Majority Vote Article 13: Citizen Petition– “The William Symmes, Jr. Act”.UNANIMOUS VOTE WHEREAS, Attorney William Symmes, Jr. was sent by Town Meeting in 1787 to represent the town as one of three members of the Massachusetts Ratification Convention to consider ratification of the United States Constitution as proposed; and WHEREAS, being directed by Town Meeting to vote against ratification of the Constitution, Symmes chose to vote Yes and, in remarks published across the Nation, explained his deliberation and change of opinion. He is widely credited with breaking a deadlock and causing the US Constitution to be ratified in Massachusetts and subsequent states; and WHEREAS, upon his return to our community Symmes was spurned and vilified for his support for ratification and was forced to move from the town; NOW, THEREFORE, BE IT RESOLVED by the legal voters of the Town of North Andover, Massachusetts that his principled judgment is now, 235 years after his vote for ratification on 5 February 1788, respected and appreciated by this successor Town Meeting so gathered in 2023. Christina Minicucci and others Select Board Recommendation: Favorable Action 73 Vote Required: Majority Vote Article 14: Citizen Petition- Ban on single use disposable plastic bags. MAJORITY VOTE to amend the General By-Laws, by adding to Chapter 160 “Solid Waste”, Article III “Recycling”, a new section, §160-10, “Reduction of single-use plastic checkout bags” as follows: § 160-10.1 Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single- use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment, including, but not limited to: contributing to pollution of land, waterways, and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil. Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground, when they are disposed of by incineration, and when they break down into microplastics (pieces <5mm) adding toxic elements to the air, groundwater and seawater. Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town’s concern for the Town, its citizens and the planet. § 160-10.2. Definitions. a)“Checkout bag”, a carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag" means a paper bag that is (1) 100 percent recyclable including, if present, the handles; (2) contains at least 40% post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount) in a visible manner on the outside of the bag. c) “Reusable checkout bag”, a bag that (1) if it has handles, the handles are stitched and not heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride. d) “Food establishment” shall mean an operation with more than 3,000 square feet of finished floor area that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term “food establishment” does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. §160-10.3. Regulation a)If any food establishment as defined in Section 160-10.2 (d) provides a checkout bag to customers, the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §160-10.4. Enforcement and Penalties. 74 a. This bylaw shall be enforced by the Health Department, or its designated agent, and may be enforced by any lawful means in law or in equity including, but not limited to, a non- criminal disposition as provided by M.G.L. c. 40 § 21D and the Town of North Andover General Bylaw Chapter 1, Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation, the Health Department or its designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period, if the violation has not been cured, a fine of $100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of $100 per day without a 30- day grace period. §160-10.5. Effective Date. a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use their existing inventory of non-compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason, the remainder of this bylaw shall continue in force. Nancy Sarro on behalf of North Andover Citizens for Sustainable Living Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 15: Citizen Petition- An Act to Amend the Town By Laws – Annual Town Meeting: MOTION FAILED by a MAJORITY VOTE to authorize the North Andover Select Board to petition the Massachusetts General Court to amend Division I – Chapter 30 – Article II of the Town By Laws by inserting the underlined words and removing the crossed-out words: 30-11 The Board of Selectmen Select Board shall vote to set the date of the Annual Town Meeting in accordance with MGL c. 39, & 9. MGL Chapter 39 also permits the Board of Selectmen Select Board to postpone by vote an Annual Town Meeting. Any such postponement shall be held on Saturday morning or any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon. Provided, however that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of SelectmanSelect Board approves amendments to the bill before enactment by the General Court, and that the Board of Selectmen Select Board is authorized to approve amendments which shall be within the scope of the general public objectives of the petition. or to take any other action in connection therewith. 75 Jennifer Goldman Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 16:Citizen petition- Petition General Court - An Act to Amend the Town Charter - Town Meeting Procedures:MOTION FAILED by a MAJORITY VOTE to authorize the North Andover Select Board to petition the Massachusetts General Court to amend Section 2-3-1 of the Town Charter by inserting the underlined words and removing the crossed-out words: Chapter 2 Town Meeting 2-3-1 The Town Meeting shall meet in the month of June, as specified in the Town by-laws and in accordance with Section 9 of Chapter 39 of the General Laws to consider and adopt an annual operating and capital budget, and to act on other matters.The meeting shall be continued on other days until all articles in the warrant have been acted upon. Provided, however that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of SelectmanSelect Board approves amendments to the bill before enactment by the General Court, and that the Board of Selectmen Select Board is authorized to approve amendments which shall be within the scope of the general public objectives of the petition. or to take any other action in connection therewith. Jennifer Goldman Select Board Recommendation: Unfavorable Action Vote Required: Majority Vote Article 17:Citizen petition- Humane Pet Shop Ordinance:MAJORITY VOTE that Chapter 60 of the Code of the Town of North Andover be amended by adding the following Section 60-9 Humane Pet Store Ordinance A. Definitions The following words shall, unless the context clearly requires otherwise, have the following meanings: Animal Rescue Organization: means a not-for-profit organization incorporated under state law that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code; that is registered with the Massachusetts Department of Agricultural Resources, if required, and whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, guinea pigs, or rabbits into permanent homes. The term “animal rescue organization” does not include any person or entity that (1) breeds animals; (2) is located on the same premises as a person that breeds animals; (3) obtains, in exchange for payment or compensation, animals from a person that breeds animals; or (4) facilitates the sale of animals that were obtained, in exchange for payment or compensation, from a person that breeds animals. Cat: means any member of the species Felis catus. Dog: means any member of the 76 species Canis familiaris. Guinea pig: means any member of the species Cavia Porcellus. Offer for Sale: means to advertise or otherwise proffer a dog, cat, guinea pig, or rabbit for acceptance by another person or entity. Person: means an individual, corporation, partnership, association, or any other entity. Pet Shop: means a retail establishment where animals are sold or offered for sale as pets that is required to be licensed pursuant to M.G.L. c. 129 § 39A and 330 CMR 12.00. A person who only sells or otherwise transfers the offspring of animals the person has bred on their residential premises shall not be considered a “pet shop” for purposes of this section. Public Animal Control Agency or Shelter: meansa facility operated by a governmental entity, for the purpose of impounding seized, stray, homeless, abandoned, unwanted, or surrendered animals, or a facility operated for the same purposes under a written contract with a governmental entity. Rabbit: means any member of the species Oryctolagus cuniculus domesticus. Sell: means to exchange for consideration, adopt out, barter, auction, trade, lease, or otherwise transfer animals. B. Sale of Dogs, Cats, Guinea Pigs, or Rabbits by Pet Shops Prohibited (1) It shall be unlawful for a pet shop to sell or offer for sale a dog, cat, guinea pig, or rabbit. (2) A pet shop may provide space for the display of dogs, cats, guinea pigs, or rabbits available for adoption by a public animal control agency or shelter or an animal rescue organization so long as: (i) the pet shop receives no part of any fees associated with the display or adoption of the animals and has no ownership interest in any of the animals displayed or made available for adoption; and (ii) the pet shop maintains no ownership interest in any of the animals displayed or made available for adoption; and (iii) the pet shop maintains records sufficient to document the source of each dog, cat, guinea pig, or rabbit the pet shop displays, for at least one year following the date of display. Such records shall be made available, immediately upon request, to any animal control officer or any duly appointed officer or representative of the Town. C. Enforcement and Severability (1) Any pet shop that makes a sale or offer for sale of a dog, cat, guinea pig, or rabbit in violation of subsection B(1) shall be fined $300. Each unlawful sale or offer for sale shall constitute a separate violation. (2) Any pet shop that makes a provision of space knowingly and in violation of subsection B(2) shall be fined $300. Each unlawful provision of space shall constitute a separate violation. (3) In addition to any other remedy provided by law, this Chapter may be enforced by police officers and animal control officers through any means available in law or equity, including but not limited to noncriminal disposition in accordance with G.L. c. 40, § 21D. The invalidity of any section or provision of this bylaw does not invalidate any other section or provision of it. D. Effective Date The provisions of these section shall be effective upon satisfaction of the requirements for Attorney General approval and for posting or publication provided in M.G.L. c. 40 § 32. Laura Parks Select Board Recommendation: Favorable Action Vote Required: Majority Vote Article 18: Appropriation – Capital Improvement Plan for Fiscal Year 2024. OVERWHELMING MAJORITY to appropriate the aggregate amount of $29,982,226 to fund the capital projects identified below in the amounts designated for each project under the heading 77 “Select Board/Finance Committee/Town Manager Recommendations”, and to pay all costs incidental and related to each such project: FY24 CIP Recommendations Select BoardAuthorized to Finance Other Funding CommitteeSourcesBorrow under Retained (Grants, Chapter Earnings/ Free Town Manager 90, CPA & Spec Raise & Cash/CIP Bond Line #Project DescriptionRecommendationsRev)AppropriatedStabilizationProceedsChapter 44 Middle Sch Contrustion/Renovations (Facilities Master 1 Plan)$ 21,808,344$ -$ -$ -$ (21,808,344)$ - Fields Master Plan Implementation 2$ 100,000$ -$ -$ (100,000) $ -$ - Playground Improvements (Town wide) 3$ 50,000$ -$ -$ (50,000)$ -$ - NA Tree Inventory & Management Plan 4$ 85,100$ -$ -$ (85,100)$ -$ - Office assigned less lethal weapons (Tasers) 5$ 160,350$ -$ -$ (160,350) $ -$ - 6 Fire Prevention Car$ 56,143$ -$ -$ (56,143)$ -$ - Signal Communications TRX50 Radio Box Receiver & Equipment 7$ 57,705$ -$ -$ (57,705)$ -$ - 8 Roadway Improvements( FY24-FY28)$ 1,203,011 $ (820,000) $ -$ (383,011) $ -$ - 9 Front End Loaders (2)$ 745,000$ -$ -$ (745,000) $ -$ - 10 Culvert & Drainage Infrastructure Assessment & Replace$ 760,000$ -$ -$ (760,000) $ -$ - 11 Sidewalk Improvements (FY24-FY28)$ 500,000$ -$ -$ (500,000) $ -$ - 12 NAPD Sewer Improvements$ 250,000$ -$ -$ (250,000) $ -$ - 13 New Fueling Station$ 140,000$ -$ -$ (140,000) $ -$ - 14 IT Municipal (FY24-FY28)$ 40,000$ -$ -$ (40,000)$ -$ - 15 Computer Workstation Replacements$ 75,000$ -$ -$ (75,000)$ -$ - 16 CIP Website upgrade$ 25,000$ -$ -$ (25,000)$ -$ - 17 Building Replacement & Repairs (FY24-FY28)$ 450,000$ -$ -$ (450,000) $ -$ - 18 Roof Replacement various Buildings$ 923,899$ -$ -$ (923,899) $ -$ - 19 HVAC Equipment Replacement$ 400,000$ -$ -$ (400,000) $ -$ - 20 ADA Facilities Upgrades$ 27,000$ -$ -$ (27,000)$ -$ - 21 Districtwide Exterior Maintenance/Renovations$ 250,000$ -$ -$ (250,000) $ -$ - 22 High School Auditorium Upgrades$ 200,000$ -$ -$ (200,000) $ -$ - 23 ABECC Gym Design/Construction$ 300,000$ -$ -$ (300,000) $ -$ - 24 IT School (FY24-FY28$ 200,000$ -$ -$ (200,000) $ -$ - General Fund Total$ 28,806,552$ (820,000) $ -$ (6,178,208)$ (21,808,344)$ - 25 Improvements to various Water Booster Stations200,000$ -$ -$ (200,000) $ -$ - 26 WTP Lab Renovations225,000$ -$ -$ (225,000) $ -$ - Water Enterprise Fund Total$ 425,000$ -$ -$ (425,000) $ -$ - 27 Improvements to Sewer Pump Stations$ 250,000$ -$ -$ (250,000) $ -$ - 28 Sewer Collections System Improvements$ 350,000$ -$ -$ (350,000) $ -$ - 29 Sewer Utility Truck$ 150,674$ -$ -$ (150,674) $ -$ - Sewer Enterprise Fund Total$ 750,674$ -$ -$ (750,674) $ -$ - Total All Funds$ 29,982,226$ (820,000) $ -$ (7,353,882)$ (21,808,344)$ - and that to meet this appropriation: (1) The Treasurer, with the approval of the Select Board, is authorized to borrow $21,808,344 for the appropriation identified in item 1 above under Massachusetts General Laws Chapter 44, Section 7(1), or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; 78 (2) The appropriations identified in items 2 through 7 and items 9 through 24 above shall be funded from Free Cash in the aggregate amount of $6,178,208; (3) The appropriation identified in item 8 above shall be funded with Chapter 90 state grant funds in the amount of $820,000; (4) The appropriations identified in items 25 and 26 above shall be funded from Water Enterprise Fund retained earnings in the aggregate amount of $425,000; and (5) The appropriations identified in items 27 through 29 above shall be funded from Sewer Enterprise Fund retained earnings in the aggregate amount of $750,674; or to take any other action relative thereto. Town Manager Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Two-thirds (2/3) Vote Article 19: Report of the Community Preservation Committee – Appropriation from Community Preservation Fund. Michael Lis proposed an amendment to Article 19 to remove project numbers 6,9, and 10 from the proposed list of items to be funded. A motion was made and seconded. The amendment failed by a majority vote. A SIGNIFICANT MAJORITY voted to receive the report of the Community Preservation Committee and to raise, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee, or to take any other action relative thereto. List of RecommendedProjects – Community Preservation Fund 1. $86,800.00 Phase 2 of Lake Access Project (recreation) 2. $131,610.00 Parson Barnard House Restoration (historic preservation) 3. $61,600.00 Historic Artifact Preservation (historic preservation) 4. $182,754.00 Stevens Library stairs (historic preservation) 5. $30,500.00 Historic Preservation Master Plan (historic preservation) 6.$59,600.00 Stevens Coolidge Ballroom Mural (historic preservation) 7. $225,000.00 Second Burial Ground Restoration (historic preservation) 8.$25,000.00 Preservation of Historical Records (historic preservation) 9. $205,000.00 Preservation of Barn at 419 Johnson Street (historic preservation) 10.$275,000.00 Restoration of Boundary Wall (historic preservation) 11. $150,000.00 Stevens Estate Stables (historic preservation) 12.10% allocation for Affordable Housing (affordable housing) 79 13. $515,000 Acquisition of 0 Bradford Street (open space) 14. $50,000.00 for administrative expenses $2,197,864.00 Total for Requested Projects Community Preservation Committee Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action on all except #9 (to be made at Town Meeting) and #10 (unfavorable action) Planning Board Recommendation:Favorable Action Vote Required: Majority Vote Article 20: Set Salaries and Compensation of Elected Officials. UNANIMOUS vote to fix the salary and compensation of the elected officers of the Town, as provided by Massachusetts General Laws Chapter 41, §108 as follows, Select Board/Licensing Commissioners, per person, per annum $5,000 Chairman of Select Board, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 22: Appropriation – General Fund for Fiscal Year 2024. SUPERMAJORITY vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2023 and ending June 30, 2024, 80 FY24 GENERAL FUND BUDGET Fiscal YearFiscal Year Fiscal Year 202320242024 RECAPDepartment Select Board & RequestFinance Committee & Town Manager Recommend Revenues & Other Financing Sources Operating Revenues Property Taxes91,721,24896,713,71095,953,710 Local Receipts10,965,32011,260,00111,916,574 State Aid13,686,71613,686,71613,686,716 Operating Transfers1,840,8451,883,1671,997,514 Total Operating Revenues 118,214,129123,543,595123,554,514 Other Fin. Sources Free Cash6,736,45407,382,663 Overlay Surplus000 Others one time revenues034,50034,500 Total Other Fin Sources 6,736,45434,5007,417,163 Total Opr. Rev. & Fin Sources124,950,583123,578,094130,971,676 Operating Expenses GENERAL GOVERNMENT Town Moderator850850850 Selectmen/ Town Manager460,502500,235502,735 Finance Committee750750750 Town Accountant253,587319,241319,241 Assessing405,028497,238424,047 Treasurer/Collector 507,031495,691495,691 Legal185,117197,712197,712 Human Resource243,947252,058252,058 Town Clerk330,425339,905339,905 Conservation132,998138,999137,299 Community Development263,093228,988238,988 Planning 212,597295,351295,351 Board of Appeals21,27122,06622,066 3,017,1973,289,0853,226,694 81 Fiscal Year Fiscal Year Fiscal Year 202320242024 RecapDepartment Select Board & RequestFinance Committee & Town Manager Recommend PUBLIC SAFETY Police Department6,261,3386,708,5506,566,950 Fire Department6,659,0967,302,5097,219,955 Public Safety Salary Reserve000 Inspectional Services332,293346,392346,392 Emergency Management32,44032,44232,442 13,285,16714,389,89414,165,740 EDUCATION N A Public School57,217,20060,364,14660,364,146 Full Day Kindergarten 000 Special Education000 57,217,20060,364,14660,364,146 PUBLIC WORKS Administration558,991688,438690,439 Street & Sidewalks1,774,2871,856,0261,870,026 Solid Waste/Recycling1,590,0001,805,0001,805,000 Fleet Maintenance345,000604,000485,000 Structures & Grounds410,000503,000300,000 Snow & Ice Removal1,000,0001,100,0001,000,000 5,678,2796,556,4646,150,464 HEALTH & HUMAN SERVICES Health Department294,765301,844303,014 Elder Services428,902324,057337,691 Youth Service445,418464,339462,339 Veterans Service434,485459,190357,310 1,603,5701,549,4301,460,354 CULTURE & RECREATION Stevens Library1,242,3661,313,6841,248,334 Festival Committee20,00020,00020,000 1,262,3661,333,6841,268,334 SUPPORT SERVICES Admin Support101,79769,250101,750 Outside Auditing60,00052,00052,000 Information Technology1,558,1671,657,2921,657,292 Facilites365,222408,521956,366 2,085,1872,187,0632,767,408 82 Fiscal Year Fiscal Year Fiscal Year 202320242024 RecapDepartment Select Board & RequestFinance Committee & Town Manager Recommend DEBT SERVICE Excluded - Principal - Long Term330,000325,000325,000 Excluded - Interest - Long Term28,35018,52518,525 Excluded - Interest - Short Term000 Included - Principal - Long Term3,389,2184,620,3373,124,249 Included - Interest - Long Term861,955742,747742,747 Included - Interest - Short Term000 4,609,5235,706,6094,210,521 EMPLOYEE BENEFITS Retirement Assessment6,953,2687,443,6347,443,634 Workers Comp397,674482,441482,441 Unemployment Compensation125,000125,000125,000 Group Insurance12,067,89412,912,64711,912,647 Payroll Taxes1,237,7881,274,9221,274,922 Employee Benefits - Deferred Comp65,00077,50081,500 Police & Fire Accident & Sickness Inc.239,357245,341245,341 IOD (Injury on Duty)78,00079,56079,560 21,163,98122,641,04521,645,045 LIABILITY INSURANCE 405,610483,100483,100 MISC. NON DEPARTMENTAL COST Regional Schools - Greater Lawrence Tech538,430570,736570,736 Regional Schools - Essex Agricultural School418,000418,000418,000 Payroll Salary Reserve175,4940228,200 Payroll Retirement Reserve58,307081,725 Health Insurance Opt Out Program00300,000 Finance Committee Reserve1,400,0001,500,0001,500,000 Reserve for Debt (MSBA)68,926068,926 Transfer to Capital Stabilization Fund from Operating2,855,48902,996,088 OPEB Trust000 5,514,6462,488,7366,163,674.92 Total Non - Departmental Cost31,693,76131,319,48932,502,340 Annual Town Meeting Vote 115,842,726120,989,255121,905,481 83 Fiscal Year Fiscal Year Fiscal Year 202320242024 RecapDepartment Select Board & RequestFinance Committee & Town Manager Recommend CAPITAL & RESERVES Transfer to Stabilization Fund221,2000299,567 Transfer to Capital Stabilization Fund from free cash344,5110350,000 Transfer to OPEB Trust 141,000075,000 Transfer to Capital Project 6,029,74306,178,208 Transfer to Special Education Stabilization000 Transfer for PY Stevens Estate Revenues00479,888 Deficits ( Snow and Ice)000 Deficits (overlay)000 Overlay596,908600,0001,000,000 7,333,362600,0008,382,663 STATE ASSESSMENTS Spec Ed21,00121,00121,001 Mosquito Control114,606114,606114,606 Air Pollution Districts10,72410,72410,724 Regional Transit216,339216,339216,339 RMV Non Renewal Surc17,62017,62017,620 School Choice138,074138,074138,074 Charter School Assessment151,149151,149151,149 669,513669,513669,513 General Fund Budget123,845,602122,258,768130,957,657 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD 274,378.11 FROM FREE CASH - TO OPEB TRUST FUND75,000.00 349,378.11 or to take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 25: Stevens Estate Special Purpose Revolving Fund. SUPERMAJORITY vote to authorize the Select Board to petition the General Court for special legislation in the form set forth below, and to authorize the General Court to make clerical or editorial changes of form only to the bill unless approved in advance by the Select Board, and to authorize the Select Board to approve such revisions as fall within the public purpose of this vote: 84 SECTION 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the general laws or any other general or special law to the contrary, there shall be in the town of North Andover a special purpose revolving fund into which shall be deposited receipts received from the use and operation of what is commonly known as the Stevens Estate, located at 723 Osgood Street, North Andover, MA, such fund to be known as the Stevens Estate revolving fund. SECTION 2. The Stevens Estate revolving fund may be expended by the town manager for the maintenance, repair, upkeep and operation of the Stevens Estate, including associated buildings and grounds. SECTION 3. The limit on the total amount that may be expended from the Stevens Estate revolving fund in any fiscal year shall be determined annually by vote of the Select Board. SECTION 4. The Stevens Estate revolving fund, except as otherwise contained herein, shall be considered a revolving fund for the purposes of said section 53E½ of chapter 44, SECTION 5. This act shall take effect upon its passage. Or take any action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 26: Transfer of funds not to exceed $480,000.00 from free cash to FY2023 General Fund. SUPERMAJORITY vote to transfer of funds not to exceed $480,000.00 from free cash to FY2023 General Fund. or take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Vote Required:Majority Vote Article 27: Transfer funds from overlay surplus to Fiscal Year 2024 General Fund 85 UNANIMOUS vote to transfer $190,000 from overlay surplus to the assessor’s fiscal year 2024 operating budget. This amount will fund the effort of the quinquennial revaluation of assessments required by the Massachusetts Department of Revenue and fund the upgrade of the outdated Computer Aided Mass Appraisal software used for valuations in the assessing department. or take any other action relative thereto. Select Board Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 30: Transfer to Public Works Capital Account for Rolling Stock. UNANIMOUS VOTE to transfer from free cash to Public Works Capital Account to fund rolling stock the amount of $119,000 Town Manager Select Board Recommendation: Favorable Action Finance Committee Recommendation:Favorable Action Vote Required: Majority Vote Article 31: Amend Zoning Bylaw – Article 8 Supplementary Regulations, Part 13 Inclusionary Housing Requirement:2/3 VOTE WAS DECLARED BY THE MODERATOR to amend the Town of North Andover Inclusionary Housing Requirement bylaw, by making the following amendments (by identifying text which is deleted as strikethrough and text added as underlined): A RTICLE 8 S UPPLEMENTARY R EGULATIONS P ART 13 I NCLUSIONARY H OUSING R EQUIREMENT 195-8.95 P URPOSE AND I NTENT The purpose of this Inclusionary Housing Bylaw is to produce high-quality dwelling units affordable to low- or moderate-income households, to encourage the provision of more housing choices in the Town of North Andover, and to promote geographic distribution of affordable housing units throughout the Town. At a minimum, affordable housing produced through this bylaw should comply with the requirements set forth in MGL c. 40B, §§ 20 through 24 and other affordable housing programs developed by state, county and local governments. It is intended that the Affordable Housing Units that result from the bylaw be considered Local Initiative Program (“LIP”) units in compliance with the requirements for the same as specified by the Department of Housing and Community Development (“DHCD”) and be eligible to be included 86 on the Town’s subsidized housing inventory (“SHI”). Accordingly, the provisions of this bylaw are intended to: A. Increase the supply of rental and ownership housing in the Town that is permanently available to Income Eligible Households; B. Create affordable housing that will qualify for inclusion in the SHI in order to reach and maintain a minimum of 10% affordable housing in the Town’s housing stock and to establish standards and guidelines in order to implement the foregoing; C.Promote public health, safety, and welfare by encouraging diversity and distribution of housing to meet the needs of families and individuals in the Town; D. Provide for housing choices for households of all incomes, ages, and sizes; E. Prevent the displacement of low- and moderate-income residents; F. Provide opportunities for conventional residential and mixed use developments to contribute to increasing the supply of affordable housing; To achieve the above-stated purposes and intentions, the Town requires newly created housing developments to include a proportion of housing units that shall be affordable to Income Eligible Households. 195-8.96 D EFINITIONS For purposes of this Inclusionary Housing Bylaw, the following definitions shall apply. To the extent that there is any conflict between the definitions set forth in this Section 195-8.96 and other sections of the Town of North Andover’s Zoning Bylaw, the definitions of this bylaw shall govern. All other capitalized terms not specifically defined in this Section 195-8.96 shall have the meaning provided in the other sections of the Town of North Andover’s Zoning Bylaw. Affordable Housing Restriction: A use or deed restriction acceptable in form and substance to DHCD and the Town that imposes restrictions on Affordable Housing Units to make such units affordable to Income Eligible Households which meets the requirements of DHCD’s LIP or any successor program established by DHCD for purposes of SHI eligibility; and causes the Affordable Housing Units to be eligible for inclusion on the SHI. An Affordable Housing Restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, Sections 26, 31, and32 of the Massachusetts General Laws. Affordable Housing Trust Fund: A fund account established by the Town Affordable Housing Trust pursuant to Chapter 44, Section 53A, et seq. of the Massachusetts General Laws for the purpose of encouraging, creating, subsidizing or preserving affordable housing in the Town. 87 Affordable Housing Unit: A housing unit in a development subject to this bylaw that is required to be sold or rented to, as applicable, and occupied by an Income Eligible Household. Area Median Income (AMI): The area median household income as determined by HUD, adjusted for household size, for the metropolitan area that includes the Town. DHCD: The Massachusetts Department of Housing and Community Development, or any successor agency. HUD: The United States Department of Housing and Urban Development, or any successor agency. Inclusionary Housing Bylaw: Sections 195-8.95 to 198-8.108 of the Town of North Andover Zoning Bylaw. Income Eligible Household: A household of one or more persons whose annual income does not exceed eighty percent (80%) of AMI and meets the applicable requirements established by DHCD’s LIP. Local Initiative Program (LIP): A program administered by DHCD pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit issued pursuant to Chapter 40B, Sections 20-23 of the Massachusetts General Laws. Local Action Units (LAU): A component of the LIP under which housing units that are created through municipal actions other than a comprehensive permit receive LIP approval and are eligible for inclusion on the SHI. Market-rate Housing Unit: A housing unit in a development subject to this Section that is not an Affordable Housing Unit. Subsidized Housing Inventory (SHI): The list compiled by DHCD containing the count of eligible low-or moderate-income housing by a city or town pursuant to 760 CMR 56.00, Chapter 40B of the Massachusetts General Laws, and applicable DHCD guidelines. 195-8.97 A PPLICABILITY A. This Inclusionary Housing Bylaw applies to aAny proposed residential or mixed-use developments, including a conventional subdivision of land under M.G.L. Chapter 41, Section 81K-81GG, in any zoning district containing more than seven (7) rental or ownership housing units on any parcel or contiguous parcel(s) comprising a proposed site. shall be subject to this bylaw. Applicable developments include those that are proposed to contain homes within a Planned Residential Development, two-family, multi- family dwelling units, Continuing Care Retirement Center, and Independent Elderly Housing whether by new construction, conversion, adaptive reuse, expansion of an existing building or structure or any combination thereof. 88 B.This bylaw shall not apply to Article 19, the Mixed Use Overlay District, of this bylaw because Section 195-19.16 requires that no less thanfifteen percent of the net new housing units allowed under the Master Development Plan shall be affordable units as defined therein. C.Developments shall not be segmented or phased to avoid compliance with requirements of this Inclusionary Housing Bylaw. However, nothing in this § 195-8.97, prohibits the phased development of a project. D. This Inclusionary Housing Bylaw shall not apply to the proposed rehabilitation of any building or structure, all or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster as long as such proposed rehabilitation does not increase the density, or size of any such building or structure which previously existed prior to the damage or destruction thereof. E. This Inclusionary Housing Bylaw shall not apply to the proposed rehabilitation or replacement of any housing units in existence at the time of adoption of this Inclusionary Housing Bylaw and shall only apply to net new units that increase the density of such existing buildings or structures. 195-8.98 SPECIAL PERMIT The development of any project set forth in Section 195-8.97 (above) shall require the grant of a Special Permit from the Planning Board, as SPGA. A Special Permit shall be granted if the proposal meets the requirements of this bylaw so long as it is not inconsistent with other provisions of this bylaw. 195-8.99 MANDATORY PROVISION OF AFFORDABLE UNITS A. As a condition of approval for a Special Permit, the applicant shall contribute to the local stock of Affordable Housing Units in accordance with the following requirements: 1) With the exception of Continuing Care Retirement Centers, as defined and described in Sections 195-13.1 to 195-13.7 of the zoning bylaw, aAs a condition of approval for a Special Permit in a development subject to this Inclusionary Housing Requirements bBylaw, the applicant shall contribute at least fifteen percent (15%) of the total housing units in the development subject to this bylaw as Affordable Housing Units in any one or combination of methods provided for below: a)Constructed or rehabilitated on the locus subject to the Special Permit (see § 195-8.100); or b)Constructed or rehabilitated on a locus different than the one subject to the Special Permit (see § 195-8.101); or c)An equivalent fees-in-lieu of payment may be made (see §195-8.102). 2) Continuing Care Retirement Centers or an Elderly Housing Development shall contribute at least five percent (5%) of the total number of housing units in the development as Affordable Housing Units in any one or combination of methods 89 provided above. compliance with number 1 or 3 above or in combination of methods provided for in number 1 and 3 above. 3) The applicant may offer, and the SPGA may accept, any combination of the Section 195-8.99A.1.a) through c) requirements provided that in no event shall the total number of units provided be less than the equivalent number or value of Affordable Housing Units required by this bylaw. 4) For purposes of this bylaw, any calculation of required Affordable Housing Units that results in the fractional or decimal equivalent of three-quarters (.75) or above shall be increased to the next highest whole number. Nothing in this bylaw shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements. In no instance shall any permit or Special Permit approval create less than one Affordable Housing Unit or provide applicable fees-in- lieu payment. 5) As a condition for the granting of a Special Permit, all Affordable Housing Units shall be subject to an Affordable Housing Restriction. The Special Permit shall not take effect until the Affordable Housing Restriction is approved by Town Counsel and DHCD; the Special Permit it is recorded at the North Essex Registry of Deeds; and a copy provided to the Planning Board and the Inspector of Buildings. 6) Affordable Housing Units shall be sold or rented, as applicable, to Income Eligible Households at sales prices or rents that are affordable to Income Eligible Households pursuant to an Affordable Housing Restriction. Developers may participate in public subsidy programs for developments subject to this bylaw. To the extent that one or more other rent or sale price restrictions apply to a development containing Affordable Housing Units, the more restrictive rent or sale price restrictions shall apply to the Affordable Housing Units. 7) In the case a development is built in phases, Affordable Housing Units shall be developed in the same proportion as the overall number of housing units contained in the development.in a manner that is consistent with the schedule described in § 195- 100.E. B.To facilitate the objectives of this § 195-8.99, modifications to the dimensional requirements in any zoning district may be permitted for any project under these regulations, as the applicant may offer and the SPGA may accept, subject to conditions below: 1) Floor Area Ratio (FAR) Bonus: The FAR normally permitted in the applicable zoning district for residential uses may be increased by up to thirty (30) percent for the inclusion of the Affordable Housing Units in accordance with § 195-8.99A.1 above, and at least fifty (50) percent of the additional FAR should be allocated to the Affordable Housing Units. In a mixed-use development, the increased FAR may be applied to the entire lot, however, any gross floor area increase resulting from the 90 increased FAR shall be occupied only by residential uses, exclusive of any hotel or motel use. 2) Density Bonus: The SPGA may allow the addition of one Market-rate Housing Unit more than allowed in the zoning district for each Affordable Housing Unit provided in addition to the number of the Affordable Housing Units that are required by the bylaw. The minimum lot area per dwelling unit normally required in the applicable zoning district may be reduced by that amount necessary to permit up to one (1) additional Market-rate Housing Unit for each one the Affordable Housing Unit provided in addition to those that are required by the bylaw. 3)Voluntary Inclusionary Housing Bonus: New affordable housing development that is not subject to § 195-8.97 and exceeds the requirements specified in § 195-8.99A may receive the same benefits specified in § 195-8.99B.1 and 2. when the development is approved by the SPGA. The net increase in housing units shall not exceed fifty percent (50%) of the original property yield before any FAR or density bonuses were applied. 4) Continuing Care Retirement Centers are not subject to the provisions stated in §195- 8.99(B). Bonuses under Article 13 Continuing Care Retirement Center § 195-13.6 are applicable. 195-8.100 PROVISIONS APPLICABLE TO AFFORDABLE HOUSING UNITS ON- and OFF-SITE: A. Siting of affordable units: All Affordable Housing Units constructed or rehabilitated under this bylaw shall be proportionately distributed throughout the development and shall, on average, be no less accessible to public amenities, such as open space, as the Market-rate Housing Units. B.Minimum design and construction standards for affordable units: Affordable Housing Units shall be integrated with the rest of the development and shall be compatible in exterior building materials and finishes, design, appearance, construction, overall construction, and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Inspector of Buildings. C.Affordable Housing Units must comply with the Local Action Unit requirements of DHCD so that they are eligible to be included on the SHI. D.The owners or renters, as applicable, of Affordable Housing Units shall have all rights and privileges afforded to owners or renters of Market-rate Housing Units, including access to all non-fee amenities within the development. E. Timing of construction or provision of Affordable Housing Units or lots: Where feasible, Affordable Housing Units shall be provided coincident to the development of Market-rate 91 Housing Units, but in no event shall the development of Affordable Housing Units be delayed beyond the schedule noted below: Market-rate Housing Unit (% Complete)*Affordable Housing Unit (% Required)* <30% - 30% plus 1 unit 10% Up to 50%30% Up to 75% 50% 75% plus 1 unit 70% Up to 99%100% *the unit count is rounded up to the nearest whole number. F. Affordable Housing Units shall be made available for purchase or rent to Income Eligible Households under an Affirmative Fair Housing Marketing Plan that complies with federal and state fair housing laws and is approved by the Town’s monitoring agent and DHCD. No Building PermitCertificate of Occupancy for a development subject to this bylaw shall be issued unless the Director of Community and Economic Development has determined that the applicant’s affirmative marketing plan complies with this Section 195-8.99. The affirmative marketing costs for the Affordable Housing Units shall be the responsibility of the applicant. 195-8.101 PROVISION OF AFFORDABLE HOUSING UNITS OFF-SITE: As an alternative to the requirements of § 195-8.100, an applicant subject to the bylaw may develop, construct or otherwise provide Affordable Housing Units equivalent to those required by § 195-8.99 off-site within the Town of North Andover. All requirements of this bylaw that apply to on-site provision of Affordable Housing Units, shall apply to provision of off-site Affordable Housing Units, except for those units that are built and constructed pursuant to §195.8.100(A) & (B). In addition, the location of the off-site units to be provided shall be approved by the SPGA as an integral element of the Special Permit review and approval process. 195-8.102 FEES-in-LIEU-of AFFORDABLE HOUSING UNIT PROVISION: A. With the exception of Continuing Care Retirement Centers, as defined and described in §195-13.1 to 195-13.7 of the zoning bylaw, aAs an alternative to the requirements of §195-8.100 or § 195-8.101, an applicant proposing a homeownership development containing more than seven (7) housing units may petition the SPGA for permission to make cash payment upon a showing that it is economically unfeasible. The SPGA may require the applicant to meet with the North Andover Affordable Housing Trust to explore alternatives and may retain a third-party consultant to review the applicant’s financial basis for the request of making a cash payment to the Town in lieu of developing Affordable Housing Units consistent with the requirements in this § 195-8.99. B.Continuing Care Retirement Centers, as an alternative to the requirements of §195-8.100, may petition the SPGA for permission to make cash payment as delineated in § 195-13.6 of the zoning bylaw. 92 C.With the exception of Continuing Care Retirement Centers, aApproval for cash fees-in- lieu shall only be granted by the SPGA in strict accordance with the following: 1) After making a finding that the applicant has clearly demonstrated that providing such Affordable Housing Unit(s) would make the development economically infeasible. 2) Calculation of fees-in-lieu of units: The fee-in-lieu of the construction or provision of Affordable Housing Units will be equal to the difference between the full and fair market value of a comparable Market-rate Housing Unit and the affordable price of the applicable Affordable Housing Unit, as calculated consistent with § 195-8.103. The SPGA will make the final determination of the fee-in-lieu, and may retain a third- party consultant to review the applicant’s full and fair market value of the comparable Market-rate Housing Unit. 3)Schedule of fees-in-lieu-of-unit payments: Fees-in-lieu-of-unit payments shall be made according to the schedule set forth in § 195-8.100(E), above. The cash payment shall be made to the Affordable Housing Trust Fund. D. Creation of Affordable Units: Cash contributions made to the Affordable Housing Trust Fund in accordance with § 195-8.102 shall be used only for purposes of providing affordable housing for low- or moderate-income households through a variety of means consistent with the purpose of the AHTF. 195-8.103 MAXIMUM INCOMES AND SELLING PRICES: INITIAL SALE: A. Documents necessary to ensure the Affordable Housing Units are eligible for LIP approval and inclusion on the SHI as required by DHCD shall be submitted to the SPGA. B.The maximum sales price or Affordable Housing Units created under this bylaw shall comply with DHCD’s LIP. C.Eligibility for the purchase or rental, as applicable, of an Affordable Housing Unit created pursuant to this bylaw shall be determined by DHCD. 195-8.104 PRESERVATION of AFFORDABILITY; RESTRICTIONS ON RESALE A. Each Affordable Housing Unit created in accordance with this bylaw shall be subject to resale restrictions that meet the requirements of DHCD’s LIP. (§ 195-8.99). The purpose of these limitations is to preserve the long-term affordability of the Affordable Housing Units and to ensure such units’ continued availability to Income Eligible Households. The resale restrictions shall be established through an Affordable Housing Restriction . 1) The SPGA shall require, as a condition for Special Permit under this bylaw, that the applicant comply with the mandatory set-asides and accompanying restriction on affordability that are consistent with the requirements under this bylaw, including the execution of an Affordable Housing Restriction that noted in § 195-8.104.A. above. 93 2) The SPGA shall require, as a condition for Special Permit approval under this bylaw, that the applicant comply with the conditions of the DHCD universal deed rider, including but not limited to requirements regarding owner occupancy. B.For developments subject to this bylaw: 1) No Certificate of Occupancy shall be issued until an Affordable Housing Restriction in the form of a LIP regulatory and use agreement has been reviewed by Town Counsel and approved by DHCD has been fully executed and recorded at the North Essex Registry of Deeds. 195-8.105 Enforcement A. Legal Restrictions: All agreements with the Town, including restrictive instruments and other documents necessary to ensure compliance with this bylaw other than an Affordable Housing Restriction, shall be subject to prior written review and approval by Town Counsel, and shall be executed prior to the issuance of a Building Permit Certificate of Occupancy in the development. B.Performance Bond Guarantee: Prior to the issuance of a building permit the applicant shall submit a performance bond secured by a deposit or negotiable securities. The performance bond secured by the applicant shall be in an amount no less than the calculated payment-in-lieu for the total number of proposed Affordable Housing Units. 195-8.106 Local Initiative Program Requirements The applicant shall be responsible for preparing and submitting any documentation that may be required by the DHCDto receive LIP approval and to qualify the Affordable Housing Units for listing on the SHI. The applicant shall also be responsible for providing annual compliance monitoring and certification to the Town or its monitoring agent and to pay for the costs of the Town for providing such compliance monitoring. 195-8.107 Conflict with other Bylaws and Other Requirements A. The provisions of this Inclusionary Housing Bylaw shall be considered supplemental of existing zoning bylaws. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw or provisions therein, shall apply. B.The provisions of this bylaw shall be considered supplemental of DHCD’s LIP and LAU requirements. To the extent that a conflict exists between this bylaw or the Special Permit and DHCD’s requirements, DHCD’s requirements shall apply control. 195-8.108 Severability If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this Inclusionary Housing Bylaw shall not affect the validity of the remainder of the Town of North Andover’s Zoning Bylaw. or to take any other action relative thereto. 94 Planning Board Planning Board Recommendation: Favorable Action Select Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 32. Amend North Andover Zoning Bylaw – Article 4, Part 6 Floodplain District. 2/3 VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning Bylaw, Buildings and Uses Permitted, Part 6 Floodplain District in order to become consistent with the National Flood Insurance Act of 1986 requirements, language and definitions by making the following amendments (by obsoleting the existing text, carrying forward applicable text and identifying new text added as underlined): § 195-4.25 Purpose . The purpose of the Floodplain District is to: A. Ensure public safety through reducing the threats to life and personal injury. B. Eliminate new hazards to emergency response officials. C. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding. D. Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding. E. Eliminate costs associated with the response and cleanup of flooding conditions. F. Reduce damage to public and private property resulting from flooding waters. § 195-4.26 Boundaries. The Floodplain District is herein established as an overlay district and includes all special flood hazard areas within the Town of North Andover designated as Zones A and AE on the Essex County Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the district may be defined by the one- hundred-year base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated 95 herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission. § 195-4.27 Base flood elevation and floodway data. A. Floodway data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data as determined by the Building Inspector, in consultation with the Director of the Division of Public Works, shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. B.Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones. C.Areas designated as floodplain on the North Andover Flood Insurance Rate Maps may be determined to be outside the Floodplain District by the Building Inspector, in consultation with the Director of the Division of Public Works, if an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the floodplain contour elevation does not occur in any area of proposed buildings, structures, improvements, excavation, filling, paving, or other work activity. The person requesting the determination shall provide any other information deemed necessary by the Building Inspector, in consultation with the Director of the Division of Public Works, to make that determination. If the Building Inspector, in consultation with the Director of the Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated as occurring within the Floodplain District, and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or Board from making non-zoning determinations of the floodplain or performing their official duties. § 195-4.28 Notification of watercourse alteration. If a landowner or project proponent proposes to alter or relocate any watercourse, that person shall notify the following parties and provide evidence of such notification to every Town board or official which or who has jurisdiction over such alteration or relocation prior to or at the time of applying for any approval that is required to perform such alteration of relocation: A. Notify, in a riverine situation, the following of any alteration or relocation of a watercourse: (1) Adjacent communities. (2) NFIP State Coordinator 96 Massachusetts Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 (3) NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor Boston, MA 02110 § 195-4.29 Compliance with regulations. A. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following (1) Section of the Massachusetts State Building Code which addresses floodplain and coastal High hazard areas (currently 780 CMR 120G); (2) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); (3) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); (4) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently (310 CMR 15.00); B. Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. § 195-4.30 Use and development regulations. A. Within Zone AE, along watercourses that have a regulatory floodway within the Town of North Andover, on the Essex County FIRMs dated July 3, 2012; encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. However, a registered professional engineer may provide proof and certification to the Building Commissioner, in conjunction with the Director of the Division of Public Works, demonstrating that such encroachments shall not increase flood levels during the occurrence of the one-hundred-year flood, and if the Building Commissioner, in conjunction with the Director of the Division Public Works, approves this certification, such encroachments shall not be deemed to be prohibited. B.Subdivision proposals. 97 (1) All subdivision proposals filed in accordance with MGL c. 41, §§ 81S and 81T (or any revisions to the Subdivision Control Law referencing the submission of preliminary or definitive subdivision plans), respectively, shall be designated so that: (a) Such proposals minimize flood damage; (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (c) Adequate drainage is provided to reduce exposure to flood hazards. (2) Existing contour intervals of site and elevations of existing structures must be included on plan proposal; (3) The applicant shall circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. § 195-4.31 Permitted uses. The following uses of low flood damage potential and causing no obstruction to flood flows are encouraged, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment: A. Agricultural uses such as farming, grazing, truck farming, horticulture, etc. B. Forestry and nursery uses. C. Outdoor recreational uses, including fishing, boating, play areas, etc. D. Conservation of water, plants, wildlife. E. Wildlife management areas, foot, bicycle, and/or horse paths. F. Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. G. Buildings lawfully existing prior to the adoption of these provisions. § 195-4.32 Definitions. The following definitions are taken from the NFIP regulations and the Massachusetts State Building Code, Section 3107. 98 AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V. BASE FLOOD The flood having one-percent chance of being equaled or exceeded in any given year. COASTAL HIGH-HAZARD AREA The area subject to high-velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zones V, V1-30, and VE. DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DISTRICT The Floodplain District. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and which is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) The agency that administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. FLOOD BOUNDARY AND FLOODWAY MAP 99 An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the one-hundred-year and five-hundred-year floods and the one-hundred- year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.) FLOOD HAZARD BOUNDARY MAP (FHBM) An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulation 60.3. MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION 100 A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community. For the purpose of determining insurance rates, "new construction" means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD See "base flood." REGULATORY FLOODWAY See "floodway." SPECIAL FLOOD HAZARD AREA An area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, or VE. START OF CONSTRUCTION Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavations; or the placement of a manufactured home on a foundation. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, or floor or other structural part of the building, whether or not that alteration affects the external dimensions of the building. STRUCTURE 101 For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. ZONE A The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data. ZONE A1-A30 AND ZONE AE (FOR NEW AND REVISED MAPS) The one-hundred-year floodplain where the base flood elevation has been determined. ZONE A99 Areas to be protected from the one-hundred-year flood by federal flood protection system under construction. Base flood elevations have not been determined. ZONE AH AND ZONE AO The one-hundred-year floodplain with flood depths of one foot to three feet. ZONE V A special flood hazard area along a coast subject to inundation by the one-hundred-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined. 102 ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS) A special flood hazard area along a coast subject to inundation by the one-hundred-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. ZONES B, C, AND X Areas identified in the community Flood Insurance Study as areas of moderate or minimal \[1\] flood hazard. Zone X replaces Zones B and C on new and revised maps. \[1\] Editor's Note: Original § 4.2, Phased Development, which immediately followed this section, expired 7-1-2009 and is therefore no longer included in the Zoning Bylaw. § 195-4.25 Purpose. The purpose of the Floodplain District is to: A. Ensure public safety through reducing the threats to life and personal injury. B. Eliminate new hazards to emergency response officials. C. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding. D. Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding. E.Eliminate costs associated with the response and cleanup of flooding conditions. F. Reduce damage to public and private property resulting from flooding waters. § 195-4.26 Boundaries, Use of FEMA Maps and Supporting Studies. The Floodplain District is herein established as an overlay district and includes all special flood hazard areas within the Town of North Andover designated as Zones A, AE, AH, AO, A99, V or VE on the Essex County Flood Insurance Rate Maps (FIRMs) dated July 19, 2018 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 25009C0381F, dated July 19, 2018. The exact boundaries of the district shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 19, 103 2018. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission. Areas designated as floodplain on the North Andover Flood Insurance Rate Maps may be determined to be outside the Floodplain District by the Building Inspector, in consultation with the Director of the Division of Public Works, if an accurate topographic and property line survey of the area conducted by a registered professional engineer or land surveyor shows that the floodplain contour elevation does not occur in any area of proposed buildings, structures, improvements, excavation, filling, paving, or other work activity. The person requesting the determination shall provide any other information deemed necessary by the Building Inspector, in consultation with the Director of the Division of Public Works, to make that determination. If the Building Inspector, in consultation with the Director of the Division of Public Works, determines that the Flood Insurance Rate Maps are in error, the subject area shall not be regulated as occurring within the Floodplain District, and any such determination shall be noted on the Flood Insurance Rate Maps. Nothing in this section shall prohibit the Conservation Commission, Board of Health, or other Town officials or Board from making non-zoning determinations of the floodplain or performing their official duties. § 195-4.27 Designation of Community Floodplain Administrator The Town of North Andover hereby designates the position of Building Inspector to be the official floodplain administrator for the Town of North Andover. § 195-4.28 Permits Required for all proposed development in the Floodplain District The Town of North Andover requires a permit for all proposed construction or other development in the Floodplain District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. § 195-4.29 Other Necessary Permits Obtained The Town’s permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired. § 195-4.30 Floodway Encroachment In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. § 195-4.31 Unnumbered A Zones In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential 104 structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways. § 195-4.32 AO and AH Zones Drainage Requirements Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures. § 195-4.33 Recreational Vehicles In A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready. § 195-4.34 Watercourse Alterations or Relocations in Riverine Areas In a riverine situation, the Building Inspector shall notify the following of any alteration or relocation of a watercourse: • Adjacent Communities, especially upstream and downstream • Bordering States, if affected • NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor, Boston, MA 02114 • NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor, Boston, MA 02110 § 195-4.35 Requirement to Submit New Technical Data If the Town/City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town/City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to: • NFIP State Coordinator Massachusetts Department of Conservation and Recreation 251 Causeway Street, 8th floor, Boston, MA 02114 • NFIP Program Specialist Federal Emergency Management Agency, Region I 99 High Street, 6th Floor, Boston, MA 02110 § 195-4.36 Variances to Building Code Floodplain Standards The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. 105 Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district. § 195-4.37 Variances to local Zoning Bylaws Related to Community Compliance with the National Flood Insurance Program (NFIP) A variance from these floodplain bylaws must meet the requirements set out by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief. § 195-4.38 Abrogation and Greater Restriction and Compliance with Regulations A. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following: (1) Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 120G); (2) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); (3) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); (4) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); B. Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. C. The floodplain management regulations found in this Floodplain District section shall take precedence over any less restrictive local laws, bylaws or codes. § 195-4.39 Use and Development Regulations. A. Within Zones A1-A30 and AE, along watercourses that have a regulatory floodway within the Town of North Andover, on the Essex County FIRMs dated July 19, 2018 encroachments, including fill, new construction, substantial improvement, and other development are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. However, a registered professional engineer may provide hydrologic and hydraulic analysis performed in accordance with standard engineering practice proof and certification to the Building Commissioner, in conjunction with the Director of the Division of Public Works, demonstrating that such encroachments shall not increase flood levels during the occurrence of the one-hundred-year flood, and if the Building Commissioner, in conjunction with the Director of the Division Public Works, approves this certification, such encroachments shall 106 not be deemed to be prohibited. B.Subdivision proposals. (1) All subdivision proposals filed in accordance with MGL c. 41, §§ 81S and 81T (or any revisions to the Subdivision Control Law referencing the submission of preliminary or definitive subdivision plans), respectively, and development proposals, shall be designed so that: (a)Such proposals minimize flood damage; (b) All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (c)Adequate drainage is provided to reduce exposure to flood hazards. (d)When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans. (2) Existing contour intervals of site and elevations of existing structures must be included on the plan proposal. (3) The applicant shall circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. § 195-4.40 Permitted uses. The following uses of low flood damage potential and causing no obstruction to flood flows are encouraged, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment: A. Agricultural uses such as farming, grazing, truck farming, horticulture, etc. B.Forestry and nursery uses. C. Outdoor recreational uses, including fishing, boating, play areas, etc. D. Conservation of water, plants, wildlife. E.Wildlife management areas, foot, bicycle, and/or horse paths. F. Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. G. Buildings lawfully existing prior to the adoption of these provisions. 107 § 195-4.41 Disclaimer of Liability The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection. § 195-4.42 Severability If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective. § 195-4.43 Local Enforcement The provisions shall be enforced by the North Andover Building Inspector. The Building Inspector, upon being informed in writing of a possible violation of this bylaw or on his own initiative, shall make or cause to be made an investigation of facts and an inspection of the premises where such violation may exist. If the Building Inspector is so informed in writing and declines to act, he/she shall, within 14 days of his receipt of such information, give to his informant, in writing, his reasons for refraining from taking any action. The Building Inspector, on evidence of any violation after investigation and inspection, shall give written notice of such violation to the owner and to the occupant of such premises, and the Building Inspector shall demand in such notice that such violation be abated within such reasonable time as may be given by mail addressed to the owner at the address appearing for him/her on the most recent real estate tax records of North Andover, and to the occupant at the address of the premises of such seeming violation. If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector or the Selectmen shall institute appropriate action or proceedings in the name of the Town of North Andover to prevent, correct, restrain, or abate any violation of this bylaw. § 195-4.44 Definitions. AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V. BASE FLOOD The flood having one-percent chance of being equaled or exceeded in any given year. COASTAL HIGH-HAZARD AREA The area subject to high-velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zones V, V1-30, and VE. DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (US Code of Federal Regulations, Title 44, Part 59) 108 DISTRICT The Floodplain District. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) and which is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) The agency that administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas. FLOOD BOUNDARY AND FLOODWAY MAP An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the one-hundred-year and five-hundred-year floods and the one-hundred- year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.) FLOOD HAZARD BOUNDARY MAP (FHBM) An official map of a community issued by the Federal Insurance Administrator where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E. (US Code of Federal Regulations, Title 44, Part 59) FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height. (Base Code, Chapter 2, Section 202) FUNCTIONALLY DEPENDENT USE 109 A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. \[US Code of Federal Regulations, Title 44, Part 59\] Also \[Referenced Standard ASCE 24-14\] HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. \[US Code of Federal Regulations, Title 44, Part 59\] HISTORIC STRUCTURE Means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs. \[US Code of Federal Regulations, Title 44, Part 59\] LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulation 60.3. MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION 110 For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the first floodplain management code, bylaw, regulation or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (Referenced Standard ASCE 24-14) For the purpose of determining insurance rates, "new construction" means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD See "base flood." RECREATIONAL VEHICLE Means a vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.\[US Code of Federal Regulations, Title 44, Part 59\] REGULATORY FLOODWAY See "floodway." SPECIAL FLOOD HAZARD AREA The land areas subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH. (Base Code, Chapter 2, Section 202) START OF CONSTRUCTION The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of 111 accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. \[Base Code, Chapter 2, Section 202\] STRUCTURE For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (US Code of Federal Regulations, Title 44, Part 59) "Structure," for insurance coverage purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT Reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Inspector shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. \[As amended by MA in 9th Edition BC\] VARIANCE A grant of relief by a community from the terms of a flood plain management regulation. \[US Code of Federal Regulations, Title 44, Part 59\] VIOLATION 112 The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3 is presumed to be in violation until such time as that documentation is provided. \[US Code of Federal Regulations, Title 44, Part 59\] ZONE A The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data. ZONE A1-A30 AND ZONE AE (FOR NEW AND REVISED MAPS) The one-hundred-year floodplain where the base flood elevation has been determined. ZONE A99 Areas to be protected from the one-hundred-year flood by federal flood protection system under construction. Base flood elevations have not been determined. ZONE AH AND ZONE AO The one-hundred-year floodplain with flood depths of one foot to three feet. ZONE V A special flood hazard area along a coast subject to inundation by the one-hundred-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined. ZONE V1-30 AND ZONE VE (FOR NEW AND REVISED MAPS) A special flood hazard area along a coast subject to inundation by the one-hundred-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. ZONES B, C, AND X Areas identified in the community Flood Insurance Study as areas of moderate or minimal \[1\] flood hazard. Zone X replaces Zones B and C on new and revised maps. \[1\] Editor's Note: Original § 4.2, Phased Development, which immediately followed this section, expired 7-1-2009 and is therefore no longer included in the Zoning Bylaw. or to take any other action relative thereto. Planning Board Planning Board Recommendation: Favorable Action Select Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote 113 Article 33: Amend Zoning Bylaw – Article 13: Continuing Care Retirement Center. 2/3 VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning Bylaw, Article 13 – Continuing Care Retirement Center (CCRC), by making the following amendments to Subsection 195-13.1 Establishment; permitted districts; special permit required (by identifying text to be deleted as strikethrough and text which is added as underlined), as follows: Article 13 CONTINUING CARE RETIREMENT CENTER § 195-13.1 Establishment; permitted districts; special permit required. There is established a continuing care retirement center (CCRC) as a permitted use under the special permit provision of this bylaw. Such permitted use may only be authorized in existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may include land which is in the Residence 1 District, provided that no development shall be permitted in the Residence 1 portion of a CCRC parcel in excess of 10% of the lot areas of the Residence 1 portion within such CCRC parcel. The authorization will empower the Planning Board to review and approve a definitive plan under the special permit provisions in § 195-10.7 and as otherwise provided for in this Article 13. A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. Should an applicant propose a second A CCRC, the second CCRC may also only include any or all of the foregoing housing types, but need not contain a nursing home care facility or congregate housing units on the lot of the second CCRC, provided that the second CCRC and all housing types on the lot are affiliated with a its existing nursing home. care facility in the Town of North Andover. § 195-13.2 Purpose. The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for the elderly on the basis of the Town Meeting's authorization to the Planning Board to issue a special permit in the permitted districts with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including home health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently. It is further intended to encourage the preservation of open spaces; to allow for new nursing care facilities and housing that causes relatively little demand on Town services; and to preserve the Town's residential character. In creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted, thereby allowing for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenanceand care of traditional nursing home and residential properties. 114 § 195-13.3 Definitions. As used in this article, the following terms shall have the meanings indicated: ASSISTED LIVING UNITS Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating. CONGREGATE HOUSING UNITS Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two, or three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and sleeping. ELDERLY A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older. HOME HEALTH CARE Medical and therapeutic services provided to residents in their dwelling units. INDEPENDENT DWELLING UNITS Dwelling units similar in character and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of freestanding buildings which contain up to five dwelling units per structure. NURSING HOMECARE FACILITY A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the Massachusetts Department of Public Health. WETLANDS Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter. § 195-13.4 Permitted uses. A. Principal uses. The following uses shall be permitted in a CCRC: 115 (1) Nursing care facilities; (2) Congregate housing units; (3) Independent dwelling units; (4) Assisted living units; (5) Home health care; (6) Facilities for supportive services, including, but not limited to, medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchen facilities and laundry facilities. These and others shall be designed for the primary use of residents. Such supportive services may not be designed or used as a general business for the larger community of North Andover and environs; (7) Any other use deemed reasonably necessary or ancillary by the Planning Board to facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in a CCRC. § 195-13.5 Standards and restrictions. A. Minimum lot size. A CCRC shall be permitted only within a single lot containing a total area of not less than 25 acres. Existing public or private ways need not constitute boundaries of the lot, but the area within such ways shall not be counted in determining minimum lot size. As used in this Article 13, "parcel" and "lot" shall have the same meaning. B. Permissible density. Unless in compliance with the bonus density provisions of § 195-13.6, the dwelling unit density shall not exceed an average of four units per acre in a parcel which is located within the Residence 1 District or Residence 2 District and five units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion of either the Residence 2 and Residence 1 Districts or the Village Residential and Residence 1 Districts, a density factor of two units per acre shall be applicable to the portion in the Residence 1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in excess of 10% of the lots area in that portion of the CCRC parcel located in the Residence 1 District nor shall any development in a Residence 2 or Village Residential District adversely impact the Residence 1 District. For parcels which are located in a combined portion of the Residence 1 or Residence 2 Districts and the Village Residential Districts, the permissible density for each district shall be applicable. Also, in no event shall the total number of independent dwelling units exceed 15% of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the floor area ratio of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 300 for any parcel regardless of total acreage or density bonuses provided under § 195-13.6. 116 C. Maximum lot coverage. In no event shall the maximum lot coverage of buildings and structures exceed 25%. D. Dimensional requirements. (1) Perimeter setback. The setback area is intended to provide a perimeter greenbelt around the CCRC, except for road and utility crossings. No building or other structure shall be located within 100 feet of perimeter lines of the CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping plan shall be submitted to the Planning Board for its approval, provided that nothing shall prevent the construction of walls and fences. The Planning Board may authorize or require landscaping in the Residence 1 District if it is consistent with the objective of screening the CCRC from existing or potential residential development. (2) Minimum frontage. Frontage on any public street or way shall be 150 feet, except on Route 114 where, for reasons of public safety, the minimum frontage shall be 250 feet. (3) Maximum height. The height of any structure shall not exceed three stories and in no event more than 35 feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the Planning Board may exempt ornamental or nonhabitable architectural features added for aesthetic purposes. E. Common open space. Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or service areas which is not set aside as private yards, patios or gardens for residents shall be common open space. Further, all common open space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of common open space shall equal at least 50% of the total area of the CCRC parcel or lot, and no more than 25% of the minimum required common open space shall be situated within wetlands. The common open space shall have a shape, dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents of the CCRC. Further a permanent conservation restriction of the type described in MGL c. 184, § 31 (including future amendments thereto and corresponding provisions in future laws), running to or enforceable by the Town, shall be recorded with respect to the common open space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, recreation or agriculture. Such restriction shall be in a form and substance as the Planning Board shall prescribe, including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board. F. Parking. (1) The minimum number of parking spaces provided in connection with the uses permitted under this article shall be as follows: 117 (a) Nursing care facility: one parking space for every sleeping room for single or double occupancy. (b) Congregate housing, assisted housing and independent dwelling units: one parking space for each unit. (2) The Planning Board shall have the discretion to waive the applicant's compliance with these parking requirements, provided that the applicant's plans demonstrate the capacity to fully comply with all other requirements of Article 13. G. Public safety. The Planning Board shall require all CCRC applications to include statements, drawings and/or plans indicating that all applicable public safety devices (including fire safety and suppression devices) have been provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of the National Fire Protection Association (NFPA 13D). H. Public sewer. All CCRC projects shall be connected to the public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report to the Planning Board as to their adequacy. § 195-13.6 Bonuses. A. Affordable housing. For all CCRCs, the total number of allowable dwelling units may be increased up to 50%, if the applicant designates at least 10% of the total number of units for use as affordable housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with income and asset limitations established by the authorizing state or federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and asset standards and establishing rents, sales prices or entry fees for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the Planning Board, in consultation with the Housing Authority, may establish the rent, carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the CCRC development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the Town, Housing Authority or any public or nonprofit agency which is authorized to develop or support affordable housing for the elderly. The rate of contribution shall be $2 per square foot of gross floor area of all buildings and structures, exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw. 118 B. Open space. The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75% usable open space consistent with the definition of "open space" in this article. The granting of this bonus density shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw. § 195-13.7 Subdivision procedures; density bonus limitations. A. Facilities proposed to be built in a CCRC shall be subject to the following procedures: (1) The applicant shall be required to meet with the Planning Board to discuss the following: the provisions of Article 13 and other referenced sections; the elements of the proposed development; and the requirements and specific provisions of the preliminary site plan. The applicant shall submit a preliminary site plan to the Planning Board for its review and recommendations. (2) The applicant will be required to submit a "definitive plan" in accordance with the applicable provisions of § 195-11.3. The Planning Board may issue a special permit if it determines that all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan. B. Relationship to subdivision regulations. The requirements of the special permit in no way or manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board.\[1\] \[1\] Editor's Note: See Ch. 255, Subdivision of Land. C. Density bonus limitations. The use of all density bonuses provided herein may not exceed 50%. Or to take any other action relative thereto. Planning Board Select Board Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 34: Amend Zoning Bylaw – Article 8 Supplementary Regulations. SUPERMAJORITY 2/3 vote to amend the Town of North Andover Zoning Bylaw, Article 8 – Supplementary Regulations, Part 3 Site Plan Review, by making the following amendments (by identifying text which is deleted as strikethrough and text added as underlined), as follows: PART 3 Site Plan Review § 195-8.10. Purpose. A. The purpose of this Part 3 is to protect the health, safety, convenience and general 119 welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts, both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic. This review considers the impact on public services and infrastructure; environmental, unique and historic resources; abutting properties; and community character and ambiance. B.This part of the Zoning Bylaw is adopted pursuant to MGL c. 40A, § 9. All site plan review applications submitted under the provisions of this Part 3 shall be reviewed by the Planning Board as a special permit, except for applications submitted pursuant to M.G.L. c. 40A §3, which will be considered as a Limited Site Plan Review. (See §195- 8.18-§195-8.26). C.For projects to be considered for Limited Site Plan Review under the Dover Amendment (M.G.L., c. 40A, Section 3) the applicant must submit a request to the Building Commissioner for a written determination of whether the provisions of M.G.L. c. 40A, Section 3, are applicable. This determination as to whether the Dover Uses applies to a particular proposed use will be made solely by the Building Commissioner. D. Sites and developments to which this Part 3 applies shall comply with the regulations of this Part 3 as well as those of all other applicable Town bylaws, or the requirements of the Commonwealth of Massachusetts, prior to any construction being undertaken in the Town of North Andover. § 195-8.11. Developments which require site plan review. A. Site plan is required for: 1) Any new building(s) or construction which contains more than 2,000 square feet of gross floor area which is undertaken on land within the Town of North Andover or results in the requirement of five or more new or additional parking spaces; 2) Any construction which results in the addition of more than 2,000 square feet of gross floor area to an existing structure; or results in the requirement of five or more new or additional parking spaces; 3) Any construction, site improvements, new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property; traffic circulation; stormwater drainage onto or off of the site; and/or the application of the parking standards of Part 1 indicate the need for five or more new or additional parking spaces; 4) The construction of any new wireless service facility on a previously permitted facility as set forth in § 195-8.43A(2)of the wireless service facilities use regulations. B. Limited Site Plan Review applies to any structure, use, alteration, and/or improvement as to which Dover Uses applies (as determined by the Building Commissioner), requiring Limited Site Plan Review and approval under §195-8.18 – §195-8.26. With regard to Dover Uses, the provisions of this Section(s) shall govern and any other 120 regulations adopted by the Planning Board for Site Plan Review under Article 8 Part 3 of the North Andover Zoning Bylaw are not applicable. B.C.The following development(s) is exempt from site plan review: 1) Single-family dwelling(s) and two-family dwelling(s); 2) Small structures or additions which do not exceed 2,000 square feet of gross floor area and do not require five or more parking spaces; 3) Routine repairs and maintenance that do not exceed the provisions of Subsection A(3). C.D.Waiver of site plan review. 1) When, in the opinion of the Planning Board, the alteration or reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets, on pedestrian and vehicular traffic, public services and infrastructure, environmental, unique and historic resources, abutting properties, and community needs, the Planning Board may determine, without a public hearing, that submission of a site plan review application or a Limited Site Plan Review application is not required. 2) The applicant must request a waiver from site plan review or Limited Site Plan Review application in writing and may be required to submit supporting documentation that site plan review is not required. The waiver request will be discussed at a regular session of the Planning Board. § 195-8.12. Approval required for site alteration; exception. A. No building permit, site clearing, filling, grading, material deliveries or construction shall be initiated on any site to which this Part 3 applies until site plan approval or Limited Site Plan Review approval as required by this Part 3 is obtained. B. Nothing herein shall be construed, however, to prohibit such clearing or altering as may be necessary for purposes of conducting pre-development studies, such as geotechnical tests, soil borings, wetlands determinations, percolation tests for septic systems as required by the Board of Health, or other similar test as required in order to fulfill a requirement of any Town bylaw or regulations of the Commonwealth. § 195-8.13. Procedures for site plan review. A. The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the 121 provisions contained in § 195-8.17 Revisions to approved site plans. B.Any proposed development meeting any of the criteria set forth in § 195-8.11A, Developments which require site plan review,shall be subject to site plan review and submit a special permit application to the Planning Board. C.An applicant for site plan review shall file an application form, fee, eight three copies of the site plan, and any additional information as may be required (See § 195-8.14, Information required.), with the Planning Department. Once the application is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required§ 195-8.13 § 195-8.14information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. c. 40A will not start until the application has been deemed complete and submitted to the Town Clerk. D. The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board. § 195-8.14. Information required for site plan review. A. Special permitapplication form, along with any fees as may be set by the Town bylaws; B.Drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each. C. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts. D. The times for submission of the site plans for review by the Planning Board are specified in § 195-10.7 of the Zoning Bylaws, Special permits. E. The following information must be submitted along with the application: 1) North arrow/location map. A North arrow and a location map showing surrounding roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet. The location map should show at least one intersection of two existing Town roadways. 122 2) Survey of lot/parcel. A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office. The survey shall be dated and include any revision made to the survey or site plan. Any change in the survey shall be recorded before site plan approval may be granted. 3) Name/Description of project. The name of the development and the names, addresses and telephone numbers of the project listing tenants, land uses, development phases, or other pertinent information necessary to evaluate the proposed development plan. 4) Easements/Legal conditions. Identification of easement(s) or legal encumbrances that are related to the site's physical development, and a listing of any condition(s) placed upon the site by the Board of Appeals, Planning Board, Conservation Commission, or any public body or agency with the authority to place conditions on the site's development. 5) Topography. The present and proposed topography of the site, utilizing two- foot contour intervals. Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown. 6) Zoning information. All applicable Zoning Bylaw information shall be provided regarding the site's development. This information shall be placed in a table and list all parking, setbacks, percent of lot coverage, floor area ratio, number of dwelling units, total amount of square feet, size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. 7) Drainage area map. A drainage area map showing pre- and post-construction watersheds, subwatersheds and stormwater flow paths, including municipal drainage system flows. 8) Stormwater management plan. All applications for site plan review shall include the submittal of a stormwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw). 9) Building location. Identification of all existing and proposed structures located on the site. The number of stories, overall height in feet and gross floor area in square feet of all structures shall be indicated. 10) Building elevation. A drawing of the exterior of the building, as viewed from the front (street view), must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least eight inches by 11 inches in size. 123 11) Location of parking/walkways. Identification of the location of all existing and proposed parking and walkway areas, including curb cuts that will be used to access the site from adjacent roadways, or access points. 12) Location of wetlands; notice of intent. All resource areas as defined in MGL c. 131, § 40, and/or the Town of North Andover Wetland Protection Bylaw (Chapter 190), shall be shown on the site plan. If applicable, the applicant shall file a notice of intent with NACC concurrently with the application to the Planning Board for site plan review. 13) Location of walls/signs. Identification of the location, height and materials to be used for all retaining walls and signs located on the site. Signs will be reviewed using the guidelines set forth in § 195-6.7 of the Zoning Bylaw. 14) Location of roadways/drives. Identification of all rights-of-way and driveways, including the type of curb and gutter to be used, and their dimensions. Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any street which is adjacent to the site. 15) Outdoor storage/display areas. Identification of the location and type of outdoor storage and display areas on the site. 16) Landscaping plan. The general outline of existing vegetation, wooded areas, significant trees, unique species and/or tree clusters and the extent of all vegetation, wooded areas, significant mature trees (>12 inches DBH), unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior landscaping, including but not limited to proposed paving materials for walkways, fences, stone walls and all planting materials to be placed on the site. Any landscaping required by the Town bylaws shall be indicated on the site plan in tabular form showing the amount required and the amount provided. 17) Refuse areas. Identification of the location of each outdoor refuse storage area, including the method of storage and screening. All refuse areas must be fully enclosed. 18) Lighting facilities. Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities, including an example of thelight fixture to be used. 19) Traffic impact study. Identification of existing traffic levels, along with the expected traffic impacts to occur based upon the proposed project. For projects which access state highways, a traffic impact study shall be filed with MEPA concurrently with the Planning Board review. A copy of the MEPA study shall be filed with the application to the Planning Board. 20) Commonwealth review. Any information required and submitted to any agency of the commonwealth shall be filed with the Planning Board upon the initial submission of the project for Board review. 124 21) Utilities. All utilities, including water line locations, sewer line locations and profiles, and storm drainage systems. 22) Fiscal impact. Projections of costs rising from increased demand for public services and infrastructure; provisions of benefits from increased tax revenues, employment and infrastructure improvements; and impacts on adjacent property values. 23) Community impact. Analysis of the project's impact on the surrounding neighborhood in terms of architectural consistency, pedestrian movement and overall character; impacts on nearby historic structures or site; and an evaluation of the proposed project's consistency and compatibility with existing local and regional plans. F. If the site plan review application is for the construction of any new wireless service facility on a previously permitted facility as set forth in § 195-8.43A(2) of the wireless service facilities use regulations, the information required by § 195- 8.45 must also be submitted. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility. G. If a waiver request for is sought for information required pursuant to §195-8.14 the applicant shall request the waiver in writing and may be required to submit supporting information. The SPGA may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of the application. § 195-8.15. Review criteria and design guidelines for site plan review. The following criteria and design guidelines shall be used by the Planning Board in evaluating the site plan review and all information submitted as part of the application. A. General. 1) Conformance with all appropriate provisions of the Zoning Bylaw. 2) Protection of abutting properties from detrimental site characteristics. B.Environmental. 1) Protection of unique or important natural, historic or scenic features. 2) Adequacy of proposed methods of refuse disposal. 3) Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve the proposed use. 4) Adequacy of the proposed drainage system to mitigate stormwaterrunoff increases increase, and protect water quality, and minimize flooding. 125 5) Provision of adequate landscaping, including the screening of adjacent residential uses, provision of street trees, landscape islands in the parking lot and a Landscaped Buffer along the street frontage. 6) Adequacy of the soil erosion and sediment control plan and any plan for protection of steep slopes, both during and after construction to minimize erosion of soil and sedimentation of streams and waterbodies. 7) Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting. 8) The proposed development must not present a demonstrable adverse impact on the surrounding area resulting from excessive noise, dust, smoke, or vibration which is higher than levels now experienced from uses permitted in the surrounding area. 9) Minimization of clearing where practicable, including the removal of mature trees and shrubs and the avoidance of substantial disturbance to soils, topographic drainage, and water resources. 10) Incorporation of sustainability and resiliency principles into the site design that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. C.Design. 1) Buildings shall be located with respect to setbacks, placement of parking, landscaping and entrances and exits with surrounding buildings and development. 2) The buildings shall relate harmoniously to each other in architectural style, the location and building exits and entrances. 3) Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features. 4) Electric, telephone, cable TV, and other such lines and equipment must be placed underground. 5) Demonstrate that the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area. D. Traffic/Parking. 1) The location and number of curb cuts shall be minimized to reduce turning movements, and hazardous exits and entrances. 2) Provision for access to adjoining properties shall be provided as appropriate. 3) Driveways shall be located opposite each other wherever possible. 4) Joint -access driveways between adjoining properties shall be encouraged. 126 5) Internal circulation and egress shall provide for traffic safety, and access to and from minor streets servicing one-family dwellings shall be minimized. E. Stormwater management. 1) At a minimum, all projects subject to site plan review shall comply with the criteria, specifications, and performance standards of the most recent version of Massachusetts Stormwater Management Standards and accompanying Stormwater Management Handbook. The Lake Cochichewick Watershed Area shall be considered a critical area in terms of applicability of the standards. 2) Projects subject to the bylaw shall also comply with the requirements and criteria outlined in Articles VII through X of the North Andover Stormwater Management and Erosion Control Regulations (Chapter 250) promulgated under Chapter 165 of the Town Bylaws (Stormwater Management and Erosion Control Bylaw). F. Landscape design. 1) Landscape designs shall be developed based on soil, light and other site- specific conditions. Plant species shall be chosen for their ability to thrive in the post- development soil, water and use conditions of the site without significant supplemental water or fertilizer, once established. 2) Plant species shall be native to inland Essex County or shall be cultivars of these native species. § 195-8.16. Findings and action by Planning Board for site plan review. A. With the concurring vote of four members, the Planning Board shall either 1) approve, 2) approve with conditions, or 3) deny a site plan submitted for review. 1) The Planning Board shall approve a site plan when the following conditions are met: (a) The site plan complies with all current bylaw requirements of the Town; and (b) The site plan has been submitted in accordance with the regulations and procedures as outlined in this Part 3 and § 195-10.7A, Conditions for approval of special permit. 2) The Planning Board shall conditionally approve a site plan when the following conditions are met: (a) The application needs to go to any Town board, department or commission for approvals, or requires approvals by any state, and/or federal agency; and (b) The site plan generally complies with Town bylaw requirements, but requires minor changes in order to be completely in compliance with the Town bylaw regulations. 127 3) The Planning Board may deny approval of a site plan for the following reasons: (a) The plan does not include all the materials or information required in this Part 3, or has failed to adhere to the procedures for site plan review as outlined in this Part 3, and § 195-10.7, Special Permits; or (b) The plan as presented is not in compliance with Town bylaws; or (c) The plan has been drawn incorrectly or in such form that the Planning Board is unable to determine what information is being presented for review; or (d) The applicants have failed to incorporate and adhere to any condition(s) for approval granted by any Town board, department or commission, or requirements called for by any state or federal agency which has proper authority upon which to place conditions on a matter before the Planning Board. B.The Planning Board shall render a decision within 90 days of the close of the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of MGL c. 40A. C. The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector. D. For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest-bearing account and will be released upon the completion of the project. The Board, at its discretion, may release partial amounts of the security at certain stages of construction. § 195-8.17. Revisions to approved site plans. A. Any revisions to a development that has secured site plan approval or Limited Site Plan Review approval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three two copies of the revised plan and the revisions placed on the plan fall into the following categories: 1) A change of location and layout of any parking area(s), signs, storage or accessory buildings, provided that no Town bylaws are violated by the change; 2) A change in the proposed landscaping plan which does not violate any Town bylaw; 3) A change of egress and ingress, provided the same is in compliance with Town bylaws and the requirements of the commonwealth. B.The revisions cited above may be completed without further review by the Planning 128 Board, upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this section, and that the proposed revisions are in fact substantial and call for materially different site plan than approved by the Planning Board in that changes are called for in the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan. C.If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this Part 3. § 195-8.18 Limited Site Plan Review for religious uses, educational uses and child care facilities. The purpose of this section is to ensure that all religious and education uses, and all child care facilities are subject to reasonable regulations in regards to bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. Notwithstanding any bylaw to the contrary, the Planning Board has the authority to place reasonable conditions on child care facilities, and developments proposing religious, or educational uses, but are not permitted to withhold approval of Limited Site Plan Review where there is an inability to satisfy proposed reasonable regulations. A. Information Required for Limited Site Plan Review; 1) Submittal of a complete “Application for Limited Site Plan Review”. 2) Evidence supplied by the applicant of the Building Commissioner’s written determination of whether the provisions of M.G.L. c. 40A, Section 3, are applicable. This determination as to whether the Dover Uses applies to a particular proposed use will be made solely by the Building Commissioner. B. In reviewing the Limited Site Plan submittal for religious uses, educational uses and child care facilities, the following issues shall be considered: 1) Relationship of the bulk of structures and adequacy of open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this Bylaw, which includes, but is not limited to, building coverage requirements, yard sizes, lot areas and setbacks; 2) Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; 129 3) Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; 4)Physical lighting of the site, especially the adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties, roadways and the night sky; 5) Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage; 6)Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site; 7) Adequacy of fire protection measures, and; 8) Incorporation of sustainability and resiliency principles into the site design that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. 9) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan or impact study requested by the Board. §195-8.19 Definitions A. Dover Uses: Proposed use consistent with M.G.L. c. 40A §3. B. Limited Site Plan Review: The standard of review for the regulatory authority for Dover Uses. All projects are subject to a public hearing before the Planning Board, and are subject to notice requirements set forth in M.G.L. Chapter 40A Section 11. C. Educational: Use of land, buildings and structures for providing learning in a general range of subjects on land owned or leased by the Commonwealth or any of its agencies, subdivisions of bodies politic or by a recognized religious sect or denomination, or by a nonprofit educational entity which may include athletic facilities, dormitories, administrative offices and similar facilities and activities whose purpose is substantially related to furthering learning. D Child care facility: An establishment licensed by the Commonwealth of Massachusetts for the purpose of operating either 1) a day care center, which provides daily care for children under the age of seven (7) years, or under sixteen (16) years if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents; or 2) a school age child care program, which provides supervised group care for children not of common parentage who are enrolled in kindergarten and are of sufficient age to enter first grad the following year, or an older child who are not more than fourteen (14) years of age, or sixteen (16) years of age if such children have special needs; or 3) a large family child care home: a private residence which, on a regular basis, receives for temporary custody and care during part, or all of the day, children under 7 years of age, or children under 16 years of age if such 130 children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations promulgated by the board, but the number of children under the age of 16 in a large family child care home shall not exceed 10, provided that: 1) In the residential districts, such activities shall be permitted only on a lot which, with all its structures, conforms to the requirements of the Bylaw, or (b) a lawfully nonconforming lot or structure as to which the area of the lot is not less than ten thousand (10,000) square feet; 2) In the residential districts or on lots which are not in a residential district but are adjacent to a residential district, no outdoor play area (an area designed or set aside for children in a child care facility for recreation or play) shall be located closer to a lot line than the minimum yard setback requirements for a principal use in the district in which it is located; 3) In all districts, the open space between the defined outdoor play area or structure and the property line(s) adjacent to residential districts or residential uses shall be screened with such fence, wall, hedge, or landscaping to provide a dense year-round screen as the Planning Board shall designate. E. Religious: Use of land, buildings and structures for public worship carried on by a recognized religious sect or denomination which may include religious instruction, maintenance of a convent, parish house and similar facilities and activities whose purpose is substantially related to furthering the beliefs of such sect or denomination. 195-8.20 Where a special permit, including but not limited to a Watershed Special Permit, is required or a variance from the Zoning Bylaw is requested in connection with any action subject to Limited Site Plan Review for religious uses, educational uses and child care facilities, the specific provisions of the Zoning Bylaw still apply, subject to the provision in Purpose of § 195-8.18. 195-8.21 Limited Site Plan Review approval for religious uses, educational uses and child care facilities shall be by the Planning Board. The Planning Board shall file its decision with the Town Clerk within ninety (90) days of receipt of an application, unless such time is extended in writing by agreement with the applicant and notice of such extension is filed with the Town Clerk. The Planning Board may impose such appropriate conditions, limitations, and safeguards as will ensure compliance with the terms of approval. 195-8.22 The applicant shall be responsible for filing a copy of the decision at the Registry of Deeds. Prior to the issuance of a building permit, the applicant shall present evidence of such recording to the Building Inspector and the Planning Department. 131 195-8.23 For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Planning Board may require security submitted in the form of a check made out to the Town of North Andover in an amount determined by the Board to be sufficient to cover the cost of all or any part of the improvements required. The check will then be placed in an interest- bearing account and will be released upon the completion of the project. The Board, at its discretion, may release partial amounts of the security at certain stages of construction. 195-8.24 Term of approval: Limited Site Plan Review approval shall lapse if construction has not commenced within two (2) years from the date of approval. For Limited Site Plan approval by the Planning Board, an extension of time may be granted for up to one (1) year. 195-8.25 Bylaw Construction: This Bylaw shall not interfere with or annul any other Town Bylaw, rule or regulation, which is more restrictive, except where this Bylaw is more restrictive, it shall control. 195-8.26 Validity and Separability: The invalidity of one or more sections, subsections, sentences, clauses or provisions of this Bylaw shall not invalidate or impair the Bylaw as a whole or any other part hereof. or to take any other action relative thereto. Planning Board Planning Board Recommendation:Favorable Action Select Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 35: Amend Zoning Bylaw – Section 2, DEFINITIONS: UNANIMOUS vote to amend the Town of North Andover Zoning Bylaw, by amending Section 2, Definitions by making the following amendment (by identifying text which is to be deleted as strikethrough) as follows: DAY-CARE CENTER Any facility operated on a regular basis, whether known as a "day nursery," "nursery school," "kindergarten," "child play school," "progressive school," "child development center," or "preschool," or known under any other name, which receives children not of common parentage under seven years of age, or under 16 years of age if such children have special needs, or nonresidential custody and care during part or all of the day separate from their parents, or the elderly 60 years of age or older. "Day-care center" shall not include any 132 part of a public school system; any part of a private organized educational system unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; a Sunday school conducted by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family day-care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor. or to take any other action relative thereto. Planning Board Planning Board Recommendation: Favorable Action Select Board Recommendation: Favorable Action Vote Required: Two thirds (2/3) Vote Article 36: Amend Zoning Bylaw - Day Care Center. UNANIMOUS vote to amend the Town of North Andover Zoning Bylaw, Article 4 – Buildings and Uses Permitted, Article 16 – Corridor Development District, and Article 17 – Osgood Smart Growth Overlay District (by identifying text which is deleted as strikethrough) as follows: 195-4.2.S. Day-care center by special permit Child care facility 195-4.3.T. Day-care center by special permit Child care facility 195-4.4.U. Day-care center by special permit Child care facility 195-4.5.V. Day-care center by special permit Child care facility 195-4.6(21) Day-care center by special permit Child care facility 195-4.7.M. Day-care center by special permit Child care facility 195-4.8.V. Day-care center by special permit Child care facility 195-4.9.V. Day-care center by special permit Child care facility 195-4.10.P. Day-care center by special permit Child care facility 195-4.11.G. Day-care center by special permit Child care facility 195-4.12.I. Day-care center by special permit Child care facility 195-4.13.P. Day-care center by special permit Child care facility 195-4.14.V. Day-care center by special permit Child care facility 195-4.15.G. Day-care center by special permit Child care facility 195-4.16.N. Day-care center by special permit Child care facility 195-16.4.Q. Day-care center Child care facility 195-17.9.B(5) Day-care center Child care facility 195-17.10.B(4)Day-care center Child care facility 195-17.11.B(4)Day-care center Child care facility or to take any other action relative thereto. Planning Board Planning Board Recommendation:Favorable Action Select Board Recommendation: Favorable Action 133 Vote Required:Two thirds (2/3) Vote Article 37: Amend Zoning Bylaw – Chapter 195, Attachment 2, Table 1 – Summary of Use Regulations. SUPERMAJORITY vote to amend Chapter 195 of the Town of North Andover Zoning Bylaw, by amending “195 Attachment 2, Town of North Andover, Table 1: Summary of Use Regulations”, by making the following amendments to Day-care center (by identifying text which is deleted as strikethrough and text added as underlined) as follows: Permitted R1-R-VRR5R6B1B2B3B4VCGBPCDCDD1CDD2CDD3I1I2I3I5S Use34 Day-careSPSPSPSPSPSPSPSPSPSPSPSPNSPYSPSPSPSP center YYYYYYYYYYYYNYYYY Child care facility Table continued OSGOD Smart Growth Overlay Permitted RMUZMUZBOZ Use Day-care YYN center Y Child care facility or take any action relative thereto. Planning Board Planning Board Recommendation: Favorable Action Select Board Recommendation: Favorable Action Vote Required:Two thirds (2/3) Vote UNANIMOUS vote the 2023 Annual Town Meeting Dissolved upon motion of Chair of the Select Board, Janice M. Phillips at 9:45 PM with all articles voted. Vote Required:Majority Vote Respectfully submitted, Carla Dawne Warren, TownClerk 134