HomeMy WebLinkAbout1993-05-03SCOT~ HARSHBARGER
ATTO~HEY GENERAL
(617) 727,-22oo
August 27, 1993
Daniel Long
Town Clerk
120 Main Street
North Andover, MA 01845
Dear Mr. Long:
I enclose the amendments to the general by-laws adopted
under articles 16, 28, 41, 42 and 69 and the amendments to the
zoning by-laws adopted under articles 33, 34, 35, 36, 37, 38, 39
and 66 of the warrant for the North Andover Annual Town Meeting
that convened May 3, 1993, with the approval of this Office
endorsed thereon, and on the zoning maps pertaining to articles
38 and 66.
Very truly yours,
~nski
Assistant Attorney General
617-727-2200 ext. 2082
AEP:ap
Enclosure
Boston, Massachusetts
The foregoing amendments to the general by-laws adopted under
articles 16, 28, 41, 42 and 69 of the warrant for the North
Andover Annual Town Meeting that convened May 3, 1993, are hereby
approved.
August 27, 1993
SCOTT HARSHBARGER
ATTORNEY GENERAL
Anthony E~/Penski
Assistant Attorney General
ARTICT~ 16. ADOPT A BYLAW IN ACCORDANCE WITH ~
PROVISIONS OF M.G.L. CHAPTER 40, SECTION 57. To see if the Town
will vote to amend the Bylaw of the Town of North Andover by
adopting the following bylaw:
The tax collector or other municipal official responsible
for records of all municipal taxes, assessments, betterments
and other municipal charges, hereinafter referred to as the
tax collector, shall annually furnish to each department,
board, commission or division, hereinafter referred to as
the licensing authority, that issues licenses or permits
including renewals and transfers, a list of any person,
corporation, or business enterprise, hereinafter referred to
as the party, that has neglected or refused to pay any local
taxes, fees, assessments, betterments or other municipal
charges for not less than a twelve month period, and that
such party has not filed in good faith a pending application
for an abatement of such tax or a pending petition before
the appellate tax board.
The licensing authority may deny, revoke or suspend any
license or permit, including renewals and transfers of any
party whose name appears on said list furnished to the
licensing authority from the tax collector; provided,
however, that written notice is given to the party and the
tax collector, as required by applicable provisions of law,
and the party is given a hearing, to be held not earlier
than fourteen days after said notice. Said list shall be
prima facie evidence for denial, revocation or suspension of
said license or permit to any party. The tax collector
shall have the right to intervene in any hearing conducted
with respect to such license denial, revocation or
suspension. Any findings made by the licensing authority
with respect to such license denial, revocation or
suspension shall be made only for the purposes of such
proceeding and shall not be relevant to or introduced in any
other proceeding at law, except for any appeal from such
license denial, revocation or suspension. Any license or
permit denied, suspended or revoked under this Bylaw shall
not be reissued or renewed until the licensing authority
receives a certificate issued by the tax collector that the
party is in good standing with respect to any~and all local
taxes, fees, assessments, betterments or other municipal
charges, payable to the municipality as the date of issuance
of said certificate.
Co
Any party shall be given an opportunity to enter into a
payment agreement, thereby allowing the licensing authority
to issue a certificate indicating said limitations to the
license or permit and the validity of said license shall be
conditioned upon the satisfactory compliance with said
agreement. Failure to comply with said agreement shall be
2O
grounds for the suspension or revocation of said license or
permit; provided, however, that the holder be given notice
and a hearing as required by applicable provisions of law.
do
The Board of Selectmen may waive such denial, suspension or
revocation if it finds there is no direct or indirect
business interest by the property owner, its officers or
stockholders, if any, or members of his immediate family, as
defined in section one of M.G.L. Chapter two hundred and
sixty-eight in the business or activity conducted in or on
said property.
This bylaw shall not apply to the following licenses and
permits issued under the following M.G.L. Chapters: open
burning, section thirteen of chapter forty-eight; bicycle
permits, section eleven A of chapter eighty-five; sales of
articles for charitable purposes, section thirty-three of
chapter one hundred and one; children work permits, section
sixty-nine of chapter one hundred and forty-nine; clubs,
associations dispensing food or beverage licenses, section
twenty-one E of chapter one hundred and forty; dog licenses,
section one hundred and thirty-seven of chapter one hundred
and forty; fishing, hunting, trapping license, section
twelve of chapter one hundred and thirty-one; marriage
licenses, section twenty-eight of chapter two hundred and
seven and theatrical events, public exhibition permits,
section one hundred and eighty-one of chapter one hundred
forty.
Director of Finance
Board of Selectmen Reco...endation: Favorable Action.
Advisory Board Recon~nendation: Favorable Action.
Advisory Board Motion
MOVE that the Town vote to adopt the article, as printed in the
warrant ,and to be included in the Code of North Andover under
Division 1, Part II Chapter 129 titled "Licenses and Permits"
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
21
ARTI~r.R 28. A~ND~[~T TO BUILnING PERMIT FEES. To see if
the Town will vote to amend Section 77-1 of the Bylaw of the Town
of North Andover "Building ConstructiQn" by adding Paragraph E,
the following:
Building Permit Fees for municipally owned buildings and
structures may be waived only by the Board of Selectmen. The
amended Paragraph E will read as follows:
"Building permit fees shall not be required for
municipally owned buildings and structures. Building
Permit fees for municipally owned buildings and
structures may be waived only by the Board of
Selectmen. In all cases fees will be required for
mechanical and utility permits."
Division of Planning & Community
Development
Board of Selectmen Recommendation: Favorable Action.
Advisory Board Recommendation: Favorable Action.
Advisorv Board~otion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT AS AMENDED.
AMENDMENT ATTACHED.
34
ART. 28 (AMENDMENT)
Building permit fees shall be required for municipally
owned buildings and structures. Building permit fees for
buildings and structures wholly owned by the Town of North
Andover may be waived, in whole or in part~ only by the Board
of Selectmen based on the Board's determination of the
benefits accruing to the town from such a waiver. In all cases
fees will be required for mechanical and utility permits.
ARTICL~ 41. AMENDb~T TO GENERAL BYLAWS - GASOLINE
STATIONS. To see if the Town will vote to amend Chapter 117-2 of
the General By-laws of the town, by deleting the existing Section
117-2 in its entirety and substituting the following:
Gasoline stations may be operated as either full
service, where gasoline is pumped by employees holding
the nozzle; self-service where gasoline is generally
pumped by the customer holding the nozzle; or a
combination of full~service and self-service, provided
that such gasoline stations meet all applicable
requirements of law.
E. Haffner Fournier a~d Others
Board of Selectmen Recommendation: Unfavorable Action.
Planning Board Recom,.enda. tion: Favorable Action.
Citizen Petition Motion
Petitioner will MOVE the article.
VOTED TO ADOPT THE ARTICLE AS AMENDED.
YES..88 NO..61
AMENDMENT ATTACHED
52
ARTICLE 41 (AMENDMENT)
By adding to the last sentence after the word law, and
provided that in conjunction with self-service pumps or
islands an employee is on the premises to aid those in need
of assistance.
ARTICLR 42. GARBAGE, RUBBISH & REFUSE. To see if the Town
will vote to add the following sections to Chapter 115 of the
North Andover By-laws "Garbage, Rubbish & Refuse"
115-5.
Refuse Restricted Activity. To be in compliance with
the State solid waste facility regulation 310 CMR 19.017
& DPW's Guidance Document #7 (DSWM Guidance SWM-7-9/92),
the Town of North Andover enacts a mandatory bylaw,
which states as of April 1, 1993, the following will not
be allowed in the garbage, rubbish & refuse/trash:
Glass Containers:
Glass bottles and jars (soda-lime glass) but
excluding light bulbs, pyrex cookware, plate
glass, drinking glasses, windows, windshields
and ceramics:
Metal Containers:
Aluminum, steel or bi-metal beverage and food
containers, including scrap metal.
Yard Waste:
Grass clippings, weeds, garden materials,
shrub trimmings, and brush 1" or less in
diameter (excluding diseased plants);
Leaves:
Deciduous and coniferous leaf deposition;
Lead Acid/
Batteries:
Lead-acid batteries used in motor vehicles or
stationary applications;
White Goods:
Large appliances including: refrigerators,
freezers, dish washers, clothes washers,
clothes dryers, gas or electric ovens and
ranges, and hot water heaters;
Whole Tires:
Unshredded motor vehicle tires of all types.
(A shredded tire is a tire which has been
cut, sliced, or ground into four or more
pieces such that the circular form of the
tire has been eliminated.)
115-6. Penalties
Any or all of the items listed in 115-5 commingled with garbage,
rubbish, or refuse will be reason for the Division of Public
53
Works or its agents to refuse to pick up such commingled items
from that dwelling.
George Perna, Director, Division of
Public Works
Board of Selectmen Recommendation: To be made at Town Meeting.
Favorable Action. - 4/26/93
Board of Selectmen Motion
MO~-E to adopt, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
54
ARTIC~ 33. MODIFICATION OF ZONING BYLAW, SECTION 8.5. To
see if the Town will vote to amend its Zoning Bylaw Section 8.5,
Planned Residential Development (PRD), as follows:
- Renumber paragraph 8.5 (6) D to 8.5 (6) C
Redefine "Buffer Zone" in the renumbered paragraph 8.5 (6) C
to read: '
Buffer Zone:
(1)
A fifty-foot border from the parcel boundary
running the full length of the perimeter of the
parcel. No structure shall be built within the
Buffer Zone. Pre-existing structures may be
allowed to remain, if approved as part of this PRD
Special Permit granted by the Planning Board. The
Buffer Zone shall remain in its natural state
except;
trees and/or shrubs may be added to improve the buffer
characteristic of the Zone, and
(2) roadways perpendicular or nearly perpendicular to the
Zone may be installed to access the Site, if approved
as part of this PRD Special Permit granted by the
Planning Board. Such roadways shall be minimized
within the context of sound subdivision planning
practices.
Planning Board
Board of Selectmen Reco,,,,~ndation: Favorable Action.
Planning Board Recommendation: Favorable Action.
Planninq Board Motion
MOVE the Town vote to adopt the article, as printed in the
warrant, with the following changes: Delete "Renumber paragraph
8.5 (6) D to 8.5 (6) C." and "Pre-existing structures shall be
allowed to remain, if approved, as part of this P.R.D. Special
Permit granted by the Planning Board".
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
39
AT S .
ARTIC~ 34. AMRNDM~mFf TO ZONING BYLAW - SECTION 4.132. To
see if the Town will vote to amend the Zoning Bylaw, more
specifically by deleting Section 4.132, Paragraph 11 and
renumbering paragraph 12 through 17 to read 11 through 16
respectively.
Planning Board
Board of Selectmen Recommendation: Favorable Action..
Planning Board Reco,m,,endation: Favorable Action.
Planninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE AETICLE.
40
,: ATme Copy
ARTICLE 35. A~gDMRNT TO ZONING BYLAW - SECTION 4.133. To
see if the Town will vote to amend the Zoning Bylaw, more
specifically by deleting Section 4.133, Paragraph 11 and
renumbering paragraph 12 through 23 to read 11 through 22
respectively.
Planning Board
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
Planning Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
41
AT'I'E~T:
ARTICLR 36. A~m~D~T TO ZONING BYLAW - SECTION 4.122. To
see if the Town will vote to amend the Zoning Bylaw, more
specifically Section 4.122, Paragraph 6.b by adding the following
language (that which is underlined):
bo
On any lot of at least three (3) acres, the keeping of ~
total of not more than three (3) of any kind or assortment
of animals or birds in addition to the household pets of a
family living on such lot, and for each additional acre of
lot size to five (5) acres, the keeping of one additional
animal or bird; but not the keeping of any animals, birds or
pets of persons not resident on such lot.
Planning Board
Board of Selectmen Recow~endation: Favorable Action.
Planning Board Reco,/~nendation: Favorable Action.
Planning Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED TO ADOPT THE ARTICLE YES..151 NO..15
42
ATTEST:.
A True Co~l'
Town Clerk
ARTICLR 37. A~ND~ TO ZONING BYLAW - SECTION 2.22.1 - To
see if the Town will vote to amend the .Zoning Bylaw by deleting
Section 2.22.1, Family Suite, as it is repetitive of Section
2.37.1, which was approved at the May, 1987, Town Meeting and
approved by the Attorney General.
Planning Board
Board of Selectmen Reco,meendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
Planninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
ARTICLR 38. AMENDMENT OF ZONING BYLAW. To see if the Town
will vote to amend its Zoning Bylaws by changing the zoning map
of the Town from R-2 to I-1 for the hereinafter described parcel
of land.
That portion of Parcel 75 and Parcel 80 on the current North
Andover Assessors's Map 25, which is Southerly of the present
zoning line. Said parcels in their entirety are shown to contain
31.23 acres. The portion of the Parcel that is presently zoned
R-2 contains approximately 8.25 acres. The portion that is
Southerly of the present zoning line is generally bounded and
described according to said Assessors's Map as follows:
EASTERLY:
SOUTHERLY:
EASTERLY:
SOUTHERLY:
WESTERLY:
SOUTHERLY:
WESTERLY:
NORTHERLY:
By land of ARC Corporation and land of
Alison J. Novello;
by land of Alison J. Novello;
by land of Alison J. Novello;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations; and
by other land of Business Park Trust and land
of WOR Associates Limited Partnership.
Pl~nningBoard
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recouuaendation: To be made at Town Meeting.
Favorable Action. 4/29/93
SEE MAP IN THE HANDOUT
Planning Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED TO ADOPT THE ARTICLE YES..159 N0..30
44
ARTICLR 39. 'A~RN-DNRNT ZONING BYLAW AND MAP SECTION
4.137. To see if the Town will vote to amend the Zoning Bylaw and
Zoning Map, Section 4.137, Flood Plain District to read as
follows:
1. Flood Plain District: The Flood Plain District is herein
established as an overlay district. The underlying permitted
uses are allowed provided that they meet the Massachusetts State
Building Code, Section 2102, "Flood Resistant Construction." The
Flood Plain District includes all special flood hazard areas
designated as Zone A, Al-30 on the North Andover Flood Insurance
Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, dated
June 2, 1993 on file with the Town Clerk, Planning Board,
Conservation Commission, and Building Inspector. These maps, as
well as the accompanying North Andover Flood Insurance Study, are
incorporated herein by reference.
2.
Purpose: The purposes of the Flood Plain District are:
a. Ensure public safety through reducing the threats to
life and personal injury.
b. Eliminate new hazards to emergency response officials;
c. Prevent the occurrence of public emergencies resulting
from water quality, contamination, and pollution due to
flooding;
d. Avoid the loss of utility services which if damaged by
flooding would disrupt or shut down the utility network
and impact regions of the community beyond the site of
flooding;
e. Eliminate costs associated with the response and cleanup
of flooding conditions;
f. Reduce damage to public and private property resulting
from flooding waters~
Base Flood Elevation and Floodway Data
a. Floodway Data. In Zone A, Al-30, and AE, along
watercourses that have not had a regulatory floodway
designated, the best available Federal, State, local, or
other floodway data shall be used to prohibit
encroachments in floodways which would result in any
increase in flood levels within the community during the
occurrence of the base flood discharge.
b. Base Flood Elevation Data. Base flood elevation data is
required for subdivision proposals or other developments
greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
Notification of Watercourse Alteration: Notify in a
riverine situation, the following of any alteration or
relocation of a watercourse:
45
a. Adjacent Communities
b. NFIP State Coordinator
Massachusetts Office of Water Resources
100 Cambridge Street
Boston, MA 02202
c. NFIP Program Specialist FEMA Region I, Rm. 462
J.W. McCormack Post Office & Courthouse
Boston, MA 02109
Existing Regulations: Ail development in the District
including structural and non-structural activities whether
permitted by right or by special permit must be in
compliance with the following:
a. Section of the Massachusetts State Building Code which
addresses floodplain and coastal high hazard areas
(currently 780 CMR 2102.0, "Flood Resistant
Construction" );
b. Wetlands Protection Regulations, Department of
Environmental Protection (DEP) (currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 302 CMR
6.00);
d. Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
e. Any variances from the provisions and requirements of
the above referenced state regulations may only be
granted in accordance with the required variance
procedures of these state regulations.
Development Regulations: Within Zone A of the Flood Plain
District, where base flood elevation is not provided on the
FIRM, the applicant shall obtain any existing base flood
elevation data and it shall be reviewed by the Building
Inspector for its reasonable utilization toward meeting the
elevation or flood-proofing requirements, as appropriate, of
the State Building Code. In the floodway, designated on the
Flood Boundary and Floodway Map, the following provisions
shall apply:
a. Ail encroachments, including fill, new construction,
substantial improvements to existing structures, and
other development are prohibited unless certification by
a registered professional engineer is provided by the
applicant demonstrating that such encroachments shall
not result in any increase in flood levels during the
occurrence of the 100 year flood.
b. Any encroachment meeting the above standard shall comply
with the floodplain requirements of the State Building
Code.
46
Ail subdivision proposals must be reviewed to assure that:
a) such proposals minimize flood damage;
b) all public utilities and facilities are located
and constructed to minimize or eliminate flood
damage; and
c) adequate drainage is provided to reduce exposure
to flood hazards.
5. Permitted Uses
The following uses on low flood damage potential and causing no
obstructions to flood flows are encouraged provided they are
require
permitted in the underlying district and they do not
structures, fill, or storage of materials or equipment:
a. Agricultural uses such as farming, grazing, truck
farming, horticulture, etc.
b. Forestry and nursery uses.
c. Outdoor recreational uses, including fishing, boating,
play areas, etc.
d. Conservation of water, plants, wildlife.
e. Wildlife management areas, foot bicycle and/or horse
paths.
f. Temporary non-residential structures used in connection
with fishing, growing, harvesting, storage, or sale of
crops raised on the premises.
g. Buildings lawfully existing prior to the adoption of
these provisions.
Planning Board
Board of Selectmen Recommendation:
To be made at Town Meeting.
Planning Board Recom~aendation: Favorable Action.
Planninq Board Motion
~OVE to see if the Town will vote to adopt the article as printed
in the warrant with the following changes:
Revise second sentence of Section 1. Flood Plain District to
read:
The underlying permitted uses are allowed provided that they meet
the Massachusetts State Building Code, Section 2102, "Flood
Resistant Construction" and any other applicable local, state, or
federal requirements.
Revise third sentence by striking the term Al-30, and inserting
the terms:
47
A_E, AH, AO, and A99
Revise Section 3.A Floodway Data to read as follows:
In Zone A, AH~ AO, A99, and AE along watercourses that have not
had a regulatory floodway designated, the best available federal,
state, local or other floodway data as determined by the Building
Inspector, in consultation with the Division of the Department of
Public Works, shall be used to prohibit encroachment in floodways
which would result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
Inserting Section 3.C Flood Plain Determination
3.C Flood Plm~ Deter,,,~nmt/onm. Areas desiqnated as flood plain
on the North Andover Flood Insurance Rate Maps may be determined
to be outside the flood plain district by the Buildinq Inspector,
in consultation with the Divison of Public Works, if an accurate
topoqraphic and property line survey of the area conducted by a
reqistered professional enqineer or land surveyor shows that the
flood plain contour elevation does not occur in any area of
proposed buildinqs, structures, improvements, excavation,
fillinq, pavinq, or other work activity. The person requestinq
the determination shall provide any other information deemed
necessary by the Buildinq Inspector of the Division of Public
Works to make that determination. If the Buildinq Inspector, in
consultation with the Division of Public Works, determines that
the Flood Insurance Rate Maps are in error, the subject area
shall not be requlated as occurrin~ within the Flood Plain
District, and any such determination shall be noted on the Flood
Insurance Rate Maps. Nothinq in this section shall prohibit the
Conservation Commission, Board of Health, or other Town officials
or board from makinq non-zoninq determinations of the flood plain
or performinq their official duties.
Replace the first sentence in Section 4 Notification of
Watercourse Alteration to read:
If a landowner or project proponent proposes to alter or relocate
any watercourse, that person shall notify the followinq parties
and provide evidence of such notification to every Town board or
official who has jurisdiction over such alteration or relocation
prior to or at the time of applyin~ for any approval that is
required to perform such alteration or relocation:
Renumber Section 3. Existing Regulations to read Section 5
Renumber Section 4. Development Regulations to read Section 6
48
Revise new Section 6. Development Regulations first sentence to
read:
Notwithstanding the provisions of Section 3.B of this By-law,
within Zone A of the Flood Plain District where base flood
elevation is not provided on the FIRM, the applicant shall
obtain any existing base flood elevation data and it shall be
reviewed by the Building Inspector, in conjunction with the
Division of Public Works, for its reasonable utilization towards
meeting the elevation or flood-proofing requirements, as
appropriate, of the State Building Code.
Revise paragraph 6.a to read:
Ail encroachments, including fill, new construction improvements,
to existing structures, and other developments are prohibited
unless certification by a registered professional engineer is
provided by the applicant demonstrating that such encroachments
shall not result in any increase in flood levels during the
occurrence of the 100 year flood, and the Building Inspector , in
conjunction with the Director of the Divison of Public Works,.
concurs with such certification.
Revise third paragraph of Section 6. Development Regulations to
read as follows:
Ail preliminary and definitive subdivision plans filed in
accordance with G.L. Chapter 41, Sections 81S and 8lTL.
respectively shall be designed so that: a) such proposals
minimize flood damage; b) all public utilities and facilities are
located and constructed to minimize or eliminate flood damage;
and c) adequate drainage is provided to reduce exposure to flood
hazards.
Renumber Section 5. Permitted Uses to read Section 7.
SEE~TT~CHMENT~A
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
49
Revise
read:
second
ATTACMNRNT A
sentence of Section 1.~ Flood Plain District to
The underlying permitted uses are allowed provided that they
meet the Massachusetts State Building Code, Section 2102,
"Flood Resistant Construction" add any other applicable
local, state, or federal requirements.
Revise third sentence by striking the term Al-30, and inserting
the terms:
AE, AH, AO, and A99
Revise Section 3.A Floodway Data to read as follows:
In Zone A, AH, AO, A99, and AE along watercourses that have
not had a regulatory floodway designated, the best available
federal, state, local or other floodway data as determined
bv the Buildina Inspector, in consultation with the Director
9f the Division of Public Work~, shall be used to prohibit
encroachment in floodways which would result in any increase
in flood levels within the community during the occurrence
of the base flood discharge.
Inserting Section 3.C Flood Plain Determination
~.C Flood Plain Determinations. Areas desiqnated as flood
Dlain on the North Andover Flood Insurance Rate Maps may b~
determined to be outside the flood plain district by the
Buildinq Inspector, in consultation with the Director of the
Division of Public Works, if an accurate topoqraphic and
Property line survey of" the area conducted by a reqistered
professional enqineer or land surveyor shows that the flood
plain contour elevation does not occur in any area of
PrOPOSed buildinqs, str~ctures, improvements, excavation,
fillina. Davinq, or other work activity. The person
requestinq the determination shall provide any other
information deemed necessary bv the Buildinq Inspector or
Director of the Division of Public Works to make that
determination. If the Buildin~ Inspector, in consultation
With the Director of the Division of Public Works.
determines that the Flood Insurance Rate Maps are in error,
~he subject area shall not be reaulated as occurrin~ within
the Flood Plain District, and any such determination shall
be noted on the Flood Insurance Rate Maps. Nothinq in this
~ection shall prohibit the Conservation Commission. Board Q%
Health, or other Town officials or board from makinq non-
zoninq determinations of the flood plain or performinq their
9fficial duties.
2~
ARTIC~.R 40. AMENDMENT OF ZONING BYLAW - POLITICAL SIGNS.
TO see if the Town will vote to amend the Zoning Bylaw by
removing the following paragraph, as it may relate to the
regulation of Signs and outdoor Lighting:
Paragraph 6.7.6
No political sign shall be maintained or
erected in the Town
and replacing it with the following:
Temporary signs pertaining to a candidate or ballot questions
appearing on the ballot of an election duly called in the Town of
North Andover shall require no sign permit and shall be allowed
in all zoning districts. Such signs permitted by this Bylaw:
shall only be permitted on private property;
shall not exceed six .(6) square feet in area per sign and
shall not exceed in aggregate twenty-four (24) square feet
in area per lot;
shall not be higher than three (3) feet above ground level;
shall be stationary and shall not be illuminated;
shall be erected no sooner than thirty (30) days prior to
the date of the election and shall be removed within three
(3) days after the election.
Planning Board
Board of Selectmen Reco~uendation: To be made at Town Meeting.
Unfavorable Action - 4/26/93
Planning Board Reco.~endation: Favorable Action.
Planning Board Motion
MOVE that the Town vote to delete paragraph 6.7.6 from the Zoning
Bylaw and replace with a new paragraph 6.7.6 to read, as follows:
"Temporary signs pertaining to a candidate or ballot
questions appearing on the ballot of any election duly
called in the Town of North Andover shall require no
sign permit and shall be allowed in all zoning
districts. Such signs permitted by this Bylaw:
a. shall only be permitted on private property;
b. shall not exceed six (6) square feet in area per
sign and shall not exceed in aggregate twenty-four
(24) square feet in area per lot;
c. shall not be higher than three (3) feet above
~round level from the bottom of such sign;
d. shall be stationary and shall not be illuminated;
50
e o
shall be erected no sooner than ~thirty (30) days
prior to the date of the election and shall be
removed within three (3) days after the election.
VOTED TO ADOPT THE ARTICLE YES..134 NO..19
51
ARTIC~ 40. AMENDMENT OF ZONING BYLAW - POLITICAL SIGNS.
To see if the Town will vote to amend the Zoning Bylaw by
removinG the following paragraph, as it may relate to the
regulation of SiGns and outdoor Lighting:
Paragraph 6.7.6 No political sign shall be maintained or
erected in the Town
and replacing it with the following:
Temporary signs pertaining to a candidate or ballot questions
appearing on the ballot of an election duly called in the Town of
North Andover shall require no sign permit and shall be allowed
in all zoning districts. Such signs permitted by this Bylaw:
so
shall only be permitted on private property;
shall not exceed six (6) square feet in area per sign and
shall not exceed in aGGreGate twenty-four (24) square feet
in area per lot;
shall not be higher than three (3) feet above ground level;
shall be stationary and shall not be illuminated;
shall be erected no sooner than thirty (30) days prior to
the date of the election and shall be removed within three
(3) days after the election.
Planning Board
Board of Selectmen Reco,u.~endation:
To be made at Town Meeting.
Unfavorable Action - 4/26/93
Planning Board Recommendation: Favorable k~tion.
Planninq Board Motion
MOVE that the Town vote to delete paragraph 6.7.6 from the Zoning
Bylaw and replace with a new paragraph 6.7.6 to read, as follows:
"Temporary signs pertaining to a candidate or ballot
questions appearing on the ballot of any election duly
called in the Town of North Andover shall require no
sign permit and shall be allowed in all zoning
districts. Such signs permitted by this Bylaw:
a. shall only be permitted on private property;
b. shall not exceed six (6) square feet in area per
sign and shall not exceed in aggregate twenty-four
(24) square feet in area per lot;
c. shall not be higher than three (3) feet above
~zound level from the bottom of such si~n;
d. shall be stationary and shall not be illuminated;
50
eo
shall be erected no sooner than ~thirty (30) days
prior to the date of the election and shall be
removed within three (3) days after the election.
VOTED TO ADOPT THE ARTICLE YES..134 NO..19
51
Copy
CI~
ARTIC~ 66. REZONE OSGOOD STREET. To see if the Town
will vote to rezone a parcel of land. located at 1070 Osgood
Street, shown as lot #47 on Assessors Map #35, containing 2.16
acres (also see deed book 1577 pages 216-219), from Industrial 2
Zone to Business 2 zone.
Richard A. Augeri & Others
Planning Board Recommendation:
Planninq Board Motion
To be made at Town Meeting.
Favorable Action. 4/20/93
MOVE the article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
87
A Tree Copy
To~n Cl~k
ARTIC~ 69. A~D~ND~ TO WETLANDS BYLAW. To see if the
Town will vote to amend Chapter 178 of the Code of North Andover,
the Wetlands Protection Bylaw, to re-number the existing Section
178.11 to become Section 178.12 and to add a new Section 178.11
entitled "Consultant Services Account". This new Section will
read:
Upon receipt of a permit application, the Commission is
authorized to require an applicant to pay a fee for the
reasonable costs and expenses borne by the Commission for
specific expert engineering and other consultant services deemed
necessary by the Commission to come to a final decision on the
application. This fee is called the consultant fee. The
specific consultant services may include but are not limited to
resource area survey and delineation, analysis of resource area
values, including wildlife habitat evaluations, hydrogeologic and
drainage analysis, and Environmental or land use law.
The Commission may require the payment of the consultant fee
at any point in its deliberations prior to a final decision. The
applicant shall pay the fee to the town to be put into a
consultant services account of ~he Commission which may be drawn
upon the Commission for specific consultant services approved by
the Commission at one of its public meetings.
The exercise of discretion by the Commission in making its
determination to require the payment of a fee shall be based upon
its reasonable finding that additional information acquirable
only through outside consultants would be necessary for making an
objective decision.
The Commission shall return any unused portion of the
consultant fee to the applicant unless the Commission decides at
a public meeting that other action is necessary. Any applicant
aggrieved by the imposition of, or size of, the consultant fee,
or any act related thereto, may appeal according to the
provisions of the Massachusetts General Laws.
The maximum consultant fee charged to reimburse the
Commission for reasonable costs and expenses shall be according
to the following schedule:
Project Cost Maximum FEE
UP TO
$ 500,000 $ 2,500
$ 500,001 $ 1,000,000 $ 5,000
$ 1,000,001 $ 1,500,000 $ 7,500
$ 1,500,001 $ 2,000,000 $ 10,000
Each additional $500,000 project cost increment (over
$ 2,000,000) shall be charged at an additional $ 2,500 maximum
fee per increment. The project cost means the estimated, entire
90
cost of the project including, but not limited to, building
construction, site preparation, landscaping, and all site
improvements. The consultant fee shall be paid pro rata for that
portion of the project cost applicable to those activities within
resource areas protected by this bylaw. The project shall not be
segmented to avoid being subject to the consultant fee. The
applicant shall submit estimated project costs at the
Commission's request, but the lack of such estimated project
costs shall not avoid the payment of the consultant fee.
Conservation Commission
Board of Selectmen Recommendation: To be made at Town Meeting.
Unfavorable Action - 4/26/93
Planning Board Reco...endation:
To be made at Town Meeting.
FaVorable Action with amendments.
These amendments can be found in
the MOTION. 4/29/93
Conservation Com.dssion Motion
MOVE to see if the Town will vote to adopt this bylaw with the
following language:
Delete "Each additional $500,000 project cost increment (over
$2,000,000) shall be charged at an additional $2,500 maximum fee
per increment."
and insert at the end of the article:
"The maximum fee required under this authority will be $10,000
per project. The specific consultation services will be limited
to review of drainage analysis, storm water management, water
quality, wetland delineation, wildlife habitat evaluation, and
erosion control measures. These services will only be required
when the applicant and the Commission cannot come to mutual
agreement on a critical issue which requires technical knowledge
or expertise not available to the Commission. The determining
use of these funds will be reviewed and approved based on the
specific need for outside consultation by the Director of the
Division of Planning & Community Development."
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
91
SCOTT HARSHBARGER
(6171
August 27, 1993
Daniel Long
Town Clerk
120 Main Street
North Andover, Massachusetts
01845
Dear Mr. Long:
I regret that I must enclose the amendment to the zoning
by-laws adopted under article 40 of the warrant for the North
Andover Annual Town Meeting that convened May 3, 1993, with the
disapproval of this Office endorsed thereon.
Article 40 proposes to allow, with certain restrictions,
"the display of [t]emporary signs pertaining to a candidate or
ballot questions appearing on the ballot of an election." At
the same time, the by-law prohibits the display of any other
form of noncommercial message signs.
Regulation of signs is permissible for aesthetic purposes
under local police power authority providing -- the by-law
constitutes a legitimate time, place, and manner restriction;
its restrictions are "content neutral"; it leaves open ample
alternative channels of communication; and the regulations are
no more restrictive than necessary to advance the
municipality's interests. Tauber v. Town of Longmeadow, 695
F. Supp. 1358, 1360 (D. Mass. 1988).
This by-law, as adopted, clearly fails the "content
neutral" test. It favors one form of noncommercial speech,
political speech, over other forms of nonco~m~Lercial speech.
Yet, the Town has not demonstrated, nor could it demonstrate,
any compelling local interest that would be served by this
regulation. See Boos v. Barry, 485 U.S. 312, 321 (1988)
(legislation focusing only on controlling the content of speech
facially violative of the First Amendment). Article 40 is
unconstitutional on its face. Thus, it must be disapproved.
We note that the Town's present sign regulations prohibit
outright the erection of all political signs. We call to the
Town's attention that such a restriction is clearly
unconstitutional. See Tauber v. Town of LonQmeadow, 695 F.
Supp. 1358, 1360 (D. Mass. 1988). Moreover, this prohibition
is especially egregious considering that the zoning by-laws
allow for the display of many kinds of co~,~Lercial message
signs. "By giving more protection to commercial speech than to
noncommercial speech, the by-law inverts a well-established
constitutional principle. The Supreme Court has examined this
very situation and declared that such a law is unconstitutional
on its face." Matthews v. Town of Needham, 764 F.2d 58, 61
(lst Cir. 1985), citing Metromedia v. City of San Diego, 455
U.S. 490, 512-513 (1981). We therefore suggest that the Town
make no effort to enforce the provisions of Paragraph 6.7.6 of
the zoning by-laws as presently in effect.
Ve, z~truly yours,
Anthon~'E. Penski
Assistant Attorney General
Government Bureau
(617) 727~2200, ext. 2082
Enclosure
AEP/BB2/5381
Boston, Massachusetts
The fore~oin~ amendment to the zoning by-laws adopted under
article 40 of the warrant for the North Andover Annual Town
Meetin~ that convened May 3~ 1993, is hereby disapproved.
August 27, 1993
SCOTT HARSHBARGER
ATTORNEY GENERAL
Anthony E.~-Pensk'
Assistant Attorney General
Boston, Massachusetts
The foregoing amendments to the zoning by-laws adopted under
articles 33, 34, 35, 36, 3?, 38, 39 and 66 of the warrant for the
North Andover Annual Town Meeting that convened May 3, 1993, are
hereby approved.
August 27, 1993
SCOTT HARSHBARGER
ATTORNEY GENERAL
Anthony E.~P~nski
Assistant Attorney General
Boston, Massachusetts
The within zoning maps pertaining to articles 38 and 66 of the
warrant for the North Andover Annual Town Meeting that convened
May 3~ 19§3~ are hereby approved.
August 27, 1993
SCOTT HARSHBARGER
Anthony E.~-~enski
Assistant Attorney General
SCOTt' HARSHBARGER
A'fl'ORNEY GEHERAL
(517) 727-2200
Town Clerk
Dear Sir/Madam:
Annual/~Town Meeting
held
We cannot complete our review of the by-laws for your town
until we receive the following information:
~'"-~Two certified ~/copies each of Article(s)10:2'e'~q!q24~?
containing (a) the complete text of the Article, including
any amendments, (b) the final vote count taken, and (c) the
date of the town meeting action.
One/Two certified copy/copies of the zoning map(s) showing
the proposed changes in color and the Article(s) to which it
applies.
A completed Form
A completed Form 4, with attachments
(full warrant including Officer's Return of Service).
A completed Form 6.
Please certify the enclosed maps as true copies.
Please forward this information at your earliest
convenience. Thank you for your assistance.
VerYcrmig~~..~tr~ly~ours,/~~Stafford
Para, gal, Government Bureau
Dated: June 7, 1993 (BLT) 727-2200 ext' 2051
i~TICI~ 33. ~IODIFICATION OF ZONING BYI~N, SECTION 8.5. To
see if the Town will vote to amend its Zoning Bylaw Section 8.5,
Planned Residential Development (PRD), as follows:
- Renumber paragraph 8.5 (6) D to 8.5 (6) C
Redefine "Buffer Zone" in the renumbered paragraph 8.5 (6) C
to read:
Buffer Zone:
(1)
A fifty-foot border from the parcel boundary
running the full length of the perimeter of the
parcel. No structure shall be built within the
Buffer Zone. Pre-existing structures may be
allowed to remain, if approved as part of this PRD
Special Permit granted by the Planning Board. The
Buffer Zone shall remain in its natural state
except;
trees and/or shrubs may be added to improve the buffer
characteristic of the Zone, and
(2) roadways perpendicular or nearly perpendicular to the
Zone may be installed to access the Site, if approved
as part of this PRD Special Permit granted by the
Planning Board. Such roadways shall be minimized
within the context of sound subdivision planning
practices.
Planning Board
Board of Selectmen Reco%m,~endation: Favorable Action.
Planning Board Reco,m,endation: Favorable Action.
Plarm, inq Board Motion
MOVE the Town vote to adopt the article, as printed in the
warrant, with the following changes: Delete "Renumber paragraph
8.5 (6) D to 8.5 (6) C." and "Pre-existing structures shall be
allowed to remain, if approved, as part of this P.R.D. Special
Permit granted by the Planning Board".
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
39
ARTICLE 34. A~ND~ TO ZONING BYLAW - SECTION 4.132. TO
see if the Town will vote to amend the Zoning Bylaw, more
specifically by deleting Section 4.132, Paragraph 11 and
renumbering paragraph 12 through 17 to read 11 through 16
respectively.
Planning Board
Board of Selectmen Reco=~endation: Favorable Action.
Planning Board Reco,~,endation: Favorable Action.
Pl,an____ninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE AETICLE.
40
ARTICT~ 35. AMENDNRNT TO ZONING BYLAW - SECTION 4.133. To
see if the Town will vote to amend the Zoning Bylaw, more
specifically by deleting Section 4.133, Paragraph 11 and
renumbering paragraph 12 through 23 to read 11 through 22
respectively.
Planning Board
Board! of Selectmen Recommendation: Favorable Action.
Planning Board Recon~nendation: Favorable Action.
Planninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
41
ARTIC~ 36. AMENDMENT TO ZONING BYI~ - SECTION 4.122. To
see if the Town will vote to amend the Zoning Bylaw, more
specifically Section 4.122, ParaGraph 6.b by addinG the followinG
language (that which is underlined):
bo
On any lot of at least three (3) acres, the keeping of A
~otal of not more than three (3) of any kind or assortment
of animals or birds in addition to the household pets of a
family livinG on such lot, and for each additional acre of
lot size to five (5) acres, the keepinG of one additional
animal or bird; but not the keepinG of any animals, birds or
pets of persons not resident on such lot.
Planning Board
Board of Selectmen Recommendation: Favorable Action.
Planning Board Recommendation: Favorable Action.
Planning Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED TO ADOPT THE ARTICLE YES..151 NO..15
42
ARTIC~.R 37. AMRND~TO ZONING BYLAW - SECTION 2.22.1 - To
see if the Town will vote to amend the Zoning Bylaw by deleting
Section 2.22.1, Family Suite, as it is repetitive of Section
2.37.1, which was approved at the May, 1987, Town Meeting and
approved by the Attorney General.
Planning Board
Board of Selectmen Recommendation: Favorable Action.
Planning Board Reco.~endation: Favorable Action.
Planninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
43
ARTIC~ 38. AMENDME~F~ OF ZONING BI~x~%W. To see if the Town
will vote to amend its Zoning Bylaws by changing the zoning map
of the Town from R-2 to I-1 for the hereinafter described parcel
of land.
That portion of Parcel 75 and Parcel 80 on the current North
Andover Assessors's Map 25, which is Southerly of the present
zoning line. Said parcels in their entirety are shown to contain
31.23 acres. The portion of the Parcel that is presently zoned
R-2 contains approximately 8.25 acres. The portion that is
Southerly of the present zoning line is generally bounded and
described according to said Assessors's Map as follows:
EASTERLY:
SOUTHERLY:
EASTERLY:
SOUTHERLY:
WESTERLY:
SOUTHERLY:
WESTERLY:
NORTHERLY:
By land of ARC Corporation and land of
Alison J. Novello;
by land of Alison J. Novello;
by land of Alison J. Novello;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations;
by land of the Trustees of Reservations; and
by other land of Business Park Trust and land
of WOR Associates Limited Partnership.
Planning Board
Board of Selectmen Recommendation: Favorable Action.
Planning Board Reco~eendation: To be made at Town Meeting.
Favorable Action. 4/29/93
SEE MAP IN THE HANDOUT
Planninq Board Motion
MOVE to adopt this article, as printed in the warrant.
VOTED TO ADOPT THE ARTICLE YES..159 N0,.30
ARTIC~ 40. AMRND~T OF ZONING BYLAW - POLITICAL SIG~S.
To see if the Town will vote to amend the Zoning Bylaw by
removing the following paragraPh, as it may relate to the
regulation of Signs and outdoor Lighting:
Paragraph 6.7.6
No political sign shall be maintained or
erected in the Town
and replacing it with the following:
Temporary signs pertaining to a candidate or ballot questions
appearing on the ballot of an election duly called in the Town of
North Andover shall require no sign permit and shall be allowed
in all zoning districts. Such signs permitted by this Bylaw:
ao
shall only be permitted on private property;
shall not exceed six (6) square feet in area per sign and
shall not exceed in aggregate twenty-four (24) square feet
in area per lot;
shall not be higher than three (3) feet above ground level;
shall be stationary and shall not be illuminated;
shall be erected no sooner than thirty (30) days prior to
the date of the election and shall be removed within three
(3) days after the election.
Planning Board
Board of Selectmen Reco,,,,endation: To be made at Town Meeting.
Unfavorable Action - 4/26/93
Planning Board Recommendation: Favorable Action.
Planning Board Motion
MOVE that the Town vote to delete paragraph 6.7.6 from the Zoning
Bylaw and replace with a new paragraph 6.7.6 to read, as follows:
"Temporary signs pertaining to a candidate or ballot
questions appearing on the ballot of any election duly
called in the Town of North Andover shall require no
sign permit and shall be allowed in all zoning
districts. Such signs permitted by this Bylaw:
a. shall only be permitted on private property;
b. shall not exceed six (6) square feet in area per
sign and shall not exceed in aggregate twenty-four
(24) square feet in area per lot;
c. shall not be higher than three (3) feet ~hove
ground level from the bottom of such sign;
d. shall be stationary and shall not be illuminated;
5O
shall be erected no sooner than thirty (30) days
prior to the date of the election and shall be
removed within three (3) days after the election.
VOTED TO ADOPT THE ARTICLE YES..134 NO..19
51
ARTICLE 66. REZONE OSGOOD STREET. To see if the Town
will vote to rezone a parcel of land located at 1070 Osgood
Street, shown as lot #47 on Assessors Map #35, containing 2.16
acres (also see deed book 1577 pages 216-219), from Industrial 2
Zone to Business 2 zone.
Richard A. Augeri & Others
Planning Board Recou.,~endation:
Pl.an_ninq Board Motion
To be made at Town Meeting.
Favorable Action. 4/20/93
MOVE the article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
87
ARTICLE 69. AMEND~ TO WETLANDS BYLAW. To see if the
Town will vote to amend Chapter 178 of the Code of North Andover,
the Wetlands Protection Bylaw, to re-number the existing Section
178.11 to become Section 178.12 and to add a new Section 178.11
entitled "Consultant Services Account" This new Section will
read:
Upon receipt of a permit application, the Commission is
authorized to require an applicant to pay a fee for the
reasonable costs and expenses borne by the Commission for
specific expert engineering and Other consultant services deemed
necessary by the Commission to come to a final decision on the
application. This fee is called the consultant fee. The
specific consultant services may include but are not limited to
resource area survey and delineation, analysis of resource area
values, including wildlife habitat evaluations, hydrogeologic and
drainage analysis, and Environmental or land use law.
The Commission may require the payment of the consultant fee
at any point in its deliberations prior to a final decision. The
applicant shall pay the fee to the town to be put into a
consultant services account of the Commission which may be drawn
upon the Commission for specific consultant services approved by
the Commission at one of its public meetings.
The exercise of discretion by the Commission in making its
determination to require the payment of a fee shall be based upon
its reasonable finding that additional information acquirable
only through outside consultants would be necessary for making an
objective decision.
The Commission shall return any unused portion of the
consultant fee to the applicant unless the Commission decides at
a public meeting that other action is necessary. Any applicant
aggrieved by the imposition of, or size of, the consultant fee,
or any act related thereto, may appeal according to the
provisions of the Massachusetts General Laws.
The maximum consultant fee charged to reimburse the
Commission for reasonable costs and expenses shall be according
to the following schedule:
project Cost Maximum FEE
UP TO
$ 500,000 $ 2,500
$ 500,001 $ 1,000,000 $ 5,000
$ 1,000,001 $ 1,500,000 $ 7,500
$ 1,500,001 $ 2,000,000 $ 10,000
Each additional $500,000 project cost increment (over
$ 2,000,000) shall be charged at an additional $ 2,500 maximum
fee per increment. The project cost means the estimated, entire
90
cost of the project including, but not limited to, building
construction, site preparation, landscaping, and all site
improvements. The consultant fee shall be paid pro rata for that
portion of the project cost applicable to those activities within
resource areas protected by this bylaw. The project shall not be
segmented to avoid being subject to the consultant fee. The
applicant shall submit estimated project costs at the
Commission's request, but the lack of such estimated project
costs shall not avoid the payment of the consultant fee.
Conservation Commission
Boardof Selectmen Reco..,.endation: To be made at Town Meeting.
Unfavorable Action - 4/26/93
Planning Board Reco,,.,~ndation:
To be made at Town Meeting.
Favorable Action with amendments.
These amendments can be found in
the MOTION. 4/29/93
Conservation Co,,~,~ission Motion
MOVE to see if the Town will vote to adopt this bylaw with the
following language:
Delete "Each additional $500,000 project cost increment (over
$2,000,000) shall be charged at an additional $2,500 maximum fee
per increment."
and insert at the end of the article:
"The maximum fee required under this authority will be $10,000
per project. The specific consultation services will be limited
to review of drainage analysis, storm water management, water
quality, wetland delineation, wildlife habitat evaluation, and
erosion control measures. These services will only be required
when the applicant and the Commission cannot come to mutual
agreement on a critical issue which requires technical knowledge
or expertise not available to the Commission. The determining
use of these funds will be reviewed and approved based on the
specific need for outside consultation by the Director of the
Division of Planning & Community Development."
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
91
ARTIC~ 42. GARBAGE, RUBBISH & REFUSE. To see if the Town
will vote to add the following sections to Chapter 115 of the
North Andover By-laws "Garbage, Rubbish & Refuse".
115-5.
Refuse Restricted Activity. To be in compliance with
the State solid waste facility regulation 310 CMR 19.017
& DPW's Guidance Document #7 (DSWM Guidance SWM-7-9/92),
the Town of North Andover enacts a mandatory bylaw,
which states as of April 1, 1993, the following will not
be allowed in the garbage, rubbish & refuse/trash:
Glass Containers:
Glass bottles and jars (soda-lime glass) but
excluding light bulbs, pyrex cookware, plate
glass, drinking glasses, windows, windshields
and ceramics:
Metal Containers:
Yard Waste:
Leaves:
Lead Acid/
Batteries:
White Goods:
Whole Tires:
Aluminum, steel or bi-metal beverage and food
containers, including scrap metal.
Grass clippings, weeds, garden materials,
shrub trimmings, and brush 1" or less in
diameter (excluding diseased plants);
Deciduous and coniferous leaf deposition;
Lead-acid batteries used in motor vehicles or
stationary applications;
Large appliances including: refrigerators,
freezers, dish washers, clothes washers,
clothes dryers, gas or electric ovens and
ranges, and hot water heaters;
Unshredded motor vehicle tires of all types.
(A shredded tire is a tire which has been
cut, sliced, or ground into four or more
pieces such that the circular form of the
tire has been eliminated.)
115-6. Penalties
Any or all of the items listed in 115-5 commingled with garbage,
rubbish, or refuse will be reason for the Division of Public
53
Works or its agents to refuse to pick up such commingled items
from that dwelling.
George Perna, Director, Division of
Public Works
Board of Selectmen Recommendation: To be made at Town Meeting.
Favorable Action. - 4/26/93
Board of Selectmen Motion
MO~E to adopt, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
54
ARTIC~ 41. A~RNIX%~%~C TO GENERAL BYLAWS - GASOLINE
STATIONS. To see if the Town will vote to amend Chapter 117-2 of
the General By-laws of the town, by deleting the existing Section
117-2 in its entirety and substituting the following:
Gasoline stations may be operated as either full
service, where gasoline is pumped by employees holding
the nozzle; self-service where gasoline is generally
pumped by the customer holding the nozzle; or a
combination of full-service and self-service, provided
that such gasoline stations meet all applicable
requirements of law.
E. ~affner Fournier a~d Others
Board of Selectmen Recommendation: Unfavorable Action.
Planning Board Reco-,,-endation: Favorable Action.
Citizen Petition Motion
Petitioner will MOVE the article.
VOTED TO ADOPT THE ARTICLE AS AMENDED.
YES..88 NO..61
AMENDMENT ATTACHED
52
ARTICLE 41 (AMENDMENT)
By adding to the last sentence after the word law, and
provided that in conjunction with self-service pumps or
islands an employee is on the premises to aid those in need
of assistance.
ARTICLE 28. /%~m~D~ TO BUILDING PER~IT FEES. To see if
the Town will vote to amend Section 77-1 of the Bylaw of the Town
of North Andover "Building Construction" by adding Paragraph E,
the following:
Building Permit Fees for municipally owned buildings and
structures may be waived only by the Board of Selectmen. The
amended Paragraph E will read as follows:
"Building permit fees shall not be required for
municipally owned buildings and structures. Building
Permit fees for municipally owned buildings and
structures may be waived only by the Board of
Selectmen. In all cases fees will be required for
mechanical and utility permits."
Division of Planning & Community
Development
Board of Selectmen Recommendation: Favorable Action.
Advisory Board Recommendation: Favorable Action.
AdvisoryBoard Motion
MOVE to adopt this article, as printed in the warrant.
VOTED UNANIMOUS TO ADOPT AS AMENDED.
AMENDMENT ATTACHED.
34
ART. 28 (AMENDMENT)
Building permit fees shall be required for municipally
owned buildings and structures. Building permit fees for
buildings and structures wholly owned by the Town of North
Andover may be waived, in whole or in part, only by the Board
of Selectmen based on the Board's determination of the
benefits accruing to the town from such a waiver. In all cases
fees will be required for mechanical and utility permits.
ARTIC~ 16. ADOPT A BYLAW IN ACCORDANCE WITH THE
PROVISIONS OF M.G.L. CHAPTER 40, SECTION 57. To see if the Town
will vote to amend the Bylaw of the Town of North Andover by
adopting the following bylaw:
The tax collector or other municipal official responsible
for records of all municipal taxes, assessments, betterments
and other municipal charges, hereinafter referred to as the
tax collector, shall annually furnish to each department,
board, commission or division, hereinafter referred to as
the licensing authority, that issues licenses or permits
including renewals and transfers, a list of any person,
corporation, or business enterprise, hereinafter referred to
as the party, that has neglected or refused to pay any local
taxes, fees, assessments, betterments or other municipal
charges for not less than a twelve month period, and that
such party has not filed in good faith a pending application
for an abatement of such tax or a pending petition before
the appellate tax board.
The licensing authority may deny, revoke or suspend any
license or permit, including renewals and transfers of any
party whose name appears on said list furnished to the
licensing authority from the tax collector; provided,
however, that written notice is given to the party and the
tax collector, as required by applicable provisions of law,
and the party is given a hearing, to be held not earlier
than fourteen days after said notice. Said list shall be
prima facie evidence for denial, revocation or suspension of
said license or permit to any party. The tax collector
shall have the right to intervene in any hearing conducted
with respect to such license denial, revocation or
suspension. Any findings made by the licensing authority
with respect to such license denial, revocation or
suspension shall be made only for the purposes of such
proceeding and shall not be relevant to or introduced in any
other proceeding at law, except for any appeal from such
license denial, revocation or suspension. Any license or
permit denied, suspended or revoked under this Bylaw shall
not be reissued or renewed until the licensing authority
receives a certificate issued by the tax collector that the
party is in good standing with respect to any and all local
taxes, fees, assessments, betterments or other municipal
charges, payable to the municipality as the date of issuance
of said certificate.
Co
Any party shall be given an opportunity to enter into a
payment agreement, thereby allowing the licensing authority
to issue a certificate indicating said limitations to the
license or permit and the validity of said license shall be
conditioned upon the satisfactory compliance with said
agreement. Failure to comply with said agreement shall be
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grounds for the suspension or revocation of said license or
permit; provided, however, that the holder be given notice
and a hearing as required by applicable provisions of law.
do
The Board of Selectmen may waive such denial, suspension or
revocation if it finds there is no direct or indirect
business interest by the property owner, its officers or
stockholders, if any, or members of his immediate family, as
defined in section one of M.G.L. Chapter two hundred and
~sixty-eight in the business or activity conducted in or on
said property.
This bylaw shall not apply to the following licenses and
permits issued under the following M.G.L. Chapters: open
burning, section thirteen of chapter forty-eight; bicycle
permits, section eleven A of chapter eighty-five; sales of
articles for charitable purposes, section thirty-three of
chapter one hundred and one; children work permits, section
sixty-nine of chapter one hundred and forty-nine; clubs,
associations dispensing food or beverage licenses, section
twenty-one E of chapter one hundred and forty; dog licenses,
section one hundred and thirty-seven of chapter one hundred
and forty; fishing, hunting, trapping license, section
twelve of chapter one hundred and thirty-one; marriage
licenses, section twenty-eight of chapter two hundred and
seven and theatrical events, public exhibition permits,
section one hundred and eighty-one of chapter one hundred
forty.
Director of Finance
Board of Selectmen Reco,~.~Lendation: Favorable Action.
Advisory Board Recommendation: Favorable Action.
Advisory Board Motion
MOVE that the Town vote to adopt the article, as printed in the
warrant ,and to be included in the Code of North Andover under
Division 1, Part II Chapter 129 titled "Licenses and Permits".
VOTED UNANIMOUS TO ADOPT THE ARTICLE.
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