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Home My WebLink About2018-04-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES April 9, 2018 CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 6:30PM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Town Manager Andrew Maylor and Executive Assistant, Laurie Burzlaff. Seven members of the public were in attendance. EXECUTIVE SESSION: Executive session-M.G.L. Chapter 30A, §21(a) reason #3- To discuss strategy relating to Varsity Wireless Investors, LLC v. Town of North Andover, North Andover Planning Board Civil Action No. 18- CV- 10345, Lindauer v. Varsity Wireless Investors, LLC, et al. Land Ct. No. 18 MISC 000066, and to discuss strategy with respect to collective bargaining with Police Lieutenants Chris Nobile made a MOTION seconded by Rosemary Smedile that the Board of Selectmen enter into executive session pursuant to MGL Chapter 30A, §21(a), reason #3- To discuss strategy relating to Varsity Wireless Investors, LLC v. Town of North Andover, North Andover Planning Board Civil Action No. 18- CV- 10345, Lindauer v. Varsity Wireless Investors, LLC, et al. Land Ct. No. 18 MISC 000066 and to discuss strategy with respect to collective bargaining with police lieutenants. Chair DeCologero declared that the Board will reconvene in open session at the end of executive session. Roll call vote: Vaillancourt-yes; Kean-yes; Nobile-yes; Smedile-yes; DeCologero-yes. Motion approved 5-0. The Board returned to open session at 7:00PM PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Regina Kean, to approve the Open Session Minutes of March 26, 2018. Motion approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: MassDOT-Massachusetts Avenue project Included in your packet was a letter from the project manager for the MassDOT Mass Ave/Chickering Road Improvements Project. MassDOT representatives Kristen Hayden and Larry Cash gave a power point presentation showing how they addressed certain concerns of the Board. A raised crosswalk is not recommended due to emergency vehicle clearance and winter maintenance. A pedestrian crossing light similar to the one at Merrimack College cannot be installed because it would cause confusion to have at the intersection where cars are turning out of Adams Avenue onto Mass Ave. These types of crossings are only recommended at mid-road not near intersections. They will install flashing yellow pedestrian crossing signs. They have maximized the school zone so that cannot be extended. Citizen Petition- Traffic Calming Measures Karen Lauro of 595 Massachusetts Avenue gave a summary of the citizen petition she filed for traffic calming measures on Mass. Avenue (Article 22). FY19 Community Preservation Committee recommendations Community Preservation Committee chairman, John Simons, reviewed the projects CPC is recommending for approval at Town Meeting. Mr. Simons explained that they did not approve the for churches. A housing authority request for improvements was not approved and the committee instead is recommending funding a needs assessment so they can prioritize what is needed at the housing authority properties. The biggest project, the Recreation Complex, will be funded over three years and Mr. Simons indicated that there are enough funds available and they will not borrow to fund the project. Board of Selectmen Minutes April 9, 2018 2 FY19 Planning Board articles Eitan Goldberg explained the Town Meeting warrant articles sponsored by the Planning Board. Other communications and announcements th Town Manager, Andrew Maylor, indicated that during the week of April 30, the town will doing curbside pick-up of twigs and branches from the storm. Regina Kean indicated that they are working through issues with the traffic flow at Atkinson during construction and thanked the Town Manager for working to resolve the issue. CONSENT ITEMS: Request of the Festival Committee to use the Town Common on Sunday, May 20th from 6:00AM to 6:00PM, to close Mass. Ave. and Academy Road from Osgood Street to Academy Road from 7:00AM to 6:00PM and to waive all fees for the Annual Sheep Shearing Festival Jeff Coco of the Festival Committee requested approval to use the Town Common on Sunday, May 20, 2018 from 6:00AM to 6:00PM for the Sheep Shearing Festival and for the Board to waive all permit fees. They are also requesting that Massachusetts Avenue from Osgood Street to Academy Road by closed to traffic from 7:00AM to 6:00PM. All relevant Town Departments reviewed and had no issues. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the request of the Festival Committee to use the Town Common for the Annual Sheep Shearing Festival on May 20, 2018 from 6:00AM to 6:00PM, to close Massachusetts Avenue from Osgood Street to Academy Road to traffic from 7:00AM to 6:00PM and to waive all permit fees. Motion approved 5-0. Richard Vaillancourt recused himself and left the room. Vote to accept layout of Great Lake Lane Included in the packets was the street layout plans and recommendations from Town Counsel and relevant departments for Great Lake Lane. The street must also be accepted as a public way at Town Meeting (Article 26). Town Counsel recommends acceptance. Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen recommend acceptance of Great Lake Lane, as a public way, and declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said Lake Lane located acceptance by Town Meeting, to accept deeds to the street and all related restrictions and for The Glade, located in North Andover, Mass., Applicant & Record Owner: TKZ, LLC, 78 Great Pond Road, North Andover, Mass., prepared by CSI Professional Engineers & Land Surveyors, Christiansen & Sergi, Inc., 160 Summer Street, Haverhill, Massachusetts 01830, Dated: 9/15/14 and Motion approved 4-0. Richard Vaillancourt returned to his seat. Appointment of Nathan Weinreich to Zoning Board of Appeals as full member The appointment subcommittee recommended Nathan Weinreich be appointed to the Zoning Board of Appeals as a full member to complete the term vacated by Doug Ludgin. Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen appoint Neil Weinreich as a full member of the Zoning Board of Appeals for a term ending June 30, 2018. Motion approved 5-0. Ratification of Collective Bargaining Agreement between the Town and the Police Lieutenants for the period July 1, 2018- June 30, 2021 The Police Lieutenants and the Town Manager have approved a Memorandum of Agreement and the lieutenants have ratified the contract. Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approve the Collective Bargaining Agreement between the Town and the Police Lieutenants for the period July 1, 2018-June 30, 2021. Motion approved 5-0. Board of Selectmen Minutes April 9, 2018 3 Request to surplus vehicle-Police Department Police Chief, Charles Gray, submitted a request to surplus vehicle #321. Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectman approve the request of Police Chief Charles Gray to surplus vehicle #321 per his memorandum to the Town Manger dated April 4, 2018. Motion approved 5-0. 2018 Annual Town Meeting Warrant Included in the packet was a draft of the 2018 Annual Town Meeting Warrant as of April 6, 2018. Vote to open the warrant Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen open the 2018 Annual Town Meeting Warrant. Motion approved 5-0. Acceptance of the warrant Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the 2018 Annual Town Meeting Warrant as presented. Motion approved 5-0. Vote to close the warrant Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen close the 2018 Annual Town Meeting Warrant. Motion approved 5-0. Town Meeting Warrant recommendations The Board voted their recommendations on the Town Meeting Warrant Articles. The options for recommendation are: Favorable Action, Unfavorable Action, Take No Action and to be Made at Town Meeting. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant articles 1-7. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant article 8. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant article 9. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectman recommend favorable action on warrant article 10. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectman recommend favorable action on warrant article 11. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant article 12. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectman recommend favorable action on warrant article 13. Motion approved 5-0. Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectman recommend favorable action on warrant article 14. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant article 15. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant articles 16-18. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant article 19. Motion approved 5-0. Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectman recommend favorable action on warrant article 20. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectman recommend favorable action on warrant article 21. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend unfavorable action on warrant article 22. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman recommend favorable action on warrant articles 23-28. Motion approved 5-0. Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectman make a recommendation at Town Meeting on warrant article 29. Motion approved 5-0. LICENSING COMMISSIONERS: Chris Nobile made a MOTION, seconded by Rosemary Smedile to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Board of Selectmen Minutes April 9, 2018 4 Paul Gallant of Merrimack College requests three one day wine and malt liquor licenses for the following events: 1. Honors Society Induction at Cascia Hall on Wednesday, April 11, 2018 from 5:30PM- 9:30PM 2. Hockey Banquet at the Lawler Rink on Friday, April 20, 2018 from 6:00PM-10:00PM 3. Honors Senior Reception at the Rogers Center on Monday, April 23, 2018 from 5:00PM- 9:00PM Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the three one day wine and malt liquor licenses for Merrimack College as presented. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None None ADJOURNMENT: Chris Nobile made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 9:35p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Regina Kean, Clerk of the Board Documents used at meeting: Minutes of March 26, 2018 MassDOT presentation 2018 Town Meeting warrant Festival Committee request Great Lake Lane memorandum Appointment memorandum Memorandum of Understanding-Police Lieutenants Surplus memorandum Licensing request Job posting/vacancy log TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Phil DeCologero, Chairman TEL. (978) 688-9510 Regina Kean, Clerk FAX (978) 688-9556 Chris Nobile Rosemary Connelly Smedile Richard Vaillancourt BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, APRIL 9, 2018 6:30 EXECUTIVE SESSION 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. EXECUTIVE SESSION A. M.G.L. Chapter 30A, §21(a), reason #3-to discuss the strategy relating to Varsity Wireless Investors, LLC v. Town of North Andover, North Andover Planning Board, Civil Action No. 18- CV- 10345, and Lindauer v. Varsity Wireless Investors, LLC, et al. Land Ct. No. 18 MISC 000066 B. M.G.L. Chapter 30A §21(a), reason #3- To discuss strategy with respect to collective bargaining with Police Lieutenants III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. March 26, 2018 Open Session Minutes, as written V. COMMUNICATIONS AND ANNOUNCEMENTS A. MassDOT-Massachusetts Avenue project B. Citizen Petition- Article 10- Traffic Calming Measures C. FY19 Community Preservation Committee recommendations D. FY19 Planning Board articles VI. CONSENT ITEMS th A. Request of the Festival Committee to use the Town Common on Sunday, May 20 from 6:00AM to 6:00PM, to close Mass. Ave. and Academy Road from Osgood Street to Academy Road from 7:00AM to 6:00PM and to waive all fees for the Annual Sheep Shearing Festival B. Vote to accept layout of Great Lake Lane C. Appointment of Neil Weinreich to Zoning Board of Appeals as full member D. Ratification of Collective Bargaining Agreement between the Town and the Police Lieutenants for the period July 1, 2018- June 30, 2021 E. Request to surplus vehicle-Police Department F. 2018 Annual Town Meeting Warrant 1. Vote to open the warrant 2. Acceptance of the warrant 3. Vote to close the warrant G. Town Meeting Warrant recommendations VII. LICENSING COMMISSIONERS A. Paul Gallant of Merrimack College requests three one day wine and malt liquor licenses for the following events: 1. Honors Society Induction at Cascia Hall on Wednesday, April 11, 2018 from 5:30PM-9:30PM 2. Hockey Banquet at the Lawler Rink on Friday, April 20, 2018 from 6:00PM-10:00PM 3. Honors Senior Reception at the Rogers Center on Monday, April 23, 2018 from 5:00PM-9:00PM VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT XI. T A. Job posting/vacancy B. XII. NEXT MEETING DATE Monday, April 30, 2018 XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES March 26, 2018 CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 6:30PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. No members of the public were in attendance. Executive session-M.G.L. Chapter 30A, §21(a) reason #3- To discuss strategy with respect to collective bargaining with Police and Firefighter Unions Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen enter into executive session pursuant to MGL Chapter 30A, §21(a), reason #3- to discuss strategy with respect to collective bargaining with police and firefighter unions. Chairman DeCologero declared that the Board will reconvene in Open Session at the end of Executive Session. Roll call vote: Richard Vaillancourt-Yes; Regina Kean-Yes, Chris Nobile-Yes, Rosemary Smedile- Yes; Phil DeCologero-Yes. The Board returned to Open Session at 7:00PM. Town Manager, Andrew Maylor, left the meeting to attend the Finance Committee meeting. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Chris Nobile made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of March 12, 2018. Motion approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: th Chairman DeCologero announced that beginning on April 19, the town will begin collecting tree limbs. th The Cyr Center will open for residents beginning on April 7. Mr. DeCologero congratulated Chief Charles Gray on receiving the Officer Tom Duggan Sr. Public Safety Award from The Valley Patriot. Assistant Town Manager, Ray Santilli, reminded residents that the Town Election is tomorrow. th Regina Kean announced on March 29 at 6:30PM Dr. Price will be attending the Atkinson PTO meeting to talk about traffic with the new construction. All are welcome to attend. CONSENT ITEMS: Robert Autieri requests permission to use streets in North Andover for the Samaritans of the Merrimack -12:00PM Included in the packets was a request from the Samaritans of Merrimack Valley to use Willow Street and Helms, Director of the Samaritans and Bob Autieri were be present to answer any questions. All relevant departments have reviewed and have no issues. Ms. Helms indicated the event raised $14,000 last year. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of The Samaritans of the Merrimack Valley to hold the Walk for Hope charity event on Saturday, October 20, 2018 from 9:30AM to 11:30AM, as presented. Motion approved 5-0. Request of School Committee to support submission of Statement of Interest for North Andover Middle School to the Massachusetts School Building Authority The School Committee is starting the process again of applying to the MSBA for funding for renovations to the Middle School. As part of that process, the Board must vote to support the submission of a Statement of Interest. School Committee Chairman, David Torrisi and Assistant Superintendent James Mealey were present to answer any questions. Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen authorize the Superintendent to submit to the Massachusetts School Building Authority a Board of Selectmen Minutes March 26, 2018 2 Statement of Interest that will be submitted to the MSBA by no later than Friday, April 6, 2018 for consideration in 2018 for the North Andover Middle School located at 495 Main Street, North Andover which describes and explains the following deficiencies and the priority category(s) for which the Town of North Andover may be invited to apply to the Massachusetts School Building Authority in the future for Priority #2 - determined in the judgment of the Authority; specifically to decrease class size from a current average of 24.6 students, and for Priority #7 - ings in order to provide for a full range of programs consistent with state and approved local specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Town to filing an application for funding with the Massachusetts School Building Authority. In addition, the Board of Selectmen of the Town of North Andover confirms the following criteria apply to the request; the school facility has been and will remain in use as a public K-12 school, serving public school students for the useful life of any additions/new construction; the school facility has sufficient spaces to deliver its required educational programs; except for the lack of space to allow for the decrease of existing class sizes, the school facility is structurally, functionally and educationally sound and has no other deficiencies, and all other building systems are operational, safe and adequate for the delivery of the required educational programs; the need for additional space is not the result of neglect or the lack of routine or capital maintenance by the district; the district acknowledges and agrees to abide by all federal and state law and rules, regulations, policies and guidelines of the MSBA, and the distri-qualified OPMs and designers; the district has the ability manner; and the district has no entitlement to funds, and the awarding of a grant(s), if any, is at the sole discretion of the MSBA. Motion approved 5-0. Ratification of Collective Bargaining Agreement between the Town and the NEPBA Local 2 (police officers/sergeants) for the period July 1, 2018- June 30, 2021 As the Board discussed in Executive Session, the NEPBA Union has approved the Memorandum of Agreement with the Town and ratified the contract. Richard Vaillancourt made a MOTION, seconded by Regina Kean, that the Board of Selectmen approve the Collective Bargaining Agreement between the Town and the New England Police Benevolent Association, Local 2 for the period July 1, 2018-June 30, 2021. Motion approved 5-0. 2018 Annual Town Meeting Warrant Included in the packets was a draft of the 2018 Annual Town Meeting Warrant as of March 26, 2018. Vote to open the warrant Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen open the 2018 Annual Town Meeting Warrant. Motion approved 5-0. Acceptance of the warrant Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the 2018 Annual Town Meeting Warrant as presented. Motion approved 5-0. Vote to close the warrant Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen close the 2018 Annual Town Meeting Warrant. Motion approved 5-0. LICENSING COMMISSIONERS: Chris Nobile made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Paul Gallant of Merrimack College requests ten (10) one day wine and malt liquor licenses for dates: Saturday, March 31, 2018 from 12:00PM-5:00PM Tuesday, April 3, 2018 from 6:00PM-11:00PM Friday, April 6, 2018 from 2:00PM-7:00PM Wednesday, April 11, 2018 from 3:00PM-11:00PM Tuesday, April 17, 2018 from 6:00PM-11:00PM Board of Selectmen Minutes March 26, 2018 3 Saturday, April 21, 2018 from 12:00PM-10:00PM Saturday, April 28, 2018 from 12;00PM-7:00PM Tuesday, May 1, 2018 from 3:00PM-8:00PM Friday, May 4, 2018 from 3:00PM-8:00PM Sunday, May 6, 2018 from 3:00PM-8:00PM Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the ten one day wine and malt liquor licenses for Merrimack College as presented. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Chris Nobile to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: None TOWN MANAGER Monthly reports Included in the packets were the departmental monthly reports. Assistant Town Manager, Ray Santilli, explained that construction will begin at the kindergarten site on Thursday and traffic patterns will change. ADJOURNMENT: Regina Kean made a MOTION, seconded by Chris Nobile to adjourn the meeting at 7:48p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Regina Kean, Clerk of the Board Documents used at meeting: Minutes of March 12, 2018 Request of Samaritans of Merrimack Valley Statement of Interest 2018 Town Meeting Warrant Merrimack College licensing request Monthly reports Article 10: Citizen Petition- Traffic Calming Measures. Traffic calming measures as defined by more than 30 years of Traffic Safety research and both Federal and MA highway engineering manuals decrease traffic crash number and severity for crashes that result in injury and death. Removing traffic calming measures poses the risk of increased traffic crash number and severity for crashes that result in injury and death. The MassDot Highway Reconstruction – Minor Widening Project 606159 at Massachusetts and Chickering removes three existing traffic calming measures. Project 606159 impacts the school crossing for North Andover Early Childhood Center, Atkinson Elementary School, North Andover Middle School, First Calvary Baptist Church Little Learners Daycare, and the future Kindergarten and athletic fields on the North West side of the intersection. Project 606159 impacts the intersection that also serves the North Andover Youth Services, Drummond Playground on the South Eastern side of the intersection. This article requests comparable traffic calming measures be added to the Massachusetts Ave- Adams Street school crossing zone for everyone removed in the MassDot Highway Reconstruction th – Minor Widening Project 606159, as promised at the December 19, 2017 Special Meeting. These should include: Extend the current Massachusetts/Adams school zone to the Massachusetts Ave-Chickering intersection. Selectmen approve a raised and marked school and pedestrian crosswalk install by MassDot under Project 606159. Install a stop sign or stoplight on Massachusetts at Adams, near the school crosswalk. Petition of Dr. Karen Lauro, et al Board of Selectmen Recommendation: Vote required: Majority vote 22 Article 11: Adoption of Zoning Bylaws - Recodification. To see if the Town will vote to accept and approve the renumbering and revision of the Zoning Bylaw of the Town from its original numbering, as amended through the May 16, 2017, Annual Town Meeting as set forth in the Final Draft of the Code of the Town of North Andover, dated March 2018, said codification of the Zoning Bylaw being a codification and revision of the present Zoning Bylaw, including amendments thereto. All Zoning Bylaws, as amended, heretofore in force, shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law. The Zoning Bylaw shall be codified as Chapter 195 of the “Code of the Town of North Andover, Massachusetts.” or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote required: Two-thirds (2/3) vote EXPLANATION: Two years ago Town Meeting funded the recodification of the Town’s Zoning Bylaw. The goals of this recodification effort were to: (1) create a document that is easy for users to navigate; (2) simplify and update the language of the Bylaw whenever possible without losing the meaning or intent of the Bylaw and; (3) provide a structure that is both predictable and flexible enough to accommodate amendments over time. That recodification process was completed in March of 2018. A copy of the recodified Bylaw has been available to the public since that time. In addition, recodification of the Bylaw ensures the Bylaw is consistent with internal and external laws and regulations, e.g. conformance with Massachusetts General Law Chapter 40A, The Zoning Act. An affirmative vote on this Article will adopt the recodified Bylaw. Article 12: Acceptance of Public Way- Great Lake Lane. To see if the Town will vote to accept Great Lake Lane as a public way as laid out by the Board of Selectmen, and as shown as "Great Lake Lane" on a plan entitled "Street Layout Plan of Great Lake Lane, located in North Andover, Mass.", prepared by Christiansen and Sergi, Inc., and to accept deeds to all related parcels and easements, shown on Plans recorded as Plan No. 17212 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. or to take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote required: Majority vote 23 Article 13: Amend Zoning Map – Map 009.0-0046-0000.0 (127 Marblehead Street). To see if the Town will vote to amend the Zoning Map for the Town of North Andover to zone the parcel of land known as Map 009.0 Parcel 0046 on the 2018 Assessor’s Maps to be included within the Residential 4 (R4) Zoning District, as more particularly shown as the highlighted area depicted on the map entitled “127 Marblehead Street”, dated March 7, 2018, which map is on file with the Town Clerk. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two Thirds (2/3) Vote 24 Article 14: Amend Zoning Bylaw Section 8.9 – Wireless Service Facilities.To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by amending the following Sections as follows, Amend Zoning Bylaw, Section 8.9.5 (Application Procedures), Subsection (d)(i), by inserting after sub-paragraph (4), a new sub-paragraph (5) (by identifying text which is added as underlined). So that Section 8.9.5(d)(i) (General Filing Requirements) shall now read as follows: d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i)General Filing Requirements (1)Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2)Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3)Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co- applicant. (4)Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5)Parties in interest for the purposes of Section 8. 9 Wireless Service Facilities shall include in addition to those entities listed in General Law c. 40A, sec. 11 abutters to the abutters within five hundred (500) feet of the property line of the petitioner as they appear on the most recent applicable tax list. The assessor’s maintaining any applicable tax list shall certify to the special permit granting authority the names and addresses of the abutters and such certification shall be conclusive for all purposes. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws and/or Zoning Bylaws of the Town of North Andover. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote 25 EXPLANATION: To provide notice to parties in interest, for specific use, beyond the General Law c. 40A, sec 11 notification requirement. Article 15: Amend the Town of North Andover Zoning Bylaw Section 7.4 – Building Heights. To see if the Town will vote to amend the Town’s Zoning Bylaw by amending the eligibility criteria for a waiver of the maximum height for residential multifamily dwellings and town houses in the Business 2 (B-2) zoning district. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1.Farm buildings on farms of not less than ten (10) acres. 2.Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3.Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. 4.And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five (65) feet from the ground. 5.Nor of a manufacturing building a height of eighty five (85) feet from the ground, or pharmaceutical manufacturing silo having a height of one hundred-fifteen (115) feet from the ground. 6.A parcel or parcels collectively comprising at least five (5) three (3) acres of land located within a Business 2 (B-2) Zoning District are eligible for a waiver of the maximum height, for residential multifamily dwellings and town houses described under Table 2; provided that such height waiver shall not permit a structure to exceed more than four stories and 55 feet in height, and further provided that such waiver is granted by the Planning Board, as Special Permit Granting Authority, after the Planning Board has made a determination based upon consideration of the special permit criteria described under Section 10.31 of the Zoning Bylaw. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote 26 EXPLANATION: This article proposes to reduce the land area required for a waiver of the maximum height of structures for residential multifamily dwellings and town houses in the Business 2 Zoning District. The minimum required land area to be established through this amendment is three (3) acres. Article 16: Amend the Town of North Andover Zoning Map – Amend Business Zoning District (B-2). To see if the town will vote to amend the Town’s Zoning Map to re-zone the following Parcels of land to be included within the Business 2 (B-2) Zoning District identified on the 2018 Assessor’s Maps as: Map 74 Parcel 23, Map 74 Parcel 54, and 74 Parcel 24, as more particularly shown on the map dated March 27, 2018 and prepared by The Morin-Cameron Group, Inc., which map is on file with the Town Clerk, and are more particularly described as follows: Map 74 Parcels 23 and 54 Northerly 400’ +/- by Sutton Street Easterly 437.01’ +/- by land now or formerly of China Blossom Realty Trust Southerly 400’ +/- by land now or formerly of City of Lawrence Airport Commission Westerly 437.01’ +/- by land now or formerly of City of Lawrence Airport Commission Map 74 Parcel 24 Northerly 125’ by Sutton Street Easterly 200’ by land now or formerly of K of C Association, Incorporated Southerly 117.08’ by land now or formerly of Quinn Westerly 219.08’ by land now or formerly of Couyioufas or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: This article proposes to add the described parcels to the Business 2 Zoning District. These parcels are: 505 Sutton Street (Map 74 Parcel 23) and 0 Sutton Street (Map 74 Parcel 54) from General Business (GB) to Business 2 (B2) and 477 Sutton Street (Map 74 Parcel 24) from Residential 4 (R4) to Business 2 (B2). 27 Article 17: Amend Zoning Bylaw – Section 2, DEFINITIONS, Section 7, DIMENSIONAL REQUIREMENTS, and adding Section 8.14 SOLAR ENERGY SYSTEMS:To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by amending Section 2, Definitions, Section 7, Dimensional Requirements, and adding Section 8.14 Solar Energy SYSTEMS to read as follows: Amend Zoning Bylaw, Section 2 DEFINITIONS by inserting the following DEFINITIONS: 2.78 Solar: 1)Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. 2)Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). 3)Solar Access: The access of a Solar Energy System to direct sunlight. 4)Solar Collector: A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. 5)Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. 6)Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. The definitional scale of a Solar Energy System shall be determined by the cumulative surface area of all proposed systems. a.Solar Energy System, Active: A Solar Energy System whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. b.Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility. c.Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-, or large-scale). d.Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 10,000 square feet of surface area. 28 e.Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,000 but less than 10,000 square feet of surface area. f.Solar Energy System, Off-Grid: A photovoltaic Solar Energy System in which the circuits energized by the Solar Energy System are not electrically connected in any way to electric circuits that are served by an electric utility. g.Solar Energy System, Passive: A Solar Energy System that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. h. Solar Energy System, Pole-Mounted: An Active Solar Energy System that is structurally mounted to the ground by a pole. i.Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-, or large-scale). j.Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,000 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10kW DC or less). k.Solar Energy System, Surface Area: The amount of area covered by the surface of the Solar Energy Collector(s). 7)Solar Thermal System: An Active Solar Energy System that uses collectors to convert the sun’s rays into useful forms of energy for water heating, space heating, or space cooling. Amend Zoning Bylaw, Section 7, DIMENSIONAL REQUIREMENTS, Subsection 7.4, BUILDING HEIGHT, by amending sub-paragraph 2 and by adding sub-paragraph 7 and 8 (by identifying text which is added as underlined). So that Section 7.4(2), 7.4(7), and 7.4(8) shall now read as follows: 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, Roof-Mounted Solar Energy Systems, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. However, no Roof-Mounted Solar Energy System shall exceed XX in height. 7. Ground-Mounted, Solar Energy Systems: The maximum height of Small-, Medium-, and Large-Scale Solar Energy Systems shall not exceed XX. 8. Pole-Mounted Solar Energy Systems: The maximum height of a Pole-Mounted Solar Energy System shall not exceed XX feet and the maximum surface area for each individual Pole-Mounted Solar Energy System shall not exceed XX square feet. 29 Amend Zoning Bylaw by adding a new Section 8.14 to read as follows: Section 8.14 Solar Energy Systems 8.14.1 Purpose 1)Promote, regulate and restrict the creation, construction, and operation of Solar Energy Systems installations, by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources; provide adequate financial assurance for the eventual decommissioning of such; 2)Set forth provisions that shall take precedence over all other sections when considering applications related to the expansion, construction, operation, and/or repair of Solar Energy Systems. 8.14.2 Applicability 1)This section shall apply to all Solar Energy Systems proposed to be constructed after the effective date of this section. This section shall also apply to physical modifications to existing Solar Energy Systems that materially alter the type, configuration, or size of such systems or other equipment. 2)Use Regulations are identified in Section 8.14.5 3)The Planning Board shall act as the Site Plan Review Authority and the Special Permit Granting Authority (SPGA) for Solar Energy Systems that require a Special Permit. 8.14.3 Procedure 1)The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.14.9 Revisions to Approved Site Plan. 2)Any proposed development that requires a Special Permit and/or Site Plan Review as identified in Section 8.14.5 Use Regulations, shall be subject to regulations of this section and submit an application to the Planning Board. 3)An applicant shall file three copies of the application form, fee, and an electronic copy, and any additional information as may be required (See Subsection 8.14.7), with the Planning Department. Once the application is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch. 40A will not start until the application has been deemed complete and submitted to the Town Clerk. 4)The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan impact study requested by the Board. 30 8.14.4 Compliance with Laws, Bylaws & Regulations The construction and operation of all Solar Energy Systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a Solar Energy System shall be constructed in accordance with the State Building Code. 8.14.5 Use Regulations Residential-1 All Other Business / Industrial (R1)ResidentialCommercial Districts DistrictsDistricts PRINCIPLE USE Small-Scale Ground-N N N N Mounted Solar Energy System Medium-Scale Ground-SPR SPR Y Y Mounted Solar Energy System Large-Scale Ground-SP N SPR SPR Mounted Solar Energy System Small-, Med-, Large-Scale N N N N Pole-Mounted Solar Energy System Y = Allowed N = Prohibited SP = Special Permit SPR = Site Plan Review Residential-1 All Other Business / Industrial (R1)ResidentialCommercial Districts DistrictsDistricts ACCESSORY USE Roof-Mounted Solar Y Y Y Y Energy System Small-Scale Ground-Y Y Y Y Mounted Solar Energy System Small-Scale, Pole-SPR SPR SPR SPR Mounted Solar Energy System 31 Medium-Scale Ground-SP SP SPR SPR Mounted Solar Energy System Med-Scale Pole-Mounted N N SP SP and Large-Scale Ground- Mounted or Pole-Mounted Solar Energy System Y = Allowed N = Prohibited SP = Special Permit SPR = Site Plan Review 8.14.6 Dimensional Regulations 1)Building/Structure Height Regulations: a)Solar Energy Systems, Roof-Mounted: Maximum height of buildings and structures shall be as set forth in Table 2. However, no Roof-Mounted Solar Energy System shall exceed XX in height. b)Solar Energy Systems, Ground-Mounted: The maximum height of Small-, Medium-, and Large-Scale Ground-Mounted Solar Energy Systems shall not exceed XX feet (XX). c)Solar Energy Systems, Pole-Mounted: The maximum height of a Pole-Mounted Solar Energy System shall not shall not exceed XX feet and the maximum surface area for each individual Pole-Mounted Solar Energy System shall not exceed XX square feet. 2)Setbacks a)Solar Energy Systems, Small- and Medium-Scale Ground-Mounted: accessory to a principal use shall be at the least 1/2 of the setback that would otherwise apply or a minimum of 15 feet, whichever is greater from the side or rear lot line. All ground- mounted Solar Energy Systems shall be installed either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principle structure. b)Solar Energy Systems, Large-Scale Ground-Mounted: shall have a side and rear yard setback of at least 75 feet; except however, that where the lot abuts a Residential District, the side and rear yard setback shall be 100 feet. All Large- Scale Ground-Mounted Solar Energy Systems shall be installed either in the side yard or rear yard and be located no nearer the street than the building line of the principle structure. c)Solar Energy System, Pole-Mounted: shall have a side and rear yard setback of at least double the setback that would otherwise apply or a minimum of XX feet, whichever is greater. All Pole-Mounted Solar Energy Systems shall be installed 32 either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principle structure. d)Solar Energy System, Appurtenant Structures: shall be subject to Zoning Bylaw requirements concerning the bulk and height of structures, lot area, parking and building coverage requirements for the underling zoning district. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures shall be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts. 3)Lot Coverage Solar Energy Systems shall not be included in calculations for lot coverage. 8.14.7 Site Plan Review/Special Permit Ground-Mounted and Pole-Mounted Solar Energy Systems 1)Applicability Any proposed development that requires a Special Permit or Site Plan Review as identified in Section 8.14.5 Use Regulations shall undergo Site Plan Review prior to construction, installation or modification as provided in this section. 2)Site Plan Review Document Requirements a)An application for a Special Permit or Site Plan Review for a Solar Energy Systems shall comply with the standards set forth in this section and shall be reviewed by the SPGA or Site Plan Review Authority. b)A site plan showing: i.Property lines and physical features, including roads, for the project site; ii.Location and approximate height of tree cover and any potential shading from nearby structures or vegetation; iii.Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iv.Blueprints or drawings of the Solar Energy System showing the proposed layout of the System, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector; v.Documentation of the major System components to be used, including the panels, mounting System, and inverter; vi.Name, address, and contact information for proposed System installer; vii.Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; 33 viii.The name, contact information and signature of any agents representing the project proponent; and ix.Zoning district designation for the parcel(s) of land comprising the project site. x.Locations of active farmland and prime farmland soils, wetlands, permanently protected open space, Priority Habitat Areas and BioMap2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & Endangered Species Program (NHESP) and “Important Wildlife Habitat” mapped by the DEP; xi.Locations of floodplains or inundation areas for moderate or high hazard dams; xii.Locations of local or National Historic Districts; xiii.Drawings prepared at a scale of one inch equals forty feet (1’=40’) or larger, or at a scale as approved by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each. xiv.All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a Professional Engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts. xv.Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the Solar Energy System to each building shown; xvi.Shall include the Information Required by Section 8.3 Site Plan Review, Subsection 5(e). xvii.Waiver: When in the opinion of the SPGA or Site Plan Review Authority the alteration, reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting property and community needs, the Planning Board may determine that submission of one or more of the site plan document requirements may be waived. xviii.In addition, if Large-Scale Solar Energy System: (1)Blueprints or drawings of the Solar Energy System signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector; (2)One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices; 34 (3)Documentation of actual or prospective access and control of the project site; (4)An operation and maintenance plan; (5)Landscape Plan and Buffering: (a)Landscaping shall be provided and maintained in accordance with the site plan approved by the SPGA and/or PGA. (b)If a property owner (or designated representative) of a lot from which the proposed installation can be seen without obstruction requests a visual rendering of the proposed installation from a vantage point of their choosing on said lot, the applicant shall submit one as part of the Site Plan Review The visual rendering must accurately reflect the horizontal and vertical scale of the installation, accessories, and landscape screening. (c)Landscaping shall be provided and maintained on the site to screen the Solar Energy System, the accessory systems, and appurtenant structures as set forth below. Landscape screening shall be provided adjacent to: (i) Abutting properties where a front, side, or rear lot line of the Solar Energy System site adjoins (or is separated by a public way from) a residential district or an existing residential use, as follows: 1.Landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and as determined by the SPGA/PGA during Site Plan Review to adequately screen from view the Solar Energy System, accessories, appurtenant structures, and light sources. 2.Such strip shall contain a continuous screen of planting of vertical habit in the center of the strip not less than three (3) feet in width and six (6) feet in height to maintain a dense screen throughout the year. 3.In lieu of continuous planting, a solid brick, stone, or wood fence of a design approved by the SPGA/PGA, or a planted earthen berm of a design approved by the SPGA/PGA may be established and maintained with the plantings in an amount of no less than 20% of the amount required above. 4.Removal of healthy trees over five (5) inches in diameter at breast height (dbh) shall be minimized in the buffer strip to maximum extent practicable. Any such trees as are removed shall be replaced. New or replacement trees must be at least two (2) inches dbh. 5.All landscaped areas including, but not limited to, walls and fences shall be properly maintained. Plantings that die shall be replaced within on growing season by the property owner. Plantings shall be maintained in 35 accordance with the site plan for the duration of the presence of a Solar Energy System on the site. (d) When abutting public ways, in addition to landscaping in front and side yards mentioned above, landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and determined by the SPGA/PGA during Site Plan Review to screen adequately from view any unshielded light source, generated or reflected, either inside or outside. (6) Proof of liability insurance; and (7) A public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required Site Plan Review notification procedures and otherwise inform abutters and the community. 3)Site Plan Review Design Standards a) Standards for Solar Energy Systems i.)Utility Notification – No grid-intertie photovoltaic system shall be installed until evidence has been given to the Site Plan Review Authority that the owner has submitted notification to the utility company of the customer’s intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement. ii.)Utility Connections – Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. iii.)Safety – The Solar Energy System owner or operator shall provide a copy of the Site Plan Review application to the local fire chief. All means of shutting down the solar installation shall be clearly marked. iv.)Visual Impact and Glare – The Solar Energy System, including all accessories and appurtenant structures shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and screen abutting residential properties, regardless of development status. Siting shall be such that the view of the Solar Energy System from locations off-site shall be minimal. Reasonable efforts shall be made to design Solar Energy Systems to prevent 36 reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadways, or properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti-reflective materials, solar glare modeling, and screening in addition to required landscaping. v.)Land Clearing, Soil Erosion and Habitat Impacts – Clearing of natural vegetation shall be limited to what is necessary for construction, operation and maintenance of Ground-Mounted Solar Energy Systems or as otherwise prescribed by applicable laws, regulations, and bylaws. b) In addition, if a Large-Scale Solar Energy System: i)Site Control – The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed Solar Energy System; ii)Operation & Maintenance Plan – The project proponent shall submit a plan for the operation and maintenance of the Large-Scale Ground-Mounted Solar Energy System, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation; iii)Lighting – Lighting of Large-Scale Ground-Mounted Solar Energy Systems shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the Solar Energy System shall be directed downward and shall incorporate full cut- off fixtures to reduce light pollution; iv)Signage – Signs on Large-Scale Ground-Mounted Solar Energy Systems shall comply with the Zoning Bylaw. A sign consistent with the Zoning Bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar Energy Systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the Solar Energy System; v)Roads – Access roads shall be constructed to minimize grading, removal of stones walls or trees, and minimize impacts of environmental or historic resources. All access roads must be approved by the North Andover Fire Department. vi)Noise – Noise generated by Large-Scale, Ground-Mounted Solar Energy Systems and associated equipment and machinery shall conform at a minimum to applicable state and local noise regulations, including the DEP’s Division of Air Quality noise regulations, 310 CMR 7.10. vii)Emergency Services – The Large-Scale Ground-Mounted Solar Energy System owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the 37 owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Solar Energy System shall be clearly marked. The owner or operator shall identify a responsible person for public inquires throughout the life of the installation; viii)Hazardous Materials: Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar equipment then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required. ix)Unauthorized Access: The Solar Energy System shall be designed to allow access within the area of proposed limit of work to authorized personnel only. Electrical equipment shall be locked where applicable 4)Waivers The SPGA/Site Plan Review Authority may waive, by an affirmative vote of the majority of the SPGA/Site Plan Review Authority, any of the submittal and design requirements if it determines that strict compliance with those submittal and design requirements, because of the size or unusual nature of the proposed building(s) or structures(s) may not be in the public interest. 5) Site Plan Review Criteria: In the review and evaluation of the Site Plan and in making a final determination, the SPGA/Site Plan Review Authority shall consider the following criteria: a)Provide adequate access to each structure for fire and emergency service equipment; b)Minimize visual intrusion by controlling the visibility or parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned; c)Minimize the volume of cut and fill, the number or removed trees that are six (6) inches or more in caliper, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution; d)Provide adequate stormwater management and other utilities consistent with the functional requirements of the North Andover Stormwater Regulations, 38 Department of Environmental Protection, Massachusetts stormwater management Handbook (as revised); e)Minimize obstruction of scenic views from publicly accessible locations; f) Maximize pedestrian and vehicular safety both on the site including ingress and egress; g)Minimize glare from headlights and lighting intrusion; h)Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and i) Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, environmental standards and other pertinent sections. 6) Final Action a)No Solar Energy System shall be erected, constructed, installed or modified as provided in this section without first obtaining a Site Plan Review or Special Permit from the SPGA/Site Plan Review Authority and a building permit from the Building Inspector; b)The SPGA shall not approve any such application for a Special Permit unless it finds that in its judgement all the conditions stated in Section 10.31 of the zoning bylaw are met 8.14.8 Monitoring, Maintenance, & Reporting for Large-Scale Ground-Mounted Solar Energy Systems 1)Solar Energy System Installation Conditions – The Large-Scale Ground-Mounted Solar Energy System Applicant(s) shall maintain the system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the Solar Energy System and any access road (s), unless accepted as a public way. 2)Annual Reporting: The Applicant(s) of the installation shall submit an Annual Report demonstrating and certifying compliance with the Operations and Maintenance Plan required herein and the requirements of this Section and their approved site plan including control of vegetation, noise standards, and adequacy of road access. The annual Report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the System. The report shall be submitted to the Planning Director, Fire Chief, Emergency Management Director, Building 39 Commissioner, Board of Health and Conservation Commission (if a Wetlands Permit was issued) no later than 45 days after the end of the calendar year. 8.14.9 Modifications to Approved Site Plans 1)All material modifications to a Solar Energy System made after issuance of the Site Plan Review of Special Permit shall require approval by the SPGA/Site Plan Review Authority as provided in this section; and 2)Modifications to an approved Site Plan shall be allowed upon submission of a written description to the SPGA/Site Plan Review Authority of the proposed modifications. The request for modification shall be subject to the submittal, review and hearing procedures as required for new filings unless the SPGA/Site Plan Review Authority finds that the proposed modifications satisfy the review criteria and the Site Plan as modified would be consistent with the originally approved plan and therefore a new public hearing may not be required. 8.14.10 Abandonment or Decommissioning 1)Removal Requirements a)Any Large-Scale Ground-Mounted Solar Energy System which has reached the end of its useful life or has been abandoned consistent with Section 8.14.10(2) of this Bylaw shall be removed. The Applicant(s) shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the SPGA/Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: i.)Physical removal of all Solar Energy Systems, structures, equipment, security barriers and transmission lines from the site. ii.)Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. iii.)Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA/Site Plan Review Authority may allow the Applicant(s) to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. 2)Abandonment Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-Scale Ground-Mounted Solar Energy System shall be considered abandoned when it fails to operate for more than one year without the written consent of the SPGA/Site Plan Review Authority If the Applicant(s) of the Solar Energy System fails to remove the System in accordance 40 with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may , after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned Large-Scale Ground-Mounted Solar Energy System. As a condition of Site Plan approval, the Applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned System. 3) Financial Security Applicant(s) of a Large-Scale, Ground-Mounted Solar Energy System shall provide a form of surety, either through bond, or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in the amount and form determined to be reasonable by the SPGA/Site Plan Review Authority, but in no event shall exceed 125% of the cost of removal and compliance with the additional requirements set forth herein, and by the project proponent and the Town Such surety will not be required for municipal and state-owned systems. The project proponent shall submit a full inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The Applicant(s) shall replenish the surety as necessary to maintain an adequate amount, as determined by the SPGA/Site Plan Review Authority in accordance with the requirements of this bylaw. 4) Indemnification The Applicant(s) of the Large-Scale, Ground-Mounted Solar Energy System shall indemnify and hold harmless the Town of North Andover and/or its citizens from any and all liabilities losses and/or damages, including reasonable attorney fees, resulting from the failure of the Applicant(s) to comply with the terms of this bylaw and/or negligence in the operations and maintenance of any structures built in accordance with it. Any surety provided for in the bylaw shall be available for the aforementioned indemnification. 8.14.11 Expiration A permit issued pursuant to this section shall expire if (i) the Solar Energy System is not installed and operational within two years from the date the permit is issued; or, (ii) the Solar Energy System is abandoned or deemed abandoned pursuant to 8.14.10(2). 8.14.13 Severability The provisions of this bylaw are severable, and invalidity of any section, subdivision, subsection, paragraph, or other part of this bylaw shall not affect the validity or effectiveness of the remainder of this bylaw. For any provision of the 41 bylaw that conflicts with another state or local ordinance, the most restrictive provision shall apply. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws and/or Zoning Bylaws of the Town of North Andover. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: To be made at Town Meeting Vote Required: Two Thirds (2/3) Vote EXPLANATION: This bylaw is designed to respond to the growing use and technological advances of Solar Energy Systems, in support of the Town’s clean energy goals. The bylaw addresses the use of Roof-Mounted Solar Energy Systems and Ground-Mounted Solar Energy Systems. The proposed zoning amendments include the addition of solar related Definitions, amendment to the Dimensional Requirements associated with Building Height and a new bylaw section titled Solar Energy Systems within a single new article. Please note, the proposed bylaw is not in its final form. The Planning Board will continue to update this bylaw through the Public Hearing process up to Town Meeting. Article 18: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Massachusetts General Laws Chapter 41, §108 as follows, Board of Selectmen/Licensing Commissioners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote 42 Article 26: Report of the Community Preservation Committee – Appropriation from Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee, or to take any other action relative thereto. List of Approved Projects – Community Preservation Fund Description Amount Category North Andover Housing Authority $ 80,600 Affordable Housing Emergency Generators North Andover Housing Authority $ 75,000 Affordable Housing Capital Needs Assessment North Andover Housing Authority $ 79,000 Affordable Housing Bingham Way parking lot paving Affordable Housing Trust $ 100,000 Affordable Housing Playground Renovation Program $ 200,000 Open Space/Recreation Atkinson School and Carl Thomas Weir Hill Parking Lot $ 32,250 Open Space/Recreation Recreation Complex $6,000,000 Open Space/Recreation Historical Preservation Reserve $ 199,500 Historical Preservation Administrative Costs $ 50,000 Administrative/Operating Expenses Total for Requested Projects $6,816,350 Community Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Majority Vote 55 DRAFT as of April 9, 2018 T OWN OF N ORTH A NDOVER M ASSACHUSETTS 2018 A NNUAL T OWN M EETING W ARRANT AND F INANCE C OMMITTEE R EPORT 1 NORTH ANDOVER CITIZENS The Town of North Andover will take any measure necessary to ensure that any individual with a disability is not excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. The Town now has the ability to print this warrant in Braille. If you or someone you know needs a copy in Braille, or any of the auxiliary aids or service order to participate at Town Meeting, please contact the Town 978-688-9502. Thank you! If you require handicapped parking access or need special parking arrangements. Voters will be checked in by last name. Each voter will be given a Town Meeting Voting card and will need this card to be able to vote. Individuals will need to be registered to vote by Wednesday, April 25, 2018. All voters who have registered to vote as of that date will be eligible to vote at the May 15, 2018, Annual Town Meeting. You may call the Town -688-9502 to verify voter status or request a voter registration form. Non-voters must sign in, display a non-voter pin and sit in the designated section. The Town will make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to contact Office at 978-688-9502 or e-mail (jbradshaw@northandoverma.gov). 2 2018 ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Page 2018 Message from the Town Moderator 5 Simplified Rules of Parliamentary Procedure 8 Annual Finance Committee Report to Voters 17 GENERAL ARTICLES Article 1 Reports of Special Committees 27 Article 2 Reports of Receipts and Expenditures 28 Article 3 Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years 28 Article 4 Authorization to Accept Grants of Easements 28 Article 5 Authorization to Grant Easements 29 Article 6 Amend General Bylaws Chapter 44 Public Meetings, Section 1, Televising of Board Meetings 29 Article 7 Adoption of General Bylaws - Recodification 30 Article 8 Authorization to Accept the Donation of Land on Sutton Street 31 Article 9 Transfer of Land for Recreation Complex 31 FINANCIAL ARTICLES Article 10 Appropriation Capital Improvement Plan for Fiscal Year 2019 32 Article 11 Appropriation Recreation Complex 34 Article 12 Report of the Community Preservation Committee-Appropriation from Community Preservation Fund 36 Article 13 Set Salaries and Compensation of Elected Officials 37 Article 14 Revolving Fund Spending Limits 37 Article 15 Appropriation- General Fund for Fiscal Year 2019 38 Article 16 Appropriation Water Enterprise Fund for Fiscal Year 2019 44 Article 17 Appropriation Sewer Enterprise Fund for Fiscal Year 2019 45 Article 18 Appropriation Stevens Estate Enterprise Fund for Fiscal Year 2019 46 Article 19 Transfer to Stabilization 47 Article 20 Transfer of Funds from Health Insurance Trust Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund 47 Article 21 Transfer of funds from Other Post-Employment Benefits (OPEB) Stabilization Fund to Other Post-Employment Benefits (OPEB) Liability Trust Fund 48 CITIZEN PETITIONS Article 22 Traffic Calming Measures 48 3 ZONING ARTICLES Article 23 Amend the Town of North Andover Zoning Bylaw Section 7.4 Building Heights 49 Article 24 Amend the Town of North Andover Zoning Map Amend Business 2 Zoning District (B-2) 50 Article 25 Adoption of the Zoning Bylaws-Recodification 51 Article 26 Acceptance of Public Way-Great Lake Lane 52 Article 27 Amend the Town of North Andover Zoning Map Parcel 009.0-046-0000.0 (127 Marblehead Street) 52 Article 28 Amend the Town of North Andover Zoning Bylaw Section 8.9 Wireless Service Facilities 53 Article 29 Amend the Town of North Andover Zoning Bylaw Establish a Solar Energy bylaw 55 4 2018 MESSAGE FROM THE TOWN MODERATOR Dear Neighbors: 15, 2018 commencing at 7:00PM in the North Andover High School auditorium. Please know it has been a singular privilege to preside at Town Meeting these past six years. I will thst endeavor to continue to make this 17 Century tradition relevant to our 21 Century needs and population. I remain steadfast in a concerted effort to modernize the functions, rules, reach, and conduct of Town Meeting while being deliberate to preserve the traditions and procedures of the past that work. All in a desire to continue to deliver what I have promised the conduct of a fair, open and efficient Town Meeting. This past January our community experienced an extraordinary turnout at Special Town Meeting with nearly 2800 voters, guests, and volunteers participating. We enjoyed respectful conversation and deliberation on what could have been a contentious and even ugly evening given the considered opinion and high stakes presented. Instead, it was a dignified example of a community gathering to make a critical decision and doing so with serious intent and without rancor. Thank you all for making my job easier. I must also extend deep appreciation to the town staff, public safety officials, and over 60 volunteers who marshaled their skills and effort to assist me to make the planning and operation of that meeting a success. One of the initiatives used in our Special Town Meeting was the first time introduction of electronic check-in technology. This demonstrably efficient voter check-in process will now be permanently instituted at all future Town Meetings. In the past I have allowed speakers, other than presenters of articles with preassigned time limitations, up to five (5) minutes to ask questions or otherwise comment on an article. Given the publication of the independent research effort of past Town Meetings by the Town Meeting Statistician in 2017, we tested limiting speaking times to three (3) minutes. The data is clear that citizens use, on average, less than 75 seconds to speak. Given these metrics and our experience at the most recent Special Town Meeting I am comfortable initiating that limit as a new rule. I will remain flexible, given my discretion, to allow additional time if such is appropriate to more properly inform the meeting so it can make the best judgment possible for our community. Through my involvement in the Massachusetts Association of Moderators I have learned that many initiatives have been adopted elsew appropriate. For instance, some towns limit speaking to as few as two minutes, and have cumulative time limits for individuals throughout the meeting. Those communities suggest that it aids in deliberation and offers more cogent remarks. I am unwilling to adopt cumulative speaking limitations as I have seen no misuse throughout my tenure as Moderator. 5 All usual services and innovations of past Annual Town Meetings will remain, including Child Care provided by the North Andover Community Programs department, and the remote question participation service for those who cannot attend. The meeting will continue to be live broadcast and live streamed. I will keep conducting the meeting in a manner that offers an appropriately informal discussion among participants for the purpose of easing voter understanding of the issues to be decided during our annual community dialogue. I am pleased to report that your open-minded embrace of the changes made these past years has had consequence elsewhere. Communities across the state continue to note our initiatives such as use of real time on-screen editing of articles, live web streaming and broadcast of proceedings, personal financial disclosure requirements and the appointment of Citizen Advocates to guide attendees in crafting motions or amendments that they wish to present. Our most far-reaching initiative to allow questions to be submitted from citizens via email and text who cannot attend the meeting has prompted discussion across the Commonwealth. In this, our fifth year of allowing more open access to the meeting, there will be other towns adopting this extension of public involvement. It remains my strongly held belief that Town Meeting serves two constituencies those who attend and participate in the meeting, and those who are governed by what is decided at Town Meeting. While all power is in the room, all knowledge may not be in attendance. It is important to note that full authority of the meeting remains with those who take the time and effort to be present, listen, deliberate and act as our legislative body at the meeting. I have been selected co-chair of the Massachusetts Moderators Association 2040 Committee to contemplate how Town Meeting will look in that year. A full virtual Town Meeting experience sparked conversations in our Commonwealth to assure that Town Meeting does not become an anachronism a dinosaur of governance anchored to history and not relevant to the lives and society in which we live. We in North Andover should be rightfully proud of being pioneers. Please know, I am contemplating other iterative steps to test the future. The North Andover Town Charter gives the Moderator the unilateral power to establish rules of parliamentary procedure in simplified form for Town Meeting. Significant new rules of procedure, including the first-ever requirement of disclosure of personal financial interest, have now been established and part of our practice for the past six years deserve note for those who have not participated before. If you are a first time participant or just need a refresher please do read the rules below in order to make our deliberative experience together the most productive possible for the entire community. Active participation in our annual community assembly is a hallmark of Open Town Meeting. The general tenure of respectful deliberation and debate the three simple behaviors below: 1. Petitioners and follow-up speakers who address the meeting should provide only new information in an effort to persuade undecided voters. Continued repetition of 6 previously heard information as a show of support takes time and does little to positively influence the outcome of a vote. 2. Please refrain from inappropriate applause or negative responses during discussions. 3. The most persuasive statements at Town Meeting are often those succinctly stated, disclosing new facts or arguments in an effort to advance a position while retaining the Lastly, please review the Simplified Rules of Parliamentary Procedure, Addendums on Electronic and Visual Presentations, a Glossary of Town Meeting Terms and Participants as well as the Town By-laws that relate to Town Meeting. These rules and other information, presented below, will be helpful to all who attend, vote, speak, and/or present at Town Meeting. Town Meeting remains a unique tradition one we are evolving in practice and form with each session conducted, and initiative introduced and collectively established. Open Town Meeting remains the most direct and inclusive form of participatory democracy ever employed, by any form of government, anywhere on the globe. It offers opportunity for a vital community conversation in which free expression of ideas and opinions are celebrated - and its decisions have both immediate and generational influence. Your vote counts. Please choose to participate. Mark S. DiSalvo Town Moderator 179 Coventry Lane mdisalvo@sema4usa.com 978 683-4396 7 NORTH ANDOVER TOWN MEETING SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE The purpose of Town Meeting is to establish and update the By-laws, operational policies, budgets as our form of government since 1646. It represents the purest form of democracy in that every vote truly counts. Each registered voter is guaranteed an equal voice in the decisions made by the Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers the Town Moderator to establish the rules of Procedure under which Town Meeting is to be conducted. These rules are historically based on the traditions established by generations of North Andover citizens and by other New England communities, acting as legislators of their local governments. Specific parliamentary rulings and conduct are governed by the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as guidelines. The passing of each Town Meeting adds to the rich history and changes to that practice and tradition that helps guide future Moderators and meetings. not applied and have no bearing on conduct of our meeting. Past Moderators have utilized the book published by elected to utilize that resource when appropriate. Town Meetings across the Commonwealth of Massachusetts are similar, but not identical, in the and help define the role and latitude of the Moderator. At North Andover Town Meetings we will endeavor to present all necessary information in an efficient and timely manner so that the most clarity can be afforded to voters, enabling them to make informed decisions. Voters, in turn, have a unique responsibility. Not only must they express, by vote, the decisions made based upon their own judgment and perspective, but also be cognizant of the effect their vote and/or decision has on all citizens of North Andover. There are ten simple rules of procedure for North Andover Town Meeting: 1. The first action required after the announcement of any Article Warrant is that a Main Motion be proposed. The citizen sponsor of an article, Town Board sponsor, or Town Board with an affirmative recommendation, are likely movers of a main motion. The initial motion for the Town budget will be made by the Finance Committee. Any Town Board or voter may amend the motion for consideration and deliberation of the meeting. All motions must be seconded by a voter other than the person offering the main motion and only then can discussion and debate begin. 8 2. Any voter wishing to address the meeting must first gain the attention of the Moderator when no other speaker has the floor. Public microphones are to be utilized, where a speaker seeking to be recognized, being courteous to others and those next in line, will call out to be heard by addressing the Moderator. Speakers must introduce themselves using their full name and street address each time speaking at a session of Town Meeting. 3. Once recognized by the Moderator, a speaker is given a turn to speak for up to three (3) minutes and must address the meeting on only the article currently under discussion. Voters not doing so or speaking in a disrespectful fashion may be suspended from speaking on the matter at the discretion of the Moderator. Additional time can be granted by assent of the meeting, by prior arrangement with the Moderator, and at the discretion of the Moderator. Questions are welcome, as well as statements endorsing a position. A voter with a question will take precedence over anyone stating an opinion of support or non-support for an article. 4. Any person who has a financial interest in any article under discussion shall make a disclosure of that interest before speaking. Any person who is a spouse, parent, grandparent, child, brother, sister, or in-law of a person who has a financial interest in an article shall also disclose such relationship before speaking. The employment, whether paid or unpaid, of any person acting as an attorney, engineer, architect, land surveyor, broker, consultant, agent or in any other capacity by a person interested in the article under discussion, shall be disclosed before that person speaks. Violation of such disclosure, or refusal to disclose the required information, if asked, shall result in revocation of the spea Disclosure is not generally required of voters who are utilizing and/or are beneficiaries of Town services such as, for example, public safety, public works and public utilities, or parents of children in public schools. However, if the speaker has a personal financial interest beyond what is reasonably available to all eligible citizens, disclosure is required. 5. Town employees and/or appointed or elected officials are required to identify their position and whether or not they are speaking in an official capacity. Such identification shall satisfy the disclosure requirement unless there is a specific matter under discussion that does not involve their official capacity as an employee, appointed or elected official. A blanket initial identification, upon the first opportunity to speak, is acceptable for each session of the meeting unless the individual is not speaking in an official capacity. In such case, the speaker shall be compelled to make a disclosure. 6. All remarks should be addressed to and through the Moderator, for the benefit of all attendees. Direct questioning of others is not permitted. Questions may be directed, through the Moderator, to any petitioner, speaker or official and, if determined germane by the Moderator, the person asked will have the immediate opportunity to answer should they choose. 7. An amendment changing or limiting the main motion can be offered during the course of debate. The Moderator may rule an amendment out of order if it is beyond the scope 9 of the warrant article. The Moderator will redirect the discussion to consider the proposed amendment once it is properly before the meeting. Specific wording of any proposed amendment must be made available in writing to the Moderator and Town Clerk before it can be considered. The party proposing such motion shall concisely state, to the meeting, the consequence of the amendment on the existing main motion and/or article being considered. Should further reference or context be necessary to provide the meeting with full understanding of the amendment then this shall be 8. Respectful deliberation and debate are fundamental to Town Meeting. The Moderator may seek to establish a time limit on a specific article as a guide to the meeting in order to budget time and discussion. The Moderator will discourage repetitious statements. In due course it will become apparent that sufficient information has been presented and voters are ready to make their decision and the Moderator shall so rule. Motions to move the question to a vote are in order and are not generally subject to debate. A discretion, such motion may not be allowed and/or may be subject to debate, particularly if the motion to close debate would restrict informed consideration of the entire meeting and/or comes before an appropriate discussion has taken place on the main motion. 9. Votes are taken by two methods voic and declared to be complete by the Moderator when results are announced. The Moderator is empowered to make declaration of two-thirds (2/3), four-fifths (4/5), or other majority. If the determination of a voice vote is doubted, a request by at least seven (7) voters, either rising or standing in place, will mandate the Moderator to request a counted vote. Issues requiring a two-thirds (2/3), four-fifths (4/5), or other majority will be clearly identified to the meeting at the time the article is presented and again at the time of the vote. Articles that require greater than majority votes may be taken by voice and/or a limited counted vote for the efficient conduct of the meeting. 10. There may be no distribution of handouts, signage or other collateral within the confines of the meeting place at any time, whether while gathering together or during conduct of the Town Meeting. Handouts or other illustrative materials may be distributed outside the meeting hall before the check-in stations or placed on the table reserved for such materials by the Town Clerk. It is strongly encouraged that all materials clearly state the author and/or person(s) responsible for the content of the material. 10 Addendum A Advisory on Electronic and Other Visual Presentations Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must abide by this advisory as well as adhere to all rules regulating conduct of any speaker. The use of electronic/visual presentations are limited to provide necessary information that is not easily conveyed in verbal form, such as maps, graphs, charts and photos. The propriety of use is to improve the clarity of information given to the meeting. The Moderator will encourage consolidation of presentation material to benefit the attending voters, and to ensure balance during the debate. Electronic/visual presentations by Town agencies, with similar recommendations on an article, are encouraged to consolidate electronic/visual presentations into a single presentation. That presentation, scheduled with the Moderator at least one week prior to a Town Meeting, may, upon agreement by the Moderator, utilize up to 15 minutes, with the intent that it will reduce the time needed for multiple presentations and follow- on comment and response. The deadline for submission of a presentation may be Electronic/visual presentations by any citizen must also be coordinated with the Moderator at least one week prior to Town Meeting. All voters in attendance must be able to see and hear any presentation made, regardless of where they are seated in the venue. If this standard cannot be met then the presentation shall not be allowed as no voter, by happenstance of proximity to any presentation, shall have an advantage of more easily viewing any presentation over any other voter. Equipment availability is the responsibility of the petitioner/ presenter. Technical assistance and arrangements for display equipment must be coordinated with the Town Clerk and Moderator, at least one week before the meeting. Computers, projectors and screens may be available. Use of an overhead projector is not allowed. Equipment malfunction or any other reason for lack of ability to use any planned electronic or other visual display will not invalidate consideration of the article or keep the body from considering the motion. It becomes the responsibility of the petitioner/presenter to present arguments in another form within the rules of the Town Meeting. 11 Addendum B Glossary of Town Meeting Terms and Participants Town Meeting Town Meeting is the duly-called meeting in which all registered voters are eligible to participate. legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be called at any time to deal with issues that cannot wait for the next Annual Meeting. A Special Town Meeting is called by vote of the Selectmen or if two hundred (200) voters sign a petition requesting one. Warrant The Warrant is the official public notice of business to be considered at Town Meeting. It will be publicly posted throughout the Town, set a time and place for the meeting, and contain one or more articles. Once the warrant is opened by the Selectmen, articles may be submitted until the stated deadline. Article An Article is the self-described characterization of an issue to be decided at the meeting and must be clearly defined by the petitioner or sponsor. The content of the article must be clearly and completely explained so that voters will fully understand the context and meaning of the article. The scope of each article sets the bounds of actions that may be taken. Amendments or motions outside the scope of issues and/or actions presented in the article at the time of posting of the Warrant may not be considered at the meeting. Articles are submitted by Town Boards or agencies, citizen petitions of ten (10) registered voters at Annual Town Meeting, or one hundred (100) registered voters at Special Town Meeting. Main Motion A main motion is required for the meeting to act on a given article and must be within its scope. ion must be made and seconded for discussion to proceed; a favorable recommendation from the Finance Committee will be taken as a main motion, to be then seconded by an individual at the meeting. Affirmative rather than negative main motions are preferred to avoid voter confusion. Amendments Amendments may be offered to a main motion, debated and then accepted or rejected. All amendments must be submitted to the Moderator in writing. Individual amendments will be considered in the normal course of business, in turn. Amendments to amendments will be actively clarity to the issue under consideration. Upon all secondary motions having been voted, voters will return to discussion and vote on the main motion, whether amended or not. 12 Reconsideration Reconsideration of an action under any single or multiple article(s) may be proposed only once upon the conclusion of any article and prior to the commencement of the next. Whether offered for reasons of clarity or tactic to preclude reconsideration of votes already taken, the introduction of a motion to reconsider should not be done lightly as once reconsideration is denied, the decision on an article cannot be reversed or altered. However, Town By-law provides the Moderator discretion, for reasons which he shall state to the meeting, to allow a second motion for reconsideration of any action taken by any Town Meeting during that meeting or any previously adjourned session. Adjournment A motion of adjournment requires the meeting to convene at a certain future time, date and place. Dissolution Dissolution is the final act of a meeting. All issues will have concluded, and future discussion will require another separate meeting and duly posted warrant. Responsible Parties: Voters Voters are the ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials, with the exception of resolutions or advisory articles. Moderator The Moderator is the person elected and responsible for the conduct of the meeting. Establishment of rules, procedural rulings, conduct of debate, and voting are vested solely in the Moderator. Town Clerk The Town Clerk is appointed by the Town Manager and is responsible for distributing notices of any Town Meeting, keeping all public records associated with the meetings, and producing the debate and voting, and are used in formal enactment of local By-law. Selectmen The Board of Selectmen is an elected body responsible for calling the meeting and setting the ehalf between Town Meetings and oversee its management through the appointed Town Manager. School Committee The School Committee is an elected body responsible for setting policy and directing management of the schools, through its appointed Superintendent of Schools. 13 Finance Committee The Finance Committee is appointed by the Moderator and is responsible for specific recommendations to the Town Meeting on financial and certain other articles. This body of citizens has the obligation to investigate finance related articles proposed to the meeting and make independent recommendations in the best financial interest of the Town. Planning Board The Planning Board is appointed by the Town Manager and is responsible for administering the -law. This Board is required to hold hearings and make recommendations on articles which affect zoning or environmental issues. Town Counsel rulings and advise the meeting when that advice is needed. Executives, Staff and Committees Many other participants have strong interest in assuring the success of Town Meeting. They propose issues, explain interests and supply information to the voters. Included in this group are the Town Manager, Superintendent of Schools, Town Department Heads, and various other Town Committees. Operating Staff Significant effort is made to properly organize and operate Town Meeting. Town staff and volunteers provide the necessary support to conduct each Town Meeting and include Registrars of Voters, Voter Check-in Clerks, Counters, Public Safety Officers and Facilities Personnel of the building in which the meeting is held. 14 Addendum C Town Bylaw Affecting Town Meeting Chapter 59 § 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special Town Meetings. § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. § 59-4 Secret Ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (secret) ballot. § 59-5 Information Required for Consideration of Articles. A. The sponsor of any Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to the Finance Committee the following information: 1. Total estimated dollar cost of the Article including: a. Start-up costs. b. Reoccurring annual costs, including any increase in personnel and/or equipment purchases. c. Source of estimate. 2. Estimate of any possible revenues the project might generate. 3. Proposed source and/or mechanism for funding. 4. Reason(s) for the request, including but not limited to need. 5. Population group most likely to benefit or be affected by the project. 6. Possible alternatives to the requested proposal. 7. Schedule or time frame for completion of the project. 8. Any motions that would be introduced to support the Article as submitted. B. This information shall be provided within two (2) days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings. 15 § 59-6 Annual Town Meeting The Board of Selectmen shall vote to set the date of the Annual Town Meeting in accordance with Chapter 39 §9 of Massachusetts General Laws. Chapter 39 also permits the Board of Selectmen to postpone by vote an Annual Town Meeting. Any such postponement shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have been acted upon. § 59-7 Votes to be Declared by the Moderator The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. 16 ANNUAL FINANCE COMMITTEE REPORT TO VOTERS North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of I. E XECUTIVE S UMMARY position continues to remain stable due to prudent budgeting practices, which include using consistent and conservative revenue projections, as well as strategically allocating projected revenue to expenditures that work to achieve stated Town goals. Projected FY19 Town revenue and planned budget expenditures are expected to increase projections and planned expenditures, we believe the budget to be financially sound. Significant reductions in excluded debt (related to the North Andover Middle School and Osgood Hill) allow for School and Municipal government spending to increase 3.4%. The Capital Improvement Plan (CIP) is well funded, with financing costs at or below 5% of revenue through 2023. The CIP maintains the balance between sustaining our current financial position and making necessary improvements to our town and school infrastructure. The Town continues to fund adequate reserves for capital improvements, general operations (stabilization) and special education. Town reserve funds are available to lessen the impacts of any future negative macroeconomic fluctuations. The Community Preservation Committee is recommending spending $6.6M in Community Preservation Act (CPA) funds on projects in support of affordable housing and open space. Amongst the projects is $6M in support of the Community Fields and Recreation Complex behind the North Andover Middle School, which includes Hayes Stadium. The total cost of this project is estimated to be $8.8M spent over the next 3 years, with funds coming from the CPA, the Town, and other fundraised sources. Water and Sewer rates remain unchanged for the coming year with nominal growth in operating expenses. The Stevens Estate operations are healthy, with significant increases seen in event inquiries, tours, and reservations during FY2018. insurance, known as Other Post-Employment Benefits (OPEB). The OPEB long term liability stands at $108,920,003 as of June 30, 2017, with retiree health care cost growing 7-10% a year. The Town has formed an OPEB Committee to provide recommendations to town leadership on how to further address this liability. The School Department budget for FY19 reflects a 3.65% increase, with a majority of the budget increase being the cost of maintaining level services. On a long-term view, the strategic goals of reduced class size within the normal constraints of future Town budgets. continue to be, conservatively managed. The Town's Collective Bargaining Contracts, with 17 12 different unions, allow an annual effective salary increase of 2.84% over the three-year term of the contract. proposed FY19 budget. Our commentary below highlights some of the more important areas of the budget and the Finance Committee's views. II. B UDGET R EVIEW The FY19 proposed General Fund budget totals $97,646,214, an increase of 1.8% over the FY18 budget. The budget includes an increase in property tax revenues that is within the 2.5% statutory tax levy limit. The recommended budget balances investments with efficiencies, which allows North Andover to deliver quality services over the long term. The proposed Operating budget (the General Fund less non-departmental expenses) is 3.4% greater than FY18 expenditures. The Town Manager recommended a 3.65% increase for the School Department budget and a 3.1% average increase in remaining Municipal budgets. General trends and some of the more notable changes include: The significant reduction in debt of $1.2M (related to North Andover Middle School and Osgood Hill) largely offsets the operating budget increase to allow the Town to achieve an overall balanced budget. - time claims. The Retirement Assessment for pensions of current and retired non-school employees increased 8.9%, which is similar to the increase the year before. of pension expense determined by the State. The payment is made to the Essex Regional Retirement System. Group Health Insurance costs increased by 2.3% FY19 over FY18 compared to 6.2% the year before. This continues to reflect the significant benefit of the Town moving to the The School Department proposed budget increases 3.65% over the prior year: 2.81% primarily to maintain level services and the balance used to pay 7 new full time Anne Bradstreet Early Childhood Center (ECC) employees. The Public Safety Budget (Police, Fire, and Emergency Management) increased by 1.6%, reflecting their ability to effectively manage their operating costs. The Department of Public Works budget increased by 1.5%. The General Government portion of the operating budget is increasing 7.5% due to costs of switching to a new computer-aided mass assessment system, an additional election in 2019, and personnel expenses. The Support Services budget increased by 8.6%, mostly due to the hire of a full time Community Services Social Worker, as directed by the Board of Selectmen. For the seventh consecutive year, through successful management of the Water and Sewer Enterprise operations, there are no recommended water or sewer rate increases. 18 III. S CHOOL D EPARTMENT The North Andover School Department FY19 budget represents 49.9% of the total expenses of the town operating budget. The School Department budget was increased by 3.65% from FY18 to FY19, with 2.81% being the cost of level services. The additional .84% budget increase is mainly attributed to costs associated with the new Anne Bradstreet Early Childhood Center (ECC), such as additional staffing and the improvement of services at the Kindergarten level. This 3.65% the School Department. Over the last several years the School Committee and Superintendent have formulated a strategy focuses on critical steps to manage these needs, such as the following: Reduce the number of classrooms that exceed School Committee class size recommendations to 15%, therefore achieving their goal for FY19. This goal is attained by the opening of the ECC. Improve English-learning tutor retention with a compensation increase from $28.79 to $32/hour. This total cost of $14,700 will be funded through the student exchange program. Implement more consistent and rigorous curriculum initiatives with the use of the Curriculum fund. The Curriculum fund is comprised of Medicaid reimbursements that are used for curriculum and professional development. Given the recent success of this fund, the School Department is requesting the spending cap be increased from $250,000 to $400,000. The Finance Committee supports this request. Looking forward, we recognize that the School Committee must continue to focus on new initiatives in each budget cycle to achieve their long-term strategic goals. We anticipate discussing needs such as the following: Address elementary school class sizes by hiring approximately 6 teachers to fill the vacant classrooms that were created by the opening of the ECC. At this level of staffing, 100% of size goals. The physical constraints and staffing requirements of the North Andover Middle School (NAMS). To achieve NAMS classroom size goals, approximately 14 classroom teachers along with Special Education teachers and other support staff are required. NAMS classroom sizes are 4.9 students larger than the MA State average, at an average of 24.5 students per classroom. Create a comprehensive English language-learning program staffed by 3 certified EL teachers. Superintendent Price proposes that the long-term solution to the English Learners program is to add one certified EL teacher to the budget each year until 3 certified EL teachers are on staff. This program would replace the current tutor program, which requires constant vetting and scheduling of contracted tutors. The Finance Committee acknowledges the significant challenges of achieving the School ablished goals within an operating budget that must consider both school and comparable district average. North Andover spends $2,773 less per pupil per year than the comparable district average of $15,411 (DESE). This Committee commends the considerable work 19 that has been done thus far by the School Committee and Superintendent, and looks forward to reviewing a multi-year financial plan that supports their outlined strategic goals. IV. R ETIREE H EALTH I NSURANCE: O THER P OST-E MPLOYMENT B ENEFITS premiums is referred to as Other Post-Employment Benefits, or OPEB. The Town currently pays health insurance costs for all employees and retirees through the operating budget each year on a pay-as-you-go basis. Pay-as-you-go adequately covers the current year costs but does not pay down any of the long-term obligation. In contrast to pension obligations, North Andover has not yet set aside significant resources to prefund our OPEB liabilities. If not properly addressed, the Town may have difficulty paying retiree health benefits in the future while still adequately funding other investments, including education, transportation and infrastructure. and document the issue, and to recommend potential solutions. As of June 30, 2017, North liability was $108M. To begin to cure the unfunded portion of this liability, town management prudently established an OPEB Stabilization Fund in 2015, and an OPEB Trust Fund hen possible. The trust fund balance is currently $1.7M, which is 1.6% of the OPEB liability. The greater financial community is keenly aware of the OPEB issues that impact not just North Andover, but municipalities nationally. Given that North Andover has established both stabilization and trust funds to address OPEB, and has now formed a committee to provide further recommendations to our elected policy makers, North Andover is ahead of some other communities that have not taken any steps to address this issue. The Finance Committee anticipates reviewing the findings of the OPEB Committee and their subsequent recommendations over future months. V. R ESERVE FUNDS Reserve funds are established to allow consistency in Town operations so that paying unforeseen expenses does not result in cutbacks to other Town services or employees. Reserves also allow the Town to set aside funds for capital projects. The use of reserve funds is governed by formal policies adopted by the Board of Selectmen and the Finance Committee in concert with the Town Manager. Each fund has a defined floor and ceiling. These policies ensure adequate funds on hand, but prevent the accumulation of excessive balances. Once targeted funding levels are reached, some of the funds are either spent for their intended purposes or no further additions are made. Reserve policies and funded reserves demonstrate sound fiscal stewardship to the financial community, which in part has enabled the Town to achieve its current AAA bond rating. Favorable bond ratings allow the Town to borrow money at lower interest rates, making the cost of borrowing less. The Town has made funding these reserves a cornerstone of annual budget planning, and has largely done well in funding such reserve accounts. Last year, in this letter, the Finance Committee expressed its concern with the challenge of funding Other Post-Employment Benefits (OPEB) obligations. The Town formulated the OPEB Committee discussed earlier in response to this concern. 20 The following table outlines the current Reserve Funds and recommended additions for FY19. All additions are supported by the Finance Committee: NORTH ANDOVER RESERVE FUNDS FY19 Proposed New Target Current Change Balance Funding Est. (Warrant (if Level Fund Name Fund Purpose Balance Article) approved (Ceiling) (19) Stabilization Supports operating 4,573,685 77,656 4,651,341 4,651,341 budget when revenues unexpectedly drop or in the case of unforeseen expenses Capital Funding of projects 540,456 -0- 540,456 952,501 Stabilization approved under CIP. Minimize need for debt, provide flexibility. SPED To respond to 409,196 -0- 409,198 $750,000 Stabilization unforeseen special education costs (21) OPEB To offset cost of 529,240 (529,240)* Stabilization Other Post- 2,554,445 5,366,085 Employment Benefits for retired employees (15, 20) OPEB Trust Same as above 1,737,436 325,000** ## ## Town access to OPEB Trust funds is restricted, because they are managed by the State Pension Retirement Insurance Trust (PRIT). The FY18 Fiscal Year to Date Return on Investment for PRIT through February 2018 is 7.5% vs. the estimated Return on Investment (ROI) for the OPEB Stabilization Fund of .85 % for the same period. * Shift in funds within the OPEB Stabilization funds of $529,240 from OPEB Stabilization to OPEB Trust. All OPEB reserves are now in the restricted Trust (PRIT) as a continued commitment to maximizing ROI on funds earmarked for Post Retirement Employment Benefits. ** $250,000 transfer from Health Insurance Trust Fund established with savings from the transfer of employee health insurance from self insurance to the GIC State plan (Article 20) and $75,000 transfer from the Operating Budget (Article 15). 21 VI. S TAFFING AND C OMPENSATION General Fund Municipal Government/Support Services -school) Operating budget includes personnel costs of $15.7M, or 66% of the General Fund Municipal Operating budget. Similar to FY18, the staffing for FY19 includes a 2.0 full time equivalent (FTE) increase over the previous fiscal year. This 2.0 full time equivalent (FTE) increase includes the following break-down: Community Services Social Worker: 1 FTE Treasurer/Collections Department: .5 FTE 3 additional hours to create a Part-Time Administrative Assistant in the Library: .1 FTE Increase share of School IT Director to Shared Services: .2 FTE Coverage for Given the significance of personnel costs for the Town, they are and should continue to be actively reviewed and managed. General Fund School Department The approved School Department budget for FY19 recommends an increase of 7.0 full time equivalent positions, all of which are associated with the new Anne Bradstreet Early Childhood Center. This 7.0 full time equivalent (FTE) increase includes the following break-down: Teachers: 2.5 FTE School Nurse: .5 FTE Counselor: 1 FTE Administrative/Custodial Staff: 1.9 FTE Principal: .8 FTE Support Specialists: .3 FTE Collective Bargaining Contracts Most Town employees are covered by one of 12 collective bargaining contracts, one or more of which expire every year and are renegotiated, making union negotiation an ongoing responsibility for administration. Collective bargaining contracts are usually negotiated for three years and include pay and benefits. They become public records when approved by the Board of Selectmen or School Committee and The typical three-cost of living adjustments (COLA) Committee determine how much must be allocated to cover these pay increases. ge of some of the more difficult to estimate time-off benefits such as sick, personal, bereavement, family leave and other time-off provisions. When an employee takes time off or is away from work to attend 22 mandated training, the employee that covers for the absent co-worker is entitled to overtime pay. Examination of the second and third year COLA increases in recent union contracts show that most are at 2%, while there are slightly larger increases in year one. The Town Manager, Superintendent, Police and Fire Chiefs are not union employees. Each negotiates their own employment contract with the Town. Other managers and administrators not specifically included in union contracts are employees-at-will serving at the pleasure of the Board of Selectmen or School Committee. VII. C APITAL I MPROVEMENT P LAN (CIP) The improvement and maintenance of Town infrastructure and services requires annual funding as described in the Capital Improvement Plan, also known as CIP. It is worth noting that capital projects which cost less than $50,000 are included in the operating budget and are not tracked in -year plan for capital improvements. The total FY19 CIP budget, excluding our Water, Sewer and Stevens Estate operation is $9M, of which $6.7M or 74% is for the construction cost of the Senior Center ($5.5M), additional construction cost for the new Anne Bradstreet Early Childhood Center ($0.5M), as well as improvements to pedestrian and vehicle access adjacent to the new Anne Bradstreet Early Childhood Center ($0.7M). $1.6M or 18% is allocated to the Department of Public Works as part make necessary upgrades in various departments like police, school, facilities and information technology. The FY19 CIP budget for our Water, Sewer and Stevens Estate operation is $1.1M, which will be 100% funded by retained earnings. The majority of these funds will be used to make upgrades to our water system. Looking forward, the total CIP budget for the next five years (FY19 to FY23), excluding our Water, Sewer and Stevens Estate operation, is $29.7M. Of this amount, only $24.1M or 81% will be bonded, resulting in debt service on or below our target of 5% of revenue through 2023. Given that this is one of the criteria to maintain our coveted AAA bond rating, it is critical to remain below this threshold. Other key items in the CIP budget over the next five years include the following: $16.0M or 55% of the total CIP budget is allocated to the implementation of the Facilities Master Plan Phase I and II, which is currently on time and within budget as approved by previous Town Meetings from 2012 to 2017. $7.5M or 26% of the total budget is allocated to the Department of Public Works, of which $6.5M will be spent to maintain our roads, parks, water and sewer mains, and other infrastructure. $1.0M was allocated to replace dump trucks and a backhoe. The remaining budget of $5.6M or 19% is allocated among other departments. $2.8M is allocated to Police and Fire Departments to allow them to continue to maintain a high level of service. $1.7M is allocated to the School Department mainly for improving its Information Technology infrastructure as well as driveways. 23 The total CIP budget for Water, Sewer and Stevens Estate operations for the next five years is $7.0M, of which only $0.9M will be bonded. The balance of 87% will be funded by retained earnings. The majority of the budget of $4.6M, or 65%, is allocated to our water treatment plant, which is now 20 years old and requires major improvements and upgrades in the 2019 to 2023 time frame. The Finance Committee performed an in-depth review of the Capital Improvement Plan for all departments, including the Water, Sewer and Stevens Estate operation. Each project is tracked by a project sheet which contains a description, justification, funding requirements by year and schedule for completion. Each project is rated and scored based upon agreed ranking. The criterion refl stewardship. The project with the highest scores receives priority funding. We recommend the approval of the proposed Capital Improvement Plan budget for FY19 as presented. VIII. C OMMUNITY P RESERVATION F UND - F IELDS AND R ECREATION C OMPLEX In 2016, a committee was formed by the Board of Selectmen to study and make recommendations to improve the community recreation space behind the North Andover Middle School, which includes Hayes Stadium. They brought forth a proposal to substantially change the property from an underutilized field and stadium to a state of the art fields and recreation complex. The cost estimate is $8.75M of which the Community Preservation Committee (CPC) has committed $6M, $4M in 2019 and the balance spread out over the two years; $1.25M of the money will come from private sources including those who will benefit the most from the complex; and the balance of $1.5M coming from Town funds. CPC monies are restricted to certain uses such as open space and recreation. The Finance Committee supports the use of Town Funds, in synergy with Community Preservation Funds, to complete a transformational project that will benefit generations to come. IX. E NTERPRISE F UNDS Enterprise funds by State law are required under Chapter 44 Section 53F1/2 to be self-sustaining, requiring that the revenues from the operations are sufficient to fund all direct and indirect expenditures of the fund. The funds operate much in the same way as a for-profit business, although profit or retained earnings are not the prime motivator. Under Town reserve policy, our Enterprise Funds (Water, Sewer, and the Stevens Estate) must maintain retained earnings equivalent to a minimum of three months of appropriated expenses. This policy provides rate stability in the Water and Sewer Enterprise Funds. The policy further provides that retained earnings in excess of four months will be appropriated to offset user fees directly or indirectly through capital project pay-as-you-go funding of enterprise fund projects. The FY19 Enterprise Fund Budgets reflects an overall decrease of 1.3% or $140K when compared to the FY18 budget. 24 Water Fund FY19 will be the seventh consecutive year of no increases in the water rate for the town. Operating expenses are expected to grow a nominal 1.2% over FY18, however the total FY19 Water Fund budget is decreasing 4.3% or $246K over FY18. Much of this decrease is due to a smaller transfer to capital of $875K compared with $1.2M in FY18. The department is expected to continue to maintain a low expense to debt ratio, even while conducting significant upgrades to the water treatment plant and distribution infrastructure. Sewer Fund As with the Water Enterprise Fund, we are looking forward to another year of unchanged sewer rates. While the operating portion of the FY19 budget is expected to grow a nominal $1.4K, the total budget is expected to grow $81K or 1.7% over the prior year, largely due to increase in the Sewerage Assessment (GLSD). Five communities share the costs of the Greater Lawrence Sanitary District (GLSD) for sewer into the plant. As a result of recent EPA and state environmental regulations, all towns connected to the GLSD plant are taking measures to reduce storm water runoff and improve sewer infrastructure, resulting in reductions of waste water and flows into the plant. Stevens Estate Of all the Enterprise Funds, this asset is run and managed much like a for-profit business, with strategic goals to help it sustain and grow for many years. For the FY19 fiscal year, the Stevens Estate has projected operating revenue of $547K, a 4.8% increase from FY18. Additionally, an estate capital improvement plan is currently underway, funded by retained earnings to pay for much needed capital improvements and deferred maintenance. In FY19, the planned to grow $25K or 4.8% over prior years. X. F INANCE C OMMITTEE R EVIEW P ROCESS AND C ONCLUSION The Finance Committee is a representative group of nine taxpayers appointed by the Town Moderator who conduct a thorough review of municipal finance on behalf of all North Andover citizens. y role is to advise and make recommendations to Town Meeting on the budget and other areas of Town finance. We review and help explain the budgetary process and fiscal tools used by Town officials to manage municipal and school services. Our focus is to evaluate the operating budgets, capital budgets, and debt service to ensure that the Town is cost- effective in the delivery of those services. In addition, we evaluate multi-year projections of revenues, expenditures, and capital improvements. We had meetings with the Superintendent of Schools, Dr. Jennifer Price and the School Simons; and the Town Manager Andrew Maylor, Assistant Town Manager Raymond Santilli, Finance Director Lynne Savage, and several Department Heads. We are impressed with the professionalism of the town management team and the passion and dedication of all. We 25 appreciate all who have given generously of their time to respond to information requests and present budget materials. projections and planned operating and capital budget to be sound, and recommend approval by the Citizens of North Andover at Town Meeting. Regards, The North Andover Finance Committee Members Ed MacMillan Chuck Trafton Divya Bhatnagar Elizabeth Gerron Jennifer Goldman Karin Blake Sasha Weinreich Tim Tschirhart Thomas Ringler 26 Annual Town Meeting Warrant May 15, 2018 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street, Tuesday, May 15, 2018, at 7:00 PM then and there to act upon the following articles: Article 1: Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote CONSENT ARTICLES: Articles 2, 3, 4 and 5 may be considered by a single vote if there is no objection (requires unanimous consent). 27 Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2017 Annual Town Report, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four (4) members of the Board of Selectmen or the School Committee, as appropriate, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Majority Vote 28 Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote Article 6: Amend General Bylaws Chapter 44 Public Meetings, Section 1 Televising of Board Meetings. To see if the Town will vote to amend Section 44-1 of the General Bylaws as follows: § 44-1 Televising of Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Community Preservation Committee, Board of Selectmen, School Committee and Finance Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined second floor meeting room, the school administration building meeting room, or other locations shall be posted in accordance with the requirements of the Open Meeting Law, Massachusetts General Law, Chapter 30A, Sections 18-25 and shall contain the date, time and place of such meeting and a listing of topics that the chair reasonable anticipates will be discussed at the meeting, including application names. If there is a scheduling conflict with the use of the a meeting room, shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting Law, M.G.L. c.30A, Sections 18-25. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Community Preservation Committee, Board of Selectmen, School Committee or Finance Committee. or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote 29 EXPLANATION: At its meeting on February 8, 2018, the Community Preservation Committee unanimously voted to have their meetings televised in order to keep the community more informed about the Community Preservation Act, the applications the Committee receives, and the process for recommendations. Article 7: Adoption of General Bylaws - Recodification. To see if the Town will vote to accept and approve the renumbering and revision of the various bylaws of the Town as set forth in the Final Draft of the Code of the Town of North Andover, dated March 2018 and said Code being a recodification and revision of the present bylaws of the Town. All bylaws of a general and permanent nature, as amended, heretofore in force and not included in the Code shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law, and such repeal shall not apply to or affect any bylaw, order or article heretofore adopted accepting or adopting the provisions of any statute of the Commonwealth. These bylaws shall be or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Vote required: Majority vote EXPLANATION: General Bylaw. The goals of this recodification effort were to: (1) create a document that is easy for users to navigate; (2) simplify and update the language of the Bylaw whenever possible without losing the meaning or intent of the Bylaw and; (3) provide a structure that is both predictable and flexible enough to accommodate amendments over time. That recodification process was completed in March of 2018. A copy of the recodified Bylaw has been available to the public since that time. An affirmative vote on the Article will adopt the recodified Bylaw. 30 Article 8: Authorization to Accept the Donation of Land on Sutton Street. To see if the Town will vote to authorize the Board of Selectmen to accept a donation or gift of a parcel of land located on Sutton Street consisting of approximately___(square feet)_______ more or less as shown on the plan entitled ____________, dated___________ prepared by_____________ for the purpose of construction of a Senior Center and necessary parking spaces or any other public purpose on terms and condition the Board deems to be in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Vote required: Majority vote EXPLANATION: The owner of a series of parcels of land on Sutton Street has agreed to donate a portion of that land for the construction of a new Senior Center. Although there is no cost to the Town, Massachusetts General Law requires Town Meeting approval for the acquisition of land. The Senior Center project is part of the previously approved Facility Master Plan and the funding for this project can be found as part of the Capital Improvement Plan in Article 10. Article 9: Transfer of Land for Recreation Complex. To see if the Town will vote to transfer Parcel Complex Parcel Configurati27, 2018 and prepared by Christiansen and Sergi, from the School Committee for school purposes to the Board of Selectmen for general municipal purposes. or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: School Committee Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote 31 EXPLANATION: Recreational lot is made up of several lots which are currently held under the care, control and custody of the School Committee and/or the Board of Selectmen. In order to eliminate this ambiguity and make clear that the future and perpetual use of this property will be recreational purposes, this article transfers the care, custody, control and management of the lot to the Board of Selectmen. Pursuant to Massachusetts General Laws c. 40, §15A, a two-thirds (2/3) vote is required to make the transfer. This Parcel will be the future home of the Recreation Complex proposed for funding in Articles 11 and 12. Article 10: Appropriation Capital Improvement Plan for Fiscal Year 2019. To see if the Town will vote to fund the Capital Improvement Program and with the language included, 32 FY19 CIP Recommendations Board of SelectmenAuthorized to Other Funding Finance CommitteeSourcesBorrow under Retained (Grants, Chapter Earnings/ Free Town Manager 90, CPA & Spec Raise & Cash/CIP Excess bond Line #Project DescriptionRecommendationsRev)AppropriatedStabilizationProceedsChapter 44 Facilities Master Plan Implementation 2019 1$ 5,964,500 $ - $ -$ (1,000,000)$ - $ 4,964,500 Pedestrian/Vehicle Access Improvements 2$ 750,000 $ - $ -$ -$ - $ 750,000 3 Playground Improvements (townwide)$ 50,000 $ - $ -$ -$ - $ 50,000 Municipal IT (FY19-FY23) 4$ 50,000 $ - $ -$ -$ - $ 50,000 New Motorola Officer Assigned Portable Radios 5$ 247,307 $ - $ -$ -$ - $ 247,307 6 Roadway Improvements (FY19-FY23)$ 1,230,000 $ (820,000) $ -$ -$ - $ 410,000 7 Sidewalks (FY19-FY23) $ 75,000 $ - $ -$ -$ - $ 75,000 8 6 Wheel Dump Truck $ 185,000 $ - $ -$ -$ - $ 185,000 9 Backhoe$ 110,000 $ - $ -$ -$ - $ 110,000 10 Building Maintenance (FY19-FY23) $ 225,000 $ - $ -$ -$ - $ 225,000 11 School IT (FY19-FY23) $ 100,000 $ - $ -$ -$ - $ 100,000 General Fund Total$ 8,986,807 $ (820,000) $ -$ (1,000,000)$ - $ 7,166,807 Chemical Storage Tank & Feed System Improv. 12$ 370,000 $ - $ -$ (370,000)$ - $ - Water Main Replacement 13$ 400,000 $ - $ -$ (400,000)$ - $ - 14 Water Distribution Truck$ 105,000 $ - $ -$ (105,000)$ - $ - Water Enterprise Fund Total$ 875,000 $ - $ -$ (875,000)$ - $ - 15 Improvements to various Pump Stations$ 100,000 $ - $ -$ (100,000)$ - $ - Sewer Enterprise Fund Total$ 100,000 $ - $ -$ (100,000)$ - $ - 16 Main House Improvements$ 45,000 $ - $ -$ (45,000)$ - $ - 17 Main House Boiler & Plumbing Improvements$ 75,000 $ - $ -$ (75,000)$ - $ - Stevens Estate Fund Total$ 120,000 $ - $ -$ (120,000)$ - $ - Total All Funds$ 10,081,807 $ (820,000) $ -$ (2,095,000)$ - $ 7,166,807 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow, $7,166,807 for the appropriations, or portions there of under items 1thru 11 under chapter 44 of the Massachusetts General Law or any other enabling authority and that any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount; (2) The appropriation for item 1 , above shall be funded in part with Free Cash in the amout of $1,000,000; (3) The appropriation for items 12, 13 & 14 above shall be funded with Water Enterprise fund retained earnings in the amount of $875,000; (4) The appropriation for item 15 above shall be funded with Sewer Enterprise fund retained earnings in the amount of $100,000; (5) The appropriation for items 16 and 17 above shall be funded with Stevens Estate Enterprise fund retained earnings in the amount of $120,000; 33 or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: A Capital Improvement Plan (CIP) consists of projects that are major, non-routine expenditures for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). Article 11: Appropriation Recreation Complex. To see if the Town will vote to appropriate $1,500,000 as follows: from Free Cash $833,505; from General Fund Bond Premiums $363,454 and from; the Sale of Property Fund $303,041, to make improvements to the recreation space and parking lots alongside Chickering Road between the North Andover Middle School and the Early Child Center and currently the location Hayes Stadium and other fields, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote required: Majority Vote 34 EXPLANATION: The Recreation Complex project is the most comprehensive open space/recreational improvement project ever undertaken in the history of the Town. The space is the current home of Hayes Stadium, various ball fields, and the associated parking. The Community Preservation Committee (CPC) funded a study in 2016 to evaluate various options to improve and expand the use of the space. Subsequently the Board of Selectmen formed a committee to develop design options and hold public meetings to obtain public input. In 2017 the CPC funded the $600,000 cost of the full design, cost estimate, and construction supervision of the project. A plan depicting the project is shown below. The full project cost is $8,750,000 and the plan includes a walking track, ball fields, various playgrounds and courts, and an amphitheater. The project will be funded with $6 million in Community Preservation funds (see Article 12), $1.5 million in town funds (this Article) and $1.25 million in private funds to be raised by various groups. This Article uses funds from existing accounts that can only be used for large scale capital purposes to fund a portion of the project. 35 Article 12: Report of the Community Preservation Committee Appropriation from Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee, or to take any other action relative thereto. List of Approved Projects Community Preservation Fund Description Amount Category North Andover Housing Authority $ 80,600 Affordable Housing Emergency Generators North Andover Housing Authority $ 75,000 Affordable Housing Capital Needs Assessment North Andover Housing Authority $ 79,000 Affordable Housing Bingham Way parking lot paving Affordable Housing Trust $ 100,000 Affordable Housing Playground Renovation Program $ 200,000 Open Space/Recreation Atkinson School and Carl Thomas Weir Hill Parking Lot $ 32,250 Open Space/Recreation Recreation Complex $6,000,000 Open Space/Recreation Historical Preservation Reserve $ 199,500 Historical Preservation Administrative Costs $ 50,000 Administrative/Operating Expenses Total for Requested Projects $6,816,350 Community Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Majority Vote 36 EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA, adopted at a Special Town Meeting in January 2001, and by the voters at the Town Election in March 2001, levies a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property is exempted, and a complete exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate-income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) historic preservation; c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $308,053 or 19.1% in FY18 from the Commonwealth. Article 13: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Massachusetts General Laws Chapter 41, §108 as follows, Board of Selectmen/Licensing Commissioners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 14: Revolving Fund Spending Limits. To see if the Town will vote to authorize the following expenditure limits for revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2018, or take any other action related thereto: 37 FY 2019 Revolving AccountExpenditure Limit Wheelabrator Planning$ 35,000 Wheelabrator Public Safety$ 30,000 Health Dept. - Food Inspections$ 35,000 Health Dept. - Septic Inspections$ 25,000 Field Maintenance$ 5,000 Health Dept. Revolving$ 30,000 Youth and Recreation Services Revolving$ 350,000 Elder Services - COA Revol$ 25,000 Fire Department$ 20,000 School Curriculum$ 400,000 Storm water Bylaw$ 50,000 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote Article 15: Appropriation General Fund for Fiscal Year 2019. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019, 38 FY19 GENERAL FUND BUDGET Fiscal YearFiscal Year Fiscal Year 201820192019 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend Revenues & Other Financing Sources Operating Revenues Property Taxes72,805,77174,380,52674,380,526 Local Receipts9,986,93610,341,21610,341,216 State Aid10,805,03810,805,03810,805,038 Operating Transfers1,652,3261,691,7771,691,777 Total Operating Revenues95,250,07197,218,55897,218,558 Other Fin. Sources Free Cash659,8310911,161 Overlay Surplus000 Others one time revenues000 Total Other Fin Sources659,8310911,161 Total Opr. Rev. & Fin Sources95,909,90297,218,55898,129,719 Operating Expenses GENERAL GOVERNMENT Town Moderator850850850 Selectmen/ Town Manager354,922377,277387,277 Human Resourse174,865179,241179,241 Town Accountant240,353257,771257,771 Finance Committee800800800 Treasurer/Collector 338,077398,004398,004 Assessing342,953389,949389,949 Legal163,300164,315164,315 Town Clerk294,431382,326347,926 Community Development225,721202,780192,780 Planning 170,659177,089177,089 Conservation127,225123,819123,819 Board of Appeals19,93919,38519,385 Salary Reserve000 2,454,0942,673,6092,639,209 39 Fiscal YearFiscal Year Fiscal Year 201820192019 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend PUBLIC SAFETY Police Department5,137,4635,166,9395,155,939 Fire Department5,308,1605,357,4185,354,018 Public Safety Salary Reserve134,417233,957233,957 Inspectional Services295,348304,202301,502 Emergency Management34,18249,02740,476 10,909,57011,111,54411,085,892 EDUCATION N A Public School47,035,18748,751,97148,751,971 Full Day Kindergarten 000 Special Education000 47,035,18748,751,97148,751,971 PUBLIC WORKS Administration463,135484,598484,598 Street & Sidewalks968,8931,006,3101,001,310 Solid Waste/Recycling1,321,4561,341,5281,341,528 Fleet Maintenance413,200375,726375,726 Structures & Grounds602,228622,165606,365 Salary Reserve000 Snow & Ice Removal934,500936,200966,200 4,703,4114,766,5274,775,727 HEALTH & HUMAN SERVICES Health Department234,325241,380241,380 Elder Services273,013282,336297,336 Youth Service331,050348,411348,411 Veterans Service413,487414,469414,469 Salary Reserve000 1,251,8751,286,5961,301,596 CULTURE & RECREATION Stevens Library1,042,1571,083,8561,084,521 Salary Reserve000 1,042,1571,083,8561,084,521 SUPPORT SERVICES Admin Support61,863167,372167,372 Outside Auditing55,00055,00055,000 Information Technology1,277,1631,321,1841,316,658 Structures and Grounds319,613324,550324,550 Salary Reserve000 1,713,6381,868,1061,863,580 40 Fiscal YearFiscal Year Fiscal Year 201820192019 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend DEBT SERVICE Excluded - Principal - Long Term1,795,000585,000585,000 Excluded - Interest - Long Term116,60674,55974,559 Excluded - Interest - Short Term000 Included - Principal - Long Term3,590,9993,680,6793,680,679 Included - Interest - Long Term1,010,2761,018,1691,018,169 Included - Interest - Short Term000 6,512,8825,358,4075,358,407 EMPLOYEE BENEFITS Retirement Assessment4,763,7875,189,2805,189,280 Workers Comp508,987479,200473,893 Unemployment Compensation75,00090,00090,000 Group Insurance11,241,43311,500,00011,500,000 Payroll Taxes735,000771,750771,750 Police & Fire Accident & Sickness Inc.100,30098,90098,900 17,424,50718,129,13018,123,823 LIABILITY INSURANCE 420,000420,000420,000 MISC. NON DEPARTMENTAL COST Regional Schools - Greater Lawrence Tech447,859470,252470,252 Regional Schools - Essex Agricultural School223,392223,392223,392 OPEB Trust50,00075,00075,000 721,251768,644768,644 Total Non - Departmental Cost25,078,63924,676,18124,670,874 Annual Town Meeting Vote 94,188,57196,218,38896,173,369 41 Fiscal YearFiscal Year Fiscal Year 201820192019 RECAPDepartment Board of RequestSelectmen & Finance Committee & Town Manager Recommend CAPITAL & RESERVES Finance Committee Reserve000 Transfer to Stabilization Fund159,831077,656 Transfer to Capital Stabilization Fund350,00000 Transfer to OPEB Trust 150,00000 Transfer to Capital Project (Recereation Complex)00833,505 Transfer to Special Education Stabilization000 Deficits ( Snow and Ice)000 Deficits (overlay)000 Overlay566,310550,000550,000 1,226,141550,0001,461,161 STATE ASSESSMENTS Spec Ed13,14413,14413,144 Mosquito Control94,62994,62994,629 Air Pollution Districts9,6969,6969,696 Regional Transit218,300218,300218,300 RMV Non Renewal Surc20,24020,24020,240 School Choice46,30446,30446,304 Charter School Assessment92,87692,87692,876 Essex County Agricultural Assessment000 495,189495,189495,189 General Fund Budget95,909,90297,263,57798,129,719 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 150,394 FROM FREE CASH$ - $ 150,394 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote 42 EXPLANATION: This Article is the Fiscal Year 2019 appropriation of funds for the Town a statement on how we choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day operation functioning of the Town by paying for recurring expenditures for programs and services, employee salaries, rents, utilities, supplies, insurance and debt service. The Library, Schools, Police Department, Fire Department, Elder Services and dozens of other town departments rely on this funding to provide services to you on a daily basis. The level of funding, and the choice of how we allocate that funding at Town Meeting determines the level of services that visitors, residents and businesses receive in the coming year. The operating budget consists of local aid received from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All Town activities, not specifically directed to other accounts such as Water or Sewer Enterprise Funds, are funded through this budget. A this appropriation. Rather than being asked to vote on each line item, Town Meeting is asked to vote on the various sub-totals listed below reflecting the overall budget for each category. By approving the sub-totals, rather than individual line items, the Town Manager will have spending flexibility within those programs so long as the Town Manager does not exceed the sub-total amount for the category. A majority of the Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so inclined (although this would limit the General Government $ 2,639,209 Public Safety $ 11,085,892 Education $ 48,751,971 Snow and Ice Removal $ 966,200 All Other Public Works $ 3,809,527 Health & Human Services $ 1,301,596 Culture & Recreation $ 1,084,521 Support Services $ 1,863,580 Debt Service $ 5,358,407 Employee Benefits $ 18,123,823 Liability Insurance $ 420,000 Regional Schools $ 693,644 Other (OPEB Trust) $ 75,000 43 Article 16: Appropriation Water Enterprise Fund for Fiscal Year 2019. To see if the Town will vote to appropriate the amount of $5,485,124 in aggregate, for the purpose listed under column "FY19 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,485,124 be raised from Water receipts and from these receipts $994,215 be transferred to the General Fund for indirect cost and $875,000 to Capital Projects, WATER ENTERPRISE FY19 Recommendation FY19Town Manager FY18DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 963,7051,011,7021,011,702 Expense 1,585,8761,605,4571,605,457 Debt Service 999,561998,750998,750 Sub-Total Direct Expenditures3,549,1423,615,9093,615,909 Transfer to Capital Projects 1,212,500875,000875,000 Admin/Indirect 969,966994,215994,215 Total Water Enterprise5,731,6075,485,1245,485,124 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund. The fund is supported by water usage charges. The water rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the consumption of water by the users. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. In addition a transfer from retained earnings in the amount of $875,000 is recommended to cover pay-as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the water department according to projected needs. 44 Article 17: Appropriation Sewer Enterprise Fund for Fiscal Year 2019. To see if the Town will vote to appropriate the amount of $4,741,484 in aggregate, for the purpose listed under the 9 Recommendation: Town Manager, Board of Selectmen, Finance Committee the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,741,484 be raised from sewer receipts and from these receipts $467,866 be transferred to the General Fund for indirect expenses and $100,000 to Capital Projects, SEWER ENTERPRISE FY19 Recommendation FY19Town Manager FY18DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 390,315384,128384,128 Expense 309,420322,862310,895 GLSD Assessment 2,100,0002,398,5222,398,522 Debt Service 1,304,0421,070,0741,080,073 Sub-Total Direct Expenditures4,103,7774,175,5864,173,618 Transfer to Capital Project 100,000100,000100,000 Admin/Indirect 456,454467,866467,866 Total Sewer Enterprise4,660,2314,743,4514,741,484 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote EXPLANATION: The purpose of this article is to fund the Sewer Enterprise Fund. The Fund is supported by sewer usage charges. The sewer rate is set by the Board of Selectmen and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Sewer Department and are expensed through the General Fund, or operating budget. In addition, a transfer in the amount of $100,000 from retained earnings is recommended to cover pay- as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the department according to projected needs. 45 Article 18: Appropriation Stevens Estate Enterprise Fund for Fiscal Year 2019. To see if the Town will vote to appropriate the amount of $546,772 in aggregate, for the purpose listed under the column "FY19 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $546,722 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $79,303 be transferred to the General Fund for indirect expenses and $120,000 be transferred from Retained Earnings to Capital Projects, STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY19 Recommendation FY19Town Manager FY18DepartmentBoard of Selectmen BudgetRequestFinance Committee Personnel 151,442172,378172,378 Expense 182,950185,590175,090 Debt Service 000 Sub-Total Direct Expenditures334,392357,968347,468 Transfer to Capital Project 110,000120,000120,000 Admin/Indirect 77,36979,30379,303 Total Stevens Estate Enterprise521,761557,272546,772 or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens Estate at Osgood Hill. Fees charged to individuals and groups using the facility and grounds for private events support the Estate. In addition a transfer in the amount of $120,000 from retained earnings is recommended to cover pay-as-you-go Capital Projects. An affirmative or yes vote will ensure the operation of the department according to projected needs. 46 Article 19: Transfer to Stabilization. To see if the Town will vote to transfer $77,656 from available funds or free cash into the Stabilization Fund, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote EXPLANATION: This Stabilization Fund. The amount requested allows the Town to comply with the provisions of the Financial Reserve Policies to maintain a total fund balance of 5% of General Fund Revenues. This is a fund designed to accumulate amounts for future spending purposes, although it may be appropriated for any lawful purpose (MGL c40, §5B). Communities may establish one or more stabilization funds for different purposes and may appropriate into interest shall be added to and become a part of the funds. A majority vote of Town Meeting is required to appropriate money to the stabilization fund. Article 20: Transfer of funds from the Health Insurance Trust Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund. To see if the Town will vote to transfer a sum of $250,000.00 from the Health Insurance Trust Fund into the Other Post-Employment Benefits (OPEB) Liability Trust Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Majority Vote EXPLANATION: The Other Post-Employment Benefits (OPEB) Liabilities Trust Fund was established by vote of the Annual Town Meeting of 2010 to reserve funds to offset the liability resulting from providing health insurance benefits to employees after they retire. 47 Article 21: Transfer of funds from Other Post-Employment Benefits (OPEB) Stabilization Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund. To see if the Town will vote to transfer a sum not to exceed $535,000 from the Other Post-Employment Benefits (OPEB) Stabilization Fund into the Other Post-Employment Benefits (OPEB) Liability Trust Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: The Other Post-Employment Benefits (OPEB) Liabilities Trust Fund was established by vote of Annual Town Meeting of 2010 to reserve funds to offset the liability resulting from providing health insurance benefits to employees after they retire. Initially the Finance Committee and the Town Manager were unable to reach consensus on the best way to fund this Trust Fund so the Other Post-Employment Benefits (OPEB) Stabilization Fund was created in 2013 to reserve funds to address the OPEB liability until a plan could be developed on how to fund the Trust Fund. The Financial Reserve Policies adopted by the Finance Committee, Town Manager, and Board of Selectmen in 2015, and revised and adopted in 2016, set out that plan. Therefore, the recommendation of the Town Manager is to transfer the balance of the funds from the OPEB Stabilization Fund to the OPEB Trust Fund. A two-thirds vote of Town Meeting is required to transfer money from a stabilization fund. An affirmative vote will close out this Fund. Article 22: Citizen Petition- Traffic Calming Measures. Traffic calming measures as defined by more than 30 years of Traffic Safety research and both Federal and MA highway engineering manuals decrease traffic crash number and severity for crashes that result in injury and death. Removing traffic calming measures poses the risk of increased traffic crash number and severity for crashes that result in injury and death. The MassDot Highway Reconstruction Minor Widening Project 606159 at Massachusetts and Chickering removes three existing traffic calming measures. Project 606159 impacts the school crossing for North Andover Early Childhood Center, Atkinson Elementary School, North Andover Middle School, First Calvary Baptist Church Little Learners Daycare, and the future Kindergarten and athletic fields on the North West side of the intersection. Project 606159 impacts the intersection that also serves the North Andover Youth Services, Drummond Playground on the South Eastern side of the intersection. This article requests comparable traffic calming measures be added to the Massachusetts Ave- Adams Street school crossing zone for everyone removed in the MassDot Highway Reconstruction th Minor Widening Project 606159, as promised at the December 19, 2017 Special Meeting. These should include: 48 Extend the current Massachusetts/Adams school zone to the Massachusetts Ave-Chickering intersection. Selectmen approve a raised and marked school and pedestrian crosswalk install by MassDot under Project 606159. Install a stop sign or stoplight on Massachusetts at Adams, near the school crosswalk. Petition of Dr. Karen Lauro, et al Board of Selectmen Recommendation: Vote required: Majority vote Article 23: Amend the Town of North Andover Zoning Bylaw Section 7.4 Building Heights. criteria for a waiver of the maximum height for residential multifamily dwellings and town houses in the Business 2 (B-2) zoning district. 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres. 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. 4. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five (65) feet from the ground. 5. Nor of a manufacturing building a height of eighty five (85) feet from the ground, or pharmaceutical manufacturing silo having a height of one hundred-fifteen (115) feet from the ground. 6. A parcel or parcels collectively comprising at least five (5) three (3) acres of land located within a Business 2 (B-2) Zoning District are eligible for a waiver of the maximum height, for residential multifamily dwellings and town houses described under Table 2; provided that such height waiver shall not permit a structure to exceed more than four stories and 55 feet in height, and further provided that such waiver is granted by the Planning Board, as Special Permit Granting Authority, after the Planning Board has made 49 a determination based upon consideration of the special permit criteria described under Section 10.31 of the Zoning Bylaw. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: This article proposes to reduce the land area required for a waiver of the maximum height of structures for residential multifamily dwellings and town houses in the Business 2 Zoning District. The minimum required land area to be established through this amendment is three (3) acres. Article 24: Amend the Town of North Andover Zoning Map Amend Business 2 Zoning District (B-2). -zone the following Parcels of land to be included within the Business 2 (B-2) Zoning District identified on particularly shown on the map dated March 27, 2018 and prepared by The Morin-Cameron Group, Inc., which map is on file with the Town Clerk, and are more particularly described as follows: Map 74 Parcels 23 and 54 - by Sutton Street - by land now or formerly of China Blossom Realty Trust - by land now or formerly of City of Lawrence Airport Commission Westerly - by land now or formerly of City of Lawrence Airport Commission Map 74 Parcel 24 or to take any other action relative thereto. Planning Board 50 Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: This article proposes to add the described parcels to the Business 2 Zoning District. These parcels are: 505 Sutton Street (Map 74 Parcel 23) and 0 Sutton Street (Map 74 Parcel 54) from General Business (GB) to Business 2 (B2) and 477 Sutton Street (Map 74 Parcel 24) from Residential 4 (R4) to Business 2 (B2). Article 25: Adoption of Zoning Bylaws - Recodification. To see if the Town will vote to accept and approve the renumbering and revision of the Zoning Bylaw of the Town from its original numbering, as amended through the May 16, 2017, Annual Town Meeting as set forth in the Final Draft of the Code of the Town of North Andover, dated March 2018, said codification of the Zoning Bylaw being a codification and revision of the present Zoning Bylaw, including amendments thereto. All Zoning Bylaws, as amended, heretofore in force, shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law. The Zoning Bylaw shall be codified as or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote required: Two-thirds (2/3) vote EXPLANATION Zoning Bylaw. The goals of this recodification effort were to: (1) create a document that is easy for users to navigate; (2) simplify and update the language of the Bylaw whenever possible without losing the meaning or intent of the Bylaw and; (3) provide a structure that is both predictable and flexible enough to accommodate amendments over time. That recodification process was completed in March of 2018. A copy of the recodified Bylaw has been available to the public since that time. In addition, recodification of the Bylaw ensures the Bylaw is consistent with internal and external laws and regulations, e.g. conformance with Massachusetts General Law Chapter 40A, The Zoning Act. An affirmative vote on this Article will adopt the recodified Bylaw. 51 Article 26: Acceptance of Public Way- Great Lake Lane. To see if the Town will vote to accept Great Lake Lane as a public way as laid out by the Board of Selectmen, and as shown as "Great Lake Lane" on a plan entitled "Street Layout Plan of Great Lake Lane, located in North Andover, Mass.", prepared by Christiansen and Sergi, Inc., and to accept deeds to all related parcels and easements, shown on Plans recorded as Plan No. 17212 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. or to take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote required: Majority vote Article 27: Amend Zoning Map Map 009.0-0046-0000.0 (127 Marblehead Street). To see if the Town will vote to amend the Zoning Map for the Town of North Andover to zone the parcel Residential 4 (R4) Zoning District, as more particularly shown as the highlighted area depicted on Town Clerk. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two Thirds (2/3) Vote 52 Article 28: Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by amending the following Sections as follows, Amend Zoning Bylaw, Section 8.9.5 (Application Procedures), Subsection (d)(i), by inserting after sub-paragraph (4), a new sub-paragraph (5) (by identifying text which is added as underlined). So that Section 8.9.5(d)(i) (General Filing Requirements) shall now read as follows: d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility 53 (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co- applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5) Parties in interest for the purposes of Section 8. 9 Wireless Service Facilities shall include in addition to those entities listed in General Law c. 40A, sec. 11 abutters to the abutters within five hundred (500) feet of the property line of the petitioner as they appear on the most recent applicable tax list. The granting authority the names and addresses of the abutters and such certification shall be conclusive for all purposes. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws and/or Zoning Bylaws of the Town of North Andover. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: To provide notice to parties in interest, for specific use, beyond the General Law c. 40A, sec 11 notification requirement. 54 Article 29: Amend Zoning Bylaw Section 2, DEFINITIONS, Section 7, DIMENSIONAL REQUIREMENTS, and adding Section 8.14 SOLAR ENERGY SYSTEMS: To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by amending Section 2, Definitions, Section 7, Dimensional Requirements, and adding Section 8.14 Solar Energy SYSTEMS to read as follows: Amend Zoning Bylaw, Section 2 DEFINITIONS by inserting the following DEFINITIONS: 2.78 Solar: 1) Photovoltaic System (also referred to as Photovoltaic Installation): An active solar energy system that converts solar energy directly into electricity. 2) Rated Nameplate Capacity: The maximum rated output of electric power production of the photovoltaic system in watts of Direct Current (DC). 3) Solar Access: The access of a Solar Energy System to direct sunlight. 4) Solar Collector: A device, structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. 5) Solar Energy: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. 6) Solar Energy System: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation, or water heating. The definitional scale of a Solar Energy System shall be determined by the cumulative surface area of all proposed systems. a. Solar Energy System, Active: A Solar Energy System whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means. b. Solar Energy System, Grid-Intertie: A photovoltaic system that is connected to an electric circuit served by an electric utility. c. Solar Energy System, Ground-Mounted: An Active Solar Energy System that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-, medium-, or large-scale). d. Solar Energy System, Large-Scale: An Active Solar Energy System that occupies more than 10,000 square feet of surface area. 55 e. Solar Energy System, Medium-Scale: An Active Solar Energy System that occupies more than 1,000 but less than 10,000 square feet of surface area. f. Solar Energy System, Off-Grid: A photovoltaic Solar Energy System in which the circuits energized by the Solar Energy System are not electrically connected in any way to electric circuits that are served by an electric utility. g. Solar Energy System, Passive: A Solar Energy System that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. h. Solar Energy System, Pole-Mounted: An Active Solar Energy System that is structurally mounted to the ground by a pole. i. Solar Energy System, Roof-Mounted: An Active Solar Energy System that is structurally mounted to the roof of a building or structure; may be of any size (small-, medium-, or large-scale). j. Solar Energy System, Small-Scale: An Active Solar Energy System that occupies 1,000 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10kW DC or less). k. Solar Energy System, Surface Area: The amount of area covered by the surface of the Solar Energy Collector(s). 7) Solar Thermal System: An Active Solar Energy System that uses collectors to convert the Amend Zoning Bylaw, Section 7, DIMENSIONAL REQUIREMENTS, Subsection 7.4, BUILDING HEIGHT, by amending sub-paragraph 2 and by adding sub-paragraph 7 and 8 (by identifying text which is added as underlined). So that Section 7.4(2), 7.4(7), and 7.4(8) shall now read as follows: 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses, processing towers, Roof-Mounted Solar Energy Systems, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. However, no Roof-Mounted Solar Energy System shall exceed XX in height. 7. Ground-Mounted, Solar Energy Systems: The maximum height of Small-, Medium-, and Large-Scale Solar Energy Systems shall not exceed XX. 8. Pole-Mounted Solar Energy Systems: The maximum height of a Pole-Mounted Solar Energy System shall not exceed XX feet and the maximum surface area for each individual Pole-Mounted Solar Energy System shall not exceed XX square feet. 56 Amend Zoning Bylaw by adding a new Section 8.14 to read as follows: Section 8.14 Solar Energy Systems 8.14.1 Purpose 1) Promote, regulate and restrict the creation, construction, and operation of Solar Energy Systems installations, by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources; provide adequate financial assurance for the eventual decommissioning of such; 2) Set forth provisions that shall take precedence over all other sections when considering applications related to the expansion, construction, operation, and/or repair of Solar Energy Systems. 8.14.2 Applicability 1) This section shall apply to all Solar Energy Systems proposed to be constructed after the effective date of this section. This section shall also apply to physical modifications to existing Solar Energy Systems that materially alter the type, configuration, or size of such systems or other equipment. 2) Use Regulations are identified in Section 8.14.5 3) The Planning Board shall act as the Site Plan Review Authority and the Special Permit Granting Authority (SPGA) for Solar Energy Systems that require a Special Permit. 8.14.3 Procedure 1) The site plan approved by the Planning Board becomes the official development plan for a site within the Town of North Andover. Town permits are issued or withheld based upon compliance with the approved site plan. The approved site plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Subsection 8.14.9 Revisions to Approved Site Plan. 2) Any proposed development that requires a Special Permit and/or Site Plan Review as identified in Section 8.14.5 Use Regulations, shall be subject to regulations of this section and submit an application to the Planning Board. 3) An applicant shall file three copies of the application form, fee, and an electronic copy, and any additional information as may be required (See Subsection 8.14.7), with the Planning Department. Once the application is deemed complete, the Planning Department will forward the application to the Town Clerk. An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. Ch. 40A will not start until the application has been deemed complete and submitted to the Town Clerk. 4) The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any site plan impact study requested by the Board. 57 8.14.4 Compliance with Laws, Bylaws & Regulations The construction and operation of all Solar Energy Systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a Solar Energy System shall be constructed in accordance with the State Building Code. 8.14.5 Use Regulations Residential-1 All Other Business / Industrial (R1) Residential Commercial Districts Districts Districts PRINCIPLE USE Small-Scale Ground-N N N N Mounted Solar Energy System Medium-Scale Ground-SPR SPR Y Y Mounted Solar Energy System Large-Scale Ground-SP N SPR SPR Mounted Solar Energy System Small-, Med-, Large-Scale N N N N Pole-Mounted Solar Energy System Y = Allowed N = Prohibited SP = Special Permit SPR = Site Plan Review Residential-1 All Other Business / Industrial (R1) Residential Commercial Districts Districts Districts ACCESSORY USE Roof-Mounted Solar Y Y Y Y Energy System Small-Scale Ground-Y Y Y Y Mounted Solar Energy System Small-Scale, Pole-SPR SPR SPR SPR Mounted Solar Energy System 58 Medium-Scale Ground-SP SP SPR SPR Mounted Solar Energy System Med-Scale Pole-Mounted N N SP SP and Large-Scale Ground- Mounted or Pole-Mounted Solar Energy System Y = Allowed N = Prohibited SP = Special Permit SPR = Site Plan Review 8.14.6 Dimensional Regulations 1) Building/Structure Height Regulations: a) Solar Energy Systems, Roof-Mounted: Maximum height of buildings and structures shall be as set forth in Table 2. However, no Roof-Mounted Solar Energy System shall exceed XX in height. b) Solar Energy Systems, Ground-Mounted: The maximum height of Small-, Medium-, and Large-Scale Ground-Mounted Solar Energy Systems shall not exceed XX feet (XX). c) Solar Energy Systems, Pole-Mounted: The maximum height of a Pole-Mounted Solar Energy System shall not shall not exceed XX feet and the maximum surface area for each individual Pole-Mounted Solar Energy System shall not exceed XX square feet. 2) Setbacks a) Solar Energy Systems, Small- and Medium-Scale Ground-Mounted: accessory to a principal use shall be at the least 1/2 of the setback that would otherwise apply or a minimum of 15 feet, whichever is greater from the side or rear lot line. All ground- mounted Solar Energy Systems shall be installed either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principle structure. b) Solar Energy Systems, Large-Scale Ground-Mounted: shall have a side and rear yard setback of at least 75 feet; except however, that where the lot abuts a Residential District, the side and rear yard setback shall be 100 feet. All Large- Scale Ground-Mounted Solar Energy Systems shall be installed either in the side yard or rear yard and be located no nearer the street than the building line of the principle structure. c) Solar Energy System, Pole-Mounted: shall have a side and rear yard setback of at least double the setback that would otherwise apply or a minimum of XX feet, whichever is greater. All Pole-Mounted Solar Energy Systems shall be installed 59 either in the side yard or rear yard, not in the front yard, and be located no nearer to the street than the building line of the principle structure. d) Solar Energy System, Appurtenant Structures: shall be subject to Zoning Bylaw requirements concerning the bulk and height of structures, lot area, parking and building coverage requirements for the underling zoning district. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Structures shall be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts. 3) Lot Coverage Solar Energy Systems shall not be included in calculations for lot coverage. 8.14.7 Site Plan Review/Special Permit Ground-Mounted and Pole-Mounted Solar Energy Systems 1) Applicability Any proposed development that requires a Special Permit or Site Plan Review as identified in Section 8.14.5 Use Regulations shall undergo Site Plan Review prior to construction, installation or modification as provided in this section. 2) Site Plan Review Document Requirements a) An application for a Special Permit or Site Plan Review for a Solar Energy Systems shall comply with the standards set forth in this section and shall be reviewed by the SPGA or Site Plan Review Authority. b) A site plan showing: i. Property lines and physical features, including roads, for the project site; ii. Location and approximate height of tree cover and any potential shading from nearby structures or vegetation; iii. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iv. Blueprints or drawings of the Solar Energy System showing the proposed layout of the System, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector; v. Documentation of the major System components to be used, including the panels, mounting System, and inverter; vi. Name, address, and contact information for proposed System installer; vii. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; 60 viii. The name, contact information and signature of any agents representing the project proponent; and ix. Zoning district designation for the parcel(s) of land comprising the project site. x. Locations of active farmland and prime farmland soils, wetlands, permanently protected open space, Priority Habitat Areas and BioMap2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage & mapped by the DEP; xi. Locations of floodplains or inundation areas for moderate or high hazard dams; xii. Locations of local or National Historic Districts; xiii. or at a scale as approved by the Town Planner. Revised plans shall contain a notation listing and describing all revisions, additions, and deletions made to the originally submitted plans and the date of each. xiv. All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a Professional Engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts. xv. Outline of all existing buildings, including purpose (e.g. residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet of the site parcel, including distances from the Solar Energy System to each building shown; xvi. Shall include the Information Required by Section 8.3 Site Plan Review, Subsection 5(e). xvii. Waiver: When in the opinion of the SPGA or Site Plan Review Authority the alteration, reconstruction of an existing structure or new use or change in use will not have a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting property and community needs, the Planning Board may determine that submission of one or more of the site plan document requirements may be waived. xviii. In addition, if Large-Scale Solar Energy System: (1) Blueprints or drawings of the Solar Energy System signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system, any potential shading from collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector; (2) One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all Massachusetts Electric Code (527 CMR 12.00) compliant disconnects and overcurrent devices; 61 (3) Documentation of actual or prospective access and control of the project site; (4) An operation and maintenance plan; (5) Landscape Plan and Buffering: (a) Landscaping shall be provided and maintained in accordance with the site plan approved by the SPGA and/or PGA. (b) If a property owner (or designated representative) of a lot from which the proposed installation can be seen without obstruction requests a visual rendering of the proposed installation from a vantage point of their choosing on said lot, the applicant shall submit one as part of the Site Plan Review The visual rendering must accurately reflect the horizontal and vertical scale of the installation, accessories, and landscape screening. (c) Landscaping shall be provided and maintained on the site to screen the Solar Energy System, the accessory systems, and appurtenant structures as set forth below. Landscape screening shall be provided adjacent to: (i) Abutting properties where a front, side, or rear lot line of the Solar Energy System site adjoins (or is separated by a public way from) a residential district or an existing residential use, as follows: 1. Landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and as determined by the SPGA/PGA during Site Plan Review to adequately screen from view the Solar Energy System, accessories, appurtenant structures, and light sources. 2. Such strip shall contain a continuous screen of planting of vertical habit in the center of the strip not less than three (3) feet in width and six (6) feet in height to maintain a dense screen throughout the year. 3. In lieu of continuous planting, a solid brick, stone, or wood fence of a design approved by the SPGA/PGA, or a planted earthen berm of a design approved by the SPGA/PGA may be established and maintained with the plantings in an amount of no less than 20% of the amount required above. 4. Removal of healthy trees over five (5) inches in diameter at breast height (dbh) shall be minimized in the buffer strip to maximum extent practicable. Any such trees as are removed shall be replaced. New or replacement trees must be at least two (2) inches dbh. 5. All landscaped areas including, but not limited to, walls and fences shall be properly maintained. Plantings that die shall be replaced within on growing season by the property owner. Plantings shall be maintained in 62 accordance with the site plan for the duration of the presence of a Solar Energy System on the site. (d) When abutting public ways, in addition to landscaping in front and side yards mentioned above, landscape screening shall consist of planting, the plantings to be of such height and depth as is needed and determined by the SPGA/PGA during Site Plan Review to screen adequately from view any unshielded light source, generated or reflected, either inside or outside. (6) Proof of liability insurance; and (7) A public outreach plan, including a project development timeline, which indicates how the project proponent will meet the required Site Plan Review notification procedures and otherwise inform abutters and the community. 3) Site Plan Review Design Standards a) Standards for Solar Energy Systems i.) Utility Notification No grid-intertie photovoltaic system shall be installed until evidence has been given to the Site Plan Review Authority that the intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement. ii.) Utility Connections Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. iii.) Safety The Solar Energy System owner or operator shall provide a copy of the Site Plan Review application to the local fire chief. All means of shutting down the solar installation shall be clearly marked. iv.) Visual Impact and Glare The Solar Energy System, including all accessories and appurtenant structures shall be designed to minimize visual impacts, including preserving natural vegetation to the maximum extent possible, blending in equipment with the surroundings and adding vegetative buffers to provide an effective visual barrier from adjacent roads and screen abutting residential properties, regardless of development status. Siting shall be such that the view of the Solar Energy System from locations off-site shall be minimal. Reasonable efforts shall be made to design Solar Energy Systems to prevent 63 reflected solar radiation or glare from becoming a public nuisance or hazard to adjacent buildings, roadways, or properties. Such efforts may include, but not be limited to, deliberate placement and arrangement, anti-reflective materials, solar glare modeling, and screening in addition to required landscaping. v.) Land Clearing, Soil Erosion and Habitat Impacts Clearing of natural vegetation shall be limited to what is necessary for construction, operation and maintenance of Ground-Mounted Solar Energy Systems or as otherwise prescribed by applicable laws, regulations, and bylaws. b) In addition, if a Large-Scale Solar Energy System: i) Site Control The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed Solar Energy System; ii) Operation & Maintenance Plan The project proponent shall submit a plan for the operation and maintenance of the Large-Scale Ground-Mounted Solar Energy System, which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation; iii) Lighting Lighting of Large-Scale Ground-Mounted Solar Energy Systems shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the Solar Energy System shall be directed downward and shall incorporate full cut- off fixtures to reduce light pollution; iv) Signage Signs on Large-Scale Ground-Mounted Solar Energy Systems shall comply with the Zoning Bylaw. A sign consistent with the Zoning Bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar Energy Systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the Solar Energy System; v) Roads Access roads shall be constructed to minimize grading, removal of stones walls or trees, and minimize impacts of environmental or historic resources. All access roads must be approved by the North Andover Fire Department. vi) Noise Noise generated by Large-Scale, Ground-Mounted Solar Energy Systems and associated equipment and machinery shall conform at a minimum to applicable state and local noise regulations, including the ality noise regulations, 310 CMR 7.10. vii) Emergency Services The Large-Scale Ground-Mounted Solar Energy System owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request the 64 owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Solar Energy System shall be clearly marked. The owner or operator shall identify a responsible person for public inquires throughout the life of the installation; viii) Hazardous Materials: Hazardous materials stored, used, or generated on site shall not exceed the amount for a Very Small Quantity Generator of Hazardous Waste as defined by the DEP pursuant to Mass DEP regulations 310 CMR 30.000 and shall meet all requirements of the DEP including storage of hazardous materials in a building with an impervious floor that is not adjacent to any floor drains to prevent discharge to the outdoor environment. If hazardous materials are utilized within the solar equipment then impervious containment areas capable of controlling any release to the environment and to prevent potential contamination of groundwater are required. ix) Unauthorized Access: The Solar Energy System shall be designed to allow access within the area of proposed limit of work to authorized personnel only. Electrical equipment shall be locked where applicable 4) Waivers The SPGA/Site Plan Review Authority may waive, by an affirmative vote of the majority of the SPGA/Site Plan Review Authority, any of the submittal and design requirements if it determines that strict compliance with those submittal and design requirements, because of the size or unusual nature of the proposed building(s) or structures(s) may not be in the public interest. 5) Site Plan Review Criteria: In the review and evaluation of the Site Plan and in making a final determination, the SPGA/Site Plan Review Authority shall consider the following criteria: a) Provide adequate access to each structure for fire and emergency service equipment; b) Minimize visual intrusion by controlling the visibility or parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned; c) Minimize the volume of cut and fill, the number or removed trees that are six (6) inches or more in caliper, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution; d) Provide adequate stormwater management and other utilities consistent with the functional requirements of the North Andover Stormwater Regulations, 65 Department of Environmental Protection, Massachusetts stormwater management Handbook (as revised); e) Minimize obstruction of scenic views from publicly accessible locations; f) Maximize pedestrian and vehicular safety both on the site including ingress and egress; g) Minimize glare from headlights and lighting intrusion; h) Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and i) Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, environmental standards and other pertinent sections. 6) Final Action a) No Solar Energy System shall be erected, constructed, installed or modified as provided in this section without first obtaining a Site Plan Review or Special Permit from the SPGA/Site Plan Review Authority and a building permit from the Building Inspector; b) The SPGA shall not approve any such application for a Special Permit unless it finds that in its judgement all the conditions stated in Section 10.31 of the zoning bylaw are met 8.14.8 Monitoring, Maintenance, & Reporting for Large-Scale Ground-Mounted Solar Energy Systems 1) Solar Energy System Installation Conditions The Large-Scale Ground-Mounted Solar Energy System Applicant(s) shall maintain the system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the Solar Energy System and any access road (s), unless accepted as a public way. 2) Annual Reporting: The Applicant(s) of the installation shall submit an Annual Report demonstrating and certifying compliance with the Operations and Maintenance Plan required herein and the requirements of this Section and their approved site plan including control of vegetation, noise standards, and adequacy of road access. The annual Report shall also provide information on the maintenance completed during the course of the year and the amount of electricity generated by the System. The report shall be submitted to the Planning Director, Fire Chief, Emergency Management Director, Building 66 Commissioner, Board of Health and Conservation Commission (if a Wetlands Permit was issued) no later than 45 days after the end of the calendar year. 8.14.9 Modifications to Approved Site Plans 1) All material modifications to a Solar Energy System made after issuance of the Site Plan Review of Special Permit shall require approval by the SPGA/Site Plan Review Authority as provided in this section; and 2) Modifications to an approved Site Plan shall be allowed upon submission of a written description to the SPGA/Site Plan Review Authority of the proposed modifications. The request for modification shall be subject to the submittal, review and hearing procedures as required for new filings unless the SPGA/Site Plan Review Authority finds that the proposed modifications satisfy the review criteria and the Site Plan as modified would be consistent with the originally approved plan and therefore a new public hearing may not be required. 8.14.10 Abandonment or Decommissioning 1) Removal Requirements a) Any Large-Scale Ground-Mounted Solar Energy System which has reached the end of its useful life or has been abandoned consistent with Section 8.14.10(2) of this Bylaw shall be removed. The Applicant(s) shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the SPGA/Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of: i.) Physical removal of all Solar Energy Systems, structures, equipment, security barriers and transmission lines from the site. ii.) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. iii.) Stabilization or re-vegetation of the site as necessary to minimize erosion. The SPGA/Site Plan Review Authority may allow the Applicant(s) to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. 2) Abandonment Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the Large-Scale Ground-Mounted Solar Energy System shall be considered abandoned when it fails to operate for more than one year without the written consent of the SPGA/Site Plan Review Authority If the Applicant(s) of the Solar Energy System fails to remove the System in accordance 67 with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may , after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned Large-Scale Ground-Mounted Solar Energy System. As a condition of Site Plan approval, the Applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned System. 3) Financial Security Applicant(s) of a Large-Scale, Ground-Mounted Solar Energy System shall provide a form of surety, either through bond, or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in the amount and form determined to be reasonable by the SPGA/Site Plan Review Authority, but in no event shall exceed 125% of the cost of removal and compliance with the additional requirements set forth herein, and by the project proponent and the Town Such surety will not be required for municipal and state-owned systems. The project proponent shall submit a full inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. The Applicant(s) shall replenish the surety as necessary to maintain an adequate amount, as determined by the SPGA/Site Plan Review Authority in accordance with the requirements of this bylaw. 4) Indemnification The Applicant(s) of the Large-Scale, Ground-Mounted Solar Energy System shall indemnify and hold harmless the Town of North Andover and/or its citizens from any and all liabilities losses and/or damages, including reasonable attorney fees, resulting from the failure of the Applicant(s) to comply with the terms of this bylaw and/or negligence in the operations and maintenance of any structures built in accordance with it. Any surety provided for in the bylaw shall be available for the aforementioned indemnification. 8.14.11 Expiration A permit issued pursuant to this section shall expire if (i) the Solar Energy System is not installed and operational within two years from the date the permit is issued; or, (ii) the Solar Energy System is abandoned or deemed abandoned pursuant to 8.14.10(2). 8.14.13 Severability The provisions of this bylaw are severable, and invalidity of any section, subdivision, subsection, paragraph, or other part of this bylaw shall not affect the validity or effectiveness of the remainder of this bylaw. For any provision of the 68 bylaw that conflicts with another state or local ordinance, the most restrictive provision shall apply. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws and/or Zoning Bylaws of the Town of North Andover. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: To be made at Town Meeting Vote Required: Two Thirds (2/3) Vote EXPLANATION: This bylaw is designed to respond to the growing use and technological addresses the use of Roof-Mounted Solar Energy Systems and Ground-Mounted Solar Energy Systems. The proposed zoning amendments include the addition of solar related Definitions, amendment to the Dimensional Requirements associated with Building Height and a new bylaw section titled Solar Energy Systems within a single new article. Please note, the proposed bylaw is not in its final form. The Planning Board will continue to update this bylaw through the Public Hearing process up to Town Meeting. 69 INSERT SIGNATURE PAGE 70 PLEASE BRING THIS BOOKLET WITH YOU TO TOWN MEETING!! TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING TUESDAY, MAY 15, 2018 7:00PM NORTH ANDOVER HIGH SCHOOL website at www.northandoverma.gov, on the North Andover Cable Channel, and in our local newspapers. If you need any special accommodations for the meeting please call the Town -688-9502. Please participate in this very important meeting! 71 April 05, 2018 Mr. Andrew Maylor Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Re:MassDOT Chickering Road / Massachusetts Avenue Intersection December 19, 2017 Public Information Meeting Board of Selectman Concerns CLD | Fuss & O’Neill Reference No. 11-0251 Dear Mr. Maylor: MassDOT and the Town of North Andover held a Public Information meeting on December 19, 2017 to present the proposed intersection improvements at the intersection of Massachusetts Avenue and Chickering Road. During the meeting we received a significant amount of feedback from the public regarding their concerns and suggestions for the proposed improvements. After the meeting the North Andover Board of Selectman provided MassDOT with a list of concerns they felt should be addressed as the project was progressed to the 100% Submission level. MassDOT has evaluated the Board members concerns and will plan on appearing before the Board of Selectman at their April 09, 2018 meeting to provide an update to the Board regarding the following issues: 1.Provide a raised crosswalk at the Atkinson School crossing. After the meeting the Town raised a concern with having enough vehicle clearance for their emergency vehicles and due to this it was determined that a raised crosswalk would not be feasible at this location. 2.Move the Atkinson School crosswalk to the Beacon Hill intersection with Massachusetts Avenue. It was determined this is not a feasible alternative, as it would require the reconstruction of approximately 700 feet of sidewalk on Massachusetts Avenue (the existing sidewalk appears to be between 3 and 4 feet wide, which does not meet ADA standards) and the construction of approximately 550 feet of sidewalk on Beacon Hill. 3.If the crosswalk remains at Phillips Brooks Road, construct/improve the sidewalks so they don’t end parallel with Massachusetts Avenue, but rather, turn in toward the property. The ADA ramp on the east side of the driveway has been updated to turn into the school property so a future sidewalk project on the school property may easily connect to it. The ADA ramp on the western side of the entrance has been maintained as originally designed, as a future sidewalk is not anticipated on this side of the school driveway. 4.Install a flashing light that can be activated to a red by pedestrians on Massachusetts Avenue at the Atkinson School crosswalk. The installation of a signal that can be activated to red by pedestrians is not feasible at this location due to the crosswalks close proximity to Adams Avenue and Phillips Brook Road. Per the Manual on Uniform Traffic Devices (MUTCD), pedestrian actuated hybrid signals can only be installed at mid-block crossings. The signal needs to be located at least 100 feet from any intersecting street. The plans propose to install a 20 MPH school zone signs with flashers and radar activated speed feedback signs along with the standard proposed school crosswalk signs at the crosswalk. The Town DPW has also provided us with their preference for the surface treatment of the crosswalk, which will be included in the plans. 5.Install a stop sign or a signalized right turn from Chickering Road (Route 125), northbound onto Massachusetts Avenue, eastbound in front of the Sewade house. A stop sign has been added to the right turn from Chickering Road (Route 125) onto Massachusetts Avenue. CONNECTICUT | MAINE | MASSACHUSETTS| NEW HAMPSHIRE| NEW YORK| RHODE ISLAND| VERMONT 540 Commercial Street•Manchester, NH 03101•ph: 603.668.8223•fx: 603.668.8802•www.cldengineers.com Chickering Road / Mass Ave Intersection Improvements CLD | Fuss & O’Neill Reference No. \[11-0251\] 04/05/2018 Page 2 of 2 In addition to the concerns that were noted by the Board of Selectman, MassDOT has also evaluated the following: 6.Can the radius on Chickering Road, northbound (NB), be reduced and designed for a smaller turning radius? Turning movements for an SU-40 truck were evaluated for the right turn from Chickering Road, NB to Massachusetts Avenue, eastbound (EB). After reviewingthe turning movements, it was determined the island should remain as is currently designed due to conflicts with existing utilities and pedestrian safety. 7.Can a wheel chair ramp be installed along the Autran Avenue frontage of 591 Massachusetts Avenue? Does the project prevent the property from being handicap accessible? CLD|Fuss & O’Neill provided the Town with a concept that was developed to determine if a wheel chair ramp on the front of the existing home is feasible. It was determined a ramp is constructible if the driveway is shifted approximately 5 feet. 8.There was a significant concern with the speed of traffic on Massachusetts Avenue. A radar feedback sign has been added to the proposed speed limit sign on Massachusetts Avenue after the intersection in the eastbound direction to help address this concern. We understand the Town is also exploring options on how to potentially reduce the speed limit for this portion of Massachusetts Avenue. 9.Pedestrian safety, especially for children that pass through the intersection to walk to school and other school related activities was a concern that was brought up a number of times at the public meeting. We are proposing to install a “No Right Turn” black out sign for Massachusetts Avenue eastbound that will be activated during the pedestrian phase of the signal. Although this by no means addresses all of the concerns that were brought up at the public meeting relating to pedestrian safety, it is an enhancement that will help improve the safety of the intersection. 10.The Town of North Andover has recently been plagued by multiple extreme storm events that have resulted in the loss of power to the area. During the power outages, which last for multiple days, the traffic signal does not operate. The project will be installing a battery backup system in the proposed controller cabinet so the traffic signal will continue to operate during future power outages after the project is constructed. We hope that we have addressed your concerns and we look forward to discussing them further with you at the April 09, 2018 meeting. If you have any questions, comments or need additional information, do not hesitate to contact us. Very truly yours, Kristen A. Hayden, PE Project Manager KAH:ncf cc:Lawrence Cash, MassDOT Project Manager Jim Stanford, North Andover DPW Director John Borgesi, North Andover Town Engineer ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Introduction -MassDOT Project Manager Design Team ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Project Location and Limits of Work ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Project Schedule 75% Design 25% Design 100% Design Construction Submittal Submittal SubmittalBegins June 2017 April 2016 April 20, 2018Spring 2019 Right-of-Way Design Public Public Completion Hearing Information Summer/Fall 2018 October 2016 Meeting December 2017 ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Project Concerns Atkinson School Crosswalk Right turn from ChickeringRoad, NB onto Massachusetts Avenue EB Pedestrian Safety, especially children/students Speed of traffic on Massachusetts Avenue ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Atkinson School Crosswalk Can a raised crosswalk be provided at this location? o Concerns with emergency vehicle clearance and winter maintenance. Can the crosswalk be moved to the Beacon Hill intersection? o Reconstruction of 700 feet of sidewalk on Massachusetts Avenue between Phillips Brook Road and Beacon Hill o Construction of 500 feet of sidewalk on Beacon Hill ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Atkinson School Crosswalk Can a flashing light that is activated to red by pedestrians be installed? Should be located at mid-block crossings, not at intersections. ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Atkinson School Crosswalk Rectangular Rapid Flashing Beacon (RRFB) ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Atkinson School Crosswalk Can the sidewalk be improved at the Phillips Brook Road entrance so it turns into the property rather than ending parallel with Massachusetts Avenue? ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Atkinson School Crosswalk Ramp re-designed to wrap around into School entrance ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 ChickeringRoad Right Turn Evaluation Remove Island Utility Impacts Concerns with length of crossing for pedestrians Reduce Size of Island Utility Impacts ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Pedestrian Safety ChickeringRoad Right Turn onto Massachusetts Avenue modified from YIELD sign to a STOP sign NO TURN ON RED black out sign during pedestrian phase ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Speeding on Massachusetts Avenue Installation of a radar feedback sign after the intersection heading eastbound on Massachusetts Avenue ChickeringRoad & Massachusetts Avenue Intersection Improvements North Andover, MA | 606159 Storm Resilience Battery backup will be installed to keep the traffic signal operational during power outages