HomeMy WebLinkAbout2001-05-14TOM REILLY
ATTORNEY GENERAL
THE COMMONWEALTH OF MASSACHUSET~fe~i¥~-~
OFFICE OF THE ATTORNEY GEN n:r°w~oRTbl
CLERk.
WESTERN MASSACHUSETTS DIVISION
436 DW{GI~ STREET
SPmNOrm~D, mAss^c~usr, l'rs O~ ~_03
(413) 784-1240
September 18, 2001
Joyce A. Bradshaw, Town Clerk
120 Main Street
North Andover, MA 01845
North Andover Annual Town Meeting of May 14, 2001 -- Case # 1687
Warrant Articles # 18, 19, 20, 21, & 22 (General)
Warrant Articles # 27, 29, & 30 (Zoning)
Dear Ms. Bradshaw:
I return the amendments to the town by-laws adopted under Articles 18, 19, 20, 21, 22,
27, and 29 of the ~warrant for the North Andover town meeting that convened on May 14, 2001,
with the approval of this Office.
Article 27 - Article 27 amends the town's zoning by-laws by amending Section 8.8
"Adult Use Zone," Subsection 2. The existing text of Subsection 2 provides as follows:
Adult uses may not be located
A. within five hundred feet (500') of any Residential Zoning Districts or within five hundred
(500') feet of any church, school, park, playfield, or other location where large numbers of
minors regularly congregate ....
According to the materials submitted to us for review Subsection 2 (A), as amended,
would now provides as follows:
Adult uses may not be located:
A. within five hundred feet (500') of the property line of any Residential Zoning District,
church, school, park, playfield, or other location where large numbers of minors wou. M
congregate ....
(Emphasis added.)
We disapprove and delete the above underlined text. [Disapproval # 1 of 2] because it is
vague and confusing as to render it inconsistent with state law and the Constitution. O'Connell
v. Brockton Board of Appeals, 344 Mass. 208, 210-21 (1962) ("A by-law imposing [zoning]
restrictions on the use of property ought not to stand when it is so vague and ambiguous that its
meaning can only be guessed at.")
The above underlined text is void vagueness because one is left to discern at one's peril
the migratory habits of younger populations, which might even be seen as unlawful delegation of
zoning functions to such variable devices. The special permit granting authority and those whose
property and business interests would be governed by this by-law would have much difficulty in
ascertaining whether a particular location within the town falls within the prohibition. By
mandating that no adult entertainment be located less than 1,000 feet from a location that could
change from day to day, hour to hour, is an insufficient guide to those whose property and
business interests would be affected thereby. If there are places that the Town Meeting feels now
have sufficiently established themselves as places of congregation for young people, then it could
- on such finding - specify distance separations therefrom. But distances defined in tenx~s of
where young people may from time to time congregate would appear to violate Section 5 of the
Zoning Act, which requires all zoning designations be undertaken solely in confo~-~nity to the Act
and not otherwise. Of course, in the context ora special permit application, the special permit
granting authority could, inter alia, impose conditions of this sort but upon findings then
applicable. Moreover, no standards or criteria are provided by which anyone is able to determine
the requisite size of the "group" of minors whose congregating triggers a violation of this
section. The special permit granting authority and those whose property and business interests
would be governed by this by-law would have much difficulty in ascertaining whether a
particular location within the town falls within the prohibition. For this reason we disapprove
and delete the above underlined text.
Article 30 - I return the amendments to the town by-laws adopted under Article 30 of the
warrant for the North Andover town meeting that convened on May 14, 2001, with the approval
of this Office, except as provided below.
Article 30 amends the town's zoning by-laws by adding a new Section 8.10 "Lot/Slope
Requirements." Subsection 1 (b) of the proposed by-law amendment provides:
The provisions of this Subsection 8.10 shall not apply to building lots in a definitve subdivision
plan submitted in accordance with M.G.L. Chapter 41 in order to obtain the protections afforded
by M.G.L. Chapter 40A, Section 6. In addition, the provisions of this Subsection 8.10 shall not
apply to building lots in a definitive subdivision ~lan approved prior to the enactment of this
Subsection 8.10. The provisions of this Subsection 8.10 shall not apply to building lots on a plan
subject to M.G.L. Chapter 41, Section 81P approved prior to the first date of publication of
notice of this bylaw.
(Emphasis added.)
The above language is disapproved and deleted [Disapproval # 2 of 21. The basis for the
disapproval is that Subsection 1 (b) is inconsistent with the uniformity provision contained in
G.L.c. 40A, § 4. Section 4 provides, in pertinent part, that "any zoning.., by-law which
divides.., towns into districts shall be uniform within the district for each class or kind of
structures or uses permitted." The uniformity requirement of Section 4 is based on the principles
of equal treatment. A zoning by-law is to be applied uniformly to all property located within a
particular district, and all owners of properties in that district must be subjected to the same
restrictions for the common benefit of all. SCIT, Inc. v. Planning Board of Braintree, 19 Mass.
App. Ct. 101,108 (1984), citing Everpure Ice Mfg. Co. v. Board of Lawrence, 324 Mass. 433, 439
(1949).
We are mindful, however, that there are exceptions to the uniformity provision of Chapter
40A, Section 4. The SCIT case states that the Zoning Act sanctions certain exceptions to the
uniformity provision of Section 4. These exceptions are: Chapter 40A, § 6, relating to existing
structures and uses; and Chapter 40A, 8§ 9 and 10, relating to special permits and variances.
SCIT, 19 Mass. App. Ct. at 108. "These exceptions aside, § 4 does not contemplate, once a district
is established and uses within it authorized as of right, conferral on local zoning boards ora roving
and virtually unlimited power to discriminate as to uses between landowners similarly situated."
Id. at 108. Therefore, in the absence of at least one of the foregoing statutory exceptions, it is not
permissible to single out one lot and impose restrictions upon that lot that are less onerous than
those imposed upon other lots similarly situated. Whitemore v. Building Inspector of Falmouth,
313 Mass. 248, 249 (1943).
The first sentence of Section 1 (b) recognizes the protections accorded to definitive
subdivisions plans under G.L.c. 40A, § 6. Section 6 is a "grandfathering" provision that allows
land shown on subdivision plans that have been submitted to the planning board for approval to
be governed by the zoning by-laws in effect on the date of submission, provided written notice of
such submission has been given to the town clerk before the effective date of the by-law. If such
definitive plan or an amendment thereof is finally approved, the plan will be governed by the
by-law in effect on the date of submission for eight years from the date of the endorsement of
such approval.
The second sentence of Subsection 1 (b) would expand the eight year protection given
under G.L.c. 40A, § 6, and indefinitely exempt lots shown on a definitive subdivision plan
approved prior to the enactment of proposed by-law from the lot and slope requirements of the
proposed by-law. When the eight year protections given under G.L.c. 40A, § 6, expires those
subdivision plans approved prior to the enactment would still be exempt from the provisions of
the proposed by-law. Lots shown on a definitive subdivision plan approved after the enactment
of the proposed by-law would only enjoy those protections given under G.L.c. 40A, § 6, and
once those protections expire, the plans would be subject to the lot and slope requirements of the
proposed by-law. Thus, the second sentence of Subsection 1 (b) will result in non-unifom~
treatment of lots shown on subdivision plans identical in all respects but for the date in which the
subdivision plans showing such lots were approved. The uniformity provision was enacted to
avoid this type of unequal treatment.
The third sentence of Subsection 1 (b) suffers from a similar uniformity problem. The third
sentence of Subsection 1 (b) would indefinitely protect G.L.c. 41, § 81P plans - - also referred to
as "Approval Not Required" or "ANR" Plans - - approved prior to the first date of the publication
of notice of the by-law from the lot and slope requirements of the proposed by-law. Lots shown on
ANR plans approved after the first date of the publication of notice of the by-law would not enjoy
such indefinite protection and are only protected to the extent accorded under
G.L.c. 40A, § 6. Again, the uniformity provision of G.L.c. 40A, § 4, was enacted to avoid this
type of unequal treatment. For these reasons we disapprove and delete the above underlined text.
NOTE: We ask that you forward to us a copy of the final text of the amendments adopted under
Articles 27 and 30 after making the deletions identified in this letter. It will be sufficient to send us
a copy of the by-laws as published pursuant to G.L.c. 40, § 32.
Very lxuly Yours,
THOMAS F. REILLY
ATTORNEY GE~L
~y./Kelli E. Lav~renc)~, Assistant Attorney General
Municipal Law ~
436 Dwight Street
Springfield, MA 01103-1317
(413) 784-1240, x 46
enc.
pc:
Town Counsel
F:\USER$'dtJTCHIE\WP61 \DOC$\TOWNS\NOAlqDOVR~ 1687.wpd
4
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
.'120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E-mail jbmdshaw~,towno fnorthandover.eom
This is to certify that the following vote was taken on Article 18 at the Adjourned
Annual Town Meeting for the Town of North Andover held May, 15, 2001:
Article 18. Amend Town Code - Add Chapter 177 - Water Use
Restriction Bylaw. UNANIMOUSLY VOTED to amend the Code of the Town of
North Andover by adding a new Chapter 177 to be known as "WATER" and add Article
I - "Water Use Restriction" which will become the Town of North Andover Water Use
Restriction Bylaw to read as follows:
CHAFFER 177 WATER USE RESTRICTION BYLAW
17%1. Authority
This Bylaw is adopted by the Town under its police powers to protect public health and
welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seg.
and implements the Town's authority to regulate water use pursuant to Massachusetts
General Law Chapter 41, Section 69B. This bylaw also implements the Town's authority
under Massachusetts General Laws Chapter 40, Section 4lA, conditioned upon a
declaration of water supply emergency issued by the Department of Environmental
Protection.
17%2. Purpose
The purpose of this bylaw is to protect, preserve and maintain public health, safety and
welfare whenever there is in force a State of Water Supply Conservation or State of
Water Supply Emergency by providing for enforcement of any duly imposed restrictions,
requirements, provisions or conditions imposed by the Town or by the Department of
Environmental Protection.
ATTEST:
A True Copy
Town Clerk
17%3. Def'mitions
Person - Shall mean any individual, corporation, trust, partnership or association, or
other entity.
Public Water Supply - Shall mean the North Andover Municipal Water Supply
System withdrawing water from Lake Coehichewick.
State of Water SuDolv Emergency - Shall mean a State of Water Supply Emergency
declared by the Department of Environmental Protection under Massachusetts General
Laws Chapter 21G, Sections 15-17.
State of Water Supply Conservation - Shall mean a State of Water Supply
Conservation declared by the Town pursuant to Section 177-4 of this bylaw.
Water Users or Water Consumers - Shall mean all public and private users of the
Town's public water system, irrespective of any person's responsibility for billing
purposes for Water used at any particular facility/location.
Director - Shall mean the Director of the Division of Public Works for the Town of
North Andover.
177-4.
Declaration of State of Water Supply Conservation
The Town, through the Board of Selectman, may declare a State of Water Supply
Conservation within the Town's Public Water System upon a determination by the
Director that a shortage of water exists and conservation measures are appropriate to
ensure an adequate supply of water to all water consumers. Public notice of a State of
Water Supply Conservation shall be given under Section 177.6 of this bylaw before it
may be enforced.
17%5.
Restricted Water Uses
A declaration of a State of Water Supply Conservation shall include one or more of the
following restrictions, conditions, or requirements limiting the use of water as necessary
to protect the public water supply. The applicable restrictions, conditions or requirements
shall be included in the Public Notice required under Section 177.6.
Outdoor Water Use Hours - Outdoor water use by water users is
permitted only during daily periods of low demand, at night or early
morning.
Odd/Even Day Outdoor Water Use - Outdoor water use by water
users with odd numbered addresses is restricted to odd numbered
days. Outdoor water use by water users with even numbered
addresses is restricted to even number days.
3. Outdoor Water Use Ban - Outdoor water use by water users is
prohibited.
17%6.
Public Notification of State of Water Supply Conservation
Notification of DEP
Notification of any provision, restriction, requirement or condition imposed by the Town
as part of a State of Water Supply Conservation shall be published in a newspaper of
general circulation within the Town, or by such other means reasonably calculated to
reach and inform all users of town water of the State of Water Supply Conservation. Any
restriction imposed under Section 177.5 shall not be effective until such notification is
provided. Notification of the State of Water Supply Conservation shall also be
simultaneously provided to the Massachusetts Department of Environmental Protection.
17%7.
Termination of State of Water Supply Conservation: Notice
A State of Water Supply Conservation may be terminated by a majority vote of the Board
of Selectmen upon a determination that the water supply shortage no longer exists. Public
notification of the tei-minafiou of a State of Water Supply Conservation shall be given in
the same manner required by Section 177.6.
17%8.
State of Water Supply Emergency: Compliance with DEP Orders
Upon notification to the public that the Department of EnvirOmental Protection has
issued a State of Water Supply Emergency, no person shall violate any provision,
restriction, requirement, condition of any order approved or issued by the Department
intended to bring about an end to the State of Water Supply Emergency.
17%9.
Violation and Penalties
Any person violating this bylaw shall be subject to a warning for the first offense and
thereafter shall be liable to the Town in the amount of $50.00 for the second violation,
and $100 for each subsequent violation, which shall inure to the Town for such uses as
the Board of Selectmen may direct. Fines shall be recovered by indictment, or on
complaint before the District Court, or by non-criminal disposition in accordance with
Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For
purposes of non-criminal disposition, the enforcing person(s) shall be any police officer
of the Town of North Andover. Each day of violation shall constitute a separate offense.
177-10. Severabliity
The invalidity of any portion or provision of this bylaw shall not invalidate any other
portion or provision thereof.
VOTED MAY 15, 2001
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bra&haw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E~mmil jbradshaw@towno fnorthandover, com
This is to certify that the following vote was taken on Article 19 .at the Adjourned
Annual Town Meeting for the Town of North Andover held. May 15, 2001:
Article 19. Automatic Lawn Irrigation Bylaw. UNANIMOUSLY
VOTED that the Town amend the Code of North Andover by adding to Chapter 177
"WATER" - ARTICLE II - Sections 177.11 to 177.15 to be known as the Town of
North AndoverAutomafic Lawn Irrigation System Bylaw to read as follows:
CHAPTER 177 -WATER-ARTICLE II
'AUTOMATIC LAWN IRRIGATION SYSTEM BYLAW
177-11. Registration
All automatic lawn irrigation systems connected to the municipal water system of the
Town of North Andover shall be registered with the Division of Public Works (DPW). A
fee may be charged for this registration. The Board of Selectmen shall set registration
fees.
177-12.
Backflow Prevention
The Town of North Andover shall be protected from a backflow condition from all
automatic lawn irrigation systems connected to the municipal water system by the
installation of a backflow prevention device approved by the Division of Public Works.
Each backflow prevention device shall be registered with the Division of Public Works.
All new or existing residential, municipal, commercial and industrial prOperty owners are
required to install.or have in place, a backflow prevention device on their automatic lawn
irrigation system. The installation shall be in compliance with 310 CMR 22.22. These
devices must be installed on the discharge side of the water meter, preferably indoors, but
can be located outside provided they can easily be removed to protect them from damage
by freezing.
ATTEST:
A True Copy
'~ewn
Reduced Pressure Zone and Pressure Vacuum Breaker type devices shall be tested upon
initial installation and thereafter in accordance with 310 CMR 22.22
17%13. Rain Sensors
Installation of new automatic lawn irrigation systems connected to the municipal water
supply in'the Town of North Andover shall be equipped with a rain sensor approved by
the Division of Public Works so that watering will be automatically prevented during or
after a rain storm.
Any upgrade or repair of an existing automatic lawn irrigation system shall include the
installation of an approved rain sensor if the same is not already installed and in good
working' condition.
The Division of Public Works shall maintain a list, available to the Public, of approved
rain sensors.
17%14. Violations and Penalties
Any person violating this bylaw shall be subject to a warning for the' frrst offense and
thereafter shall be liable to the Town in the amount of $50.00 for the second violation,
and $100 for each subsequent violatiOn, which shall inure to the Town for such uses as
the Board of Selectmen may direct. Fines shall be recovered by indictment, or on
complaint before the District Court, or by non-criminal disposition in accordance with
Section 21D of Chapter 40 of the provisiOns of the Massachusetts General Laws. For
purposes of non-criminal disposition, the enfoming person(s) shall be any police officer
of the Town. Each day of violation shall constitute a separate offense.
17%15. Severabilitv
The invalidity of any portion or provision of the Bylaw shall not invalidate any other
portion or provision thereof.
VOTED MAY 15, 2001
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E-mail |bradshaw(&townofnorthandover.com
This is to certify that the following vote on Article 20 was taken at the
Adjourned Annual Town Meeting for the Town of North Andover held May 15,
2001:
VOTED BY CLEAR MAJORITY to adopt Article 20 as printed in the
Warrant with the following amendment:
Add new Section 4 - Amend the first sentence of Section 5A of
Chapter 170 by deleting the phrase''in the town" and replacing with the words
"along or across any public way within the parts of the Town listed in Section 3"
Article 20. Amend Town Code - Chapter 170 - Underground Utilitie~
Bylaw Amendments. VOTED BY CLEAR MAJORITY to amend Chapte~ 170-
Underground Utilities Bylaw as follows:
1. Add the following Definitions to Section 1 of Chapter 170 of Code of the Town of
North Andover:
Alternative Coordination Plan - A plan to coordinate the implementation of the utility
specific plans required by this underground bylaw. In the event that the utilities and the
Town are not able to reach agreement on any aspects of a negotiated project coordination
plan, the Town will use reasonable discretion to establish an alternative coordination
plan. The objective of this alternative coordination plan will be to use a single qualified
general contractor to perform the excavation and civil work necessary for the installation
of all of the underground facilities, including cable facilities, electric facilities, telephone
facilities, and municipal facilities, contemplated by this underground bylaw, as well as a
proposed formula for apportioning the cost of that qualified general contractor. This
alternative project coordination plan will assume that each utility will directly install and
energize its own cable and wire in the conduits and manholes constructed by the qualified
general contractor. In establishing such alternative coordination plan, the Town shall be
ATTEST:
A ~t~ Copy
Town (~erk
guided by the objective of achieving efficient coordination among the utilities, a cost
effective underground project, with the minimum disruption of the public way.
Company Specifications - Detailed specifications provided by the each utility regarding
the number and size of duct banks, the type and quantity of cable or wire, and the number
and precise specifications of manholes and hand holes, the description of and
quantification of the equipment necessary to construct and install customer's service
facilities, and all other specifications regarding all other facilities necessary to replace
overhead service in the area of the coxnm~mity covered by this bylaw, with underground
service, all prepared in sufficient detail to be included in a request for bid for a qualified
general contractor.
Cost Per Linear Foot - When reporting the cost of demolition or const~'ucfion per linear
foot, the cost should be reported per linear foot of the overhead or underground system.
For example the 1,000 feet of overhead or underground facilities that are located on 1,000
feet of one side of a public way would be reported as 1,000 feet of overhead facilities or
underground facilities xemoved or constructed. If a particular utility has two lines or two
conduits on a given set of poles or in a given duct bank, and therefore 2,000 feet of
overhead wire or underground wire in this 1,000 foot span of the public way, the cost per
linear foot must be reported using the 1,000 feet of the public way as the denominator,
and must not be reported using the 2,000 feet of wire as the denominator.
Customer's Service Facilities - The facilities required to connect a customer's building
or structure to the underground service mandated by this bylaw, which customer's service
facilities are more specifically defined in Section 22I of Chapter 166 of the
Massachusetts General Laws;
Direct Cost of Demolition and Construction - The direct cost of construction labor,
construction materials, and construction equipment used to implement the demolition and
construction mandated by this bylaw. This shall include the direct cost of conshuction
labor, construction materials, and construction equipment used to install the customer's
service facilities defined by Section 22I of Massachusetts General Laws Chapter 166.
Direct costs of demolition and construction shall also include the following costs: (A) the
direct cost of completing an "Existing Conditions Plan", to the extent such cost is
incurred at the request of the Town in order to exp .edite the schedule for the underground
project, or incurred directly by the Town in order to expedite said schedule, and then
reimbursed by the utility; (B) interest on any amounts spent for such direct costs in
excess of the two (2%) annual expenditure required by Section 5A of this bylaw, to the
extent such excess expenditure is directly associated with in an effort expedite the actual
construction schedule at the request of the Town. (C) The direct cost of any
communication ducts installed at the request of the Town, which communication ducts
are to be reserved municipal use.
Petition - The petition, timely filed, that is required by section 22D of Massachusetts
General Laws Chapter 166, and Section 5B clause (1) of this bylaw, relating to the
permission to install underground facilities mandated by this by-law. Such petition shall
request permission for the shared use of common duct banks and common trenches by
and among other utilities and the Town, or.include a justification explaining why such
shared use of common duct banks and common trenches is not possible.
Plan for Continuation of its Services, for their Replacement with Underground
Facilities - The plan, timely filed, that is required by section 22D of G.L. Chapter 166,
and Section 5B clause (2) of this bylaw, relating to the removal of that particular ufility's
overhead wires and associated overhead equipment and the construction of a particular
utility's underground equipment to provide service to consumers in the geographic area
covered by this by-law. This utility specific plan that meets the requirements of this
bylaw must include at a minimum the following required components:
1) The company's specifications for the underground project;
2) An estimate of the total direct cost of demolition and. construction of the
project which includes the cost of installing customer's service facilities;
3) An'estimate of the total salvage value of the overhead property to be removed;
4) A statement of the total company revenues received in the community in the
preceding calendar year, and an estimate of the total company revenues to be
received in the community in the current year;
5) An estimate of the total duration of the demolition and construction project
assuming that the company allocates and expends 2% of such annual revenues
(plus the reasonable salvage value of the removed overhead equipment) to the
direct cost of demolition and construction of that company's project;
6) A proposed coordination plan that describes a plan for utilizing a single
qualified general contractor to perform the excavation and civil work
necessary for the installation of all of the underground facilities, including
cable facilities, electric facilities, telephone 'facilities, and municipal facilities,
contemplated by this underground by-law, as well as a proposed formula for
apportioning the cost of that qualified general contractor among the various
users of the underground facilities constructed;
7) A statement that the utility will participate in good faith in a negotiation
conducted by the Town, that includes all of the utilities covered by this bylaw,
in which the Town attempts to develop a negotiated coordination plan that is
acceptable to each utility and to the Town;
8) A statement that the company's plan will be implemented in a fashion that
complies with any alternative coordination plan that may be established by the
Town;
Such plan must be filed no later December 31 of the calendar year prior to the calendar
year in which thc first expenditures for thc direct cost of demolition and construction are
required to made.
Negotiated Project Coordination Plan - The-Town will review the coordination plans
that are included in the cable company plan, electric company plan, and telephone
company plan filed with the Board of Selectmen pursuant to this by law. The Town will
host a project coordination meeting to be attended by representatives of the Town and
each of said utilities, and use reasonable efforts to negotiate project coordination plan that
is acceptable to each of said utilities and the Town. The objective of this negotiated
coordination plan will be to use a single qualified general contractor to perform the
excavation and civil work necessary for the installation of all of the underground
facilities, including cable facilities, electric facilities, telephone facilities, and municipal
facilities, contemplated by this underground by-law, as well as a proposed formula for
apportioning the cost of that qualified general contractor. This negotiated project
coordination plan will assume that each utility will directly install and energize its own
cable and wire in the conduits and manholes constructed by the qualified general
contractor. In negotiating such coordination plan, the Town shall be guided by the
objective of achieving efficient coordination among the utilities, a cost effective project,
with the minimum, disruption of the public way.
Qualified General Contractor - A contractor with extensive experience in desi~cming
and constructing underground utilities in Massachusetts, as evidenced by letters of
recommendation from Massachusetts utilities that have contracted for the services of
such qualified general contractor in the past.
Statement - .Annual statement, timely filed, that is required by section 22D of Chapter
166 of the Massachusetts General Laws, and Section 5B clause 4 of this bylaw. This
annual statement must, at a minimum, include the following information regarding the
removal of overhead facilities and construction of replacement underground facilities,
completed by said utility in the prior calendar year:
a) Linear feet of overhead facilities removed;
b) Street names on which such removal OCCurred;
c) Direct cost of demolition associated with such removal for the
calendar year in question;
d) Direct cost of demolition associated with such removal per linear foot
of overhead facilities removed;
a) Linear feet of underground facilities constructed;
b) Street names on which underground construction occurred;
c) Direct cost of construction for the calendar year in question;
d) Direct cost of construction per linear foot of such construction
completed;
a) Number of customer service facilities completed;
b) Street names on which customer service facilities occurred;
c) Direct cost of construction associated with customer service facilities
constructed for the calendar year in question;
d) Direct cost of construction per customer service facility constructed.
4. a) The dollar amount of the direct cost of demolition and construction
spent in any year prior to the preceding calendar year, which amount was
in excess of the 2% of thc standard defined in section 22D of Chapter 166
of the General Laws, and which excess amount the utility is allocating as a
credit to reduce the dollar expenditures required by this by-law for the
direct cost of demolition and construction in the calendar year that is the
focus of this financial report;
5. a) Gross Revenues derived from that utility's custom~rs in North Andover
in the calendar year preceding the expenditures reported in items 1, 2, and
3 above;
b) Representation that the amounts spent by such utility for the direct cost
of demolition and construction, as itemized above, in items 1, 2, and 3
plus any credit as described in item 4, equals or exceeds 2% of the gross
revenue reported in Sa) above.
Add the following paragraph to the end of Section 5A of Cha~ter 170 of the
Code of the Town of North Andover:
In preparation for making the minimum expenditures required by Section 5A, each
utility covered by this bylaw, shall, file with the Board of Selectmen the petition as
required by Section 22 of Chapter 166 of the Massachusetts General Laws, and by
Section 5B, clause (1) of this bylaw, and also file the plan as required by Section 22D
of Chapter 166 of the Massachusetts General Laws, and by Section 5B clause (2) of
this bylaw. In order to enable the Town to monitor compliance with this bylaw, each
utility covered by this bylaw shall file the statement with the Board of Selectmen, that
is required by Section 22D of Chapter 166 of the Massachusetts General Laws, and
Section 5B, clause (4) of this bylaw. Any petition, plan, or statement filed by a utility
pursuant to this bylaw must meet the minimum content requirements and timely filing
requirements defined in this bylaw.
Add the following Two Sections to Chapter 170 of the Code of the Town of
North Andover:
Section 6. Installation of Customer's Service Facilities
Any utility providing underground replacement facilities pursuant to this bylaw,
shall also install customer's service facilities as defined by Section 221 of chapter
166 of the General Laws. Such installation of customer's service facilities shall
be incorporated into the plan filed with board of selectmen pursuant to Section 5B
clause (2) of this bylaw, and the cost associated with such installation of
customer's service facilities shall be included in the report of direct cost of
demolition and construction reported to the board of selectmen pursuant to
Section 5B clause (4) of this bylaw. It is the intent of this Section that the cost of
the installation of customer service facilities shall be reimbursed to the utility
through the 2% surcharge contemplated by section 22D of Chapter 166 of the
General Laws.
Section 7. Severability
If any provision of this bylaw is determined to be invalid, such determination shall not
affect the validity of the other provisions of this bylaw, which other provisions shall
remain in full force and effect.
,,lmend the first sentence of Section 5,4 of Chapter 170 by deleting the phrase
"in the town" and replacing with the words "along or across any public way
within the parts of the Town listed in Section $"
VOTED MAY 15, 2001
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bra&haw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 6889556
E-mail |bradshaw(~townofnorthandover.com
This is to certify that the following vote on Article 21 Was taken at the Adjourned
Annual Town Meeting for the Town of North Andover held May 15, 2001:
Article 21. Amend Town Code - Chapter 170 - Underground Utilities
Bylaw. VOTED BY CLEAR MAJORITY to amend the Town Code, Chapter 170 -
Underground Utilities Bylaw by inserting a new subsection to Section 3 to read:
D) Old Common: along Osgood Street from Bay State Road to the intersection of
Andover Street. Along Andover Street from Academy Road to the intersection with
Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection
with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk
Street and along Great Pond Road from Academy Road 200 feet to the east toward
Stevens Street.
Michael Lenihan and Others
VOTED MAY 15, 2001 - VOTED AFTER ARTICLE 20
ATTEST:
A True Copy
Town Cl~rk
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyee A. Bradshaw, CMMC Telephone (978) 688-9501
Town Clerk Fax (978) 688-9556
E-mail ]bradshaw~_,townofnorthandover. com
This is to certify that the following vote was taken on Article 22 at the
Adjourned Annual Town Meeting for the Town of North Andover held May 15,
2001:
Article 22. Amend Town Code - Chapter 115 - Trash Collection -
Andrew Circle. To see if the Town will vote to amend Chapter 115 of the Code of thc
Town of North Andover, Section 1, Paragraph A, section (3) by adding the following at
the end of this section:
"Not withstanding the forgoing, the Town will provide customary residential trash pick
up for the owner oecupiad Town House Homes of Andrew Circle. Townhouse Homes is
a non-profit organization of 8 residential units per building (3 buildings total)."; and
further to appropriate $4,000 to accomplish this process.
Or take any other action relative thereto.
Denise Desmond and Others
VOTED BY MAJORITY VOTE to adopt as printed in the warrant with the
following amendment:
UPON MOTION MADE BY MICHAEL GARON AND DULY SECONDED TO:
DELETE "and further to appropriate $4,000 to accomplish this process." CLEAR
MAJORITY VOTE - MAY 15, 2001
ARTICLE 22 VOTED MAY 15, 2001
ATTEST:
A True Copy
'l~wn
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANT)OVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC
Town Clerk
E-mail jbradshaw~towno£nordaandover.com
Telephone (978) 688-9501
Fax (978)688-9556
This is to certify that the following vote on Article 27 was taken at the
Adjourned Annual Town Meeting for the Town of North Andover held May 15,
2001 and as amended by Attorney General Case #1687 Dated September 18, 2001:
Article 27. Amend Zoning Bylaw - Section 8.8 - Adult Use Zone. To see
if the Town will vote to amend Section 8.8 Adult Use Zone subsection 2 - Separation
Distances as follows:
Amend item a) from the current language: "within five hundred (500') feet of any
Residential Zoning Districts or within five hundred (500') feet of any church, school,
park, playfield, or other location where large numbers of minors regularly congregate."
Shall be amended to now read: "within five hundred (500') feet of the property line of
any church, school, park, playfield, or other location where large numbers of minors
would congregate."
Amend item b) from the current language "within five hundred feet (500') of any
other adult use as defined herein." Shall be amended to now read: "within one-thousand
feet (1000') of the property line on which any other adult use as defined herein either
resides or has been approved for adult uses."
John R. Leemah, Jr. and Others
UNANIMOUSLY VOTED to adopt Article 27 as printed in the Warrant (as shown
above) with the following amendments:
Amendment 1: UNANIMOUSLY VOTED to insert "Residential Zoning Districts"
in Paragraph 1 (one) line 5 (five) "after any and before church".
Amendment 2: VOTED to delete the second paragraph beginning "Amend item b)"
in its entirety. VOTED YES 70 NO 58
VOTED MAY 15, 2001
AS VOTED BY ARTICLE 27 ADJOURNED 2001 ANNUAL TOWN MEETING
TOWN OF NORTH ANDOVER ZONING BYLAW SECTION 8.8 SUBSECTION
2 - SEPARATION DISTANCES - TO READ AS FOLLOWS REFLECTING
ATTORNEY GENERAL DISAPPROVAL #1 OF 2 CASE #1687 DATED
SEPTEMBER 18, 2001.
2. Separation Distances: Adult uses may not be located:
a. within five hundred feet (500') of the property line of any Residential
Zoning District, church, school, park, playfield.
b. within five hundred feet (500') of any other adult use as defined herein;
c. within three hundred feet (300') of any establishment licensed under MGL
Ch. 138, Sec. 12.
TOWN OF NORTH ANDOVER
· OFFICE OF THE TOWN CLERK
120 MAIN STRF, ET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyc¢ A. Bradshaw, CMMC
Town Clerk
E-mail jbmdshaw~towno fnorthandover.eom
Telephone (978) 688-9501
Fax (978)688-9556
This is to certify that the following vote was taken on Article 29 of the
Adjourned Annual Town Meeting for the Town of North Andover held May 15,
2001:
Article29. Amend Zoning Bylaw- Section 8.7 Growth Management.
UNANIMOUSLY VOTED to amend Section 8.7 of the Town of North Andover Zoning
Bylaw, Growth Management Bylaw to extend the expiration date from July 1, 2001 to
July 1, 2002 to read as follows:
c) The provisions of this Section 8.7 shall expire on July 1, 2002; however
by a vote of Town Meeting before said date, the provisions -of this Section 8.7 may be
extended for an additional four years in order to continue municipal comprehensive
planning studies necessary to promote orderly growth. In the event such action is taken
by Town Meeting prior to July 1, 2002 these provisions shall not be construed to have
lapsed on such date.
Alison Lescarbeau and Others
VOTED MAY 15, 2001
TOWN OF NORTH ANDOVER ZONING BYLAW - SECTION 8.7 GROWTH
MANAGEMENT - AS AMENDED BY ARTICLE 29 TO READ AS FOLLOWS:
8.7 GROWTH MANAGEMENT
INTENT AND PURPOSE
This Section 8.7 is adopted pursuant to the provisions of M.G.L., c. 40A and the Home
Rule Amendment, Article 89 of the Massachusetts Constitution, for the following
purposes:
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to ensure that growth occurs in an orderly and planned manner, at a rate that can be
supported by Town services, while avoiding large year to year variations in the
development rate;
to allow the Town time to update its Master Plan and to provide the Town with time to
study the effect of growth on the municipality's inbastmcture, character and municipal
services;
to allow the Town time to study, plan for, and provide an additional source of water;
to relate the timing of residential development to the Town's ability to provide adequate
public safety, schools, roads, municipal infrastructure, and human services at the level of
quality which citizens expect, and within the Town's ability to pay under the financial
limitations of Proposition 2 1/2.
to preserve and enhance the exiting community character and value of property; and
to allow departures from the strict application of the growth rate measures herein in order
to encourage certain types of residential growth which address the homing needs of
specific population groups or which provide significant reductions in the ultimate
residential density of the Town.
APPLICABILITY, EFFECT AND DEFINITIONS
No building permit shall be issued for a new dwelling unit between May 6,1996 and July
1,1996 unless exempted by Section 8.7(6) herein.
Beginning on July 1,1996, no building permit for a new dwelling unit or units shall be
issued unless in accordance with the regulations of this Section 8.7 or unless exempted by
Section 8.7(6) herein.
The provisions of this Section 8.7 shall expire on July 1, 2002; however, by a vote of
Town Meeting before said date, the provisions of this Section 8.7 may be extended for an
additional five years in order to continue municipal comprehensive planning studies
necessary to promote orderly growth. In the event such action is taken by Town Meeting
prior to July 1, 2001 these provisions shall not be construed to have lapsed on such date.
For the purposes of this Section 8.7, the following terms shall have the following
meaning:
"Growth Rate Limit" shall mean the maximum number of building permits that may be
authorized in one Year, which shall be 80 permits. The Growth Rate Limit is based upon
analysis of recent average growth rates and an analysis of the Town's current and future
ability to provide essential local services such as public safety, schools, public works and
human services. Units exempt under section 8.7(6) are included within the calculation of
the Growth Rate Limit.
"Development" shall mean a single parcel or set of contiguous parcels of land held in
common ownership, regardless of foim, at any time on or after the date of adoption of
this bylaw, for which one or more building permits will be sought.
"Development Schedule" shall mean a schedule authorized by the Planning Board in
accordance with Section 8.7(4), which outlines the maximum building permit issuance
per development.
"Developer" any individual who either as an individual, a beneficial owner of a real
estate trust, a partner in a partnership, or an officer or owner of a corporation, requests
one or more building permits for the construction of new dwelling units.
"Year" shall mean the period beginning July 1 and ending June 30.
PLANNED GROWTH RATE
The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units per
year. In no case, however, shall the number of nonexempt building permits issued be
reduced below 60 permits in any one year period.
Whenever the number of building permits issued for new dwelling units exceeds the
applicable Growth Rate Limit, the Building Inspector shall not issue building permits for
any additional dwelling unit or units unless such unit or units are exempt from the
provisions of this Section 8.7 under subsection 8.7(6) below.
Building pemdts authorized under a Development Schedule, but not' issued during the
scheduled period set forth in Section 8.7(4) shall not be counted in computing the
applicable Growth Rate Limit. Building permits issued, but subsequently abandoned
trader the provisions of the State Building Code, shall not be counted in computing the
applicable Growth Rate Limit.
DEVELOPMENT SCHEDULING
This Section 8.7(4) shall apply to the following types of development which would result
in the creation of new dwelling units; (a) definitive subdivision plans, (b) plans subject
to M.G.L.c.41, s.81P (ANR); (c) special permits.
In addition to the types of development described in paragraph 8.7(4)(a), the Planning
Board is authorized, upon request from the Developer, to approve a development
schedule for any other building lot or dwelling unit, specifying the month and year in
which such lot/unit shall be eligible for a building permit.
Dwelling units shall be considered as part of a single development, for purposes of
development scheduling, if located on either a single parcel or on a set of contiguous
parcels of land held by a Developer in common ownership, regardless of form, at any
time on or after the date of adoption of this bylaw.
Where consistent with the applicable Growth Rate Limit, building permits for the
construction of new residential units in types of development set forth in Section
8.7(4)(a), shall be authorized only in accordance with the following table:
Number of New dwelling
units in development
new dwelling units per Year
Maximum Number of
building permits for
1-5
(Total in Development)
6-10 5
11-20 6
21-30 7
3140 8
41-54 9
55-80 10
More than 80
12.5% of Total in Development
Notwithstanding that a Development Schedule has been approved and recorded, the
Planning Board shall not be required to authorize the issuance of the stated maximum
number of building pemdts if the issuance of such permits would result in exceeding the
Growth Rate Limit. Adoption of a Development Schedule shall not be construed as a
commitment to issue building permits. The Planning Board shall not establish any
Development Schedule which phases development for longer than a 10 year period.
PROCEDURES FOR DEVELOPMENT SCHEDULES
No building permits for new dwelling units shall be issued until the Development
Schedule has been recorded and a certified copy of the Development Schedule has been
filed with the Planning Board.
Upon transfer of any lot or unit in the types of development subject to development
scheduling, the deed shall reference the Development Schedule and state the earliest date
on which construction may be commenced in accordance with the provisions of this
bylaw.
In order to be equitable to all Developers no more than 20% of the total available
building permits under section 8.7(3)(a), in any Year, will be issued to any one
Developer.
Procedures for development schedules shall be in accordance with rules and regulations,
consistent with the provisions of this bylaw, to be adopted by the Planning Board on or
before July l, 1996.
EXEMPTIONS
The following developments are specifically exempt from the Growth Rate Limit and
Development ScheduLing provisions of this by-law. The issuance of building peru-fits for
these Developments shall count toward the Growth Rate Limit of 80 permits in a Year.
Except that permits issued under subsection (a) below shall not count towards the Growth
Rate Limit of 80 permits in a Year.
An application for a building permit for the enlargement, restoration, or reconstruction of
a dwelling in existence as of the effective date of this by-law, provided that no additional
residential unit is created.
/~1 lots created prior to May 6, 1996 are exempt from the provisions of this Section 8.7
of the Zoning Bylaw.
Dwelling units for low and/or moderate income families or individuals, where all of the
following conditions are met:
Occupancy of the units is restricted to households qualifying under Local Initiative
Program as administered by the Executive Office of Communities and Development;
The affordable units are subject to a properly executed and recorded deed restriction
running with the land which shall limit the succeeding resale price to an increase of 10
percent, plus any increase in the consumer price index, plus the cost of any improvements
certified by the Building Inspector.
Dwelling units for senior residents, where occupancy of the units is restricted to senior
persons through a properly executed and recorded deed restriction running with the land.
For purposes of this Section "senior" shall mean persons over the age of 55.
Development projects which voluntarily agree to a minimum 40% permanent reduction
in density,(buildable lots), below the density,(buildable lots), permitted under zoning and
feasible given the environmental conditions of the tract, with the surplus land equal to at
least ten buildable acres and permanently designated as open space and/or famdand. The
land to be preserved shall be protected from development by an Agricultural Preservation
Restriction, Conservation Restriction, dedication to the Town, or other similar
mechanism approved by the Planning Board that will ensure its protection.
Any tract of land existing and not held by a Developer in common ownership with an
adjacent parcel on the effective date of this Section 8.7 shall receive a on~-fime
exemption fi'om the Planned Growth Rate and Development Scheduling provisions for
the purpose of constructing one single family dwelling unit on the parcel.
If at the time a Development is ready for building perrnits,(ie, all other petraits from all
other boards and commissions have been received and the project is in compliance with
those permits),, and the Development Schedule does not accommodate issuing a building
pemdt in that Year, one building permit will be issued per Year per Development until
such time as de Development Schedule accommodates issuing building permits.
ZONING CHANGE PROTECTION
Any protection against zoning changes provided by M.G.L.c. 40A, s.6, shall be
extended to the earliest date on which the final unit in the development could be
authorized under this bylaw.
SEVERABILITY
The provisions of this by-law are hereby declared severable and if any provision shall be
held invalid or unconstitutional, it shall not be construed to affect the validity or
constitutionality of any of the remaining provisions of this by-law.
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw, CMMC
Town Clerk
E-mail l'bradshaw~townofncrrthandover, com
Telephone (978) 688-9501
Fax (978)688-9556
This is to certify that the following vote was taken on Article 30 at the
Adjourned Annual Town Meeting for the Town of North Andover held May 15,
2001 and as Amended by Attorney General Case #1687 Dated September 18, 2001:
Article 30. Adopt Section 8.10 - Lot/Slope Requirements. To see if the Town will
vote to amend the North Andover Zoning Bylaw by adopting Section 8.10 - Lot/Slope
Requirements, to read as follows:
8.10- Lot/Slope Requirements
"1. Lot/Slope Requirements: In the residential
provisions of this Section 8.10 shall apply:
a.
zoning districts the following
Purpose: The purpose of this bylaw is to preserve and enhance the
landscape by encouraging the maximum retention of natural topographic
features, such as drainage swales, streams, slopes, ridge lines, rock
outcroppings, vistas, natural plant fomtations and trees; to minimize water
nmoff and soil-erosion problems incurred in grading of steep slopes; to
encourage innovative architectural, landscaping, circulation and site
design. For the purposes of this subsection, the tent, '~tatural" shall be
defined as the condition of the ground surface as it exists at the time a
subdivision or development is proposed including any man-made
alterations such as grading, excavation or filling which may have occurred
prior to the time such subdivision or development is submitted. No land
intended for subdivision or development may be regraded or filled in such
manner as to circumvent this bylaw.
Provisions: The provisions of this Subsection 8.10 shall not apply to
building lots in a definitive subdivision plan submitted in accordance with
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M.G.L. Chapter 41 in order to obtain the protections afforded by M.G.L.
Chapter 40A, Section 6. In addition, the provisions of this Subsection
8.10 shall not apply to building lots in a definitive subdivision plan
approved prior to the enactment of this Subsection 8.10. The provisions
of this Subsection 8.10 shall not apply to building lots on a plan subject to
M.G.L. Chapter 41, Section 81P approved prior to the first date of
publication of notice of this bylaw.
Defining theSlope: The slope of land at any point, stated as a
percentage, shall be defined as the change in elevation over a horizontal
distance measured perpendicular to the contours divided by the distance
over which the change occurs multiplied by 100. The slope of land at
any point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number
of the ratio indicates the horizontal distance and the second number
indicates the vertical rise.
Undisturbed Slopes: All natural slopes exceeding 33% (3:1) over a
horizontal distance of 30 feet as measured perpendicular to the contour on
a tract or parcel of land imended or proposed for subdivision or on a
building lot are protected and shall remain undisturbed.
Slope Exclusion for Minimum Lot Area Calculation: All areas with
natural slopes exceeding 25% (4:1) over a horizontal distance of 40 feet as
measured perpendicular to the contour on a tract or parcel of land intended
or proposed for subdivision or development, or on a lot intended for
building purposes, shall be excluded f~m the calculation of the minimum
lot area required for the applicable zoning district.
The Planning Board may grant a special pemtit from the provisions of this
Section if, in the Board's opinion, the proposal satisfies the purposes of
Subsection 8.10. l.a above. A special permit may be considered if
accompanied by:
i)
ii)
A geotechnical report prepared by a registered professional civil
engineer in the Commonwealth of Massachusetts that recommends
methods for slope stabilization.
A commitment from the applicant to fund construction inspection
services of a geotechnical engineer.
Alison Lescarbeau and Others
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt
Article 30 as printed in thc warrant with the following amendment:
Amend 8.10 - Lot/Slope Requirements Section e - Slope Exclusion for Minimum Lot
Area Calculation: Replace "exceeding 25% (4:1) over a horizontal distance of 40 feet"
with "exceeding 33% (3:1) over a horizontal distance of 30 (thirty) feet".
Section e. to read:
Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes
exceeding 33% (3:1) over a horizontal distance of 30 feet as measured
perpendicular to the contour on a tract or parcel of land intendedor proposed for
subdivision or development, or on a lot intended for building purposes, shall be
excluded from the calculation of the minimum lot area required for the applicable
zoning district.
Delete Section f. in its entirety and replace with:
f. · The Planning Board may grant a special permit for exemption from the
provisions of this Section if, in the Board's opinion, the proposal satisfies the
purposes of Subsection 8.10.1.a above.
In cases where the proposal includes disturbing or creating slopes exceeding
33%, the request for special permit must be accompanied by:
O A geotechnical report prepared by a registered professional civil engineer
in the Commonwealth of Massachusetts that recommends methods for slope
stabilization.
iii) A commitment from the applicant to fund construction
inspection services of a geotechnical engineer.
BY ORDER OF ATTORNEY GENERAL APPROVAL CASE #1687
DISAPPROVAL 2 OF 2 SECTION 8.10 LOT SLOPE REQUIREMENTS OF THE
ZONING BYLAW FOR THE TOWN OF NORTH ANDOVER IS HEREBY
ADOPTED AS FOLLOWS:
Article 30. Adopt Section 8.10 - Lot/Slope Requirements. To see if the Town will
vote to amend the North Andover Zoning Bylaw by adopting Section 8.10 ~ Lot/Slope
Requirements, to read as follows:
8.10 - Lot/Slope Requirements
"1. Lot/Slope Requirements: In the residential
provisions of this Section 8.10 shall apply:
a.
zoning districts the following
Purpose: The purpose of this bylaw is to preserve and enhance the
landscape by encouraging the maximum retention of natural topographic
features, such as drainage swales, streams, slopes, ridge lines, rock
outcroppings, vistas, natural plant fo,nations and trees; to minimize water
runoff and soil-erosion problems incurred in grading of steep slopes; to
encourage innovative architectural, landscaping, circulation and site
design. For the purposes of this subsection, the term "natural" shall be
defined as the condition of the ground surface as it exists at the time a
subdivision or development is proposed including any man-made
alterations such as grading, excavation or filling which may have occurred
prior to the time such subdivision or development is submitted. No land
intended for subdivision or development may be regraded or filled in such
manner as to circumvent this bylaw.
Provisions: The provisions of this Subsection 8.10 shall not apply to
building lots in a definitive subdivision plan submitted in accordance with
M.G.L. Chapter 41 in order to obtain the protections afforded by M.G.L.
Chapter 40A, Section 6. (See Disapproval 2 of 2 Case #1687 Attorney
General dated September 18, 2001)
go
Defining the Slope: The slope of land at any point, stated as a
percentage, shall be defined as the change in elevation over a horizontal
distance measured perpendicular to the contours divided by the distance
over which the change occurs multiplied by I00. The slope of land at
any point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number
of the ratio indicates the horizontal distance and the second number
indicates the vertical rise.
Undisturbed Slopes: All natural slopes exceeding 33% (3:1) over a
horizontal distance of 30 feet as measured perpendicular to the contour on
a tract or parcel of land intended or proposed for subdivision or on a
building lot are protected and shall remain undisturbed.
Slope Exclusion for Minimum Lot Area Calculation: All areas with
natural slopes exceeding 25% (4:1) over a horizontal distance of 40 feet as
measured perpendicular to the contour on a tract or parcel of land intended
or proposed for subdivision or development, or on a lot intended for
building purposes, shall be excluded from the calculation of the minimum
lot area required for the applicable zoning district.
The Planning Board may grant a special permit from the provisions of this
Section if, in the Board's opinion, the proposal satisfies the purposes of
Subsection 8.10.1.a above. A special permit may be considered if
accompanied by:
iv)
v)
A geotechnical report prepared by a registered professional civil
engineer in the Commonwealth of Massachusetts that recommends
methods for slope stabilization.
A commitment from the applicant to fund construction inspection
services of a geotechnical engineer.