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HomeMy WebLinkAboutAnnual Town Meeting Minutes May 13 2025 M AY 13,2025, A NNUAL T OWN M EETING M INUTES Town Moderator Mark S. DiSalvo called the 2025 Annual Town Meeting to order at 6:30 p.m. in the Crozier Field Houseat North Andover High School, 430 Osgood Street, on Tuesday, May 13, 2025. Wi-Fi and closed captioning were also made available to attendees of the meeting. Voter check-in occurred in the main corridor of the High School. Checklists were used in electronic form, utilizing PollPad computing devices. One thousand two hundred and sixty-two voters (1,262) were admitted to the meeting. DiSalvowelcomed attendees, reminding them that North Andover, incorporated in 1646, has maintained379 years of self-governance through Town Meeting. He provided a reflectionon the historical roots of Town Meeting, linking the gathering to the colonial town meetings of 250 years ago which instilled values of democracy and self-governance. He then emphasized how such meetings were central in fostering the American spirit of independence that led to the Revolutionary War. The Moderator described how 329 minutemen from North Andover gathered at the North Parish Meeting House and marched into the Battles of Lexington and Concord in pursuit of retreating British soldiers. He noted that two months later, June 17, 1775, at Bunker Hill, five men from North Andover were killed — including two Black men (one emancipated, one enslaved). The meeting honored Samuel Bailey, William Haggett, Joseph Chandler, Phillip Abbott, and Salem Poor with a moment of silence. The Pledge of Allegiance was led by Bob Allegretto, a North Andover resident and colonial reenactor, dressed and armed as militia commonly known as Minutemen, to lead the pledge. DiSalvo asked attendees to pay special attention to the closing words: “with liberty and justice for all.” 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 Brian Roache, Chair of the Select Board, and the motion was seconded. Articles 1 – 4 were acted upon under a unanimous consent agenda motion. Article 1: Reports of Receipts and Expenditures.UNANIMOUS VOTE to accept the reports of receipts and expenditures as presented by the Select Board in the 2024 Annual Town Report, or to take any other action relative thereto. 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. 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. 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. Articles 6, 10, 12, and 13 were acted upon under a unanimous consent agenda motion. Article 6: 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 $250 or to take any other action relative thereto. Article 10: Revolving Fund Spending Limits.UNANIMOUS VOTE to authorize the following expenditure limits for revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2025, or take any other action related thereto: Expenditure Limit Revolving Account Wheelabrator - Planning$ 35,000 Wheelabrator - Public Safety$ 35,000 Health Department - Food Inspections$ 35,000 Health Department - Septic Inspections$ 35,000 Health Department - Revolving$ 35,000 Field Maintenance$ 5,000 Youth and Recreation Services Revolving$ 565,000 Elder Services - COA Revolving$ 25,000 School Curriculum$ 100,000 Fire Department$ 20,000 Tax Title Revolving$ 100,000 Stevens Estate Revolving$ 200,000 Town-Wide Vehicle Replacement$ 75,000 Building Inspections - Multi Family Fees$ 150,000 E/V Charging Stations$ 5,000 Stormwater Bylaw$ 50,000 or to take any other action relative thereto Article 12: Appropriation – Water Enterprise Fund for Fiscal Year 2026. UNANIMOUS VOTE to appropriate the amount of $6,401,525 in aggregate, for the purpose listed under column "FY26 Recommended" for the Fiscal Year beginning July 1, 2025 and ending June 30, 1 2026; without regards to individual line items, and to operate the Water Enterprise Fund, that $6,291,525 be raised from Water receipts and from these receipts $1,152,984 be transferred to the General Fund for indirect cost and $110,000 to Capital Projects from Water Enterprise Retained Earnings, FY26 WATER ENTERPRISERECOMMENDED Personnel 1,437,347 Expense 3,176,900 Debt Service 524,294 Transfer To Capital Projects 110,000 Admin/indirect 1,152,984 Total Water Enterprise Expenses 6,401,525 or to take any other action relative thereto. Article 13: Appropriation – Sewer Enterprise Fund for Fiscal Year 2026. UNANIMOUS VOTE to appropriate the amount of $5,298,674 in aggregate, for the purpose listed under the column “FY26 Recommended” for the Fiscal Year beginning July 1, 2025 and ending June 30, 2026; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,248,674 be raised from sewer receipts and from these receipts $605,249 be transferred to the General Fund for indirect expenses and $50,000 to Capital Projects from Sewer Enterprise Retained Earnings, FY26 SEWER ENTERPRISERECOMMENDED Personnel 584,074 Expense 681,000 Debt Service 291,351 GLSD Assessment 3,087,000 Transfer To Capital Projects 50,000 Admin/indirect 605,249 Total Sewer Enterprise 5,298,674 or to take any other action relative thereto. Articles 18, 20, and 21 were acted upon under a unanimous consent agenda motion. Article 18: Transfer of $75,000 to OPEB Trust. UNANIMOUS VOTE to transfer $75,000 in Free Cash to the OPEB Trust fund, or take any other action relative thereto. Article 20: Transfer to Stabilization. UNANIMOUS VOTE to transfer $101,015.00 from available funds or Free Cash into the Stabilization Fund, or to take any other action relative thereto. Article 21: Transfer to Capital Stabilization. UNANIMOUS VOTE to transfer $50,000 from Free Cash into the Capital Stabilization Fund, or to take any other action relative thereto. Article 5: Approve Payment of Prior Years Unpaid Bills.WITHDRAWN 2 Article 11: Appropriation – General Fund for Fiscal Year 2026. MAJORITY VOTE to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2025, and ending June 30, 2026, FY26FY26 EXPENDITURESRecommendedRecommended Education North Andover Public Schools 68,200,000 68,200,000 Greater Lawrence Technical School 960,000 960,000 Essex North Shore - Agricultural & Technical School 550,000 550,000 Total Education 69,710,000 69,710,000 General Government 3,640,903 3,640,903 Public Safety 15,191,771 15,191,771 Public Works 6,558,233 6,558,233 Health & Human Services 1,539,837 1,539,837 Culture & Recreation 1,422,325 1,422,325 Support Services 5,029,914 5,029,914 Salary Reserve 241,820 91,820 Total Town Departments 33,624,803 33,474,803 Debt Service 4,648,500 4,271,692 Employee Benefits 25,266,350 25,793,158 Liability Insurance 576,000 576,000 Finance Committee Reserve 1,500,000 1,500,000 Total Non-Departmental 31,990,850 32,140,850 TOTAL EXPENDITURES 135,325,652 135,325,653 or to take any other action relative thereto. Motion was made by Mark Rogers to amend Article 11, as printed in the warrant and displayed on the screen, by increasing the North Andover Public Schools line item to $69,200,000, bringing the total education line to $70,710,000, and the total expenditures line to $136,325,652. A majority vote passed the motion. The amended motion then passed by Majority Vote. Article 16: North Andover Public Schools – FY25 General Fund Budget Adjustment. SUPERMAJORITY VOTE to transfer an amount from Free Cash to the FY25 General Fund Budget to offset the deficits of the North Andover Public Schools, or take any other action relative thereto. Upon motion made and duly seconded, it was VOTED to approve Article 16 to transfer $2,300,000 from Free Cash to the FY25 General Fund Budget to offset the deficits of the North Andover Public Schools. 3 Article 7: Appropriation – Capital Improvement Plan for Fiscal Year 2026. SUPERMAJORITY VOTE to raise and appropriate, transfer from available funds, or otherwise provide a sum or sums of money in the aggregate amount of $13,054,999 to fund the capital projects identified below in the amounts designated for each project and to pay all the costs incidental and related to such project: Line #RequestDepartmentAmountProposed Funding 1Fields Master Plan ImplementationTown Manager$ 3,200,000Capital Stabilization 2Youth CenterTown Manager$ 400,000Capital Stabilization 3Assessor's Inspectional VehicleAssessors$ 40,000Free Cash 4Assessor Software ReplacementAssessors$ 75,000Free Cash 5Security Cameras at Police HeadquartersPolice$ 170,780Free Cash 6Staff vehicleFire$ 67,995Free Cash 7RadiosFire$ 65,696Free Cash 8Public Address System at High SchoolEducation$ 50,000Free Cash 9Damaged Stormwater Outfall Pipe (HS Field)Education$ 136,350Free Cash 10IT - SchoolEducation$ 200,000Free Cash 11Backup Generators (1) Fixed, (1) RollingEducation$ 70,000Free Cash 12New Textbook AdoptionsEducation$ 225,992Free Cash 13Atkinson DrainageEducation$ 50,000Free Cash 14High School Auditorium Upgrades (Phase 2)Education$ 150,000Free Cash 15Roadway Improvements (Chapter 90)DPW Streets And Sidewalks$ 850,000Chapter 90 State Grant 16Sidewalks ReconstructionDPW Streets And Sidewalks$ 250,000Free Cash 17Culvert and DrainageDPW Streets And Sidewalks$ 475,000Free Cash 18Roadway ImprovementsDPW Streets And Sidewalks$ 590,000Free Cash 19Electric Truck/Hybrid SUVDPW Fleet Maintenance$ 55,000Free Cash 206 Wheel Dump TruckDPW Fleet Maintenance$ 350,000Free Cash 21Playground Improvements (Town-wide)DPW Structures And Grounds$ 75,000Free Cash 22Senior Center Event Room PartitionElder Services$ 51,400Free Cash 23Repaving of Upper Lot and WalkwaysYouth and Recreation Services$ 130,000Free Cash 24New Department Mini-BusYouth and Recreation Services$ 120,786Free Cash 25Library Public Bathrooms Renovation BalanceLibrary$ 146,000Free Cash 26HVAC Facilities$ Raise & Appropriate400,000 27Building Repairs & MaintenanceFacilities$ Raise & Appropriate600,000 28FlooringFacilities$ 150,000Free Cash 29Districtwide exterior maintenance/renovationsFacilities$ 250,000Free Cash 30Atkinson School Roof RefurbishmentFacilities$ 295,000Free Cash 31Facilities equipment and management softwareFacilities$ 140,000Free Cash 32Municipal IT Transfer core services to the cloudInformation Technology$ 190,000Free Cash 33Computer workstation replacementsInformation Technology$ 75,000Free Cash 34Municipal IT Network ImprovementsInformation Technology$ 40,000Free Cash Total General Fund$ 10,134,999 35Water Rate StudyWater$ 50,000Retained Earnings - Water 36Mini ExcavatorWater$ 60,000Retained Earnings - Water 37Lead Service Line ReplacementWater$ 300,000Retained Earnings - Water 38Water Distribution and Water Treatment Plant Water$ 350,000Retained Earnings - Water Evaluation 39Distribution System Improvements and UpgradesWater$ 300,000Retained Earnings - Water 40Improvements to Various Water Booster Water$ 300,000Retained Earnings - Water Stations/Water Storage Tanks Total Water Enterprise$ 1,360,000 41Sewer Rate StudySewer$ 50,000Retained Earnings - Sewer 42Sewer Pump Station ImprovementsSewer$ 500,000Retained Earnings - Sewer 43Sewer Collection System ImprovementsSewer$ 300,000Retained Earnings - Sewer 44Ten Wheel Dump TruckSewer$ 400,000Retained Earnings - Sewer 45RapidView TV Inspection SetupSewer$ 310,000Retained Earnings - Sewer Total Sewer Enterprise$ 1,560,000 Total Capital Request$ 13,054,999 to determine whether to meet this appropriation: 4 (1) The appropriations identified in items 1 and 2 above shall be funded from the Capital Stabilization Funds in the aggregate amount of $3,600,000; (2) The appropriations identified in items 3 through 14, 16 through 25, and 28 through 34 above shall be funded with Free Cash in the aggregate amount of $4,684,999; (3) The appropriation identified in item 15 above shall be funded with Chapter 90 state grant funds in the aggregate amount of $850,000; (4) The appropriations identified in items 26 and 27 above shall be funded from the General Fund in the aggregate amount of $1,000,000; (5) The appropriations identified in items 35 through 40 above shall be funded from Water Enterprise Fund retained earnings in the aggregate amount of $1,360,000; and (6) The appropriations identified in items 41 through 43 above shall be funded from Sewer Enterprise Fund retained earnings in the aggregate amount of $1,560,000; or to take any other action relative thereto. Lynn Langton moved to amend Line Item #1, Fields Master Plan Implementation, by reducing the appropriation from $3,200,000 to $2,700,000. This amendment would have reduced the Total Capital Request from $13,054,999 to $12,554,999, and the General Fund portion from $10,134,999 to $9,634,999. The amendment also proposed to adjust the related footnote to read: (1) The appropriations identified in items 1 and 2 above shall be funded from the Capital Stabilization Funds in the aggregate amount of $3,100,000 (reduced from $3,600,000). Vote: The motion to amend failed. The original motion was passed by a SUPERMAJORITY VOTE to raise and appropriate, transfer from available funds, or otherwise provide a sum or sums of money in the aggregate amount of $13,054,999 to fund the capital projects identified below in the amounts designated for each project and to pay all the costs incidental and related to such projects. Article 9: Report of the Community Preservation Committee – Appropriation from Community Preservation Fund. SUPERMAJORITY VOTE receive the report of the Community Preservation Committee and to vote to raise, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, $2,948,774 to be spent under the direction of the Community Preservation Committee and subject to conditions set in the Community Preservation Committee Report, or to take any other action relative thereto. List of Recommended Projects – Community Preservation Fund 1. Cochichewick Lodge $ 30,000 2. Ridgewood Atkins Gate $ 240,000 3. Second Burial Ground $ 975,000 4. Historical Grant Pilot Program $ 25,000 (application withdrawn) 5. Johnson Cottage Insulation $ 31,322 6. Parson Barnard Insulation $ 23,452 7. Stevens Estate Carriage House $ 450,000 8. HPMP Implementation $ 35,000 9. 470 Johnson Street $1,196,000 (application withdrawn) 10. GWOT Memorial $ 49,000 11. Windrush Farms Signage $ 15,000 5 12. NAHS Tennis Courts $ 750,000 13. AHT - Fountain Drive $ 200,000 14. AHT - Repair Program $ 100,000 15. Administration Fee $ 50,000 Total for Requested Projects $4,169,774 $2,948,774 Article 8: Water Capital Improvements – Debt Authorization. TWO-THIRDS (2/3) VOTE AS DECLARED BY THE MODERATOR to raise, appropriate transfer from available funds or borrow an amount not to exceed authorize the Treasurer, with the approval of the Select Board, to borrow $2,180,000 for the purposes of making Improvements to the Water Treatment Plant and the Demolition of the building located at 400 Great Pond Road or take any other action relative thereto;that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said amount pursuant to under Massachusetts General Laws Chapter 44, Section 7 or 8, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor; and further that any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved hereunder in accordance with G.L. Chapter 44, Section 20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount; or to take any other action relative thereto. and to authorize the Town Manager to enter into any contracts necessary to carry out said projects Article 14: Transfer balance from Special Education Stabilization Fund to FY25 General Fund. UNANIMOUS VOTE to transfer the balance of the Special Education Stabilization Fund to the FY2025 General Fund Budget to offset the deficits of the North Andover Public Schools, or take any action relative thereto. Article 15:Close Special Education Stabilization Fund.MOTION FAILED584 IN THE AFFIRMATIVE AND 348 IN THE NEGATIVE to dissolve the Special Education Stabilization Fund created by 2015 Town Meeting, or take any action relative thereto. Article 17: Transfer of Funds not to exceed $250,000 from free cash to FY2026 General Fund Budget.MAJORITY VOTE AS DECLARED BY THE MODERATOR to transfer an amount of free cash not to exceed $250,000 to the FY26 General Fund budget in order to fund the retroactive payments to the North Andover Fire Department, or take any other action relative thereto. Article 19: Snow and Ice – FY25 General FundBudget Adjustment. WITHDRAWN SUPERMAJORITY VOTE amending the following Sections as follows, Amend Zoning Bylaw, by adding to Article 8 Supplementary Regulations a new Part 14 Accessory Dwelling units (by identifying text added as underlined): A RTICLE 8 S UPPLEMENTARY R EGULATIONS P ART 14 A CCESSORY D WELLING U NIT (ADU) §195-8.109P URPOSE AND I NTENT The intent of permitting ADUs is to: 6 A. Increase the supply of a more affordable and diverse type of housing units that are safe, code compliant, and appropriate for households at a variety of stages in their life cycles, and for multi-generational families; B.Provide older homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave. C.Provide housing units for persons with disabilities; D. Help older homeowners, single parents, young home buyers, and renters seeking a wider range of homes, prices, rents and locations; and E. Comply with M.G.L. c. 40A, § 1A. §195-8.110 DEFINITIONS As used in this Article 8 Part 14, the following terms shall have the meanings indicated: ADU A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the Building Code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the Principal Dwelling or 900 square feet of gross floor area, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a Municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on Short-term Rental as defined in M. G. L.c. 64G, § 1; provided, however, that no Municipality shall unreasonably restrict the creation or rental of an ADU that is not a Short-Term Rental. ADU, ATTACHED An ADU, Attached is a self-contained housing unit added as an addition to a Principal Dwelling that is clearly a subordinate part of the Principal Dwelling and complies with each of the criteria stated in Article 8 Part 14. ADU, DETACHED An ADU, Detached is a self-contained housing unit that is located on the same Lot as the Principal Dwelling and may be incorporated within a garage or carriage house or other accessory structure or as a stand-alone structure that is clearly subordinate to the Principal Dwelling and complies with each of the criteria stated in Article 8 Part 14. ADU, WITHIN An ADU, Within is a self-contained housing unit incorporated within the Principal Dwelling that is clearly a subordinate part of the Principal Dwelling and complies with each of the applicable criteria stated in Article 8 Part 14. BUILDING CODE The Massachusetts state building code, 780 CMR. 7 BUS STATION A location serving as a point of embarkation for any bus operated by a Transit Authority. COMMUTER RAIL STATION Any commuter rail station operated by a Transit Authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service. DESIGN STANDARDS Clear, measurable and objective provisions of Zoning, or general ordinances or bylaws, which are made applicable to the exterior design of, and use of materials for an ADU. DWELLING UNIT A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. FRONT YARD The area of land located between the front building line of the Principal Dwelling, extended to the side property lines, and the street. GROSS FLOOR AREA (GFA) The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU. HISTORIC DISTRICT A district in a Municipality established pursuant to M.G.L. c. 40C or other state law that is characterized by the historic or architectural significance of buildings, structures, and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the Municipality pursuant to M.G.L. c. 40C or other state law. LIMITED SITE PLAN REVIEW A process established by local ordinance or bylaw by which a Municipal board or authority may review and impose terms and conditions on the appearance and layout of a proposed use of land or structures prior to the issuance of a building permit. LOT An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of Zoning. MUNICIPALITY Any city or town subject to the provisions of M.G.L. c. 40A. PRINCIPAL DWELLING A structure, regardless of whether it, or the Lot it is situated on, conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, 8 that contains at least on Dwelling Unit and is, or will be, located on the same Lot as a Protected Use ADU. PROHIBITED REGULATION Zoning or general ordinances or bylaws, or Municipal regulations that are prohibited pursuant to 760 CMR 71.03(2). PROTECTED USE ADU An ADU, Attached or an ADU Detached or ADU, Within that is located, or is proposed to be located, on a Lot in a Single-family Residential Zoning District and is protected by M.G.L. c. 40A, § 3, provided that only one ADU on a Lot may qualify as a Protected Use ADU. An ADU that is nonconforming to Zoning shall still qualify as a Protected Use ADU if it otherwise meets the definition. SHORT-TERM RENTAL Short-term rental as defined in M.G.L. c. 64G, § 1. SINGLE-FAMILY RESIDENTIAL DWELLING A structure on a Lot containing not more than one Dwelling Unit. SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT Any Zoning District where Single-family Residential Dwellings are a permitted or an allowable use, including any Zoning District where Single-family Residential Dwellings are allowed as-of-right or by Special Permit. SPECIAL PERMIT A permit issued by a Municipality’s Special Permit granting authority pursuant to M.G.L. c. 40A § 9. TRANSIT AUTHORITY The Massachusetts Bay Transportation Authority established by M.G.L. c. 161A, § 2 or other local or regional transit authority established pursuant to M.G.L. c. 161B, § 3 or M.G.L., c. 161B, § 14. TRANSIT STATION A Subway Station, Commuter Rail Station, Ferry Terminal, or Bus Station. UNREASONABLE REGULATION Zoning or general ordinances or bylaws, or Municipal regulations that are unreasonable pursuant to 760 CMR 71.03(3). ZONING Ordinances and bylaws, including base, underlying, and overlay zoning, adopted by cities and towns to regulate the use of land, buildings, and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants. ZONING DISTRICT A geographic area within a Municipality which, pursuant to Zoning, is subject to use and structure requirements that are uniform within the area. 9 §195-8.111 APPLICABILITY A. The Building Inspector may issue a building permit authorizing the installation and use of an ADU, Within or ADU, Attached on the same Lot as a Single-family Residential Dwelling in a Single-family Residential Zoning District when the requirements specified in § 195-8.112 and § 195-8.113 are met. B. The Building Inspector may issue a building permit authorizing the installation and use of an ADU, Detached on the same Lot as a Single-family Residential Dwelling in a Single-family Residential Zoning District when the requirements of §195-8.112, § 195- 8.113, and § 195-8.114, are met and the Planning Board has issued a Limited Site Plan Review permit in accordance with § 195-8.17.1 – § 195.8.17.8. C The Building Inspector may issue a building permit authorizing the installation and use of an ADU, on the same Lot as a two-family or multi-family Principal Dwelling in a Single- family Residential Zoning District when the requirements § 195-8.112, §195-8.113, and § 195-8.114 are met and the Planning Board has issued a Limited Site Plan Review permit in accordance with § 195-8.17.1 – § 195.8.17.8. D. An ADU is a permitted use by-right within a Lot containing a Principal Dwelling in a Single-family Residential Zoning District. E. Where an ADU is proposed to extend or alter a legally pre-existing nonconforming structure or Lot in a Single-family Residential Zoning District, the ADU shall require a finding or other Zoning relief as may be needed issued by the Building Inspector and/or Zoning Board of Appeals in accordance with Article 9 and Article 10 of the zoning bylaw and M.G.L. c.40A § 6. §195-8.112G ENERAL R EQUIREMENTS A. The ADU is intended to be an accessory use and the unit shall be a complete, separate housekeeping unit containing both kitchen and bath and otherwise meet the requirements of the ADU definition. B.Where a watershed or other Special Permit, and/or Historic District review, and/or a variance from the zoning bylaw is requested in connection with an application for an ADU, the specific provisions of the zoning bylaw and Town bylaws still apply. C.There shall be no more than one ADU either within, attached, or detached, on any Lot in a Single-family Residential Zoning District. ADUs shall not be eligible for Zoning dimensional variances proposing to increase the number of allowable ADUs on a Lot. D. An ADU located completely within the existing envelope of a Single-family Residential Dwelling shall be permitted as a by-right accessory use with no Special Permit requirement, subject to the requirements of § 195-8.112 and § 195-8.113. E. An ADU proposed to be constructed by adding Gross Floor Area to a Single-family Residential Dwelling that can be accomplished in compliance with all zoning bylaw Attachment 3 - Table 2: Summary of Dimensional Requirements for the Zoning District for which the ADU is proposed to be constructed in shall be permitted as a by-right 10 accessory use with no Special Permit requirements, subject to the to the requirements of § 195-8.112 and § 195-8.113. F. An ADU proposed to be constructed in an existing detached structure accessory to the Principal Dwelling, such as a garage, barn, or carriage house in a Single-family Residential Zoning District shall require the issuance of a Limited Site Plan Review permit by the Planning Board in compliance with the provisions of this Article 8, Part 14 and in accordance with § 195-8.17.1 – 195.8.17.8. G. An ADU proposed to be constructed within a new detached accessory structure on a Lot in a Single-family Residential Zoning District shall require the issuance of a Limited Site Plan Review permit by the Planning Board in compliance with the provisions of this Article 8, Part 14 and in accordance with § 195-8.17.1 – 195.8.17.8. H. An ADU, Within, an ADU, Attached, or an ADU, Detached proposed to be constructed on a Lot containing a two-family or multi-family Principal Dwelling in a Single-family Residential Zoning District shall require the issuance of a Limited Site Plan Review permit by the Planning Board in compliance with the provisions of this Article 8, Part 14 and in accordance with § 195-8.17.1 – 195.8.17.8. I. The ADU shall not be used for boarding, lodging or other commercial use, with the exception of permitted home occupations. J.An ADU and/or the Principal Dwelling to which it is accessory to shall not be used as a Short-Term Rental. K. The ADU must be subordinate in use and size to the Principal Dwelling. L. The ADU shall maintain the architectural character and be compatible with the Design Standards of the Principal Dwelling where possible and practical. M.Once an ADU has been constructed, the ADU shall never be enlarged beyond ½ the gross floor area of the Principal Dwelling or nine hundred (900) square feet of gross floor area, whichever is smaller, as allowed by statute and/or this bylaw. N. To encourage the development of housing units for individuals with disabilities and handicapped individuals and persons with limited mobility, the Building Inspector or the Planning Board may allow reasonable deviation from the stated provisions of this Article 8, Part 14 where necessary to install features that facilitate access and mobility for disabled persons. §195-8.113 USE, DIMENSIONAL, and PHYSICAL REQUIREMENTS A. The construction of any ADU must be in conformity with the State Building Code, Title V and the State Sanitary Code, 527 CMR – MA Fire Prevention Regulations and other local bylaws and regulations, including having a separate entrance sufficient to meet requirements for safe egress. 11 B.All ADUs are subject to the zoning bylaw Attachment 3 - Table 2: Summary of Dimensional Requirements for the Zoning District in which the ADU is proposed to be constructed. C.It is preferred that any new exterior stairs serving a second or third story ADU are not visible from a public way. D.It is preferred, where possible and practical, that in the case of an attached ADU, all stairways to second or third stories be enclosed within the exterior walls of the Principal Dwelling Unit. E.In addition to the parking spaces required in §195-8.4 Off-Street parking requirements for the One-Family Dwelling, a minimum of one additional off-street parking space shall be provided for an ADU. If the ADU is located within 0.5 miles of a Commuter Rail Station or Bus Station, there shall be no off-street parking requirement for the ADU. §195-8.114 SPECIAL REQUIREMENTS FOR DETACHED ADUs and/or ADUs PROPOSED ON A LOT THAT CONTAINS A TWO-FAMILY OR MULTI-FAMILY PRINCIPAL DWELLING A. All Detached ADUs and/or those ADUs which are proposed to be constructed on a Lot that contains a two-family or multi-family Principal Dwelling in a Single-family Residential Zoning District require a Limited Site Plan Review permit to be issued by the Planning Board in accordance with this Article 8 Part 14 and Article 8 Part 3 Sections 195-8.17.1 – 195.8.17.8 of the zoning bylaw and only when the following conditions are met: a. It is preferred that no new curb cuts are created; however, proposed new curb cuts will be reviewed subject to Limited Site Plan Review Article 8 Part 3 Sections 195- 8.17.1 – 195-8.17.8 of the zoning bylaw. b. It is preferred that any structure containing an ADU, Detached are not located in the Front Yard; however, proposed ADUs located in a Front Yard will be reviewed subject to Limited Site Plan Review Article 8 Part 3 Sections 195-8.17.1 – 195- 8.17.8 of the zoning bylaw. c. It is preferred that the electrical utility connection and telecom communications be run through the Principal Dwelling and connected to the ADU, Detached via underground conduit. d. As a condition of a Limited Site Plan Review permit approval for proposed construction of an ADU, Detached, the Planning Board may require the installation of fencing and/or landscaping for the purpose of screening. §195-8.115 OTHER REQUIREMENTS A. No building shall be constructed or changed in use or configuration until the Building Inspector has issued a permit. No ADU shall be occupied until a certificate of occupancy has been issued by the Building Inspector. 12 B. If the use of the structure as an ADU is discontinued, the owner shall notify the Zoning Enforcement Officer of the discontinuance of the facilities. Upon certification by the Zoning Enforcement Officer, said unit shall be removed from the Town’s inventory. §195-8.116 ADMINISTRATION AND ENFORCEMENT A. It shall be the duty of the Zoning Enforcement Officer to administer and enforce the provisions of this bylaw in accordance with Article 8, Part 14 of the zoning bylaw. B.The Building Inspector shall refuse to issue any permit, which would result in a violation of any provision of this Article 8 Part 14 or in a violation of the conditions or terms of any permit, Special Permit, or variance granted. C.If an ADU has been built or is being used in violation of the provisions of this bylaw the Building Inspector may, in addition to other remedies, order the removal of any one or more of the attributes that create a separate Dwelling Unit, such as separate sleeping, cooking, and/or sanitary facilities. §195-8.117 EFFECTIVE DATE AND COMPLIANCE OF EXISTING NON- CONFORMING ADUs Any structure constructed prior to the date of adoption of this Article 8 Part 14, that includes a self-contained accessory housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, which was not legally permitted through the Zoning Board of Appeals as a Family Suite, is illegal and shall be brought into compliance with this Article 8 Part 14 or discontinued. If approval for such work is granted prior to December 31, 2025, and associated construction completed by December 31, 2026, owners shall not be subject to penalties otherwise applicable to correction of non-conforming structures. §195-8.119C ONFLICT WITH O THER B YLAWS The provisions of this bylaw shall be considered supplemental to the existing zoning bylaw. To the extent that a conflict exists between this bylaw and others, the more restrictive bylaw or provisions therein, shall apply. §195-8.120S EVERABILITY If any provision of this bylaw is held invalid by the Attorney General or 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 bylaw shall not affect the validity of the remainder of the Town of North Andover’s zoning bylaw. Amend Zoning Bylaw – Chapter 195, Attachment 2, Table 1 – Summary of Use Regulations, by adding Accessory Dwelling Unit as a permitted use ((by identifying text which is added as underlined). Permitted R1RRVRRBBBBVGB PCCDDCDDCDDIIIIS Use ----1 2 3 4 C D 1 2 3 1 2 3 ** R345 6 Accessory Y* YYY* YYNN N NN N N N NNN N Dwelling * * * * Unit 13 OSGOD Smart Growth Overlay Permitted UseRMUZMUZBOZ Accessory Dwelling Unit *See District Use Regulations in Article 8, Part 14 of this bylaw. ** Except for in accordance with Article 11 Planned Development District and Article 18 Part 2 Subdistrict A: Historic Mill Area. Or take any other action relative thereto. Article 23: Amend Zoning Bylaw, Article 8 Supplementary Regulation Part 3 Site Plan Review, Subsections 195-8.17.1 - 195-8.17.8 SUPERMAJORITY VOTE to read as follows (by identifying text which is deleted as strikethrough and text added as underlined): § 195-8.17.1. Limited site plan review for religious uses, educational uses, and child-care facilities, detached accessory dwelling units and an accessory dwelling unit on the same lot as a two-family or multi-family Principal Dwelling. The purpose of this sectionis to ensure that allreligious and education uses, and all child- care facilities, detached accessory dwelling units, and an accessory dwelling unit on the same lot as a two-family or multi-family dwelling 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, detached accessory dwelling units, an accessory dwelling unit on the same lot as a two-family or multi-family dwelling, or educational uses, but are not permitted to withhold approval of limitedsiteplanreviewwhere there is an inability to satisfy proposed reasonable regulations. A. Informationrequired for limited site plan review; (1) Submittal of a complete "Applicationfor Limited SitePlanReview." (2) Evidence supplied by the applicant of the Building Commissioner's written determination of whether the provisions of MGL c. 40A. § 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, detached accessory dwelling units, an accessory dwelling unit on the same lot as a two-family or multi- family dwelling, 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 14 for the handicapped, minors and the elderly; (3) Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; (4) Physical lighting of the site, especially the adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties, roadways and the night sky; (5) Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage; (6) Adequacy of the methods of disposal of refuse and other wastesresulting from the uses permitted on the site; (7) Adequacy of fire protection measures;and (8) Incorporation of sustainability and resiliencyprinciples into the site designthat result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. C. The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequatelyreview and analyze the contents of any site plan or impact study requested by the Board. § 195-8.17.2. Definitions. ACCESSORY DWELLING UNIT (ADU) —A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal Dwelling or 900 square feet of gross floor area, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including but not limited to additional size restrictions, and restrictions or prohibitions on Short-Term Rental, as defined in Section 1 of Chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an Accessory Dwelling Unit that is not a short-term rental. 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 years, or under 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 14 years of age, or 16 years of age if suchchildren have special needs; or 3) a largefamilychild-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 seven years of age, or children under 16 years of age if such children have special needs, and receives for temporary custody and care for a limited number of hours children of school age under regulations promulgated by the Board, but the number of children under the age of 16 in a large family child-care home shall not exceed 10, provided 15 that: A. In the residential districts, suchactivities shall be permitted only on a lot which, with all its structures, conforms to the requirements of the bylaw, or a lawfully nonconforming lot or structure as to which the area of the lot is not less than 10,000 square feet; B. 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; C. 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. DOVER USES — Proposed use consistent with MGL c. 40A, § 3. 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. 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 MGL, c. 40A § 11. 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. § 195-8.17.3. Special permit fFor religious uses, educational uses, detached accessory dwelling units, an accessory dwelling unit on the same lot as a two-family or multi-family dwelling, and child-care facilities. A. Where a special permit, or other approval is required, including but not limited to a watershed special permit, is required of 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,: (i) a watershed special permit; (ii) review required for a district established pursuant to M.G.L. c. 40C or other state law that is characterized by the historic or architectural significance of buildings, structures and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the Town pursuant to M.G.L. c. 40C or other state law, as the case may be; (iii) a variance from the zoning bylaw;in connection with any action subject to limited site plan review, the specific provisions of the zoning bylaw still apply, subject to the provisions in § 195.8.18. § 195-8.17.1. B.Limitedsite plan review approval for religious uses, educational uses, detached accessory 16 dwelling units, an a ccessory d welling u nit on the same l ot as a two-family or multi-family dwelling, and child-care facilities shall be by the Planning Board. The Planning Board shall file its decision with the Town Clerk within 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. § 195-8.17.4. Filing. The applicant shall be responsible forfiling acopy 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. § 195-8.17.5. Security required. For the purpose of securing the performance of all proposed work, including landscapingand 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. Thecheckwillthen 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. § 195-8.17.6. Term of approval. Limited site plan review approval shall lapse if construction has not commenced within two 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 year. § 195-8.17.7. 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. § 195-8.17.8. 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 take any other action relative thereto. Article 24: Amend Zoning Bylaw – Article 4 Building and Uses Permitted and Article 2 Definitions. TWO-THIRDS (2/3) VOTE AS DECLARED BY THE MODERATOR to amend the Town of North Andover Zoning Bylaw, by amending the following Sections as follows, Amend Zoning Bylaw, Article 4 Building and Uses Permitted Part 2 § 195-4.2 and § 195-4.3 (by identifying text which is added as underlined): PART 2 Residential DistrictPermitted Uses § 195-4.2. Residence 1, Residence 2, and Residence 3Districts. 17 Q. Family suite. A separate dwelling unit within or attached to a dwelling for a member of a household is allowable by special permit, provided: (1) The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit; (2) The premises are inspected annually by the Building Inspector for conformance to this section of the bylaw; (3) The special permit shall be recorded at the North Essex Registry of Deeds. (4) Expiration: The provisions of this Section §195-4.2.Q shall expire on July 1, 2028 § 195-4.3. Residence 4 District. V. Family suite. A separate dwelling unit within or attached to a dwelling for a member of a household is allowable by special permit, provided: (1)The dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parentsand grandparents, or children of the residing owners of the dwelling unit; (2) The premises are inspected annually by the Building Inspector for conformance to this section of the bylaw; (3) The special permit shall be recorded at the NorthEssex Registry of Deeds. (4) Expiration: The provisions of this Section §195-4.3.V shall expire on July 1, 2028 Amend Zoning Bylaw, Article 2 Definitions § 195-2.2 Specific words and phrases (by identifying text which is added as underlined): FAMILY SUITE A separate dwelling unit located within a single-family dwelling or attached to a single-family dwelling subordinate in size to the principal unit and separated from it in a manner which maintains the appearance of the building as a single-family dwelling. The size of the family suite is not to exceed 1,200 square feet or not more than 25% of the gross floor area of the principal unit, whichever is less. The family suite may only be occupied by brothers, sisters, maternal parents and grandparents, in-laws and/or children of the residing owners of the principal Dwelling Unit. In no case shall an apartment be smaller than the minimum required by health and building codes. Expiration: The Family Suite definition shall expire on July 1, 2028 Or take any other action relative thereto. 18 Article 25: Amend North Andover Zoning Bylaw – Article 4, Part 6 Floodplain District. UNANIMOUS VOTE 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 1968 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): PART 6 Floodplain District § 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. A. 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 FloodInsurance Program. The map panels of the Essex County FIRMs that are wholly or partially within the Town of North Andover are panel numbers 25009C0207F, 25009C0209F, 25009C0217F, 25009C0226F, 25009C0227F, 25009C0228F, 25009C0229F, 25009C0233F, 25009C0236F, 25009C0237F, 25009C0238F, 25009C0239F, 25009C0241F, 25009C0242F, 25009C0243F, 25009C0244F, 25009C0377F and 25009C0381F, dated July 19, 2018. The exact boundaries of the district shall be defined by the 1% chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 19, 2018. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Official and Conservation Commission.The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within North Andover designated as Zone A and AE on the Essex County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. 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 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, 19 Building Official, and Conservation Commission. B.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. 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 nonzoning 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, orother floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. § 195-4.31. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the Building Department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways. § 195-4.32. AO and AH Zones drainage requirements. 20 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. § 195-4.32.1. Recreational vehicles. In A1-30, AH, A andAE 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. § 195-4.332.2. 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: A. Adjacent communities, especially upstream and downstream. B.Bordering states, if affected. C.NFIP State Coordinator, Massachusetts Department of Conservation and Recreation. 251 Causeway Street, 8th floor, Boston, MA 02114. D. NFIP Program Specialist, Federal Emergency Management Agency, Region I. 99 High Street, 6th Floor, Boston, MA 02110. § 195-4.342.3. 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 six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to: A. NFIP State Coordinator, Massachusetts Department of Conservation and Recreation. 251 Causeway Street, 8th floor, Boston, MA 02114. B.NFIP Program Specialist, Federal Emergency Management Agency, Region I. 99 High Street, 6th Floor, Boston, MA 02110. § 195-4.352.4. Variances to building code floodplain standards. A. 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. B. The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district. 21 § 195-4.362.4. 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 nonfinancial 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. § 195-4.372.6. Abrogation and greater restriction; 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 part shall take precedence over any less restrictive local laws, bylaws or codes. § 195-4.382.7. Use and development regulations. A. Within Zones A1-A30 A and AE, along watercourses that have a regulatory floodway within the Town of North Andover, on the Essex County FIRMs dated July 19, 2018July 8, 2025, encroachments, are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 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 100-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. 22 (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 five 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. § 195-4.392.8. Permitted uses. The following uses of low flood damage potential and causing no obstruction to flood flows are allowedencouraged, 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 (installed for 180 days or less) 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. § 195-4.4032.9. Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection. § 195-4.4132.10. Severability. If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a 23 court, the remainder of the bylaw shall be effective. § 195-4.4232.11. 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. § 195-4.4332.12. Definitions. 100-YEAR FLOOD — See "base flood." AREA OF SPECIAL FLOOD HAZARD — The land in the floodplain within a community subject to a 1% 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. North Andover only has A & AE Zones. BASE FLOOD — The flood having 1% 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. (44 CFR Part 59) 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 24 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 100-year and 500- year floods and the 100-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. (44 CFR 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 applicableto the community. FLOOD INSURANCE STUDY (FIS) — An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY — The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height. (Base Code, Chapter 2, Section 202) FUNCTIONALLY DEPENDENT USE — A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (44 CFR 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. (44 CFR Part 59). HISTORIC STRUCTURE — 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. (44 CFR 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 25 lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulation 60.3. MANUFACTURED HOME — A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION — A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION — For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the first floodplain management code, bylaw, regulation or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement (Referenced Standard ASCE 24-14) For the purpose of determining insurance rates, "new construction" means structures for which the start of 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. RECREATIONAL VEHICLE — A vehicle which is: A. Built on a single chassis; B.Four hundred 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. (44 CFR 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, V, VO, VE or V1-30. (Base Code, Chapter 2, Section 202). North Andover only has A and AE Zones. 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 26 foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. \[Base Code, Chapter 2, Section 202\] STRUCTURE — For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. (44 CFR 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 floodplain management regulation. (44 CFR Part 59) VIOLATION — The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. (44 CFR Part 59). ZONE A — The 100-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 100-year floodplain where the base flood elevation has been determined. ZONE A99 — Areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined. ZONE AH AND ZONE AO — The 100-year floodplain with flood depths of one foot to three feet. 27 ZONE V — A special flood hazard area along a coast subject to inundation by the 100-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 100-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 flood hazard. Zone X replaces Zones B and C on new and revised 1 maps. Or take any other action relative thereto. Article 26: Amend Zoning Bylaw – By amending Article 20 Historic Barn Overlay District UNANIMOUS VOTE to amend the Town of North Andover Zoning Bylaw, Article 20 Historic Barn Overlay District, in order to include the “North Andover Old Center Historic District 1987” map attached to the Warrant Article as stated in § 195-20.2 Establishment and Boundaries and to make housekeeping edits to § 195-20.9 Information Required as follows (by identifying text which is deleted as strikethrough and text added as underlined): ARTICLE 20 Historic Barn Overlay District § 195-20.2 Establishment and boundaries. The Historic Barn Overlay District shall be bounded as shown on the map entitled "North Andover Old Center Historic District 1987" attached and made part of this Article. The Town of North Andover Zoning Map will be amended upon passage of this Article 20 at Town Meeting as if independently voted upon. § 195-20.9 Information Required. 1) The petitioner shall file three copies of the special permit application form, fee, and an electronic copy,and any additional information as may be required with the Town Clerk. Upon certification of date and time of filing by the Town Clerk’s office, two of the copies shall be filed forthwith by the petitioner with the Planning Department along with the fee and an electronic copy of the application. It is recommended that the application filing is reviewed with the Planning Department for completeness ahead of filing it in the Town Clerk’s office.An application will not be deemed complete until all required information and fees are submitted. 2) Letter of Authorization from property owner. 3) Evidence supplied by the applicant of the Historical Commission’s written opinion that the proposed location complies with the Historic Barn definition (§195-20.4.(1)). 28 4)A narrative describing the proposed use, proposed hours of operation, and any other pertinent information. 5)A sketch plan showing two off-street parking spaces, if parking spaces are proposed. 29 Or take any other action relative thereto. Planning Board Vote Required:Two-thirds (2/3) vote Article 27:Petition the General Court-Amend Charter for the Town of North Andover- Amend Chapter 8-Section 1 – Town Election Date. NO ACTION WAS TAKEN to amend Chapter 8 Section 1 Paragraph 8-1-1 of the Charter for the Town of North Andover to read: The regular election for all town offices shall be by official ballot held on the last Tuesday in MarchApril of each year: or to take any other action relative thereto. Article 28: Transfer to the Special Education Stabilization Fund.NO ACTION WAS TAKEN to raise, appropriate or transfer Seven Hundred Thousand Dollars ($700,000) from available funds or Certified Free Cash to the Special Education Stabilization Fund. UNANIMOUS vote the 2025 Annual Town Meeting Dissolved upon motion of Chair of the Select Board, Brian Roache at 9:47 PM with all articles voted. Vote Required:Majority Vote Respectfully submitted, Carla Dawne Warren, TownClerk 30