HomeMy WebLinkAbout2026-05-12 Town Meeting Minutes Minutes TOWN OF NORTH ANDOVER
MASSACHUSETTS
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2026
ANNUAL TOWN MEETING MINUTES
Town Moderator Mark S. DiSalvo called the 2026 Annual Town Meeting to order at 6:31 p.m. in
the auditorium at North Andover High School, 430 Osgood Street, on Tuesday, May 12, 2026.
Wi-Fi, closed captioning, assisted hearing devices, and remote question opportunities were made
available to attendees and observers of the meeting.
Voter check-in occurred at the High School. Checklists were used in electronic form, utilizing
PollPad computing devices. Seven hundred seventy-three voters (773) were admitted to the
meeting and were entitled to vote. Twenty-nine (29) non-voters were also admitted and directed
to designated non-voter areas.
DiSalvo welcomed attendees as fellow citizens and neighbors and noted that North Andover,
first established in 1646, has long maintained its tradition of local self-governance through Town
Meeting. He asked attendees to silence their electronic devices and then placed the 2026 Annual
Town Meeting in the broader civic and historical context of Massachusetts Town Meetings as a
foundation for American liberty.
The Moderator reflected that Massachusetts Town Meetings were a primary school of liberty and
a practical mechanism for building the political consensus that ultimately led to the Declaration
of Independence. He explained that when the British banned Town Meetings in 1774 through the
Intolerable Acts, Massachusetts communities understood the ban as a direct assault on liberty. In
response, towns barred their doors against British soldiers and continued to meet, deliberating as
neighbors until a common will could be reached.
The Moderator further described North Andover's documented role in the movement toward
independence. On June 12, 1776, the inhabitants of the Town met to determine whether, if the
Second Continental Congress should declare the colonies independent, they would"solemnly
engage with their lives and fortunes to support them in the measure." The Andover Resolve was
adopted unanimously in the affirmative. DiSalvo explained that such local mandates gave John
Adams, Samuel Adams, John Hancock, and the Massachusetts delegation the consent of the
governed and the legal and moral authority to support independence in Philadelphia.
In recognizing the approaching 250th anniversary of American independence, the Moderator told
those assembled that Town Meetings across Massachusetts were, in effect, the ghostwriters of
the Declaration of Independence. He reminded voters that although the business before the 2026
Annual Town Meeting was less epochal than revolution, the decisions made would have
consequences for generations. He asked those present to leave cynicism and bad faith behind, to
address matters of public policy, programs, and projects rather than people, and to participate
respectfully in local deliberative democracy.
The Moderator broke from his usual practice of inviting one individual to lead the Pledge of
Allegiance and instead invited all voters willing and able to stand together as neighbors. The
Pledge of Allegiance was recited, with particular attention called to the words "with liberty and
justice for all."
The Moderator noted the location of emergency exits and reviewed procedural and accessibility
information. He recognized citizen advocates and assistant moderators available to assist voters,
acknowledged volunteers monitoring remote questions, and thanked those providing meeting
support. The Moderator also stated that he had sworn an affidavit that he had no conflicts on the
matters before the meeting, had not advocated a public position on any article, would perform his
duties fairly and impartially, and would continue his practice of voting only to make or break a
tie.
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 to allow the Moderator not to read
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articles of the warrant verbatim, but to refer to articles by number and subject matter; and further
that any motion or amendment need not be read but may be voted upon as shown, published, or
otherwise provided, in print or on the screen, to the voters in attendance. The motion was made
by Janice Phillips, Chair of the Select Board, and 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 2025 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 to adopt Article 2 as printed in the
warrant and displayed on the screen, 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 adopt
Article 3 as printed in the warrant and displayed on the screen 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 Select 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 adopt Article 4 as
printed in the warrant and displayed on the screen 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 Select Board deems in the best interest of the Town, or to take any other action
relative thereto.
Articles 6, 131 15, and 16 were acted upon under a unanimous consent agenda motion.
Article 6: Set Salaries and Compensation of Elected Officials. UNANIMOUS VOTE to
adopt Article 6 as printed in the warrant and displayed on the screen to fix the salary and
compensation of the elected officers of the Town, as provided by Massachusetts General Laws
Chapter 41, §10 8 as follows,
Select Board/Licensing Commissioners, per person, per annum $500
Chairman of Select Board, per annum, in addition $500
School Committee, per person, per annum $51000
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 13: Revolving Fund Spending Limits. UNANIMOUS VOTE to adopt Article 13 as
printed in the warrant and displayed on the screen to authorize the following expenditure limits for
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revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44,
§53EV2for the fiscal year beginning July 1, 2026, or take any other action related thereto:
Expenditure
Revolving Account Limit
Wheelabrator- Planning $ 351000
Wheelabrator- Public Safety $ 351000
Health Department- Food Inspections $ 351000
Health Department- Septic Inspections $ 351000
Health Department- Revolving $ 351000
Field Maintenance $ 500
Youth and Recreation Services Revolving $ 56500
Elder Services - COA Revolving $ 259000
Fire Department $ 201000
Tax Title Revolving $ 1101000
Stevens Estate Revolving $ 2001000
Town-Wide Vehicle Replacement $ 15500
Building Inspections - Multi Family Fees $ 15000
E/V Charging Stations $ 51000
Stormwater Bylaw $ 501000
Article 15: Appropriation—Water Enterprise Fund for Fiscal Year 2027. UNANIMOUS
VOTE to adopt Article 15 as printed in the warrant and displayed on the screen to appropriate
the amount of$6,615,894 in aggregate, for the purpose listed under column "FY27
Recommended" for the Fiscal Year beginning July 1, 2026 and ending June 30, 2027; without
regards to individual line items, and to operate the Water Enterprise Fund, that $6,615,894 be
raised from Water receipts and from these receipts $1,268,282 be transferred to the General Fund
for indirect costs,
FY27
WATER ENTERPRISE RECOMMENDED
Personnel 1,592,954
Expense 312361725
Debt Service 517,933
Admin/indirect L268,282
Total Water Enterprise Expenses 6,615,894
or to take any other action relative thereto.
Article 16: Appropriation — Sewer Enterprise Fund for Fiscal Year 2027. UNANIMOUS
VOTE to adopt Article 16 as printed in the warrant and displayed on the screen to appropriate the
amount of $5,430,403 in aggregate, for the purpose listed under the column "FY27
Recommended" for the Fiscal Year beginning July 1, 2026 and ending June 30, 2027; without
regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,430,403 be
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raised from sewer receipts and from these receipts $665,774 be transferred to the General Fund for
indirect expenses,
FY27
SEWER ENTERPRISE RECOMNWNDED
Personnel 618,200
Expense 7411150
Debt Service 1941799
GLSD Assessment 3,210,480
Admin/indirect 6651774
Total Sewer Enterprise 514301403
or to take any other action relative thereto.
Articles 17, 19, and 20 were acted upon under a unanimous consent agenda motion.
Article 17: Transfer of$75,000 to OPEB Trust. UNANIMOUS VOTE to adopt Article 17 as
printed in the warrant and displayed on the screen to transfer $75,000 in Free Cash to the OPEB
Trust fund, or take any other action relative thereto.
Article 19: Transfer to Stabilization. UNANIMOUS VOTE to adopt Article 19 as printed in
the warrant and displayed on the screen to transfer $202,146 from available funds or Free Cash
into the Stabilization Fund, or to take any other action relative thereto.
Article 20: Transfer to Capital Stabilization. UNANIMOUS VOTE to adopt Article 20 as
printed in the warrant and displayed on the screen to transfer $350,000 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. UNANIMOUS VOTE TO TAKE
NO ACTION on Article 5 to authorize payment of unpaid bills from prior years using
appropriations of the current fiscal year, or to take any other action relative thereto.
Article 14: Appropriation— General Fund for Fiscal Year 2027. SUPERMAJORITY
VOTE AS DECLARED BY THE MODERATOR to raise and appropriate, transfer from
available funds or otherwise provide a sum or sums of money for the purpose of funding the
General Fund for the Fiscal Year beginning July 1, 2026 and ending June 30, 2027,
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FY27
EXPENDITURES Recommended
Education
North Andover Public Schools 72,29400
Greater Lawrence Technical School 96000
Essex North Shore-Agricultural&Technical School 5501000
Total Education 7318041000
General Government 3,7541313
Public Safety 1519641733
Public Works 617341195
Health&Human Services 115931627
Culture&Recreation 1114731401
Support Services 51195,723
Total Town Departments 34,7151992
Debt Service 4,4021145
Employee Benefits 2714161886
Liability Insurance 6671000
Finance Committee Reserve 115001000
Total Non-Departmental 33,986,031
TOTAL EXPENDITURES 142,506X3
or to take any other action relative thereto.
Article 7: Appropriation—Capital Improvement Plan for Fiscal Year 2027.
SUPERMAJORITY VOTE AS DECLARED BY THE MODERATOR to raise and
appropriate, transfer from available funds, or otherwise provide a sum or sums of money in the
aggregate amount of$10,725,509 to fund the capital projects identified in Article 7 as printed in
the warrant and displayed on the screen in the amounts designated for each project and to pay all
the costs incidental and related to each such project:
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Line# Request Department Amount Proposed Funding
1 Franklin Modular Classroom Move and Install Education $ L3001000 Capital Stabilization
2 Field maintenance plan Town Manager $ 2501000 Free Cash
3 Cyr Recycling Center Upgrades DPW Streets And Sidewalks $ 501000 Free Cash
4 Sidewalks Reconstruction DPW Streets And Sidewalks $ 2501000 Free Cash
5 Culvert and Drainage DPW Streets And Sidewalks $ 3501000 Free Cash
6 Roadway Improvements DPW Streets And Sidewalks $ 5901000 Free Cash
7 Town Hall Parking Lot DPW Streets And Sidewalks $ 60M00 Free Cash
8 Playground Improvements(Townwide) DPW Structures And Grounds $ 1001000 Free Cash
9 Masonry/Foundation Study and Repair Education $ 1251000 Free Cash
10 Atkinson Gymnasium Ceiling and Acoustics Education $ 1251000 Free Cash
11 Flooring Facilities $ 901000 Free Cash
12 Districtwide exterior maintenance program Facilities $ 2501000 Free Cash
13 Additional Auxiliary Cold Storage Facility DPW Structures And Grounds $ 4501000 Free Cash
14 Server Upgrades/Replacements Information Technology $ 100,000 Free Cash
15 Dispatch Radio Console Replacement Police $ 322M00 Free Cash
16 Specialty vehicle replacement Police $ 2051000 Free Cash
17 Body Cameras Police $ 20000 Free Cash
18 Radio equipment and infrastructure Fire $ 1161365 Free Cash
19 Technology/Security and Communication Upgrades Education $ 2751000 Free Cash
20 Small Bus for Special Education Programs Education $ 901000 Free Cash
21 3/4 Ton Pickup Truck with Plow Education $ 759000 Free Cash
22 Bucket Truck DPW Fleet Maintenance $ 200M00 Free Cash
23 New Department Mini-Bus Youth and Recreation Services $ 611344 Free Cash
24 14 passenger ADA accessible van Elder Services $ 1401759 Free Cash
25 Roadway Improvements(Chapter 90) DPW Streets And Sidewalks $ 8501000 Chapter 90
26 HVAC Facilities $ 4001000 Tax Levy
27 Building Repairs&Maintenance Facilities $ 4501000 Tax Levy
28 Computer workstation replacements Information Technology $ 755000 Tax Levy
29 Municipal IT Network Improvements Information Technology $ 401000 Tax Levy
30 Chevy Equinox Youth and Recreation Services $ 351041 Tax Levy
Total General Fund $ 796259509
31 Lead Service Line Replacement Water $ 30000 Retained Earnings-Water
32 Water Main Replacement Water $ 500M00 Retained Earnings-Water
33 Improvements to Booster Stations Water $ 3501000 Retained Earnings-Water
Water Billing Software/Meter Upgrades&
34 Replacements Water $ 5001000 Retained Earnings-Water
Total Water Enterprise $ 1,6509000
35 Sewer Pump Station Improvements Sewer $ 4001000 Retained Earnings-Sewer
36 Sewer Collection System Improvements Sewer $ 4001000 Retained Earnings-Sewer
37 Route 114 Sewer Force Main Replacement Sewer $ 6501000 Retained Earnings-Sewer
Total Sewer Enterprise $ 114509000
Total Capital Request $ 1097259509
and to meet this appropriation:
(1) The appropriation identified in item 1 above shall be funded from the Capital Stabilization
Funds in the aggregate amount of$1,300,000;
(2) The appropriations identified in items 2 through 24 above shall be funded with Free Cash
in the aggregate amount of$4,475,468;
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(3) The appropriation identified in item 25 above shall be funded with Chapter 90 state grant
funds in the aggregate amount of$850,000;
(4) The appropriations identified in items 26 through 30 above shall be funded from the
General Fund in the aggregate amount of$1,000,041;
(5) The appropriations identified in items 31 through 35 above shall be funded from Water
Enterprise Fund retained earnings in the aggregate amount of$1,650,000; and
(6) The appropriations identified in items 35 through 37 above shall be funded from Sewer
Enterprise Fund retained earnings in the aggregate amount of$1,450,000;
or to take any other action relative thereto.
Article 8: Capital Improvements-Kittredge School. TWO-THIRDS (2/3) VOTE AS
DECLARED BY THE MODERATOR to appropriate, borrow or transfer from available funds,
$79,800,000.00 to be expended under the direction of the Kittredge Elementary School Building
Committee for the purpose of paying costs of designing, constructing, and equipping a new
construction project at the Kittredge Elementary School located at 601 Main Street, North
Andover, Massachusetts, including the payment of all costs incidental or related thereto (the
"Project"), which school facility shall have an anticipated useful life as an educational facility for
the instruction of school children of at least 50 years, and for which the Town may be eligible for
a school construction grant from the Massachusetts School Building Authority ("MSBA"); to
determine whether this appropriation shall be raised by borrowing or otherwise; to determine
whether the Town acknowledges that the MSBA's grant program is a non-entitlement,
discretionary program based on need, as determined by the MSBA, and any project costs the Town
incurs in excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the Town and that any grant that the Town may receive from the MSBA for the
Project shall not exceed the lesser of(1)Fifty-five and seventy-seven hundredths percent(55.77%)
of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant
amount determined by the MSBA; to determine whether the amount of any borrowing authorized
by this vote shall be reduced by any grant amount set forth in and received pursuant to the Proj ect
Funding Agreement executed between the Town and the MSBA; or to take any other action
relative thereto.
Article 9: Capital Improvements — Fire Station 3. TWO-THIRDS (2/3) VOTE AS
DECLARED BY THE MODERATOR to authorize the Treasurer, with the approval of the
Select Board, to borrow $7,500,000 for the purpose of building a 3rd Fire Station under General
Laws Chapter 44, Section 7, 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.
Article 10: Capital Improvements—Fueling Station. UNANIMOUS VOTE to authorize the
Treasurer, with the approval of the Select Board, to borrow $2,000,000 for the purpose of
building a fueling station at the Department of Public Works under General Laws Chapter 44,
Section 7, 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.
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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.
Article 11: Capital Improvements — Water Treatment Plant. UNANIMOUS VOTE to
authorize the Treasurer, with the approval of the Select Board, to borrow $2,600,000 for the
purpose of Improvements to the Water Treatment Plant under General Laws Chapter 44, Section
7, 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.
Article 12: Report of the Community Preservation Committee — Appropriation from
Community Preservation Fund. UNANIMOUS VOTE 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, $2,990,525.00 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. NAHS Field Infrastructure $3501000
2. Gallagher Field Renovation $5751000
3. Franklin School Playground Renovation $ 801000
4. Berry Street Field Vehicle Access and Parking $299,525
5. 0 Great Pond Road Municipal Purchase $56000
6. Historic Preservation Project Reserve $28800
7. Affordable Housing Trust Allocation $28800
8. FY27 Administrative Expenses $ 5000
9. Barker Farm Municipal Purchase $5001000
TOTAL FOR ALL PROJECTS $299909525
Article 18: Snow and Ice—FY26 General Fund Budget Adjustment. UNANIMOUS VOTE
TO TAKE NO ACTION on Article 18 to transfer an amount of free cash not to exceed
$2,000,000 to the FY26 General Fund budget in order to fund costs for snow and ice, or take any
other action relative thereto.
Article 21: Amend District Agreement with Greater Lawrence Regional Vocational
Technical High School to Permit Hangar Lease. UNANIMOUS VOTE to approve an
amendment to the District Agreement of the Greater Lawrence Regional Vocational Technical
High School District, so as to permit the District to enter into leases of land incidental and related
to the District's purchase of the West Side Hangar, so-called, at the Lawrence Airport in
furtherance of the District's programs, as permitted by c. 330, §4 of the Acts of 1960, as
amended, or take any action relative thereto.
Article 22: Accept Massachusetts General Laws Chapter 200A, 9 a . UNANIMOUS
VOTE to accept the provisions of MGL c.200A, §9(a) which will allow the town to take over
abandoned bonds and funds, or take any action relative thereto.
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Article 23: Transfer of Land to North Andover Historical Society. WITHDRAWN
Article 24: AMEND ZONING BYLAW—ARTICLE 8,SUPPLEMENTARY REGULATIONS
PART 14 AND CH. 195 ATTACHMENT 2,TABLE 1 -SUMMARY OF USE REGULATIONS,
UNANIMOUS VOTE to adopt Article 24 as printed in the warrant and displayed on the screen
to amend the following Sections as follows (by identifying text which is deleted as strikethrough
and text added as underlined):
ARTICLE 8 SUPPLEMENTARY REGULATIONS
PART 14 ACCESSORY DWELLING UNIT(ADU)
§195-8.110 DEFINITIONS
As used in this Article 8 Part 14, the following terms shall have the meanings indicated:
Pre-Existing Nonconforming Structure
A structure that does not conform to zoning.
§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. Nonconformance
a. A Protected Use ADU shall be permitted on a Lot with a Pre-Existing
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Nonconforming Structure so long as the Protected Use ADU can be developed in
conformance with the Building Code, 760 CMR 71.00, and state law.
b. A finding under M.G.L. c 40A §6, that the extension or alteration of the Pre-
Existing Nonconforming Structure or use is not substantially more detrimental
than the existing nonconforming use to the neighborhood, shall be made b. the
Zoning Board of Appeals in an as-of-right process.
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c. The Building Inspector may issue a building permit authorizing the installation
and use of Protected Use ADU on a Lot with a Pre-Existing Nonconforming
Structure in a Single-family Residential Zoning District when the requirements
195-8.11 LEI § 195-8.112 (with the exception of E), §195-8.113 (with the
exception of B), 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.
§195-8.112 GENERAL REQUIREMENTS
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
(with the exception of minimum lot size requirements) for which the ADU is proposed to
be constructed in shall be permitted as a by-right accessory use with no Special Permit
requirements, subject to the to the requirements of§ 19 5-8.112 and § 19 5-8.113.
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.
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I. The ADU shall not be used for boarding, lodging or other commercial use (exclusive of
the rental of the ADU for a residential 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 V2 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.
B. All ADUs are subject to the zoning bylaw Attachment 3 - Table 2: Summary of
Dimensional Requirements for the Zoning District(with the exception of minimum lot
size requirements) 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 or
detached ADU, all stairways leading to a direct entrance 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 Principal Dwelling, 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.
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 deleted by
strikethrough and text that is added as underlined).
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Permitted R1- R- VR R-5 R-6 131 B2 B3 B4 VC GB PCD CDD1 CDD2 CDD3 I1 I2 I3 IS**
Use R3 4
One Y Y Y Y Y Y N N N N N VN N N N N N N N
family
dwelling
OSGOD Smart Growth
Overlay
Permitted Use RMUZ MUZ BOZ
One Family VN Y—N YN
Dwelling
Permitted R1- R- VR R-5 R-6 131 B2 B3 B4 VC GB PCD CDD1 CDD2 CDD3 I1 I2 I3 IS**
Use R3 4
Accessory Y* Y* Y* Y* Y* Y* N N N N N N N N N N N N N
Dwelling
Unit
OSGOD Smart Growth
Overlay
Permitted Use RMUZ MUZ BOZ
Accessory N N N
DwellingUnit
*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 25: AMEND ZONING BYLAW—ARTICLE 8,SUPPLEMENTARY REGULATIONS
PART 3 SITE PLAN REVIEW,UNANIMOUS VOTE to adopt Article 25 as printed in the warrant
and displayed on the screen to amend the following Sections as follows (by identifying text
which is deleted as strikethrough and text added as underlined):
ARTICLE 8 SUPPLEMENTARY REGULATIONS
PART 3 SITE PLAN REVIEW
§ 195-8.10. Purpose.
A. The purpose of this Part 3 is to protect the health, safety, convenience and general welfare
of the inhabitants of the Town by providing for a review of plans for uses and structures
which may have significant impacts, both within the site and in relation to adjacent
properties and streets, on pedestrian and vehicular traffic. This review considers the
impact on public services and infrastructure; environmental, unique and 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
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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 MGL c.
40A, § 3, which will be considered as a limited site plan review. (See §§ 195-8.4-917.1
through 195-8.2-617.8). [Amended 5-16-2023ATM by Art. 341
C. For projects to be considered for limited site plan review under the Dover Amendment
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(MGL c. 40A, § 3)the applicant must submit a request to the Building Commissioner for
a 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 solelyb the Building Commissioner. [Added 5-16-2023ATM b Art. 341
Y g Y
D. Sites and developments to which this Part 3 applies shall comply with the regulations of
this Part 3 as well as those other applicable Town bylaws, or the requirements of the
Commonwealth of Massachusetts,prior to any construction being undertaken in the Town
of North Andover.
§ 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 §§ 195-8.4-917.1 through 195-8.2-617.8. With
regard to Dover uses, the provisions of this section(s) shall govern and any other
regulations adopted by the Planning Board for site plan review under Article 8, Part 3 of
the North Andover Zoning Bylaw are not applicable. [Added 5-16-2023ATM by Art.
342
§ 195-8.17.1. Limited site plan review for religious uses, educational uses, child-care
facilities, detached accessory dwelling units and accessory dwelling unit on same lot as
two-family or multi-family principal dwelling, and a protected use ADU proposed on a
lot with a pre-existing nonconforming structure. [Added 5-16-2023 ATM by Art. 34;
amended 5-13-2025ATM by Art. 231
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The purpose of this section is to ensure that all religious and education uses, child-care
facilities, detached accessory dwelling units, an accessory dwelling unit on the same lot as
a two-family or multi-family dwelling, and a protected use ADU proposed on a lot with a pre-
existing nonconforming structure 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,a protected use ADU proposed on a lot with a pre-existing
nonconforming structure 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.
§ 195-8.17.3. For religious uses, educational uses, detached accessory dwelling units,
accessory dwelling unit on same lot as two-family or multi-family dwelling,protected use
ADU proposed on a lot with a pre-existing nonconforming structure, and child-care
facilities. [Added 5-16-2023 ATM by Art. 34; amended 5-13-2025ATM by Art. 231
A. Where a special permit or other approval is required, including but not limited to: i) a
watershed special permit; ii) review required for a district established pursuant to MGL
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 MGL
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 § 195-8.17.1.
B. Limited site plan review approval 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, a protected use ADU proposed on a lot with a pre-existing nonconforming
structure, 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, or take any other action relative thereto.
Article 26: Citizen Petition to Ban SGARs and FGARS in North Andover, MA
SUPERMAJORITY VOTE AS DECLARED BY THE MODERATOR to adopt Article 26
as printed in the warrant and displayed on the screen to authorize the Select Board to petition the
General Court for special legislation substantially in the form below: That notwithstanding
chapter 132B of the general laws or any other general or special law to the contrary, the Town of
North Andover may by ordinance prohibit the application of second and first -generation
anticoagulant rodenticides within the Town of North Andover, including application of such
pesticides by licensed commercial applicators as defined in 333 C.M.R. 10.00. except as allowed
by the Board of Health to remediate a public health condition; this act shall take effect upon its
passage.
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Article 27: Citizen Petition- Bylaw Petition For Regulation Of Rodenticides On Town
Land in North Andover. SUPERMAJORITY VOTE to adopt Article 27 as printed in the
warrant and displayed on the screen.
Section 1: Applicability
This by-law applies to all Town public and municipal property, including buildings, grounds,
parks, open spaces, and the public right of way, and shall be adhered to by all employees of the
Town of North Andover, as well as third-party vendors and contractors providing services at
Town-owned property.
Section 2: Definitions
A. Rodenticides—A subclass of pesticides, defined under the Massachusetts Pesticide Control
Act, General Laws Chapter 132B, as substances or mixtures of substances intended to prevent,
destroy, repel, or mitigate rodents that are declared to be pests by the Massachusetts pesticide
board. B. SGAR—Acronym of Second-Generation Anticoagulant Rodenticides, rodenticides
developed to control rodents that are resistant to First-Generation Anticoagulant Rodenticides
and contain compounds that interfere with blood clotting and cause death from excess bleeding
while also remaining in animal tissues for an extended period of time. These products currently
include, but are not limited to, those products containing brodifacoum, bromadiolone,
difenacoum, or difethialone. C. FGAR—Acronym of First-Generation Anticoagulant
Rodenticides, rodenticides developed to control rodents prior to the development of Second-
Generation Anticoagulant Rodenticides and contain compounds that interfere with blood clotting
and cause death from excess bleeding while also remaining in animal tissues for an extended
period of time. These products currently include, but are not limited to, those products containing
diphacinone, chlorophacinone, or warfarin
Section 3: Use of FGARS and SGARS
The use of FGARs and SGARs on Town-owned properties is hereby prohibited as of the
effective date of this by-law.
Section 4: Emergency Waivers
Emergency waivers for the use of FGARs and SGARs on Town public and municipal property
may be obtained from the Board of Health or its designee. Emergency waivers shall be restricted
in time and location to 30 days (with a 14-day extension if the BOH deems it necessary) and
shall only be granted after a well-documented request detailing a significant rodent infestation of
public health consequence that has already exhausted all viable less-toxic integrated pest and
rodent management practices. Any waivers granted under this section shall be published on the
Town's website.
W.
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Before proceeding to dissolution, the Moderator thanked the Town Clerk, the Town Clerk's staff,
the volunteer tellers, the Town Information Technology Director,North Andover Community
Access staff, the head teller, the logistics coordinator, and the many others who assisted with the
conduct of the meeting. He observed that the very act of conducting Town Meeting was a fitting
way to begin the Town's 3 80th year as a community and thanked those present for respectful
debate, civility, and their contribution to the Town.
There being no further business to come before the meeting, upon the motion of the Chair of the
Select Board, Janice Phillips, it was moved to dissolve the 2026 Annual Town Meeting. The
motion was made and seconded. UNANIMOUS VOTE to dissolve the 2026 Annual Town
Meeting. The meeting adjourned at 9:36 p.m.
Respectfully submitted,
Lwa-A.- X-e., coa��L��
Carla Dawne Warren, Town Clerk
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