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HomeMy WebLinkAbout2013-05-20 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM Present: J. Simons, M. Colantoni, R. Rowen, D. Kellogg, L. Rudnicki. L. McSherry 1 Absent: 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 8:03am. 5 6 POSTPONEMENT 7 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 8 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 9 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 10 and Non-Disturbance Zone of the Watershed Protection District. There is actually 11 12 CONTINUED PUBLIC HEARING, 0 Great Pond Road: Application for a Watershed Special 13 Permit. Applicant seeks to construct a single family dwelling with appurtenances on a presently 14 undeveloped, buildable lot. 15 16 CONTINUED PUBLIC HEARING, 100 Dale Street: Application for a Watershed Special 17 Permit. The project consists of two (2) building lots. Structures on Lot 2 are to be demolished. 18 A single family home with associated clearing, grading, utilities and stormwater maintenance 19 features is proposed for Lot 1 and Lot 2. 20 21 PUBLIC HEARINGS 22 CONTINUED PUBLIC HEARINGAnnual Town Meeting Zoning Articles 23 : Planning Board Report –May 13 2013 24 The Planning Board makes the recommendations regarding the following Town Meeting warrant 25 articles as required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code: 26 27 Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to 28 authorize the Board of Selectmen and the School Committee to accept grants of easements for 29 access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board 30 and Committee deem in the best interest of the Town; 31 32 Or to take any other action relative thereto. 33 Board of Selectmen 34 Planning Board Recommendation Recommendation to be made at Town Meeting 35 A motion was made by R. Rowen to recommend favorable action on Article 4. The motion was 36 seconded by D. Kellogg. The vote was unanimous. 37 38 Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize 39 the Board of Selectmen and the School Committee to grant easements for access, water, 40 drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee 41 deem in the best interest of the Town; 42 43 Or to take any other action relative thereto. 44 1 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM Board of Selectmen 45 Planning Board Recommendation Recommendation to be made at Town Meeting 46 A motion was made by R. Rowen to recommend Favorable Action on Article 5. The motion was 47 seconded by D. Kellogg. The vote was unanimous. 48 49 Article 7: Acceptance of a Public Way – Red Gate Lane 50 To see if the Town will vote to accept and name Red Gate Lane as a public way, as laid out by 51 the Board of Selectmen, and as shown as “Red Gate Lane” on a plan entitled, “Red Gate Lane 52 Street Layout Plan, prepared for Whispering Pines Realty Trust, 4 Sandalwood Lane, Methuen 53 MA 01844, Scale 1” = 40’, March 25, 2013, Waypoint Survey Service”, and to accept deeds to 54 the street and all related easements, shown on plan entitled “Red Gate Pasture Definitive 55 Subdivision Plan, prepared for Red Gate Realty Trust, 33 Walker Road, North Andover MA 56 01845, November 22, 1996, Scale 1” = 40’, New England Engineering Services, Inc., 33 Walker 57 Road, Suite 23, North Andover, MA 01845”, recorded with North Essex Registry of Deeds as 58 Plan No. 15349 and on the above referenced Street Layout Plan, 59 60 or take any action relative thereto. 61 62 Planning Board 63 64 Board of Selectmen Recommendation: To be made at Town Meeting 65 Planning Board Recommendation: Favorable Action pending the outstanding issues 66 are resolved 67 J. Tymon: All outstanding issues have been resolved. The ‘pending outstanding issues’ will be 68 deleted. 69 Vote Required: Majority Vote 70 71 Article 11: Citizen’s Petition – Conveyance of Property from Orchard Village, LLC to 72 Town of North Andover. To see if the Town will vote to authorize the Board of Selectmen to 73 accept, for no monetary consideration, the conveyance of the following property from Orchard 74 Village, LLC, upon terms and conditions deemed by the Board of Selectmen to be in the best 75 interest of the Town. 76 77 That certain parcel of land, together with all buildings and improvements thereon, including 78 without limitation the water pump station and all equipment and pump station apparatus, located 79 off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly 80 described as Lot 33 on a plan of land entitled: “Definitive Subdivision Plan For ‘Orchard 81 Village’ in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 82 Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond 83 Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 84 Summer St. Haverhill, MA 01830, Tel. 978-373-0310”, dated April 2, 2009, last revised on June 85 9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October 86 16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular 87 2 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM description of said Lot 33 (hereinafter referred to as the “Subdivision Plan”). The above Lot is 88 designated “Not a Building Lot” and contains 2,047 square feet (.0470 ac), more or less, 89 according to said Subdivision Plan. Said property shall be conveyed subject to the following 90 conditions: 91 92 1.The fee in the roadway shown as the “Proposed Road” and Lot 34 on the 93 Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be 94 conveyed herewith the right to use, in common with the Orchard Village, LLC and 95 those claiming by through or under the Orchard Village, LLC and others lawfully 96 entitled thereto, the way shown on the Plan as Proposed Road (now known as 97 Empire Drive) for the purpose of ingress and egress to the property granted herein. 98 99 2.Orchard Village, LLC shall reserve unto itself, its heirs and assigns, all easements 100 affecting the premises conveyed to the Town and shown on the Subdivision Plan. 101 This conveyance shall be subject to the easements, conditions, and restrictions 102 contained in the Subdivision Plan, and all other easements, reservations, covenants 103 and restrictions of record, insofar as the same are in force and applicable, and 104 acceptable to the Board of Selectmen, however not intending to revive any of the 105 same. 106 107 3.Orchard Village, LLC shall also grant to the Town a permanent and perpetual right 108 and easement to re-install, maintain and repair the water mains and associated pipes 109 and fixtures now located within said Lot 34, in common with Orchard Village, LLC 110 and those claiming by through or under the Orchard Village, LLC and others 111 lawfully entitled thereto to use Lot 34 for all purposes that street and ways are 112 currently used in the Town of North Andover. The Grantor shall also reserve the 113 right to install, maintain and repair utilities in Lot 34, excluding the water mains and 114 associated pipes and fixtures. 115 116 4.Upon any exercise of the easement rights that disturb the surface of the ground of 117 Lot 34, the Grantee shall reasonably restore the ground to its previous condition. By 118 acceptance of this conveyance, the Town shall accept responsibility for the 119 maintenance, operation and repair of the water booster pump station and all related 120 improvements and equipment located on said Lot 33 and the water mains and 121 associated pipes and fixtures located within said Lot 34. 122 123 5.There is reserved unto Orchard Village, LLC an easement and right to connect 124 Orchard Village LLC’s remaining land to the water mains and associated pipes and 125 fixtures located within said Lot 34, upon the payment of customary connection fees 126 to the town, 127 128 Or take any other action related thereto. 129 130 3 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM Petition of Douglas B. Small, et al 131 132 133 Board of Selectmen Recommendation: Favorable Action 134 Planning Board Recommendation Recommendation to be made at Town Meeting 135 Vote Required: Majority Vote 136 Bruce Thibodeau, Director DPW: The Article wording is the way the Town wants it. The pump 137 station is constructed the way the Town wants it. 138 A motion was made by M. Colantoni to recommend Favorable Action on Article 11. The motion 139 was seconded by L. Rudnicki. The vote was unanimous. 140 141 Article 20: Appropriation – Capital Improvement Plan for Fiscal Year 2014 . To see if the 142 Town will vote to fund the Capital Improvement Program as listed under the heading “Board of 143 Selectmen/Finance Committee/Town Manager Recommendations” and with the language 144 included, 145 4 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM 146 FY14 CIP Recommendations Other Funding Board of SelectmenSourcesAuthorized to Finance Committee(Grants, Chapter 90Borrow under Town Manager Excess bond Line #Project DescriptionRecommendations CPA & Spec Rev)ProceedsChapter 44 Ambulance $ 260,000$ (20,688)$ 239,312 1 Roadway Improvements $ 1,115,000$ (775,000)$ (29,476)$ 310,524 2 Sidewalks Reconstruction $ 75,000$ 75,000 3 Building Maintnenace $ 150,000$ 150,000 4 Front End Loader $ 230,000$ 230,000 5 District Wide Paving $ 100,000$ (7,309)$ 92,691 6 Town Farm: Construction of Playing Fields 7 (Phase I) $ 300,000$ (300,000)$ - Facilities Master Plan Implementation $ 3,895,500$ 3,895,500 8 IT Room Air Conditioning $ 76,839$ 76,839 9 Municipal IT $ 50,000$ 50,000 10 Tractor and Brush Cutter $ 125,000$ 125,000 11 School IT $ 127,131$ 127,131 12 Water & High Street Lights, Intersection, Road Improv $ 110,000$ 110,000 13 General Fund Total $ 6,614,470$ (1,075,000)$ (57,473)$ 5,481,997 Replacement of Carbon Filter Actuators $ 220,000$ (172,809)$ 47,191 14 Emergency Power Upgrade WTP $ 220,000$ 220,000 15 Water Enterprise Fund Total $ 440,000$ -$ (172,809)$ 267,191 School St & Bunkerhill St Sewer Replacment $ 300,000$ (300,000)$ - 16 Improvements to vaious Sewer Pump Stations $ 1,462,381$ (1,462,381)$ - 17 Sewer Enterprise Fund Total $ 1,762,381$ -$ (1,762,381)$ - Total All Funds $ 8,816,851$ (1,075,000)$ (1,992,663)$ 5,749,188 5 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $5,749,188 under chapter 44 of the Massachusettes General Law or any other enabling authority, (2) a portion of the appropriation for item 1 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number $ 4,108.02Fire Truck2010 / Art 1Date Bonded $ 1,490.11Drainage Inmprovements 20072006 /Art 24 Sec 32/17/2011 $ 8,090.00Senior Center Roof Replacement2010 / Art 28 Sec 3 6/15/09 Dump Truck w/plow, sander and basin cleaner $ 6,999.872011 Art 27 Sec 102/17/2011 $ 20,688.005/17/2012 (3) a portion of the appropriation for item 2 above shall be funded with the transfer from the following projects in the amounts set forth below, said sums represent excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $ 1,996.00Internet Telephone System2011 / Art 27 Sec 35/17/2012 $ 223.00School Data Storage and Intergration2011 / Art 27 Sec 85/17/2012 $ 2,156.00Network Connection Upgrade2008 / Art 14 Sec 76/15/2009 $ 25,101.00Emergency Generator 2011 / Art 27 Sec 75/17/2012 $ 29,476.00 (4) a portion of the appropriation for item 6 above shall be funded with the transfer from the following project in the amount set forth below, said sum represents excess bond proceeds not needed for the completion of the project: AmountProjectDate/Article Number Date Bonded $ 7,309.00Fire Sprinkler System - Kittridge School2010 / Art 28 Sec 122/17/2011 $ 7,309.00 147 6 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM (5) a portion of the appropriation for item 14 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $ 4,000.28Lake Co1991 / Art 12 Sec 206/15/2001 $ 113,925.00Bear Hill Reseviour2004 / Art 11 sec 226/15/2005 $ 40,507.28Water Main Rehab2007 / Art 21 Sec 196/17/2008 12/15/2009 $ 14,376.44Foxwood Booster Pump2008 / Art 14 Sec 16 $ 172,809.00 (6) the appropriation for item 16 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded refunding $27,424.62East Side Interceptor2001 / Art 8 Sec 14bonds 6/15/03 refunding bonds $5,927.41Sewer System Ext Phase IVA2001 / Art 8 Sec 156/15/03 $30,913.66Sewer System Ext in Watershed2002 / Art 11 Sec 246/15/2003 $1,945.00Angus pump1992 / Art 21 1/15/1996 refunding $128,993.07Sewer Sy Ext Phase 3C1998 / Art 10 Sec 27 bonds 6/12/08 $73,875.67West Side Sewer Trunk Relief1998 / Art 10 Sec 26 6/15/2001 $2,439.51Sewer System Phase III D2000 / Art 14 Sec 254/1/2002 $900.00Sewer System Ext Phase IV2000 /Art 14 Sec 164/1/2002 $897.94Eastside Sewer Replacement Design2000 / Art 14 Sec 28 4/1/2002 $3,000.00New Bonny Lane Pump Station2004 / Art 11 Sec 28 6/13/2005 $23,683.12Sewer Ext Phase 4D2005 / Art 10 Sec 59/20/2006 $300,000.00 (7) a portion of the appropriation for item 17 above shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: AmountProjectDate/Article Number Date Bonded $123,477.35Sewer Ext Phase 4D2005 / Art 10 Sec 5 9/20/2006 $938,406.39Waverly Road Relief Sewer Main2007 / Art 21 Sec 23 6/1/2008 148 7 $400,497.31Eastside Trunk Sewer2008 / Art 14 Sec 17 12/15/2009 $1,462,381.05 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM or to take any other action relative thereto. 149 150 Town Manager 151 152 Board of Selectmen Recommendation: Favorable Action 153 Finance Committee Recommendation: Favorable Action 154 Planning Board Recommendation Recommendation to be made at Town Meeting 155 B. Thibodeau, Director DPW: Provided an explanation for CIP recommendations 156 (numbers 2, 3, 13, 14, 15, 16 and 17). 157 A motion was made by D. Kellogg to recommend Favorable Action on the CIP funding line 158 items. The motion was seconded by M. Colantoni. The vote was unanimous. 159 Vote Required: Two-third (2/3) Vote 160 161 162 163 EXPLANATION: A capital improvement plan is a major, non-routine expenditure for 164 new construction, major equipment purchase, or improvement to existing buildings, 165 facilities, land or infrastructure with an estimated useful life of five years or more, and a 166 cost of $25,000 or more. Items in this plan are funded by debt; the Town will issue bonds 167 of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments 168 over that term. The bonds may be general obligation (funded by the general tax levy) or 169 special obligation (funded by water or sewer rates). 170 171 172 Article 26: Authorize the Acquisition of the Rea’s Pond Sewer Pump Station. To see if the 173 Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, or eminent 174 domain the sewerage pump station and contiguous sewer lines, manholes, conduits and other 175 appurtenances necessary for the flowage of sewerage and associated with the operation of the 176 sewer system known as the Great Pond Road Pumping Station by Rea’s Pond, including but not 177 limited to all right, title and interest in any easements associated with said sewer system, and all 178 right, title and interest to all and every property interest, real or personal, in any manner 179 associated with the sewer system, which are located in the areas shown as “Easement1” and 180 “Easement 2” on plan of land entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond 181 Road, North Andover, Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill 182 Associates, Inc., Hanover, MA, and to pay no damages for said eminent domain taking, 183 184 or to take any other action relative thereto. 185 186 Town Manager 187 188 Board of Selectmen Recommendation: Favorable Action 189 Conservation Commission Recommendation: Favorable Action 190 8 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM Planning Board Recommendation Recommendation to be made at Town Meeting 191 B. Thibodeau, Director DPW: Provided an overview and justification for Article 26 and Article 192 27. 193 A motion was made by R. Rowen to recommend Favorable Action on Article 26. The motion 194 was seconded by L. McSherry. The vote was unanimous. 195 Vote Required: Two-third (2/3) Vote 196 197 198 EXPLANATION: The Town is planning substantial upgrades to an existing sewer pump 199 station at Rae’s Pond (see Article 20 above). This town owned pump station is located on an 200 easement previously acquired from the Conservation Commission. This Article is a legal 201 requirement prior to commencing work on said pump station. 202 203 204 Article 27: Approve Special Legislation for Easement at Rea’s Pond Sewer Pump Station. 205 To see if the Town will vote to authorize the Board of Selectmen to file a petition to the 206 Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the 207 Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation 208 Commission of the Town of North Andover to grant to the Town of North Andover Board of 209 Selectmen a permanent easement upon the land shown as “Easement 1” and “Easement 2” on 210 Plan entitled “Easement Plan, Rea’s Pond Pumping Station, Great Pond Road, North Andover, 211 Massachusetts,” dated March 8, 2013, Scale 1” = 50’, drawn by Merrill Associates, Inc., 212 Hanover, MA, which land is currently under the care, custody and control of the Conservation 213 Commission, to be used for the use and replacement of the existing sewerage pump station and 214 contiguous sewer lines, manholes, conduits and other appurtenances associated with the 215 operation of the sewer system known as the Great Pond Road pumping station, 216 217 or to take any other action relative thereto. 218 Town Manager 219 220 Board of Selectmen Recommendation: Favorable Action 221 Conservation Commission Recommendation: Favorable Action 222 Planning Board Recommendation Recommendation to be made at Town Meeting 223 A motion was made by L. McSherry to recommend Favorable Action on Article 27. The motion 224 was seconded by R. Rowen. The vote was unanimous. 225 Vote Required: Majority 226 227 228 EXPLANATION: See EXPLANATION for Article 26 above. 229 230 9 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM 231 232 Article 29: Amend Zoning Bylaw – Section 6: Signs and Outdoor Lighting Regulations. 233 To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6 234 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an “Off-Premise 235 Sign” and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise 236 Signs, 237 238 or to take any other action relative thereto. 239 240 Amend Section 6 by adding the underlined language and deleting the marked section to read as 241 follows: 242 243 SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 244 245 6.3 Definitions 246  A-Frame Sign/Sandwich Board: A portable, temporary sign or device capable of standing 247 without support or attachments. 248  Accessory Sign - A sign that advertises activities, goods, products, or a specific use, owner, 249 or tenant, available within the building or on the property on which the sign is located, or 250 advertises the property as a whole or any part thereof for sale or rent. 251 10 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM  Animated Sign: Any sign that uses movement or a change of lighting to depict action or 252 create a special effect or scene. 253  Building Frontage - The length in feet of a ground floor level of a building front or side 254 facing a street (or facing a right-of-way accessible from a street) that is occupied by an individual 255 business. 256  Directional Sign - A non-accessory sign containing no advertising and giving direction to 257 community (non-commercial) activities, buildings, areas, such as churches, schools, 258 playgrounds, museums, historical sites, public buildings, etc. Sign not to exceed 12"x30". 259  Display Window Signs - Temporary signs on the surface of or inside display windows, 260 lighted only by the general building illumination. 261  Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, 262 and post. 263  Flagpole - A pole erected on a roof, or projecting from a building or structure or on the 264 ground. 265  Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. 266  Ground Sign - Any sign erected on the ground which is self-supported and anchored to the 267 ground. 268  Illuminated Sign - Illuminated sign shall mean any sign illuminated by electricity or other 269 artificial light including reflective or phosphorescent light and shall include location of source of 270 illumination. 271  Marquee - Any sheltering structure of permanent construction projecting from and totally 272 supported by the wall and/or roof of a building. 273  Non-Accessory Sign - Any sign that is not an accessory sign. 274  Obscene - shall have the meaning as that term is defined in Massachusetts General Laws 275 Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as 276 follows: 277  appeals to the prurient interest of the average person applying the contemporary standards of 278 the county where the offense was committed; 279  depicts or describes sexual conduct in a potentially offensive way; and 280  lacks serious literary, artistic, or political or scientific value. 281  Off-Premise Sign - A sign that advertises products or services that are not sold, produced, 282 manufactured or furnished on the property where the sign is located. An outdoor display is an 283 off-premise sign. 284  Permanent Sign - Any sign permitted to be erected and maintained for more than sixty (60) 285 days. 286  Primary Sign - The principal accessory sign which may be a wall, roof, or ground sign, as 287 allowed in Section 6.6. 288  Projecting Sign - Any sign which is attached or suspended from a building or other structure 289 and any part of which projects more than twelve (12) inches from the wall surface of that portion 290 of the building or structure. 291  Roof Sign - Any sign erected, constructed, and maintained wholly upon, connected to, or 292 over the roof or parapet of any building with the entire support on the roof or roof structure. 293 11 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM  Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign 294 but smaller dimensions and lettering, as allowed in Section 6.6. 295  Sign - A sign is any structure, mechanically or electrically driven, still or moving device, 296 light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to 297 be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, 298 objects, institutions, organizations, associations, businesses or events, products, services, or 299 facilities available either on the property where the sign appears or in some other location. The 300 definition includes electric signs in windows or doors, but does not include window displays or 301 merchandise. A sign may be permanent or temporary. 302  Sign Size (Area) 303 (a). For a sign, either free-standing or attached, the area shall be considered to include all 304 lettering, wording and accompanying designs and symbols, together with the background, 305 whether open or enclosed, on which they are displayed but not including any supporting 306 framework and bracing which are incidental to the display itself. 307 (b). For a sign painted upon or applied to a building, the area shall be considered to 308 include all lettering, wording, and accompanying designs or symbols together with any 309 backing of a different color than the finish material of the building face. 310 (c). Where the sign consists of individual letters or symbols attached to or painted on a 311 surface, building, wall or window, the area shall be considered to be that of the smallest 312 rectangle or other convex shape which encompasses all of the letters and symbols. 313  Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no 314 longer than sixty (60) days unless otherwise specifically provided herein. 315  Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or 316 parapet. 317 318 6.5 Prohibitions: 319  No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the 320 sign. Internally lit signs are not allowed. 321  No illumination shall be permitted which casts glare onto any residential premises or onto 322 any portion of a way so as to create a traffic hazard. 323  No sign shall be illuminated in any residential district between the hours of 12:00 midnight 324 and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during 325 those hours. 326  No sign having red or green lights shall be erected within sight of a traffic signal unless 327 approved as non-hazardous by the Chief of Police. 328  No animated, revolving, flashing, or exterior neon sign shall be permitted. 329  No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, 330 except as allowed by the board of Selectmen. 331  Corner visibility shall not be obstructed. 332  No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. 333  No sign shall be erected, displayed, or maintained if it contains any obscene matter. 334 12 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM  Flags and insignia of any Government when displayed in connection with commercial 335 promotion. 336  No sign shall obstruct any means of egress from a building. 337  Projecting signs are prohibited. 338  Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B. 339  No signs shall be attached to motor vehicles, trailers or other movable objects regularly or 340 recurrently located for fixed display. 341  No off-premise signs. 342 343 Board of Selectmen 344 345 Board of Selectmen Recommendation: Favorable Action 346 Planning Board Recommendation: Recommendation to be made at Town Meeting 347 Curt Bellavance, Director Community Development: Provided an explanation for the three 348 recommended changes to Section 6 Signs and Sigh Lighting Regulations. The definition of Off 349 Premise Sign will be slightly modified when presented at Town Meeting. 350 A motion was made by D. Kellogg to recommend Favorable Action on Article 29 with the 351 revision recommended by C. Bellavance. The motion was seconded by M. Colantoni. The vote 352 was unanimous. 353 Vote Required: Two-third (2/3) Vote 354 355 356 EXPLANATION: This Article will prohibit off-premise signs and would allow the use of 357 projecting signs. The Article also changes the definition of an ‘off-premise’ sign. 358 359 360 Article 31: Amend Zoning Bylaw – Section 8: Supplementary Regulations by adding 361 Subsection 8.11: Wind Facilities. To see if the Town will vote to amend the Town of North 362 Andover Zoning Bylaw, by adding Section 8.11 Wind Facilities in order to allow time to make 363 the appropriate amendments to the Zoning Bylaw to allow the use of Wind Facilities, 364 365 or to take any other action relative thereto. 366 367 Amend Zoning Bylaw by adding a new Section 8.11 to read as follows: 368 369 8.11.1 Purpose: Provide restrictions that will allow the Town adequate time to consider whether 370 to allow the construction and operation of on-site and utility-scale wind facilities and to provide 371 standards for the placement, design, construction, monitoring, modification and removal of wind 372 facilities that address public safety, give consideration to impacts on scenic, natural and historic 373 resources of the town and provide adequate financial assurance for decommissioning, to the 374 extent that such facilities are permitted under state laws and regulations, and if so, where and 375 under what conditions. This interim bylaw shall provide to the town the opportunity to study the 376 potential impacts of wind facilities on adjacent uses and on general public health, safety and 377 13 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM welfare, and to develop zoning and other applicable regulations that appropriately address these 378 considerations consistent with statewide regulations and permitting procedures. 379 380 8.11.2 Definition: This interim bylaw shall apply to all commercial wind facilities where the 381 primary use of the facility is electrical generation to be sold to the wholesale electricity markets. 382 This bylaw also applies to all on-site wind facilities located at a residential, commercial, 383 industrial, agricultural, institutional, or public facility that will consume more than 50% of the 384 electricity by the project on-site. 385 386 8.11.3 Interim Restriction: Wind Energy Facilities shall not be permitted is any zoning district in 387 the Town of North Andover so long as this Section 8.11 is effective, as set forth in Section 8.11.4 388 below. Use variances shall be strictly prohibited. 389 390 8.11.4 Expiration: The Moratorium shall be in effect through July 1, 2014, so that the Town of 391 North Andover can enact superseding zoning regulations that set forth the allowed locations, 392 dimensional, parking and other requirements applicable to wind energy facilities. 393 394 Board of Selectmen 395 396 Board of Selectmen Recommendation: Favorable Action 397 Planning Board Recommendation: Recommendation to be made at Town Meeting 398 A motion was made by L. McSherry to recommend Favorable Action on Article 31. The motion 399 was seconded by D. Kellogg. The vote was unanimous. 400 Vote Required: Two-third (2/3) Vote 401 402 403 EXPLANATION: This Article places a moratorium on the installation of wind energy 404 systems until July 1, 2014. The moratorium will allow the Town sufficient time to create a 405 Wind Energy System Zoning Bylaw. 406 407 408 Article 33: Amend Zoning Bylaw – Section 18: Downtown Overlay District, Subsection 409 18.2: Permitted Uses. To see if the Town will vote to amend the Town of North Andover 410 Zoning Bylaw, Section 18 – Downtown Overlay District, Subsection 18.2 Permitted Uses, 411 412 or to take any other action relative thereto. 413 414 Amend Section 18.2 by adding the following underlined language to read as follows: 415 416 SECTION 18 DOWNTOWN OVERLAY DISTRICT 417 418 18.2 Permitted Uses 419 The following uses shall be permitted by right in the Downtown Overlay District: 420 14 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM 1.General merchandise retail stores and salesrooms 421 2.Specialty food stores, retail bakeries and coffees shops 422 3.Sporting goods stores 423 4.Craft, hobby, book and music stores 424 5.Art gallery 425 6.Hardware stores 426 7.Convenience stores 427 8.Drug stores, pharmacies 428 9.Banks 429 10.Professional offices 430 11.Medical or dental offices 431 12.Business services such as copying and mailing services 432 13.Travel agency 433 14.Municipal, civic or public service buildings, such as post office, telephone exchanges, 434 town offices, school, library, museum, or place of worship 435 15.Hall, club, theater, or other place of amusement or assembly 436 16.Food services establishments such as full or limited service restaurants and drinking 437 establishments 438 17.Indoor amusements 439 18.Bed and breakfast facility or inn with six (6) rooms or less 440 19.Multi-family dwelling (18 or less units) 441 20.Mixed-use structures 442 21.Any accessory use customarily incident to any of the above permitted uses, provided that 443 such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 444 445 The following uses shall be permitted by special permit in the Downtown Overlay District: 446 447 1.Drive-thrus for any of the above allowed uses 448 2.Free-standing automated teller machine (ATM) 449 3.Day care center 450 4.Bed and breakfast facility or inn with more than six (6) rooms 451 5.Hotel or motel 452 6.Funeral homes 453 7.Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. 454 ft. 455 8.Public garage 456 9.Multi-family dwelling (greater than 18 units) 457 458 Board of Selectmen 459 460 15 PLANNING BOARD Meeting Minutes Tuesday, May 20, 2013 Town Hall, 120 Main Street 8:00 AM Board of Selectmen Recommendation: Favorable Action 461 Planning Board Recommendation: Recommendation to be made at Town Meeting 462 Curt Bellavance, Director Community Development: Provided an explanation and intent of 463 Article 33. 464 A motion was made by L. McSherry to recommend Favorable Action on Article 33. The motion 465 was seconded by M. Colantoni. The vote was unanimous. 466 Vote Required: Two-third (2/3) Vote 467 468 469 EXPLANATION: The change would continue to allow multi-family residences, by right, if 470 they are 18 units or less. If a proposal is greater than 18 units, the project would be subject 471 to receiving a special permit by the Planning Board. Special Permits require a public 472 hearing and are subject to greater scrutiny. 473 474 475 476 ADJOURNMENT 477 MOTION : 478 A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by D. 479 Kellogg. The vote was unanimous. 480 481 The meeting adjourned at 8:40am. 482 483 MEETING MATERIALS: Agenda, Article 28-Chickens, Planning Board Report—Revised 484 5/20/2013. 485 16