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HomeMy WebLinkAbout1992-05-04SCO'H' HARSHBARGER ATI'ORNEY GENERAL (617) 727-2200 Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 August 18, 1992 Dear Mr. Long: I enclose the corrected endorsement for the amendments to the zoning by-laws adopted under articles 50, 51, 52 and 56 of the warrant for the North Andover Annual Town Meeting that convened May 4, 1992. Assistant Attorney General 617-727-2200 ext. 2082 AEP: Enclosure Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under articles 50, 51, 52 and 56 of the warrant for the North Andover Annual Town Meeting that convened May 4, 1992, are hereby approved. August 18, 1992 SCOTT HARSHBARGER ATTORNEY GENERAL Assistant Attorney General SCOTI' HARSHBARGER A1TOflNEy GENERAL (617) 727-22OO Daniel Long Town Clerk 120 Main Street North Andover, MA 01845 August 5, 1992 Dear Mr. Long: I enclose the amendments to the general by-laws adopted under articles 34, 35 and 36, and the amendments to the zoning by-laws adopted under articles 50, 51, 52 and 56 of the warrant for the North Andover Annual Town Meeting that convened May 4, 1992, with the approval of this Office endorsed thereon, and on the zoning map pertaining to articles 50 and 51. Very truly yours, ~en ki Assistant Attorney Oeneral fllT-?2?-g~00 ext, ~08~ AEP:ccs Enclosure D~N!FL L3NG NOt, TH A~,,!;OVER Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under articles 50, 51, 52, 53 and 56 of the warrant for the North Andover Annual Town Meeting that convened May 4, 1992, are hereby approved. August 5, 1992 SCOTT HARSHBARGER ATTORNEY GENERAL An~ski Assistant Attorney General Boston, Massachusetts The within zoning map pertaining to articles 50 and 51 of the warrant for the North Andover Annual Town Meeting that convened May 4, 1992, is hereby approved. August 5, 1992 SCOTT HARSHBARGER ATTORNEY GENERAL An~sk~ Assistant Attorney General Boston, Massachusetts The foregoing amendments to the general by-laws adopted under articles 34, 35 and 36 of the warrant for the North Andover Annual Town Meeting that convened May 4~ 1992, are hereby approved. August 5, 1992 SCOTT HARSHBARGER Anthony E%-/Pens ki Assistant Attorney General ARTICLE 50. REZONE PARCEL OF LAND AT 846 CHEST~ ST~. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, Kathleen A. Wassberg and others VOTED Unanimously to adopt this article.~y 6, 1992 ARTIC~X 51. REZONING PARCEL OF LAND ON CHICKERING ROAD. To see if the Town will vote to amend the North Andover zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and Others VOTED unanimously to adopt this articleT?Ay 6, 1992 H Tm. Cop? Town Clerk ARTICLE 52. MODIFY ZONING BYLAW, SECTION 4.125. To see if the Town will vote to modify the Zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: Delete usage 4.125(2), "Two family residential structures". B. Delete usage 4. 125 (3) , "Multi-family residential structures, not exceeding 7 dwelling units per structure." Renumber usages 4.125(4) through 4.125(21) as 4.125(2) through 4.125(19) respectively. D. Following 4.125-19, as renumbered, the paragraph relating to uses allowed by Special Permit shall be amended so as to read as follows: "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Add a paragraph 5 to uses allowed by Special Permit to read as follows: Multi-family residential structures, not to exceed 7 dwelling units per structure. Ail multi-family structures shall conform to the following dimensional criteria: Lot area min. sq. ft: 130,680 Street frontage min. ft: 150(13) Side set back min. (ft) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Redman and Others VOTED unanimously to adopt this article, as mended. ~ attached mmendm~nt. VOT.~D 0:3 ~i~.Y 6, 1992 AT. ST:. A True CoDF Town Cle~k #~ove Chat article 52 be adopted as follows: That lines A, B & C be stricken from the article, so as to leave Para. 2 & 3 of section 4.125 within the allowed uses of the Residential Six District. That line D of the proposed article be reworded as follows: Following 4.125-21, the paragraph relating to uses allowed by Special Permit shall be amended so as to read as follows: mo "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" That Line E of the proposed article be reworded as follows: Add a paragraph 5 to uses allowed by Special Permit, to read as follows: 5. Single Family residential structures, which conform to the following dimensional criteria: Requirement Lot area min. Sq Ft: Height Max. (ft) Street Frontage Min. (ft) Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor area Ratio Max. Lot coverage Max. Dwelling Unit Density Contiguous Buildable Area Dimensions 5,000 35 75(1) 20 5 15 N/A 25% 6/acre (2) 5000 Square Feet(minimum) For each application filed for a Special Permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application, which is at least three (3) acres in size. Footnote: 1. In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet. 2. Only if all lots or structures are serviced with public sewer and/or a private sewer system approved and accepted by the town. For the purpose of this section, the term private sewer system shall mean a sewer system built by a developer to the Town specifications and locations, and dedicated to the Town. In no instances shall the ter~., private sewer system~be Construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system." / ATTFST: ~-fA TRUU CCP. Y VOT~ 5.,ALL~0Uo TO ;O0PT. ARTICLE 56. ~ OF T~W ZONING BYLAW. To see if the Town will vote to amend Section 4.133 Paragraph 6 of the North Andover Zoning Bylaw by adding the following wording: "Any dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others VOTED unanimously to adopt this article. :[%Y 6, 1992 as After the word Permit add Or%nting Authority to be t~e Pl%nning Board. i~i 'l'nte Cop? ARTIC?.R 34. REVISIONS TO BYLAW. To see if the Town will vote to delete Chapter 9 from Part 1, Division 1 of the Codified Bylaws of the Town of North Andover. Conservation Co--ission VOTED unanimously to adopt this article.~L%y 6, 1992 AT. ST: H Tm. C~F ARTICLE 35. FIRE DETECTION AND ~ SYSTE~. To see if the Town will vote to amend the Town By-Law striking from Article 91 Fire Detection and Alarm Systems Section 69-1 through 69-7 and to insert the following language listed as Sections 69-1 through 69-7.4. SECTION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid alarm systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application foLm for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection sixty days notice to the general approval of the Board of Selectmen. fees may be made with public and with the Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emeruencv Fire Department telephone number designated for that purpose. Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire chief for this service. ee The alarm system owner .or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alarm receiving equipment. The Fire Department will make every effort to insure the proper operation of its alarm receivipg equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. Ail existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by'law. This section shall not bells either mechanical or indicate a water flow. apply to audible electrical which sprinkler alarm are utilized to SECTION 69-5 ALARM SYSTEM REGULATIONS AND MAINTENANCE ae Each alarm user shall submit to the Fire chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alazm system. It shall be the alarm users responsibility to keep this information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of N.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. All premises shall have their legal street number clearly visible as per existing town by-law prior to connection of any alarm to the Fire Department. All premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee. An alarm transmitted when such work is being performed without permission will constitute, a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The te~m "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. Alarm systems which generate false ala~ in any twelve (12) month period shall be subject to the following assessment initially established: Fire Alarm & Emergency Medical Systems FALSE ALARM 1 THROUGH 3 4 THROUGH 5 6 OR MORE NONE $200.00 EACH $500.00 EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circ~mstances justify such a waiver. After a third false alarm within twelve months, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the current twelve .(12) month period, from the date of the first false ala£m, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. b. False alarms equipment or assessment. caused by faulty telephone service, municipal electrical storms will be excluded from False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. Determination that a false alarm has been transmitted will be the Judgement of the Fire chief or his duly appointed duty officer. Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an ala~-m to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. ~XEMPTIONS Fire Alarm system devices owned by the Town of North And.vet shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. Failure to comply with the requirements set forth in these regulations. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. fe Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. go Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alarm system. Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification cf the residents of a dwelling shall be installed and/or maintained in a usable state. Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief Will/mm V. Dolan VOTED unanimously to adopt the article as printed in the warrant. }c~Y 6, tli?ICLlg 36. ANI~D ~ CODE OF THE TOIqN OF NOliTH ANDOVIglt. To see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees Ce De The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. Copies of actual contract price shall be submitted with the Building Pe£~L, it Application. E. Building permit fees shall not be required for municipally owned building or structures. Fees will be paid on mechanical and utility work only. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. VOTED unanimously to adopt the article as printed in the warrant. :~y 6. 1902 Form 1 (revised 1/91) Town: Date: Attorney General Scott Harshbarger One Ashburton Place, Room 2019 Boston, Massachusetts 02108 Attn: By-Laws -.,v 26, 1002 Dear Attorney General Harshbarger: Pursuant to G.L.c. 40, § 32, I hereby request approval of the enclosed amendments to town by-laws. 1. Town Meeting (check only one): Annual .'~' Special Fall Annual ?.%Y ~, 199-~ 2. Date Town Meeting (TM) First Convened: ~Y 5 & 6. 1992 3. Date(s) of Adjourned Sessions: 4. Warrant articles (numbers) to be acted upon: (a) ZoninG: 50,51, 52 & 56 (b) Historic District: (c) General.: 34~35 ~ 96 (d) Charter Amendment: 5. Maps: warrant articles (numbers) with maps to be approved: 50,51 KOP?!2;-~.~ ~, PIIGF Town Counsel: Address: Phone: Town Clerk: Signature: Address: 10! Arch Ct .Lass 02110 ) !-8oo-5~8-35~2 Dguiel Long · ain St f.~,, North Andover. !lass. 018h5 Phone: ( ARTICLE 50. REZONE PARCEL OF LAND AT 846 CHESTNUT STREET. To see if the Town will vote to rezone 846 Chestnut Street, map 00107C, parcel 000019 recorded in the Northern Essex Registry of Deeds in Book 3149, Page 254, dated 8-20-90 from Industrial One (1) to Residential Two (2). Louise A. Digrandi, Kathleen A. Wassberg and others VOTED unanimously to adopt this article. :?,¥ 6, 1992 TOWn ~lezk ARTIC~m 51. REZONING PARCEL OF LAND ON c~TCKERNGROAD. To see if the Town will vote to amend the North Andover Zoning Bylaw and Map so as to change from General Business District (G.B.) to Business - 2 (B-2) a parcel of land containing 23,250 square feet, more or less, on the Easterly side of Chickering Road, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land being shown as Doe Family Trust, BK 1930, page 188-185 on a plan of land entitled "Plan of Land in North Andover, Massachusetts, for Charles Doe, Scale 1" = 40' dated July 29, 1988, Civil Sites Associates, Inc., Wakefield, Massachusetts 01880" recorded with the Essex North District Registry of Deeds, Plan No. 11345. Being the same premises conveyed to Charles F. Doe, Trustee of Doe Family Trust; deed dated August 21, 1973, and recorded with Essex North District Registry of Deeds in Book 1930, Page 188. David L. Lanzoni and O~-hers VOTED unanimously to adopt this article...~y 6, 1992 Town Cl zk ARTICLE 52. MODIFY ZONING BYLAW, SECTION 4.125. TO see if the Town will vote to modify the zoning Bylaw, Sections 4.125 Residential Six, (R-6), Buildings and Uses permitted, as follows: Delete usage 4.125(2), "Two family residential structures". B. Delete usage 4.125(3), "Multi-family residential structures, not exceeding 7 dwelling units per structure." Ren,,mber usages 4.125(4) through 4.125(21) as 4.125(2) through 4. 125 (19) respectively. D. Following 4.125-19, as renumber.d, the paragraph relating to uses allowed by SpeCial Permit shall be amended so as to read as follows: "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" Add a paragraph 5 to uses allowed by Special Permit to read as follows: Multi-family residential structures, not to exceed 7 dwelling units per structure. Ail multi-family structures shall conform to the following dimensional criteria: Lot area min. sq. it: 130,680 Street frontage min. it: 150(13) Side set back min. (it) 15 Floor area ratio max. 0.25:1 (15) Dwelling unit density 9/acre(12) Height max. (ft) 35 Front set back min. 25 Rear set back min. 30 Lot coverage max. 20% Herbert P. Redman and Others VOTED unanimously to adopt this article. S~e attached ~endment ' ,0~ iL%Y 6, 1992 ATT a . A True, Town Clerk "Move that article 52 be adopted as follows: That lines A, B & C be stricken from the article, so as to leave Para. 2 & 3 of section 4.125 within the allowed uses of the Residential Six District. That line D of the proposed article be reworded as follows: Following 4.125-21, the paragraph relating to uses allowed by Special Permit shall be amended so as to read as follows: "The following uses shall be allowed only by Special Permit, the permit granting authority shall be the Planning Board" That Line E of the proposed article be reworded as follows: E4 Add a paragraph 5 to uses allowed by Special Permit, to read as follows: 5. Single Family residential structures, which conform to the following dimensional criteria: Requirement Lot area min. Sq Ft: Height Max. (ft) Street Frontage Min. (ft) Front Set Back Min. Side Set Back Min. (ft) Rear Set Back Min. Floor area Ratio Max. Lot coverage Max. Dwelling Unit Density Contiguous Buildable Area Dimensions 5,000 35 75(1) 2O 5 15 N/A 25% 6/acre (2) 5000 Square Feet(minimum) For each application filed for a Special Permit under this section, the applicant must have a contiguous parcel of land, in single or consolidated ownership at the time of application, which is at least three (3) acres in size. Footnote: 1. In instances where a lot fronts on Route 114, for purposes of public safety, the required lot frontage shall be 250 feet. 2. Only if all lots or structures are serviced with public sewer and/or a private sewer system approved and accepted by the town. For the purpose of this section, the term private sewer system shall mean a sewer system built by a developer to the Town specifications and locations, and dedicated to the Town. In no instances shall the term private sewer system be construed to limit accessibility to the sewer system beyond regulations consistent with the public sewer system. # VOTED UNANI%~0US TO ADOPT. -- ATTEST: ~ TOW~ CLFRK ARTICY,R 56. ~ OF TH~ ZONING BYLAW. To see if the Town will vote to amend Section 4.133 Paragraph 6 of the North Andover Zoning Bylaw by adding the following wording: "A~y dumping of ash or other hazardous material generated by such facility shall be subject to a Special Permit." Manuel F. Arista and Others VOTED unanimously to adopt this article. ;~Y 6, 1992 as ~ended. ~[~MENT. After the word Permit add Granting Authority to be the Planning Board. l~i %~e Copy Clerk ARTICLE 34. REVISIONS TO BYLAW. To see if the Town will vote to delete Chapter 9 from Part 1, Division 1 of the Codified Bylaws of the Town of North Andover. Conservation c~ission VOTED unanimously to adopt this article.~y 6, !992 H Trna ¢op~ Town Cler~ ARTICLE 35. FIRE DETECTION AND ALAR~ SYSTEMS. To see if the Town will vote to amend the Town By-Law striking from Article %1 Fire Detection and Alarm Systems Section 69-1 through 69-7 and to insert the following language listed as Sections 69-1 through 69-7.4. SECTION 69-1 PURPOSE AND SCOPE This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire and medical aid alarm systems shall include systems connected to the Fire Department by the municipal fire alarm circuit, direct wire, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. SECTION 69-2 ALARM INSTALLATION AND PERMIT REQUIREMENTS ae As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing alarm systems must obtain permit within three (3) months of the effective date of this by-law. The Fire Chief shall prescribe an application form for implementation of this by-law. The fee for this alarm permit shall be ten dollars ($10.00). The Fire Department shall be called to inspect the installation after its completion, for which inspection there will be a fee of fifteen dollars ($15.00). Changes in the permit or inspection fees may be made with sixty days notice to the general public and with the approval of the Board of Selectmen. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. Telephone dialers using voice-type tape recorders must be compatible with the alarm receiving devices at the Fire Department. Equipment as described shall use the emeruencv Fire Department telephone number designated for that purpose. Actual connection to the Fire Department's alarm system will be made only by an installer approved by the Fire Chief for this service. The alarm system owner or user, or the ala£m company contracting for the servicing of the alarm users system, shall be responsible for obtaining any necessary leased lines or municipal cable between the protected location and the Fire Department alazm receiving equipment. fg The Fire Department will make every effort to insure the proper operation of its alarm receiving equipment, but accepts no liability for conditions which prevent proper reception of signals from the user's premises. SECTION 69-3 ALARM DISCONNECTION AND ALTERATION NOTICE Whenever an alarm system or equipment is disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in writing. This shall be done in accordance with the Mass. Building Code Section 1200.3 Maintenance. and M.G.L. Chapter 148 Section 27A and Section 28. SECTION 69-4 AUTOMATIC SHUT OFF REQUIREMENT Ail alarm systems installed after the effective date of this by-law which use an exterior audible alarm device(s), shall be equipped with a timing unit which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. All existing alarms using an exterior audible alarm device should be equipped with such a device within twelve (12) months after the effective date of this by-law. This section shall not bells either mechanical or indicate a water flow. apply to audible electrical which sprinkler alarm are utilized to SECTION 69-5 ALARM SYSTEM REGULATIONS AND MAINTENANCE Each alarm user shall submit to the Fire chief the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, and are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of M.G.L. Section 32 of Chapter 268, (tampering with a fire alarm signal). If after three (3) attempts by the Fire Department, a zone or system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69 5(a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire chief or his designee may assign a paid detail to monitor the premises until such responsible parties arrive at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. All premises shall have their legal street n,,mber clearly visible as per existing town by-law prior to connection of any alarm to the Fire Department. Ail premises requiring a secured key access box as per Town by-law Section 68-1.1 shall have the device installed prior to issuance of a fire alarm permit. SECTION 69-6 ALARM TESTS No alarm system designed to transmit emergency messages or signals directly to the Fire Department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. SECTION 69-7 FALSE ALARM ASSESSMENT Definition: The term "False Alarm" as used in this section, includes accidental alarms caused by equipment malfunction, as well as deliberate and unnecessary activation of the system. Alarm systems which generate false alarms in any twelve (12) month period shall be subject to the following assessment initially established: Fire Alarm & Emergency Medical Systems FALSE ALARM ASSESSMENT 1 THROUGH 3 4 THROUGH 5 6 OR MORE NONE $200.00 EACH $50O.OO EACH The Fire Chief shall have the authority to waive any assessment if in his judgement extenuating circumstances justify such a waiver. After a third false alarm within twelve months, the Fire chief shall notify the responsible party in writing that the next false alarm incident within the current twelve (12) month period, from the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) credit against any assessments. It is the intent of this section to have the systems maintained on a regular basis. be False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. False alarms received during the first thirty (30) days following installation shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. de Determination that a false alak-~, has been transmitted will be the judgement of the Fire chief or his duly appointed duty officer. ee Any person(s) who maliciously and/or intentionally activates a fire alarm device, which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined one thousand dollars ($1000.00) in accordance with M.G.L. Section 32 Chapter 268. SECTION 69-7.1 CONNECTION FEES Each alarm user shall on or before October 1st of each year remit to the Fire Department the service fee for the coming year, initially established as follows: MASTER FIRE ALARM BOXES DIGITAL ALARMS $200.00/alarm box $ 10.00/signal NOTE: Locations that have multiple master boxes installed as required by the Fire Department shall be assessed for the initial fire alarm box only. EXEMPTIONS Fire Alarm system devices owned by the Town of North Andover shall be exempted from the provisions of 69-7 and 69-7.1 SECTION 69-7.2 VIOLATIONS The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more that $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) ae Failure to disconnect device. follow an order issued by the Fire Chief to a fire alarm system automatic notification be Using a telephone dialing device arranged to dial a Fire Department number without authorization under this by-law. Ce Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. de Failure to comply with the requirements set forth in these regulations. eg Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. fe Knowingly failing to maintain any alak-m system, covered by this by-law, in proper working order. Causing, through negligence, a condition which interferes with the operation of, or causes damage to the municipal fire alaLm system. Failure of a residential alarm user to pay an alarm fee assessed within sixty (60) days of the assessment will authorize the Fire Department to order the alarm user to discontinue the use of the alarm system automatic notification devices for not more than six months. During this period all detection systems required by State and local statutes and by-laws for the proper notification of the residents of a dwelling shall be installed and/or maintained in a usable state. Section 69-7.3 APPEALS Appeals for reduction or cancellation of any of the penalties assessed for violations under this section may be directed to the Fire Chief. If the appellant is not satisfied, with the ruling of the Fire Chief, a further appeal may be made to the Town Manager. If the appellant is still not satisfied, a further appeal may be made to the Board of Selectmen whose ruling shall be final and binding. Section 69-7.4 FEES, FINES AND ASSESSMENTS The Fire Chief shall annually make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited in Section 69-2, Section 69-7, Section 69-7.1, and Section 69-7.2 above, which may be adjusted by the Board of Selectmen as required. Fire Chief William V. Dolan VOTED unanimously to adopt the article as printed in the warrant. MAY 6, 1992 a ~ cop~ ARTIC!~ 36. AMEND T~R CODE OF THE TOWN OF NOI~TH ANDOVER. To see if the Town will vote to amend Chapter 77, Section 77-1 of the Code of North Andover to read as follows: Section 77-1 Be De Bu~ldinq Permit Fees, Exclusive of Mechanical and Utility Fees The estimated cost of new construction shall be based on a cost factor of sixty five ($65.00) dollars per square foot. Fees for new construction shall be six dollars and fifty cents ($6.50) per thousand dollars of estimated cost of construction or actual contract price, whichever is greater. Estimated construction cost of additions, alterations and remodeling shall be the actual contract price. The permit fees shall be six dollars and fifty cents ($6.50) per thousand based on the estimated costs of construction. There shall be a minimum fee of fifteen ($15.00) dollars per permit. Copies of actual contract price shall be submitted with the Building Permit Application. E. Building permit fees shall not be required for municipally owned building or structures. Fees will be paid on mechanical and utility work only. The Building Inspector shall periodically make a recommendation to the Town Manager relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as cited above, which may be adjusted by the Board of Selectmen as required; or any other action relative thereto. D. Robert Nicetta, Building Insp. VOTED unanimously to adopt the article as printed in the warrant. ~y 6, I~O2 AST: A True COPY AA�� Town Clerk