No person shall behave in any indecent or disorderly manner
or use profane, indecent or insulting language in any public place
or on any sidewalk or street in the Town.
No person except an officer of the law in the performance of
his duties shall enter upon the premises of another with the intention
of peeping into the windows of a house or spying upon in any manner
any person or persons therein.
No person shall continue to stand or remain alone or with others
near, on any sidewalk or in any public place, in such manner as to
obstruct a free passage for travelers thereon, or loiter on any sidewalk
or street after having been requested by a police officer to move
on.
[1]
Editor's Note: See Art. XI, § 3, for license to
obstruct sidewalks and ways.
No person shall coast or slide on any sled or other like vehicle
in or upon any public sidewalk or street or way in the Town except
at such times and in such places as may from time to time be designated
by the Chief of Police.
No person shall bathe or swim in waters within the Town so as
to be exposed in a nude state to the view of any persons passing or
being on any street or railroad or in any dwelling house.
No person shall make any bonfire or other fire or play at any
game or throw stones or snowballs or other missiles in any public
street or way in the Town.
[1]
Editor's Note: See also Art. X, Fire Prevention Code.
No person shall discharge a firearm in the Town except a law
enforcement official in the performance of his duties. This by-law
shall not restrict the discharge of firearms on an established firing
range, nor the discharge of a firearm in the legal defense of persons
or property, nor any discharge of a firearm which has been specifically
authorized by the commonwealth on state-owned property.
[1]
Editor's Note: See also Art. XI, § 7, regarding
shooting galleries and shooting ranges.
Owners of land whereon is located an abandoned well or a well
in use shall either provide a covering for such well capable of sustaining
a weight of 300 pounds or shall fill the same to the level of the
ground. Anyone violating this by-law shall be subject to a fine of
not less than $100 nor more than $500.
[1]
Editor's Note: See also Art. IX, Plumbing. For reference to
sewer requirements, see Appendixes B and C.
Pursuant to MGL c. 40, § 21(16), the Superintendent
of Streets or other officer having charge of ways may cause to be
removed any vehicle from any way, to some convenient place or public
garage, if such vehicle interferes with the removal or plowing of
snow on any such way. The entire cost of the removal of said motor
vehicle or its garaging shall be borne and paid by the owner of said
vehicle.
Pursuant to MGL c. 40, § 22(d), the Select Board may
adopt rules and regulations regarding the towing and removal of illegally
parked automobiles and automobiles impeding the removal of snow and
ice.
No person shall throw, plow, blow, shovel or deposit in any
manner snow on a public roadway any time after that roadway has been
cleared of snow and ice by town-owned or town-hired snow-removing
equipment. Any snow thrown, plowed, blown, shoveled or deposited in
the direction of a public roadway will be no closer to the center
line of that roadway than the snow deposited by town-owned or town-hired
snow removal equipment.
[1]
Editor's Note: See § 20 of this Art. XII for provisions
regarding sidewalk snow removal.
(a)
Except on land or in receptacles designated by the Town for the dumping
or placing of trash, no person shall, in any manner, whether from
on foot or from any vehicle, throw, drop or discard upon any property,
public or private (except that owned or leased by him), any trash
or litter of any kind whatsoever.
(b)
No person shall in any manner affix posters or signs or advertisements,
whether for political purposes or for other purposes, upon Town property,
real or personal, or upon the poles and other equipment of utilities
located within the limits of Town ways.
(c)
In addition to imposing such fines as may be permitted by law, the
Town may through the Select Board require persons in violation of
this § 10 to remove such trash or litter or such posters
or signs or advertisements. Each day that the violation remains shall
constitute a separate offense.
[1]
Editor's Note: See Art. XI, § 3(b), for permission
to place materials within streets, and § 26 of this Art.
XII regarding depositing leaves or other refuse on streets.
[Amended 6-12-1990, Art. 78]
(a)
ANIMAL CONTROL OFFICER
ANIMAL SHELTER
KENNEL
LICENSE PERIOD
OWNER
PERSON
RESTRAINT
VETERINARY HOSPITAL
Definitions: As used in this bylaw, the following terms mean:
Any person or persons appointed by the Town Manager with
the approval of the Select Board, as the animal control officer or
officers under the provisions of MGL c. 140, §§ 151
and 151A, to carry out the provisions of this bylaw. In the absence
or vacancy in the office or unavailability of the "animal control
officer," the Town's inspector of animals or his deputy shall perform
the duties of the "animal control officer(s)."
[Added 5-13-2014 ATM, Art. 65]
Any premises designated by Town administrative authority
for the purpose of impounding and caring for animals held under authority
of this bylaw.
[1]A pack or collection of dogs on a single premise, including
a commercial boarding or training kennel, commercial breeder kennel,
domestic charitable corporation kennel, personal kennel or veterinary
kennel.
[Added 4-11-1996 ATM, Art. 89; amended 5-13-2014 ATM, Art. 65]
The time between January 1 and the following December 31,
both dates inclusive.
[Added 4-13-1994 ATM, Art. 57]
Any person owning, keeping or harboring dogs.
An individual, partnership, company or corporation.
A dog shall be deemed to be under "restraint" if it is on
the premises of the owner accompanied by a person who shall have the
dog under control or, if outside the premises of the owner, is accompanied
by a person who shall have the dog under control by holding it firmly
on a leash no greater than six feet in length.
An establishment maintained and operated by a licensed veterinarian
for the boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
[1]
Editor’s Note: The former definition of “canine
control officer,” which immediately followed, was repealed 5-13-2014
ATM, Art. 65. See now the definition of “animal control officer.”
(b)
Requirement for an identification tag: Every person issued a license
in accordance with the provisions of Chapter 140, Section 137, of
the General Laws of the Commonwealth for a dog owned or kept within
the Town will also receive an identification tag from the Town Clerk's
office. The identification tag shall be a durable tag stamped with
an identifying number and of a particular shape, to signify the specific
year of issuance. Tags will be so designed that they may conveniently
be fastened to the dog's collar or harness. Dogs must wear identification
tags at all times when the animal is off the premises of the owner.
The canine control officer shall maintain a record of the identifying
numbers and shall make this record available to the public.
(c)
Restraint of dogs: No person shall own, keep or harbor in the Town
of Andover, within the confines of the owner's property (meaning owned,
rented or leased), any dog which is left unattended and is not kenneled,
leashed or otherwise restrained or, if outside the premises of the
owner (meaning owned, rented or leased), any dog which is not held
firmly on a leash no greater than six feet in length by a person who
shall have control of such a dog.
(1)
Any dog under the direct and immediate supervision of a responsible
adult within the confines of the Town-designated Dog Park shall be
determined properly restrained under this section.
[Added 4-30-2008 ATM, Art. 52]
(d)
Unrestrained dogs. Unrestrained dogs may be taken by police or the
canine control officer and impounded in an animal shelter, and there
confined in a humane manner. If by an identification tag or by other
means the owner can be identified, the canine control officer shall
immediately upon impoundment notify the owner of the impoundment of
the animal. Impounded dogs shall be kept for seven days unless reclaimed
by their owners. Dogs not claimed by their owners within seven days
or placed in suitable new homes may be humanely euthanized by the
canine control officer or by an agency delegated by him to exercise
that authority. In addition to or in lieu of impounding a dog found
at large, the canine control officer or police officer may issue to
the known owner of such dog a notice of by-law violation.
[Amended 5-13-2014 ATM, Art. 65]
(e)
Reclaiming impounded cats[2] and dogs: An owner reclaiming an impounded cat or dog
shall pay an administrative fee of $25, plus reasonable fees for boarding,
vaccinations and exams as determined by the Select Board.
[Amended 4-13-1993 ATM, Art. 56; 4-29-2002 ATM, Art. 33; 5-13-2014 ATM, Art. 65]
[2]
Editor's Note: See also § 38, Cats, of this Article
XII.
(f)
Female dogs in heat. Every female dog in heat shall be confined in
a building or secured enclosure in such a manner that such female
dog cannot come into contact with another animal except for planned
breeding. The canine control officer shall have the power to enforce
a regulation to eliminate what he may deem to be a nuisance.
(g)
Nuisances. No owner shall fail to exercise proper care and control
of his or her dog to prevent said dog from becoming a public nuisance.
Barking frequently or for continued duration or making sounds which
create a noise disturbance across a residential real property boundary,
molesting passersby, chasing vehicles, habitually attacking people
or other domestic animals, trespassing upon school grounds or trespassing
upon private property in such manner as to damage property shall be
deemed a nuisance.
(h)
Quarantining of dog that bites. Any dog that bites a person shall
be quarantined for 10 days if ordered by the Inspector of Animals.
During quarantine, the dog shall be securely confined and kept from
contact with any other animal. At the discretion of the Inspector
of Animals, the quarantine may be on the premises of the owner. If
the Inspector of Animals requires other confinement, the owner shall
surrender the animal for the quarantine period to an animal shelter
or shall at his own expense place it in a veterinary hospital. If
said dog is in violation of one or more of the following: unlicensed,
unrestrained or is not currently vaccinated with antirabies vaccine,
the owner shall surrender the animal for the quarantine period to
a veterinary hospital at the owner's expense.
(i)
Animals suspected of being rabid. No police officer or other person
shall kill or cause to be killed any animal suspected of being rabid,
except after the animal has been placed in quarantine and the diagnosis
of rabies made by a licensed veterinarian. If a veterinarian diagnoses
rabies in an animal in quarantine, then the animal shall be humanely
killed and the head of such animal sent to a laboratory for pathological
examination and confirmation of diagnosis.
(j)
Hindering the by-law enforcement. Any canine control officer shall
have police powers in the enforcement of this bylaw, and no person
shall interfere with, hinder, molest or abuse any canine control officer
in the exercise of such powers.
(l)
If parts of by-law are invalid. If parts of this by-law shall be
held invalid, such part shall be deemed severable and the invalidity
thereof shall not affect the remaining parts of this bylaw. No provision
or interpretation of a provision of this by-law is intended to be
either in conflict with or an attempt to change any statutory provision
in Chapter 140 pertaining to dogs.
(m)
Vaccination. Every owner and keeper of a dog more than six months
old shall cause said dog to be vaccinated or revaccinated by a licensed
veterinarian with antirabies vaccine within two years prior to the
date of application for a dog license for said dog. Application for
each annual dog license shall be accompanied by proof of vaccination
of the dog against rabies within two years preceding the date of the
application.
(n)
Fees:
(1)
The fee for such licenses shall be set by the Select Board in
accordance with MGL c. 40, § 22F, and MGL c. 140, § 139.
[Amended 4-13-1994 ATM, Art. 66; 4-11-1996 ATM, Art. 89; 4-28-2003 ATM, Art. 37]
(2)
Any nonlicensed dog impounded by the canine control officer
or others duly authorized under the provisions of Article XII, § 11(d),
found to be without mandated vaccinations shall be vaccinated by a
licensed veterinarian and the owner shall be charged the sum of $9.
(3)
Any owner whose dog is held under the provisions of Article
XII, § 11(d), shall be charged the sum of $10 when found
necessary to euthanize said dog.
(o)
Removal and disposal of canine waste.
[Added 4-12-1994 ATM, Art. 45]
(1)
It shall be the duty of each person who owns, possesses or controls
a dog to remove and dispose of any feces left by his/her dog on any
sidewalk, street or other public area in the Town. It shall further
be the duty of each person who owns, possesses or controls a dog to
remove and dispose of any feces left by his/her dog on any private
property neither owned nor occupied by said person.
(2)
No person who owns, possesses or controls such dog shall appear
with such dog on any sidewalk, street, park or other public area without
the means of removal of any feces left by such dog. Furthermore, no
person who owns, possesses or controls such dog shall appear with
such dog on any private property neither owned nor occupied by said
person without the means of removal of any feces left by said dog.
(3)
For the purposes of this regulation, the means of removal shall
be any tool, implement or other device carried for the purpose of
picking up and containing such feces, unexposed to said person or
the public. Disposal shall be accomplished by transporting such feces
to a place suitable and regularly reserved for the disposal of canine
feces or as otherwise designated as appropriate by the Board of Health.
(5)
This regulation shall not apply to a dog accompanying any handicapped
person who, by reason of his/her handicap, is physically unable to
comply with the requirements of this by-law or to any individual who
utilizes a guide dog.
(6)
The provisions of this section are severable, and if any of
the provisions of this section shall be held unconstitutional or otherwise
invalid by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the remaining provisions.
(p)
The Select Board will make rules and regulations governing the use
of the Town-designated Dog Park.
[Added 4-30-2008 ATM, Art. 52]
(q)
Fines.
Violations of any provision of this bylaw shall be punished by a fine
of $75 for the first and $100 for a second offense and $150 for a
third and subsequent offense within one calendar year. If any violation
is continuing, each day’s violation shall be deemed to be a
separate violation.
[Added 5-2-2017 ATM,
Art. 50]
(r)
Bylaw
violation and enforcement. Enforcement of this section may be pursued
through the provisions of Section 21D of Chapter 40 of Massachusetts
General Laws which provides for noncriminal disposition. The enforcing
persons shall be any police officer of the Town or any animal control
officer of the Town.
[Added 5-2-2017 ATM,
Art. 50]
(s)
Spring
Grove Cemetery. Dogs under restraint shall be permitted in Spring
Grove Cemetery subject to the provisions of this bylaw regarding the
removal and disposal of canine waste.
[Added 5-8-2017 ATM,
Art. 83]
[1]
Editor's Note: Former §§ 12 through 17 were
deleted 5-10-1977, Art. 36.
(a)
RECREATIONAL MOTOR VEHICLE
Definitions. As used in this section the following terms shall have
the meanings indicated:
Includes but is not expressly limited to minibikes, motor
scooters, go-carts, snowmobiles, motorbikes, dune buggies and swamp
buggies and any other similar motor vehicle of the types that are
normally used on land for recreation, entertainment or pleasure. The
use of lawn mowers, powered garden vehicles and other similar utilitarian
domestic vehicles is specifically excepted herefrom.
(b)
Operation restrictions. It shall be unlawful for any person to operate
or permit and suffer to be operated a recreational motor vehicle,
as defined in Article XII, § 18(a), within the Town of Andover
under any of the following circumstances:
(1)
On private property of another without the express prior written
consent of the owner and the occupant of said property, such consent
may be revoked at any time by the grantor thereof, where such express
prior written consent has been obtained, the operator or person at
the site responsible for such operation shall keep said consent on
his person and available for immediate display at all times during
the period of such operation; provided, however, that no such written
consent shall be required for operation of any recreational motor
vehicle upon the property of any private clubs or other organizations
that permit the operation of recreational motor vehicles on their
property in connection with the principal use of said property by
the members of any such club or organization.
(2)
On any public grounds or property, including town-owned land
which shall include but not be limited to parks, ballparks, recreation
area, easements and sidewalks, or areas dedicated to or commonly used
for vehicular or pedestrian traffic, Town storage facilities, garage
areas and school land unless specifically designated, set aside and
reserved therefor by resolution of the Select Board.
(3)
In such manner as to create loud or unnecessary noise so as
to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 7:00 p.m., prevailing time, or sunset, whichever
shall first occur.
(4)
In a careless, reckless or negligent manner so as to endanger
the safety or property of any person.
(5)
On public and private ways in the Town except where the motor
vehicle is licensed for use on public and private ways in the commonwealth
or if the vehicle does not require a license for such use.
The removal from a public sidewalk, way or the usual point of
residential pickup, of any materials specifically set apart from the
ordinary household rubbish for the purpose of being recycled under
the recycling program of the Town of Andover by persons other than
those persons authorized to pick up such material by the Town of Andover,
or its agents, is prohibited.
[1]
Editor's Note: See also § 30, Mandating the recycling
of certain materials, of this article.
The tenant, occupant or owner of any building or land bordering
on any street or way where there is a sidewalk or canopy in the below
delineated areas in the Town of Andover shall cause snow to be removed
from said sidewalk or canopy by 10:00 a.m. on any day except Sundays
and holidays following snow storms wherein the snow ceases to fall
by 7:00 a.m.:
(a)
Both sides of Main Street between Elm Square and Punchard Avenue.
(b)
North side of Elm Street between Main Street and a point 51 feet
westerly of Elm Court.
(c)
South side of Elm Street between Post Office Avenue and a point 232
feet easterly of Post Office Avenue.
(d)
North side of Park Street between Main Street and a point 344 feet
easterly of Main Street.
(e)
South side of Barnard Street between Main Street and Bartlet Street.
(f)
North side of Chestnut Street and a point 163 feet easterly of Main
Street.
(g)
North side of Essex Street between Main Street and a point 325 feet
westerly of Main Street.
(h)
South side of Essex Street between Central Street and a point 360
feet westerly of Central Street.
(i)
South side of Chestnut Street and a point 125 feet easterly of Main
Street.
(j)
West side of North Main Street between Windsor Street and a point
250 feet southerly thereof.
(k)
East side of North Main Street between Haverhill Street and a point
80 feet northerly of Haverhill Street.
(l)
North side of Haverhill Street between North Main Street and Riverina
Road.
(m)
North side of Lowell Street between Poor Street and a point 110 feet
westerly of Poor Street.
(n)
Westerly of Poor Street between Lowell Street and a point 70 feet
northerly of Lowell Street.
[1]
Editor's Note: See also § 9 of this Art. XII, Interference
with snow plowing.
(a)
Alcoholic beverages; restriction on municipal property. Drinking
or possession of alcoholic beverages, as defined in Chapter 138 of
the Massachusetts General Laws, while in or upon any school building
or school grounds, library grounds, park, playground or other municipal
building or land is prohibited, except by written permission of the
Select Board, Town Manager or Chief of Police. Whoever violates any
provision of this section shall be fined an amount of not more than
$50 per each offense and to act on anything relating thereto.
(b)
Alcoholic beverages; restrictions within the town. No person
shall drink any alcoholic beverages, as defined in Chapter 138 of
the Massachusetts General Laws, while on, in or upon any way in which
the public has a right of access, or in any place to which members
of the public have access as invitees or licensees, park or playground,
or private land or place, without consent of the owner, or person
in control thereof. All alcoholic beverages being used in violation
of this by-law shall be seized and safely held until final adjudication
of the charge against the person arrested or summoned before the court.
Whoever violates any provision of this section shall be fined an amount
of not more than $50 per each offense and to act on anything relating
thereto.
(a)
No person, either principal or agent, whether or not that person
is licensed as a transient vendor, sales agent, hawker or peddler
by the Commonwealth of Massachusetts under Chapter 101 of the General
Laws or otherwise, shall go to any dwelling place or residence within
the Town soliciting or taking orders for any goods, wares, merchandise,
property of any kind or services of any nature, for future or immediate
delivery or performance, within the Town of Andover, without having
first registered with the Chief of Police and having received a solicitor
registration card.
[Amended 4-23-2007 ATM, Art. 32]
|
The Chief of Police, following application by such person, shall,
if satisfied with the honesty of the applicant, issue a solicitor
registration card to that person for a period not to exceed 12 months.
Said card must be carried by each solicitor whenever soliciting or
taking orders for goods as provided in the preceding paragraph and
it must be shown on request. The Chief of Police may for cause, and
after providing the opportunity for a hearing, order any such person
who has been issued a solicitor registration card to surrender that
card to him.
|
(b)
No such person shall in any event engage in such soliciting or taking
of orders except during the hours between 9:00 a.m. and 5:00 p.m.
(c)
No person shall enter upon the property of another or engage in soliciting
at any residence which has conspicuously posted a "No Solicitors"
sign.
[Added 4-23-2007 ATM, Art. 32]
[1]
Editor's Note: See also Art. XI, Licenses and Permits.
[Amended 6-12-1990, Art. 69; 4-28-2003 ATM, Art. 37]
All license fees for the storage of inflammables in accordance
with the provisions of M.G.L. c. 148, § 13, will be set
by the Select Board in accordance with M.G.L. c. 40, § 22F.
[1]
Editor's Note: See also Art. VII, Construction Permit Fees;
and Art. X, Fire Prevention Code.
The Andover members of the Merrimack Valley Planning Commission
shall be appointed by the Select Board as authorized by Chapter 535
of the Acts of 1976.
[1]
Editor's Note: See Art. III for provisions related to the
Town Planning Board.
(a)
Definitions. For the purpose of this bylaw, the following terms have
the definitions herein ascribed to them:
(1)
AUTOMATIC PROTECTION DEVICE — An electrically operated
instrument composed of sensory apparatus and related hardware which
automatically sends over regular telephone lines, by direct connection
or otherwise, a prerecorded voice alarm upon receipt of a stimulus
from the sensory apparatus that has detected a physical force or condition
inherently characteristic of a fire or unauthorized intrusion.
(2)
CENTRAL STATION PROTECTIVE SYSTEM — A system, or group
of systems operated for its customers by a person, firm or corporation
with a franchise from the town, in which the operations of electrical
protection circuits and devices are transmitted to, recorded in, maintained
and supervised from a central station or modified central station.
(3)
DIRECT LINE — A telephone line leading directly to the
communications center of the Fire Department or Police Department
that is for use only to report emergency messages and signals on a
person-to-person basis.
(4)
INDICATION — The instrumentation on a monitor panel at
the receiving terminal of a signal line which produces both visual
and audible alarm signals when activated by a signaling device in
the same electrical circuit at an identifiable location or origin.
(5)
KEY (TO A TELEPHONE LINE) — To use a telephone line for
transmitting a message, either by direct connection or by a mechanism
not so connected, that utilizes the microphone of a standard telephone
to do so.
(6)
PRIMARY TRUNK LINE — A telephone line leading into the
communication center of the Fire Department or Police Department that
is for the purpose of handling emergency calls on a person-to-person
basis, and which line is identified by a specific listing among the
emergency numbers in the telephone directory issued by the telephone
company serving the town.
(7)
SIGNAL LINE — A line not connected to any standard telephone
equipment which leads into an indicator panel in the communications
center of the Police Department or to such a panel in either a central
station protective system or a modified central station and which
is designed to transmit electrically an alarm signal readily identifiable
as to location of origin.
(8)
SPECIAL TRUNK LINE — A telephone line leading into the
communications center of the Fire Department or the Police Department
that is for the primary purpose of handling emergency messages which
originate from automatic protection devices and are transmitted directly
or through an intermediary.
(b)
Automatic protection devices — Restrictions on keying:
(1)
No automatic protection device that is installed after the effective
date hereof by any person on premises of any kind in the Town of Andover
shall be keyed to a primary trunk line.
(2)
After the effective date hereof, any alarm equipment supplier
who installs automatic protection devices in town for the purpose
of sending prerecorded emergency messages directly to the Fire Department
or the Police Department shall first obtain necessary instructions
including a designated telephone number from the particular department
concerned with the types of messages in order to key such devices
to a special trunk line into that department.
(3)
Within 90 days after the effective date hereof, all automatic
protection devices in the town that were keyed on that date to a primary
or secondary trunk line shall be disconnected therefrom. The owner
or lessee of any such device shall be responsible for the disconnecting
of it.
(4)
An owner or lessee of an automatic protection who has it disconnected
as required by Paragraph (3) of this subsection may authorize an alarm
equipment supplier to key the automatic protection device to a special
trunk line into the Fire Department or the Police Department, provided
that the recorded message shall not be transmitted for a period of
time exceeding three minutes.
(c)
Same — Keying to intermediaries authorized to relay messages:
Any person who has an automatic protection device in the town may
arrange to have such device keyed to any intermediaries who are authorized
to relay emergency messages to the Fire Department or Police Department
over a special trunk line.
(d)
Operational requirements for new installations:
(1)
Automatic protection devices installed on premises of any kind
in the town that are keyed to a special trunk line shall meet minimum
operational requirements as determined by the Police or Fire Chief.
(2)
No recorded message shall be delivered to the Police or Fire
Department more than three times as a result of a single stimulus
of the sensory mechanism.
(3)
The time gap between delivery of each recorded message must
be in the range from 10 to 12 seconds.
(4)
The length of time for transmitting the recorded message must
not exceed 15 seconds.
(5)
All telephone reporting devices will be equipped with an off-and-on
switch which, in the event of an alarm that is activated which is
false, the owner may shut recording device off and notify the proper
department immediately that it is a false alarm.
(6)
The sensory mechanism used in connection with such devices must
be adjusted to suppress false indications of fire or intrusion so
that the devices will not be actuated by impulse due to transient
pressure changes in water pipes, short flashes of light, wind noise
such as rattling or vibrating of doors or windows, vehicular noise
adjacent to the installation or other forces unrelated to genuine
alarms.
(7)
All components comprising such device must be maintained by
the owner in good repair to assure reliability of operation.
(e)
Instructions on operations:
(1)
Each alarm equipment supplier that sells or leases to a person
an automatic protection device which is installed on such person's
premises in the town after the adoption hereof, and which is keyed
to a special trunk line, shall furnish that person with written instruction
as to the way the device operates, along with a maintenance manual
and a correct circuit diagram pertaining to such device.
(2)
Prior to the installation of an emergency reporting system,
an installation permit shall be obtained from the electric inspector.
The fee for said permit shall be established by the Select Board.
(f)
Testing: No person shall conduct any test or demonstration on an
automatic protection device or a signaling device designed to make
direct connection with headquarters of the Fire Department or Police
Department without first notifying the Chief of the Department concerned
with the particular kind of alarm.
(g)
Signaling devices and indicator devices:[2]
[Amended 4-11-1995 ATM, Art. 39]
(1)
Every alarm equipment supplier who wants to connect automatic
protection devices to the Town of Andover Police or Fire Department
central dispatch console shall furnish the Police or Fire Chief with
a current list of such installations showing the following:
a.
Name, residence address and telephone number of owner or lessee.
b.
Address or place where device is installed and telephone number
at that location.
c.
Name and telephone number of two other persons at different
locations who are authorized to respond to an emergency at any time,
day and night, and open the place where the device is installed and
be able to reset or terminate such device if found to be defective.
It shall be the responsibility of the alarm system user to keep this
information up-to-date.
d.
All premises shall have their legal street numbers clearly visible
from the street as per existing town by-laws, prior to connection
of the alarm systems to the central dispatch console.
(2)
Alarm system installation:
a.
Any current or future alarm user may contract with an alarm
company of their choice for the purchase, lease, installation and
servicing of an alarm system on their premises.
b.
No alarm system shall be connected to the central dispatch console
without prior written approval of the Chief.
1.
This approval shall include municipal connection, direct wire
and dial up devices.
c.
The only types of systems which will be allowed to connect to
the central dispatch console will be systems which utilize telephone
dialer transmitters or connection via municipal fire alarm circuit
or such other type deemed compatible with the central dispatch console.
1.
Existing telephone dialers using voice-type tape recorders are
allowed. Such alarm systems are to use the special alarm telephone
number set up for this purpose. No alarm equipment shall utilize the
primary reporting numbers for the Andover Public Safety Center.
d.
Actual connection to the central dispatch console will be made
by the town's designated alarm contractor or Fire Alarm Division Personnel.
Alarm users will be required to pay the alarm contractor for this
service as set forth in a contract by the contractor and the alarm
user.
e.
The supplier will contact the town's designated alarm contractor
10 days in advance of connection to the town central dispatch console.
f.
The town accepts no liability whatsoever for conditions which
prevent proper reception from the user's premises.
(3)
Telephone lines will be ordered by the town-designated alarm
contractor.
[2]
Editor's Note: See also Art. X, Fire Prevention Code.
(h)
Operational requirements if connected to an outside audible or visual
alarm:
[Amended 4-11-1995 ATM, Art. 39]
(1)
The length of time for outside alarm activation shall not exceed
15 minutes.
(2)
All alarm systems which use an audible bell, horn or siren shall
be equipped with an automatic shut-off device, which will deactivate
the alarm system within the specified time in Subsection (h)1 of this
section. All alarm users with an audible bell, horn or siren must
comply with this section within 90 days of the effective date of this
bylaw.
(i)
Fines and cancellation of service:
[Amended 4-11-1995 ATM, Art. 39]
(2)
All alarm users must notify the Police Department in advance
of any testing of equipment. Failure to notify the Police Department
in advance of testing equipment shall constitute a false alarm and
be subject to the assessment schedule contained herein.
(3)
If an automatic protection device is activated with exception
of the above Subsection (i)(1), the owner shall be allowed up to three
false alarms per year. After the third false alarm, the owner will
be charged $15 for each additional alarm up to a total of six. After
the sixth false alarm, each succeeding false alarm shall be charged
at a rate of $50. The person(s) responsible for the alarm shall be
billed on a quarterly basis and notified that if the cumulative number
of false alarms may suspend response to any further alarms until the
situation has been corrected or, at the discretion of the alarm owner,
each successive false alarm after the notification of disconnect will
be assessed at $75 per false alarm. Written notification must be provided
to the Police Department within 24 hours of the receipt of the notice
of disconnect in order to avoid the suspension of response to further
alarms and to accept the additional fee for each successive alarm
until the situation can be rectified by the alarm user. Notice of
disconnect will be served in hand or by certified mail. Once the alarm
problem has been repaired and documentation of such repair has been
provided to the Police Department and payment has been received for
the false alarms responded to, then the Department will resume response
to alarms received. Billing for false alarms will be done on a quarterly
basis and accumulated false alarms done on a yearly basis from July
1 through June 30 of each year. Persons with outstanding balances
on alarm fees after 90 days of being billed will be subject to a $25
processing fee as well as notification of disconnect until the balance
is paid in full.
(4)
Failure to comply with Subsection (g)(1)a, b, c or d or Subsection
(h)1, 2 or Subsection (i)2 shall be punishable by a fine of $25.
(5)
A hearing may be requested before the termination from the town
central dispatch console or the special trunk line within five days
of official notification of such termination either by the town or
town-designated alarm contractor.
(j)
Exceptions: The provisions of this by-law shall not apply to alarm
devices owned or controlled by the Town of Andover, nor to alarms
installed in motor vehicles.
[Amended 4-11-1995 ATM, Art. 39]
(k)
Liability of town limited: The town shall take every reasonable precaution
to assure that alarm and prerecorded messages received by the Town
Public Safety Central Dispatch are given appropriate attention and
are acted upon expeditiously. The town shall not be liable for any
defects in operation of automatic protection devices and signal line
systems, for any failure or neglect to respond appropriately upon
receipt of an alarm from such a source. In the event that the town
finds it necessary to disconnect an automatic protection device or
signaling device, the town shall incur no liability by such action.
[Added 4-11-1995 ATM, Art. 39]
[1]
Editor's Note: See also § 24.5, Fire alarm systems/false
alarms, of this Art. XII.
[Added 6-12-1990, Art. 60]
The following rules and regulations shall apply to the installation,
operation and maintenance of fire alarm systems:
(1)
Scope: Fire alarm systems shall include systems connected to
Fire Headquarters by the municipal fire alarm circuit, direct wire
and any systems which use exterior audible signals at the alarm location.
(2)
Authority: Massachusetts General Laws Chapter 148, Sections
26A-26H, requires the installation of alarm systems in certain buildings
and places responsibility for the enforcement of these provisions
with the Fire Chief. This by-law is adopted to establish uniform rules
and regulations and to implement a schedule of fees for the installation,
operation and maintenance of said alarm systems.
(3)
Alarm system installation:
a.
Any current or future alarm users may contract with an alarm
company of their choice for the purchase, lease, installation and
servicing of an alarm system on their premises.
b.
No alarm system or equipment shall be connected to the central
dispatching console without prior written approval of the Fire Chief.
1.
This approval shall include municipal connection, direct wire
and dial-up devices.
c.
The only types of systems which will be allowed to connect to
central dispatch console will be systems which utilize telephone dialer
transmitters or connection via the municipal fire alarm circuits,
or such other type deemed compatible with the central dispatch console.
1.
Existing telephone dialers using voice-type tape recorders are
allowed. Such alarm systems are to use the special alarm number set
up only for this purpose. No equipment, as described in Subsection
(3)c1, shall use the primary reporting telephone number.
d.
Actual connection to the central dispatch console will be made
by the town's designated alarm contractor or Fire Alarm Division personnel.
Alarm users will be required to pay the alarm contractor for this
service as set forth in a contract between the contractor and the
alarm user.
e.
The town accepts no liability whatsoever for conditions which
prevent proper reception of signals from the user's premises.
(4)
Alarm system regulations:
a.
Each alarm user shall submit to the Fire Chief the names, addresses
and telephone numbers of three persons who can be reached at any time,
day or night, who are authorized to gain entrance into the protected
premises for the purposes of silencing and resetting the alarm system.
It shall be the alarm system user's responsibility to keep this information
up-to-date. Each control panel shall have located inside its door
the above information and also the name of the company and phone numbers
of the company which currently services the system.
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Written instructions for resetting the control panel shall be
clearly visible on the control panel. Permission to attempt a system
reset must be on file with the Fire Department if user wishes the
Fire Department to reset control unit. It shall be the alarm user's
responsibility to keep this information up-to-date. If after three
attempts a system will not reset the zone, or if necessary, the system,
it will be left unrestored. In this event, attempts shall be made
to contact the parties from the data given by the user. The town assumes
no liability for inability to contact listed persons.
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1.
In the event an alarm user's panel or zone or other protective
system cannot be reset, or the contact person cannot respond to the
premises within a short period of time, the Fire Department will send
a fire alarm system detail to the building. The charges for this detail
shall be billed to the building or complex owner who will remit payment
to the Fire Department. A two-hour minimum will be charged for that
service.
1.1.
This regulation shall apply to all alarm systems,
i.e., those connected to the central dispatch console and those equipped
with exterior audible signal devices.
1.2.
Any building other than a residential building
of less than six units which has a fire alarm system or other fire
protection system shall provide a secure key lock box installed in
a location accessible to the Fire Department in case of an emergency.
This key lock box shall contain keys to the fire alarm system control
panel and any other keys necessary to operate or otherwise service
the fire protection systems. The key lock box shall be of a type approved
by the Fire Chief and shall be located and installed as instructed
by the Fire Chief and/or the Fire Prevention Bureau personnel.
1.3.
All premises shall have their legal street number
clearly visible as per existing town by-laws, prior to connection
of the alarm systems to the central dispatch console.
b.
All alarm users must notify the central dispatch center in advance
of any testing of equipment. Failure to do so may constitute a false
alarm and therefore be subject to fee assessment.
c.
Any direct wire user who has multiple purpose alarms, i.e.,
fire or medical aid, or any combination thereof, must provide for
individual alarm connections to the central dispatch console as required.
d.
1.
Alarm systems which generate false alarms in any twelve-month
period shall be subject to assessment as follows ("twelve-month period"
is a fiscal year, July 1 to June 30):
|
Fire Alarm Systems False Alarms
| ||
|---|---|---|
|
Number of False Alarms
|
Fine
| |
|
Step 1:1 through 3
|
None
| |
|
Step 2:4 through 5
|
$200 each
| |
|
Step 3:6 or more
|
$400 each
| |
2.
Definition of "false alarm": The activation of an alarm system
due to mechanical failure, malfunctioning equipment, improper installation
or negligence of the user of the alarm system, or his employees or
agents. Excluded from this definition are activations of alarm systems
caused by utility company power outages, communication receiving equipment
problems at central dispatch or other acts of nature beyond the control
of the alarm user.
|
False alarms shall include but not be limited to the following
situations:
|
(a)
The continued activations of alarms resulting from
any condition where no effective effort is made to correct the condition.
(b)
Detection devices reacting to a condition such
as dirt, dust or any other debris or material resulting from the failure
of the owner to properly maintain and clean the system.
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The obligations of owners for the proper maintenance of their
systems shall be set forth in 527 CMR 24.08, which is incorporated
herein by reference.
|
(c)
Detection devices reacting to a condition such
as smoke, steam, etc., where such occurrences are continuous with
no corrective action taken.
e.
Alarm users who cannot produce a valid service agreement for
the protected property shall pay an additional $50 per step. It is
the intent of this section to have systems maintained on a regular
basis annually.
1.
False alarms caused by faulty telephone service, electrical
storms or power outages will be excluded from assessments.
1.1.
False alarms received during the first 30 days
of connection shall be discounted provided no malicious intent has
occurred and every attempt has been made to rectify new installation
defects.
2.
Determination that a false alarm has been transmitted will be
the responsibility of the Fire Chief or other duly appointed Fire
Department officer.
2.1.
Malicious false alarms shall be excluded provided
the alarm system owner actively discourages these types of alarms
through education and installation of deterrent devices applicably
designed for these purposes, when requested by the Fire Chief.
3.
Payments of assessments will be billed by and paid to the Fire
Department.
4.
Upon failure of an alarm user to pay two consecutive fees assessed
within 60 days of the assessment, the Fire Chief shall order the alarm
user to discontinue the use of the alarm system for not more than
six months. Recovery of funds shall be through court proceedings.
5.
Town, county and state agencies are exempt from the provisions
of the assessment schedule.
(5)
Violations:
a.
The following acts and omissions shall constitute a violation
of these regulations and shall be punishable as follows: by a fine
of not less than $100 nor more than $200 per offense:
1.
Failure to follow a written order issued by the Fire Chief to
disconnect a fire alarm system from the municipal box, or to disable
a telephone dialer arranged to dial the special alarm telephone number.
2.
Failure to disconnect, after notification, an unauthorized telephone
dialing device arranged to dial the central dispatch console.
3.
Failure to pay two or more consecutive assessment fees assessed
under Subsection (4), Paragraph e, of these regulations, within 60
days from the date of the second assessment.
4.
Failure to comply with the regulations set forth in Subsections
(3) and (4) of these regulations.
5.
Continued transmission of false alarms caused by the user's
negligence or system malfunctions on the user premises which is under
the user's control, and where no effective effort is made to correct
the condition.
[1]
Editor's Note: See also § 24, Emergency reporting
equipment and procedures, of this Art. XII.
Before approval of an application for a license, permit or order
of conditions, the Planning Board, Conservation Commission or Board
of Health may require the applicant to file with it a performance
bond, deposit of money or negotiable securities, to secure the timely
completion of the work or activity in accordance with the license,
permit or order of conditions. The bond or other security may be in
such form and amount, and may contain such terms and conditions, as
the Board or Commission in its discretion may require. The amount
of the bond shall not exceed the cost of the approved work or activity.
No person shall throw, scatter, drop or place or shall cause
or procure to be thrown, scattered, dropped or placed in or upon any
street, highway or other public place within the town any leaves,
refuse or other substances except in and upon areas and at such times
as specifically designated by the Town Manager or his designee.
[1]
Editor's Note: See also Art. XI, § 3(b), for permission
to place materials within streets; and § 10 of this Art.
XII, regarding littering.
(a)
The marking of fire lanes on private property, devoted to public
use, shall be approved by the Fire Chief and the Chief of Police.
(b)
Parking of motor vehicles or otherwise obstructing fire lanes shall
be prohibited at all times.
(c)
Parking in the area designated as the traveled way adjacent to the
fire lane shall be prohibited at all times.
[1]
Editor's Note: See also Art. X, Fire Prevention Code.
Whoever, upon any way or in any place to which the public has
a right of access, or upon any way or in any place to which the public
has access as invitees or licensees, shall be prohibited from parking
in spaces designated as handicap parking unless displaying the international
sign for handicapped.
It shall be unlawful for any person to introduce, operate or
permit and suffer to be operated on Foster Pond a motor boat powered
by any engine with a horsepower in excess of 10. For purposes of this
section, the use of any craft designed and utilized solely for the
control or removal of aquatic plants is specifically excepted.
[Amended 4-5-1988, Art. 55]
The Select Board may make rules and regulations for trash disposal,
including but not limited to mandating the recycling of certain types
such as newspapers and yard wastes, and the Select Board may regulate
the enforcement of such recycling.
[1]
Editor's Note: See also § 19, Removal of recyclable
materials, of this Article.
No person shall park a vehicle on any street in the Town of
Andover between the hours of 1:00 a.m. and 6:00 a.m. of any day from
December 1 of one year to April 1 of the next year. Provided nevertheless,
that this ban may be suspended at any time by the Chief of Police
with the approval of the Select Board.
Vehicles parked in violation of this section shall be subject
to being towed upon direction of the Chief of the Police Department
or other officers as the Chief may from time to time designate.
The charges imposed for the towing shall be in addition to any
penalty imposed for the violation of the by-laws.
[Amended 4-3-1989, Art. 19]
(a)
The Tax Collector or other municipal official responsible for records
of all municipal taxes, assessments, betterments and other municipal
charges, hereinafter referred to as the "Tax Collector," shall annually
furnish to each department, board, commission or division, hereinafter
referred to as the "licensing authority," that issues licenses or
permits, including renewals and transfers, a list of any person, corporation
or business enterprise, hereinafter referred to as the "party," that
has neglected or refused to pay any local taxes, fees, assessments,
betterments or other municipal charges, including amounts assessed
under the noncriminal disposition provisions of Article I, Section
4, for not less than a twelve-month period, and that such party has
not filed in good faith a pending application for an abatement of
such tax or a pending petition before the appellate tax board.
[Amended 4-29-1998 ATM, Art. 71]
(b)
The licensing authority may deny, revoke or suspend a building permit,
or any license or permit, including renewals and transfers of any
party whose name appears on said list furnished to the licensing authority
from the Tax Collector or with respect to any activity, event or other
matter which is the subject of such license or permit and which activity,
event or matter is carried out or exercised or is to be carried out
or exercised on or about real estate owned by any party whose name
appears on said list furnished to the licensing authority from the
Tax Collector; provided, however, that written notice is given to
the party and the Tax Collector, as required by applicable provisions
of law, and the party is given a hearing, to be held not earlier than
14 days after said notice. Said list shall be prima facie evidence
for denial, revocation or suspension of said license or permit to
any party. The Tax Collector shall have the right to intervene in
any hearing conducted with respect to such license denial, revocation
or suspension. Any findings made by the licensing authority with respect
to such license denial, revocation or suspension shall be made only
for the purposes of such proceeding and shall not be relevant to or
introduced in any other proceeding at law, except for any appeal from
such license denial, revocation or suspension. Any license or permit
denied, suspended or revoked under this section shall not be reissued
or renewed until the license authority receives a certificate issued
by the Tax Collector that the party is in good standing with respect
to any and all local taxes, fees, assessments, betterments or other
municipal charges, payable to the municipality as the date of issuance
of said certificate.
[Amended 4-12-1994 ATM, Art. 41; 4-15-1997 ATM, Art. 50]
(c)
Any party shall be given an opportunity to enter into a payment agreement,
thereby allowing the licensing authority to issue a certificate indicating
said limitations to the license or permit and the validity of said
license shall be conditioned upon the satisfactory compliance with
said agreement. Failure to comply with said agreement shall be grounds
for the suspension or revocation of said license or permit; provided,
however, that the holder be given notice and a hearing as required
by applicable provisions of law.
(d)
The Select Board may waive such denial, suspension or revocation
if it finds there is no direct or indirect business interest by the
property owner, its officers or stockholders, if any, or members of
his immediate family, as defined in Section 1 of Chapter 268A in the
business or activity conducted in or on said property.
[Amended 4-15-1997 ATM, Art. 51]
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This section shall not apply to the following licenses and permits:
open burning, Section 13 of Chapter 48; bicycle permits, Section 11A
of Chapter 85; sales of articles for charitable purposes, Section
33 of Chapter 101; children work permits, Section 69 of Chapter 149;
clubs, associations dispensing food or beverage licenses, Section
21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing,
hunting, trapping license, Section 12 of Chapter 131; marriage licenses,
Section 28 of Chapter 207; and theatrical events, public exhibition
permits, Section 181 of Chapter 140.[2]
|
[2]
Editor's Note: The chapters and sections referred to in the
last two paragraphs are in the General Laws.
[1]
Editor's Note: See also Art. IV, Matters Involving Town Moneys;
and Art. XI, Licenses and Permits.
[Amended 6-12-1990, Art. 77; 4-2-1991, Art. 46]
(1)
Intent and purpose: This by-law is adopted for the purpose of protecting
and preserving historically significant buildings and structures,
as defined in Subsection (2)f, below, which constitute or reflect
distinctive features of the history of the Town of Andover, and for
the purpose of promoting the public welfare through the preservation
of the architectural, historical, cultural and aesthetic qualities
of the town. Through this by-law the town desires to encourage owners
and others to preserve, rehabilitate or restore such historically
significant buildings or structures rather than demolishing or removing
them.
|
It is not intended that this by-law cover customary and usual
alterations, whether major or minor, to historically significant buildings
and structures, provided that the character and effect of such alterations
is not, in the opinion of the Inspector, tantamount to demolition
of such a building or structure in contravention of the above intent
and purpose.
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(2)
Definitions: For the purposes of this by-law, the following words
and phrases shall have the following meanings:
a.
BUILDING — A freestanding structure designed for the shelter
or housing of persons, animals, chattels or property of any kind.
b.
COMMISSION — The Andover Preservation Commission.
[Amended 4-10-1996 ATM, Art. 62]
c.
DAYS — For the purposes of this by-law, "days" shall mean calendar
days.
d.
DEMOLITION — Any act of pulling down, destroying, altering
significantly or razing a structure or any attached portion thereof.
e.
DEMOLITION PERMIT — The permit issued by the Building Inspector
as required by the State Building Code for the demolition, partial
demolition or removal of a building or structure from its lot or the
moving of the building or structure on its lot.
f.
HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE — Any building
or structure which is (1) associated with any one or more historic
persons or events or with the architectural, cultural, economic, political
or social history of the Town of Andover, the Commonwealth of Massachusetts
and/or the United States of America; or (2) is historically or architecturally
important by reason of type, period, style and method of building
construction, or represents the work of a well-known architect or
builder, either by itself or in the context of a group of buildings
or structures.
g.
INSPECTOR — Andover Inspector of Buildings.
h.
PREFERABLY PRESERVED HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE
— Any historically significant building or structure which is
established after a public hearing by the Commission to be worthy
of preservation.
i.
REMOVAL — To transfer a structure from its existing location.
j.
STRUCTURE — Any combination of materials assembled, constructed,
erected or maintained at a fixed location and placed permanently or
temporarily in or on the ground.
(3)
Regulated buildings and structures: The provisions of this by-law
shall apply only to the following buildings and structures:
a.
Any building or structure listed on or which is the subject of a
pending application for inclusion on the National Register of Historic
Places or the Massachusetts State Register of Historic Places; or
b.
Any building or structure located within 200 feet of the boundary
line of any Federal, State or Local Historic District; or
c.
Any building or structure included in the Inventory of the Historic
and Prehistoric Assets of the Commonwealth maintained by the Commission
or which is designated by the Commission for inclusion in said Inventory.
d.
However, the provisions of this by-law shall not apply to any building
or structure located in a local Historical District and subject to
regulation under the provisions of General Laws Chapter 40C.
(4)
Procedure:
a.
Application: Within 10 days of the filing of such application, the
Inspector or his assistant shall forward a copy of each demolition
permit application for a building or structure identified in Subsection
(3) above to the Commission.
b.
Historically significant determination: Within 40 days from the Commission's
receipt of a demolition permit application, the Commission shall hold
an open meeting to hear and collect information and evidence to determine
whether or not the building or structure is historically significant.
The applicant for the permit shall be notified, in writing, at least
seven days prior to the open meeting. The forty-day period may be
extended by written agreement signed by the applicant and a member
of the Commission.
1.
If the Commission determines that, based upon available information
and evidence, the building or structure is not historically significant,
the Commission shall forthwith notify the Inspector, in writing, of
its decision, including the reasons for such a determination, and
the Inspector may issue a demolition permit.
2.
If the Commission determines that, based upon available information
and evidence, the building or structure is historically significant,
the Commission shall notify the Inspector, in writing, of its decision,
including the reason for such a determination, and notify the Inspector
to inform the applicant that a historically significant building or
structure demolition/removal plan review must be made prior to the
issuance of a demolition permit.
c.
Historically significant building or structure demolition/removal
plan review:
1.
Within 30 days after the Commission's determination that a building
or structure is historically significant, the applicant for the demolition
permit shall submit to the Commission six copies of a demolition/removal
plan that includes the following information:
(a)
A map showing the present location of the building or structure
to be demolished/removed on its property with references to lot lines
and neighboring buildings;
(b)
Three-inch by five-inch photographs of all sides of the building
or structure; and
(c)
A brief description identifying the reasons for the proposed
demolition/removal, including any data to justify the need for demolition/removal
and the proposed reuse of the parcel on which proposed demolition
is located.
2.
Within 50 days from its receipt of the demolition/removal plan,
the Commission shall hold a public hearing with respect to the demolition/removal
application and plan. With the assistance of the Department of Community
Development and Planning, notice of the public hearing shall be advertised
in a newspaper of local circulation at least seven days prior to the
public hearing. The applicant, the Planning Board and all immediate
abutters of the property where the building or structure is to be
demolished/removed shall be notified, in writing, of the public hearing
by mailing or delivering notice thereof to them at least seven days
prior to the date of the public hearing.
d.
Decision:
1.
Within 60 days from the Commission's receipt of the demolition/removal
plan, but no later than 21 days after the public hearing, the Commission
shall make a written decision stating its reasons for such a determination,
including a specific statement as to whether or not the building or
structure should be preferably preserved because of its historical
significance.
2.
If the building or structure is determined by the Commission
not to be preferably preserved or if the Commission fails to file
its written decision with the Inspector within 65 days from its receipt
of the demolition/removal plan, then the Inspector may issue a demolition
permit.
3.
If the building or structure is determined to be preferably
preserved, the Inspector shall not issue a demolition permit for a
period of 12 months from the date the Commission determined that the
building was historically significant, unless the Commission informs
the Inspector prior to the expiration of the twelve-month period that:
[Amended 4-28-2003 ATM, Art. 31]
(a)
In the opinion of the Commission there is no likelihood of preserving,
restoring or rehabilitating the building; or
(b)
The Commission is satisfied that the applicant for the demolition
permit has made a bona fide, reasonable and unsuccessful effort to
locate a purchaser for the building or structure who is willing to
preserve, rehabilitate or restore the building or structure; or
(c)
The applicant for the demolition permit has agreed to accept
a demolition permit according to certain conditions approved by the
Commission.
(5)
Emergency demolition: If a building or structure poses an immediate
threat to public health or safety due to its deteriorated condition,
the owner of such building or structure may request issuance of an
emergency demolition permit from the Inspector. As soon as practicable
after the receipt of such request from the owner, the Inspector shall
arrange to have the property inspected by himself or his designee
and the Chairman of the Commission or his designee. After inspection
of the building or structure and consultation with the Fire Chief
and/or the Board of Public Health and the Commission Chairman or his
designee, the Inspector shall determine whether the condition of the
building or structure represents a serious and imminent threat to
public health and safety and whether there is any reasonable alternative
to the immediate demolition of the building or structure which would
protect public health and safety. Whenever the Inspector issues an
emergency demolition permit under the provisions of this by-law section,
he shall prepare and file a written report describing the condition
of the building or structure and the basis of his decision to issue
an emergency demolition permit with the Commission. Nothing in this
by-law shall be inconsistent with the procedures for the demolition
and/or securing of buildings and structures established by General
Laws Chapter 143, Sections 6—10, as long as the Commission Chairman
is invited to accompany the Inspector in any related inspections.
(6)
Noncompliance: Notwithstanding that an assessed fine is paid, unless a demolition permit was obtained for such demolition/removal and unless such permit was fully complied with, the Inspector shall not issue a building permit pertaining to any property on which a building or structure identified in Subsection (3) has been demolished for a period of two years from the date of demolition, unless the Commission recommends to him, after an open meeting, that this further penalty be waived. Anyone who demolishes/removes a building or structure identified in Subsection (3) without first obtaining and complying fully with the provisions of a demolition permit in accordance with the provisions of this by-law shall be subject to a fine of not more than $300.
(7)
Severability: In case any section, paragraph or part of this by-law
is declared invalid or unconstitutional by any court of competent
jurisdiction, every other section, paragraph and part of the by-law
shall continue in full force and effect.
[Amended 4-2-1991, Art. 37]
(a)
Preparation and submission. The Town Manager annually shall prepare,
with the assistance of the Town Planning Board, a five-year capital
improvement program. At the request of the Town Manager, all town
boards, committees, commissions and other agencies of the town shall
submit to the Manager, in such form and according to such schedule
of time as the Manager may require, detailed statements of capital
improvements requested for their respective boards, committees, commissions
and agencies during the next five fiscal years. The Manager shall
submit the five-year capital improvement program to the Select Board
at least three months prior to the final date for submission of the
annual budget as prescribed by Town Bylaw. Concurrently, copies of
the capital improvement program shall also be transmitted to the Finance
Committee and School Committee. The capital improvement program shall
include:
(1)
A clear general summary of its contents;
(2)
A list of all capital improvements which are proposed to be
undertaken during the five fiscal years ensuing, with appropriate
supporting information as to the necessity for such improvements;
(3)
Cost estimates, method of financing and recommended time schedules
for each such improvement; and
(4)
The estimated annual cost of operating and maintaining any facilities
to be constructed or acquired.
|
The above information may be revised and extended each year
with regard to capital improvements still pending or in process of
construction or acquisition.
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(b)
Action on capital improvement program.
(1)
Notice and hearing. The Select Board shall cause to be published
in one or more newspapers of general circulation in the town the general
summary of the capital improvement program and a notice stating: (a)
the times and places where copies of the capital improvement program
are available for inspection; and (b) the time and place, not less
than two weeks after such publication, for a public hearing on the
capital improvement program.
(2)
[Meeting with Finance Committee.] After the public hearing but
at least 10 days before adoption of the capital improvement program,
the Select Board shall meet and confer with the Finance Committee
concerning the program.
(3)
Adoption. The Select Board by resolution shall adopt the capital
improvement program with or without amendment after the public hearing
and after conferring with the Finance Committee, at least one month
before the required date for submission of the annual budget by the
Town Manager.
[Added 4-13-1994 ATM, Art. 52]
1.
Rationale/purpose.
A.
There exists conclusive evidence that tobacco smoke causes cancer,
respiratory diseases, cardiovascular disease, negative birth outcomes,
as well as, irritations to the eyes, nose and throat. Both smokers
and those exposed to secondhand smoke are at risk. It is the opinion
of the Board of Health that nonsmokers should not be involuntarily
exposed to tobacco smoke.
B.
More than 90% of all smokers begin smoking before the age of 18 (the
legal age to purchase cigarettes in the Commonwealth) and an estimated
3,000 minors begin smoking every day in the United States. There is
therefore, an important health need to reduce easy access to tobacco
products by youths through strict enforcement of the state law prohibiting
sales to minors, MGL C. 270, § 6.
2.
Definitions.
A.
BAR — An establishment which is primarily dedicated to the
serving of alcoholic beverages and in which the service of food is
only incidental to the consumption of such beverages. This does not
include the lounge or bar service areas of a food-service establishment
B.
DESIGNATED SMOKING AREA — The area, designated by the proprietor,
manager, owner or other person(s) of authority, in which smoking is
permitted. Such areas shall be designated so as to minimize exposure
of nonsmoking patrons and/or employees.
C.
EMPLOYEE — Any individual who performs services for an employer
in return for wages or profit.
D.
EMPLOYER — Any individual, partnership, association, corporation,
trust or other organized group of individuals, including the Town
of Andover or any agency thereof, which regularly uses the services
of one or more employees.
E.
ENCLOSED — A space bounded by walls with a door and under a
roof.
F.
FREESTANDING DISPLAY — Any display of cigarettes or tobacco
products which is not attached to or on top of a checkout counter
or where distribution of the tobacco products is not directly controlled
by an employee.
G.
FOOD-SERVICE ESTABLISHMENT — Any place in which food is prepared
for service, with or without charge, including but not limited to
any restaurant, coffee shop, cafeteria, workplace cafeteria, luncheonette,
short-order cafe, pizza shop, donut shop, grille, tearoom, sandwich
shop, bar, tavern or lounge.
H.
INDOOR SPORTS ARENA — Any sports pavilion, gymnasium, health
spa, boxing arena, swimming pool, roller or ice rink, bowling alley
or other similar place where members of the general public assemble
to engage in physical exercise, participate in athletic competition
or witness sports events.
I.
LOUNGE/BAR SERVICE — Any area in a food-service establishment
where alcoholic beverages are served or prepared.
J.
MINOR — A person under 18 years of age.
K.
MUNICIPAL BUILDING — The town offices, library, police/fire
station, schools and school administration building, water treatment
plant, Department of Public Works, all municipal maintenance buildings
and any and all facilities owned and operated by the town.
L.
NONSMOKING AREA — Any area that is designated and posted by
the proprietor, owner or person in charge as a place where smoking
by patrons, employees or others is prohibited.
M.
PUBLIC PLACE — An enclosed, indoor area when open to and used
by the general public, including but not limited to the following:
licensed child-care locations, educational facilities, elevators accessible
to the public, clinics and nursing homes, inns, hotel and motel lobbies,
stairwells, halls, entranceways, public rest rooms, libraries, municipal
buildings, museums, retail food establishments, indoor sports arenas,
theaters, auditoriums, public transit facilities and any rooms or
halls when used for public meetings. A room or hall used for a private
social function in which the sponsor of the private function and not
the owner or proprietor has control over the seating arrangements
shall not be construed as a public place.
N.
RESTAURANT — Any establishment serving food for consumption
on the premises which maintains tables for the use of its customers.
This includes cafeterias in the workplace.
O.
RETAIL FOOD ESTABLISHMENT — Any establishment commonly known
as a supermarket, grocery store or convenience store in which the
primary activity is the sale of food items to the public for off-premise
consumption.
P.
RETAIL STORE — Any establishment selling goods, articles or
personal services to the public.
Q.
SEATING CAPACITY — The capacity designated on the occupancy
permit.
R.
SMOKING — The lighting of any cigar, cigarette, pipe or other
tobacco product.
S.
TOBACCO — Cigarettes, chewing tobacco, snuff or tobacco in
any of its forms.
T.
TOBACCO VENDING MACHINES — A device which dispenses tobacco
products by self-service or by remote control.
U.
WORKPLACE — Any area within a structure or portion thereof
in which one or more employees perform services for their employer.
It also includes employee lounges, rest rooms, conference rooms, hallways,
stairways and entranceways.
3.
Prohibition on smoking
in public places.
(1)
Municipal buildings.
a.
Smoking and the use of other tobacco products shall not be permitted
in any municipal building in the Town of Andover.
(2)
Restaurants.
a.
Smoking shall not be permitted in any restaurant in the Town
of Andover. This shall also include the lounge/bar service area in
a food-service establishment.
b.
Each restaurant shall conspicuously post signs to indicate that
it is a nonsmoking establishment. The proprietor, manager or person
in charge shall ask patrons who may be smoking to refrain from smoking.
(3)
Retail stores.
a.
The prohibition on smoking in public places shall apply to retail
stores doing business with the general public. Smoking areas may be
designated in portions of said stores not open to the public and in
stores whose business is exclusively dedicated to the sale of tobacco
products.
(4)
Other public places.
a.
No person shall smoke in any public place, as defined in Subsection
2M, except that smoking shall be permitted in specifically designated
smoking areas as provided in Subsection 3(4)b. Hallways, elevators,
entranceways, stairways, rest rooms and waiting areas may not be designated
as smoking areas. No place governed by this by-law shall be designated
as a smoking area in its entirety. Nothing in this section shall be
construed as to require the creation of a smoking area.
b.
Smoking areas may be designated in museums, clinics, health
care facilities, nursing homes, long-term care facilities, auditoriums,
indoor sporting arenas, hotel and motel lobbies, private schools and
theaters, provided that comparable nonsmoking areas of sufficient
size and capacity are available. Physical barriers and a separate
ventilation system shall be used to segregate smoking areas from nonsmoking
areas. Hallways, elevators, entranceways, stairwells, rest rooms and
waiting areas in all the above facilities may not be designated as
smoking areas. Areas designated as smoking areas must be conspicuously
marked.
(5)
Exclusions. The provisions of this by-law shall not apply to:
a.
Bars, as defined in Subsection 2A.
b.
Private residences, including private and personal property.
c.
Hotel and motel rooms rented to guests that have been designated
as smoking rooms.
d.
Stores exclusively dedicated to the sale of tobacco products.
e.
Hotel and motel conference/meeting rooms and private assembly
rooms while these places are being used for private functions.
f.
Private or semiprivate rooms of nursing homes and long-term
care facilities occupied by one or more patients, all of whom are
smokers who have requested, in writing, on the facility admission
form to be placed in rooms designated as smoking rooms. These rooms
are to be situated in a manner which will effectively make use of
the ventilation system so as to provide ambient air quality equal
to the ambient air quality in nonsmoking areas. Designated smoking
areas will be terminated upon failure of the ventilation system in
that area.
(6)
Implementation. The proprietor(s) or other person(s) in charge
of a place covered by this by-law shall prevent smoking in nonsmoking
areas by:
a.
Conspicuously posting a notice or sign at each entrance to the
public place indicating smoking is prohibited therein except in specifically
designated smoking areas. In addition, conspicuously posting "SMOKING"
and "NO SMOKING" signs or the international "NO SMOKING" symbol in
every area where smoking is permitted or prohibited by this by-law.
b.
Arranging seating so that physical barriers, ventilation systems
and available space are utilized to eliminate the presence of smoking
by-products in the nonsmoking area. Nonsmoking areas are to be situated
near the ventilation system of the facility. The heating, ventilation
and air-conditioning system (HVAC) shall be installed so that no return
air from smoking areas may enter the unit.
c.
Requiring patrons who may be smoking in a nonsmoking area either
to refrain from smoking or to move to a smoking area.
d.
Using any other means which may be appropriate and reasonable
to enforce this by-law.
4.
Retail sale of tobacco
products.
(1)
No person, firm, corporation, establishment or agency shall
sell cigarettes, chewing tobacco products or other tobacco products
in the Town of Andover unless their purchase is controlled by an employee
of the establishment. Freestanding displays of cigarettes, chewing
tobacco or other tobacco products from which individual packages or
cartons may be selected by the customer shall not be permitted.
(2)
In conformance with MGL C. 270, § 6, no person shall
sell cigarettes, chewing tobacco, snuff or tobacco products in any
of its forms to any person under the age of 18 years old or, not being
his/her parent or guardian, give cigarettes, snuff or tobacco products
in any of its forms to any person under the age of 18 years.
(3)
In conformance with MGL C. 270, § 7, a copy of MGL
C. 270, § 6 shall be posted conspicuously by the owner or
other person in charge thereof in the shop or other place to sell
cigarettes at retail. The notice to be posted shall be that notice
provided by the Massachusetts Department of Public Health. Such notice
shall be at least 48 square inches and shall be posted at all cash
registers where tobacco products may be purchased. They shall be posted
in such a manner so that it may be readily seen by a person standing
at or approaching the cash register. Such notice shall directly face
the purchaser and shall not be obstructed from view or placed at a
height of not less that four feet or greater than nine feet from the
floor.
(4)
Store owners, managers or other persons in charge where cigarettes,
chewing tobacco and other tobacco products are sold shall conspicuously
post and maintain signs that proof of age is required to purchase
cigarettes or tobacco products. At a minimum signs shall be posted
at every cash register. The following sign, provided by the Andover
Board of Health, shall be posted at each register "It is against State
and local law to sell tobacco to minors. Report violations to the
Board of Health at 623-8295."
[Amended 4-24-2001 ATM, Art. 25]
(5)
All employees selling cigarettes, chewing tobacco or other tobacco
products in any form will positively establish the purchaser's age
as 18 years or older, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18. No employee
shall sell cigarettes or other tobacco products to a person under
18 years of age who has a note from an adult requesting such sale.
(6)
No person, firm, corporation, establishment or agency selling
cigarettes, chewing tobacco or other tobacco products in any of its
forms in the Town of Andover shall allow anyone to sell tobacco products
until the employee has read the by-law and the state laws pertaining
to the sale of tobacco products and has signed an affidavit, supplied
by the Board of Health to be kept on file at the establishment. The
employee's signature will verify that all the applicable state and
local regulations have been read and understood. This file must be
retained for the length of each individual's employment and must be
made available for inspection upon request by the Board of Health
or its agent(s).
(7)
Sale or distribution of tobacco products in any form other than
an original factory-wrapped package is prohibited.
(8)
A license from the Andover Board of Health shall be required
to sell at retail all tobacco products within the Town of Andover.
Agents for the Andover Board of Health shall have the authority to
enforce any licensing requirements in accordance with MGL c. 40, § 21D,
the Administrative Penalties Act. The fee for such license shall not
exceed $100 per calendar year.
[Added 4-24-2001 ATM, Art. 25]
5.
Tobacco vending machines.
[Amended 4-24-2001 ATM, Art. 25]
(1)
No person, firm, corporation, establishment or agency shall
install or maintain a vending machine to distribute or sell tobacco
products within the Town of Andover.
7.
Penalties/enforcement.
(1)
Any person who violates any section of this by-law may be subject
to the following fines and penalties:
[Amended 4-24-2001 ATM, Art. 25]
(a)
One-hundred-dollar fine for first offense.
(b)
Two-hundred-dollar fine and suspension of retail tobacco product
license for seven consecutive days for second offense within one year
of first offense.
(c)
Three-hundred-dollar fine and suspension of retail tobacco product
license for 30 consecutive days for third offense within one year
of first offense.
(2)
The fines listed in Subsection 7(1) may be enforced as provided
for in M.G.L. c. 40, § 21D (noncriminal disposition). Notwithstanding
any decision made by a state court acting pursuant to M.G.L. c. 40,
§ 21D, the Board of Health may, after conducting its own
hearing, impose the suspensions listed in Subsection 7(1). The designated
enforcement officer of this by-law shall be the agents of the Board
of Health.
[Amended 4-28-2003 ATM, Art. 38]
(3)
In addition to the remedies provided by Subsection 7(1) and
(2), the Board of Health may apply for injunctive relief to enforce
the provisions of this by-law in any court of competent jurisdiction.
(4)
Any person aggrieved by the willful failure or refusal to comply
with restrictions in any municipal building may complain, in writing,
to the Board of Health. The Board of Health or its agent shall respond,
in writing, within 20 working days to the complainant citing the results
of its investigation into the complaint and any action taken to enforce
the provisions of this bylaw.
(5)
Compliance monitoring of this by-law and its requirements may
be enforced through periodic inspections or other legal means.
[Added 4-12-1995 ATM, Art. 70]
1.
Title. This by-law shall be known and may be cited as the "Ballardvale
Historic District Bylaw" and is adopted pursuant to Chapter 40C of
the General Laws of the Commonwealth of Massachusetts, as amended.
2.
Purpose. The purpose of this by-law is to promote the educational,
cultural, economic and general welfare of the public through the preservation
and protection of distinctive historical buildings and places in the
Ballardvale area of the Town of Andover through the maintenance and
improvement of such buildings and places and the encouragement of
appropriate and compatible design in this area.
3.
Historic district. There is hereby established under the provision
of Chapter 40C of the General Laws an historic district to be known
as the "Ballardvale Historic District," which District shall be bounded
as shown on the map, entitled "Ballardvale Historic District, 1994,"
attached to and made part of this bylaw.[1]
[1]
Editor's Note: Said map is on file in the Town offices.
4.
ALTERED
BUILDING
COMMISSION
CONSTRUCTED
DAYS
DISTRICT
EXTERIOR ARCHITECTURAL FEATURE
PERSONS AGGRIEVED
STRUCTURE
TOWN
Definitions.
Includes the words "rebuilt," "reconstructed," "restored,"
"removed" and "demolished" and the phrase "changed in exterior color."
A combination of materials forming a shelter for persons,
animals or property.
The Ballardvale Historic District Commission.
Includes the words "built," "erected," "installed," "enlarged"
and "moved."
For the purposes of this bylaw, "days" shall mean calendar
days.
Ballardvale Historic District.
A portion of the exterior of a building or structure as is
open to view from a public street, public way, public park or public
body of water, including but not limited to the architectural style
and general arrangements and setting thereof, the kind of color and
texture of exterior building materials, the color of paint or other
materials applied to exterior surfaces and the type and style of windows,
doors, lights, signs and other appurtenant exterior fixtures.
The applicant, an owner of adjoining property, an owner of
property within the same historic district as property within 100
feet of said property lines and any charitable corporation in which
one of its purposes is the preservation of historic structures or
districts.
A combination of materials other than a building, including
a sign, fence, wall, terrace, walk or driveway.
The Town of Andover.
5.
Ballardvale Historic District Commission.
A.
There is hereby established under Chapter 40C of the General Laws
an Historic District Commission consisting of seven members and two
alternate members, all residents of the Town of Andover appointed
by the Town Manager and approved by the Select Board, including one
member, where possible, from two nominees submitted by the Andover
Historical Commission; one member, where possible, from two nominees
submitted by the Andover Historical Society; one member, where possible,
from two nominees submitted by the Greater Lawrence Board of Realtors;
one member, where possible, from two nominees submitted by the Massachusetts
State Chapter of the American Institute of Architects; one member,
where possible, from two nominees submitted by the Andover Planning
Board; one member, where possible, from two nominees submitted by
the Ballardvale business community; and one member who is both a resident
and owner of property in the Ballardvale Historic District. Where
possible, all members shall be both residents and owners of property
in the District.
B.
The Town Manager and the Select Board shall submit written requests
for nominations to the organizations named herein. If no nomination
has been made within 30 days of submitting a request, the Town Manager
and the Select Board may proceed without waiting for the requested
nomination.
C.
When the Commission is first established, three members shall be
appointed for three-year terms, and two members and one alternate
member shall be appointed for two-year terms, and two members and
one alternate member shall be appointed for one-year terms. Successors
shall be appointed for terms of three years. Vacancies shall be filled
within 60 days by the Town Manager by appointment with approval by
the Select Board for the unexpired term.
D.
In the case of absence, inability to act or unwillingness to act
because of self-interest by a member, the Chairperson may designate
an alternate member of the Commission to act for a specified time.
If any member is absent from three consecutive Commission meetings,
the Chairperson may appoint an alternate member as a replacement to
serve for the remainder of that member's term, whereupon the Town
Manager shall appoint and the Select Board approve a new alternate
member. Each member and alternate member shall continue in office
until his or her successor is duly appointed. All members and alternate
members shall serve without compensation.
E.
The Commission shall elect annually a Chairperson, a Vice Chairperson
and a Secretary from its own number. Meetings of the Commission shall
be held only if attended by a quorum of at least five members, including
alternate members designated to act as members. If the Chairperson
is absent from a meeting, the Vice Chairperson shall act as Chairperson.
Decisions of the Commission at a meeting require a majority vote of
the members, including designated alternates, who are present at the
meeting.
6.
Powers and duties of the Commission.
A.
The Commission shall have all of the powers and duties of historic
district commissions as provided by Chapter 40C of the General Laws,
and by subsequent amendments thereto, unless specifically limited
by this bylaw. The Commission may adopt rules and regulations not
inconsistent with the provisions of Chapter 40C. The Commission may,
subject to appropriation, employ clerical and technical assistants
or consultants and incur other expenses appropriate to the carrying
on of its work and may accept money gifts and expend the same for
such purposes when reviewed by Town Counsel and approved by the Select
Board. The Commission may administer on behalf of the Town any properties
or easements, restrictions or other interests in real property which
the Town may have or may accept as gifts or otherwise and which the
Town may designate the Commission as the administrator thereof.
B.
The Commission shall have jurisdiction over the review of new construction,
reconstruction, alterations, relocation and demolition of all exterior
architectural features of buildings and structures within the Ballardvale
Historic District, except as limited by this bylaw.
C.
In passing upon matters before it, the Commission shall consider,
among other things, the historical and architectural value and significance
of the site, building or structure, the general design arrangement
of the features involved and the relation of such features to similar
features of buildings and structures in the surrounding area. In the
case of new construction or additions to existing buildings or structures,
the Commission shall consider the appropriateness of the size and
shape of the building or structure, both in relation to the land area
upon which the building or structure is situated and to buildings
and structures in the vicinity, and the Commission may, in appropriate
cases, impose dimensional and setback requirements in addition to
those required by any applicable Town bylaw.
7.
Limitations and exemptions.
A.
The Commission shall not act to prevent or unnecessarily delay new
construction, reconstruction or alterations except for the purpose
of preventing developments incongruous to historical considerations
and architectural features of value, viewed in relation to the surrounding
area.
B.
The following are exempt from review or control by the Commission:
1.
Ordinary maintenance and repair, as defined by the Commonwealth of
Massachusetts State Building Code 780 CMR.
2.
Landscaping with plants, trees or shrubs.
3.
Terraces, walks, sidewalks, driveways and other similar structures, provided that the structure is at grade level. However, parking lots or parking areas require Commission review and must be in compliance with the provisions of Article VIII, Section 5.0, Subsection 5.1, of the Town of Andover Zoning Bylaw.
[Amended 4-28-2003 ATM, Art. 35]
4.
Storm doors and windows, screens, window air conditioners, residential
light fixtures and conventional antennas no larger than six feet in
any dimension. However, dish antennas and solar collectors require
Commission review.
5.
The color of paint.
6.
The colors of materials used on roofs.
7.
Temporary signs or structures to be in use for not more than 90 days. However, temporary signs shall further comply with the requirements of Article VIII, Section 5.0, Subsection 5.2, Paragraph 5.2.6, of the Town of Andover Zoning Bylaw, as amended from time to time. Temporary structures shall further comply with the Commonwealth of Massachusetts State Building Code 780 CMR.
[Amended 4-28-2003 ATM, Art. 35]
8.
Signs used for residential occupation or professional purposes, of not more than two square feet in area, provided that a) no more than one sign is displayed on or near any one building or structure; b) the sign consists of lettering painted on wood without a symbol or trademark; and c) all signs must comply with all applicable requirements of Article VIII, Section 5.0, Subsection 5.2, of the Town of Andover Zoning Bylaw. In addition, signs for commercial and institutional purposes require Commission review.
[Amended 4-28-2003 ATM, Art. 35]
9.
Reconstruction substantially similar in exterior design of a building,
structure or exterior architectural feature damaged or destroyed by
fire, storm or other calamity, provided that such reconstruction is
begun within one year thereafter and is carried forward with due diligence.
Reconstruction must also meet all applicable requirements of the Town
of Andover Zoning Bylaw and the Commonwealth of Massachusetts State
Building Code, 780 CMR.
[Amended 4-28-2003 ATM, Art. 35]
8.
Procedures.
A.
Except as this by-law provides in Section 7, no building or structure
within the Historic District shall be constructed or altered in any
way that affects exterior architectural features unless the Commission
shall first have issued a certificate of appropriateness, a certificate
of nonapplicability or a certificate of hardship with respect to such
construction or alteration. In addition, the demolition of any building
or structure must comply with the requirements of Article XII, Section
33, of the General Bylaws of the Town of Andover. In the event of
any conflict with the provisions of Article XII, Section 33, of the
General Bylaws, this by-law shall prevail.
B.
Applications for certificates shall be made with the Inspector of
Buildings. Copies of applications shall be forwarded to the Historic
District Commission. Applications shall be in a form specified by
the Commission that adequately describes the proposed work. This may
include plans and elevations, drawn to scale, detailed enough to show
the architectural design of the structure and its relation to the
existing building. Plot and site plans should be filed when an application
is made for improvements involving applicable landscape features such
as walls and fences. In the case of demolition or removal, the Inspector
of Buildings shall forward one copy of the demolition permit application
to the Commission.
C.
Within 14 days of the filing of an application for any certificate,
the Commission shall be required to determine whether the application
involves any exterior architectural features which are within the
jurisdiction of this bylaw.
D.
If the application requires the Commission's review or at the request
of the applicant, the Commission shall hold a public hearing (a hearing
may be waived according to the provisions of Chapter 40C of the General
Laws, as amended). The Commission shall fix a reasonable time for
the hearing on any application. The Inspector of Buildings shall give
public notice of the time, place and purposes thereof at least 14
days before said hearing in such manner as may be determined. A copy
of said notice shall be mailed, postage prepaid, to the applicant,
to the owners of all adjoining property and other property deemed
by the Commission to be materially affected thereby as they appear
on the most recent real estate tax list of the Board of Assessors,
to the Town Planning Board and to such other persons as the Commission
shall deem entitled to notice.
E.
The Commission shall decide upon the determination of any application
within 60 days of its filing or within such further time as the applicant
may choose to allow in writing.
F.
A certificate of appropriateness shall be issued to the applicant
if the Commission determines that the proposed construction or alteration
will be appropriate for or compatible with the preservation or protection
of the Historic District. In the case of a disapproval of an application
for a certificate of appropriateness, the Commission shall place upon
its records the reason for such a determination and shall forthwith
cause a notice of its determinations, accompanied by a copy of the
reasons therefor as set forth in the records of the Commission, to
be issued to the applicant, and the Commission may make recommendations
to the applicant with respect to the appropriateness of the design.
Prior to the issuance of any disapproval, the Commission may notify
the applicant of its proposed action, accompanied by recommendations
of changes in the applicant's proposal, which, if made, would make
the application acceptable to the Commission. If within 14 days of
the receipt of such notice, the applicant files a written modification
of the application in conformity with the recommended changes of the
Commission, the Commission shall issue a certificate of appropriateness
to the applicant.
G.
Only upon request will the Commission issue a certificate of nonapplicability
to any applicant whose application does not require Commission approval.
H.
If an application is deemed inappropriate or if application is made
for a certificate of hardship, the Commission may issue a certificate
of hardship, if conditions especially affecting the building or structure
involved, but not affecting the Historic District generally, would
make failure to approve an application involve a substantial hardship,
financial or otherwise, to the applicant and approval would not involve
substantial detriment to the public welfare. A certificate of hardship
shall also be issued in the event that the Commission does not make
a determination of an application within the time specified in Subsection
8E of this by-law.
I.
Each certificate shall be dated and signed, and the Commission shall
keep a permanent record of its determination and of the vote of each
member participating therein and shall file a copy of notice of certificates
and determinations of disapproval with the Town Clerk and the Inspector
of Buildings.
J.
Any person aggrieved by a determination of the Commission may, within
20 days after filing of the notice of determination with the Town
Clerk, file a written request with the Commission for a review by
a person or persons of competence and experience in such matters,
designated by the Merrimack Valley Planning Commission.
|
The finding of the person or persons making such review shall
be filed in triplicate with the Town Clerk, the Inspector of Buildings
and the Historic District Commission within 45 days after the request
and shall be binding on the applicant and the Commission, unless a
further appeal is sought as provided in Subsection 8K of this by-law.
|
K.
Any person aggrieved by a determination of the Commission or by a
finding by the person or persons making a review may, within 20 days
after filing of the notice of such determination or such finding with
the Town Clerk, appeal to the Superior Court sitting in equity for
Essex County. The Court shall hear all pertinent evidence and shall
annul the determination of the Commission if it finds the decision
of the Commission to be unsupported by the evidence or to exceed the
authority of the Commission or may remand the case for further action
by the Commission or make such other decree as justice and equity
may require. The remedy provided by this section shall be exclusive,
but the parties shall have all rights of appeal and exception as in
other equity cases.
|
Costs shall not be allowed against the Commission unless it
shall appear to the Court that the Commission acted with gross negligence,
in bad faith or with malice in the matter from which the appeal was
taken. Costs shall not be allowed against the party appealing from
such a determination of the Commission unless it shall appear to the
Court that such party acted in bad faith or with malice in making
the appeal to the Court.
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L.
The Superior Court sitting in equity for Essex County shall have
jurisdiction to enforce the provisions of this by-law and the determinations,
rulings and regulations pursuant thereto and may, upon the petition
of the Commission or the Select Board, restrain by injunction violations
thereof; and, without limitation, such Court may order the removal
of any building, structure or exterior architectural feature constructed,
altered or demolished in violation thereof and may issue such other
orders for relief as may be equitable.
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Whoever violates any of the provisions of this by-law shall
be punished by a fine of not more than $100 for each offense. Each
day during any portion of which a violation continues to exist shall
constitute a separate offense.
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9.
The Town of Andover shall be subject to the provisions of this by-law,
notwithstanding any town by-law to the contrary.
10.
This by-law may be amended from time to time by a two-thirds vote
of the Town Meeting, subject to the procedures as set forth in Chapter
40C, Section 3, of the General Laws. The Select Board may set reasonable
fees for the administration of this by-law based on the recommendations
of the Historic District Commission.
11.
In case any section, paragraph or part of this by-law be for any
reason declared invalid or unconstitutional by any court of last resort,
every other section, paragraph or part shall continue in full force
and effect. Except to the extent specifically provided in this by-law,
the definition of terms and the powers and rules of conduct of the
Commission shall be as set forth in Chapter 40C of the General Laws.
12.
Effective date. Following Town Meeting approval, this by-law takes
effect immediately when the following conditions have been met: approval
by the Attorney General of the Commonwealth of Massachusetts; filing
of a map of the boundaries of the Historic District with the Andover
Town Clerk, the Andover Inspector of Buildings and the Registry of
Deeds for Essex County.
[Added 4-12-1995 ATM, Art. 72]
All new chimneys and all chimneys being repaired or replaced
must install at the top of the chimney a cap or screening or some
other similar device to keep animals out of the chimney.
[Added 4-12-1995 ATM, Art. 73]
Whoever is the owner or keeper of a cat in the Town which is
six months of age or older shall cause such cat to be vaccinated against
rabies by a licensed veterinarian using a licensed vaccine according
to the manufacturer's directions and shall cause such cat to be revaccinated
at intervals recommended by the manufacturer.
[Added 4-29-1998 ATM, Art. 81]
(a)
Purpose: The Town has experienced severe problems with persons discharging
stink bombs, smoke bombs and silly string and other aerosol products
in and around the Andover Public Schools and in and around public
ways of the town. School days have been disrupted due to the discharge
of these products in the schools. Stink bombs, smoke bombs, silly
string and other aerosol products are causing a deterioration of the
aesthetics of the community. The public safety, health and welfare
are adversely affected by the discharge of stink bombs, smoke bombs,
silly string and other aerosol products at parades and other public
gatherings. It is the purpose and intent of this by-law to eliminate
the adverse secondary effects caused by these products, with those
secondary effects having been clearly confirmed by reports given by
public school and safety officials, which have been relied upon in
the enactment of this bylaw.
(b)
SILLY STRING
SMOKE BOMB
STINK BOMB
Definitions:
An aerosol device that upon discharge emits a string-like
substance.
A chemical bomb that upon detonation discharges smoke.
A chemical bomb that upon detonation emits a foul odor.
(c)
The sale, distribution and discharge of stink bombs, smoke bombs
and aerosol silly string products within the Town of Andover are prohibited.
(d)
This by-law shall not apply to public safety personnel in the conduct
of their duties.
[Added 4-29-1998 ATM, Art. 90]
I.
Preamble. The intent of this by-law is to establish a system which
fairly and impartially regulates retail transactions of a pawnbroker
or a secondhand dealer for the purpose of:
II.
CUSTOMER
MINOR
PAWNBROKER
SECONDHAND DEALER
Definitions.
Any person who sells, exchanges or otherwise transfers a
secondhand article to a secondhand dealer; or any person who receives
a loan from a pawnbroker secured by personal property or sells personal
property to a pawnbroker with a right to repurchase within a stated
period of time.
Any person under the age of 18 years of age.
Any person, firm, partnership or corporation engaged in the
business of lending money secured by taking possession of jewelry,
wearing apparel, household goods or other personal property, with
the right to sell the personal property if it is not redeemed. A person,
firm, partnership or corporation shall be deemed to be a pawnbroker
whether the transaction takes the form of a loan by the pawnbroker
secured by the property or a sale to the pawnbroker with the rights
to repurchase within a stated period of time.
Any person, firm, partnership or corporation whose business
is the retail buying, selling, buy-back, exchanging, dealing in or
dealing with secondhand articles purchased by the secondhand dealer
or any person so employed at the place of business described on the
license issued by the Select Board as required by § III
of this bylaw, including but not limited to jewelry, watches, diamonds
or other precious stones or gems, gold, silver, platinum or other
precious metals, musical instruments and equipment, cameras, furs,
small collectible antiques, home and auto stereo equipment, compact
discs, cassette tapes, televisions, VCR's, tools, computers and computer
equipment, firearms, auto accessories, sporting equipment and collectibles.
Mail order transactions or retail stores that exchange or provide
cash or credit for returned articles shall not be included within
these definitions.
III.
Licensing procedure.
A.
No person, firm, partnership or corporation shall operate, conduct
or engage in business as a secondhand dealer/pawnbroker unless such
person, firm, partnership or corporation shall first obtain a license
from the Select Board or their designee, i.e. Chief of Police. This
provision shall not apply to loans made upon stock, bonds, notes or
other written evidence of ownership of property or of indebtedness
to the holder or owner of any such securities.
[Amended 4-27-2004 ATM, Art. 51]
B.
Applications for new licenses and renewal licenses for a secondhand
dealer/pawnbroker shall be made in writing to the Town Clerk on forms
provided for this purpose by the Town of Andover. Each application
will be reviewed by the Chief of Police or his designee and approved
by the Select Board. Each issued license and applicable licensing
requirement shall be issued on a location specific basis. No such
license shall be issued to any person, firm or corporation who has
in the last 10 years been convicted of receiving stolen property or
who has repeatedly violated ordinances, bylaws or statutes of this
state or any other state or territory related to the business license
in this state or any state or territory. Refusal of a license shall
be based on just cause.
C.
Upon approval, a license shall be issued and continue in force until
May 1 next following unless sooner revoked. Each license fee shall
be set by the Select Board in accordance with M.G.L. c. 40, § 22F.
Said license may not be assigned or transferred and will be clearly
and prominently displayed.
[Amended 4-28-2003 ATM, Art. 37]
D.
A secondhand dealer may apply for a waiver of the licensing requirements
hereunder. The Select Board or their designee, i.e., Chief of Police,
may grant such waiver if it is determined that the applicant is in
a business which receives its stock-in-trade from charitable donations
or is a business the nature of which is not susceptible to the purchase
and resale of stolen property.
E.
Applications for waivers shall be made in writing to the Police Department
on forms provided for this purpose by the Town of Andover and shall
be renewed on a yearly basis on such terms and conditions as the Town
shall mandate.
IV.
Purchasing from minors.
A.
No secondhand dealer/pawnbroker, nor any person employed by the secondhand
dealer/pawnbroker, shall directly or indirectly purchase any aforementioned
article from anyone under 18 years of age, knowing or having reason
to believe him or her to be such except when said minor is accompanied
by a parent or legal guardian who shall sign the transaction record
in person before said dealer.
V.
Records, inspections, resale, changes, alterations.
A.
Every secondhand dealer/pawnbroker, upon the acquisition of any aforementioned
article, shall prepare transaction records upon forms approved by
the Town of Andover stating the full name, ID number, date of birth,
telephone number and address of the seller, date of the transaction
and full, legible, accurate and detailed description (to include make,
model and serial number) of each article. Dealer shall attach a photocopy
of the identification to the form along with the seller's signature.
A photocopy of the article, if required by the nature or the size
of the item, will also be attached to the form. The prior day's forms
shall be delivered to the Andover Police Department every business
day before the hour of 10:00 a.m., in person or by fax.
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The commanding officer of the Detective Division will designate
an officer of his command who will review each police report received
listing lost/stolen property and also ensure that a report is received
from all junk, precious and/or old metals and secondhand articles,
shopkeepers/dealers for the purpose of identifying any article that
is like or similar to one which has been reported lost or stolen.
Should this situation occur, a "stop order" shall be issued by the
Chief of Police or his designee to the shopkeeper/dealer prohibiting
the resale of the particular article(s) until it can be determined
whether the particular piece(s) is in fact that which has been reported
lost/stolen. If it is determined that the particular article is not
reported lost/stolen, the "stop order" shall be lifted forthwith.
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B.
Jewelry, watches, diamonds or other precious stones or gems, gold,
silver, platinum or other precious metals or items by virtue of their
size shall be photocopied by use of a document copier.
C.
Positive identification in the form of a government photo ID shall
be required of the seller, and the type of identification used shall
be photocopied. This shall not apply with a transaction between secondhand
dealers/pawnbrokers as herein defined.
D.
Said dealer shall retain copies of purchase records in his possession
which, together with any article listed therein, may be inspected
at any time by any duly authorized Andover police officer during regular
business hours while making all reasonable efforts not to disrupt
the normal course of business.
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All transaction records shall be kept by said secondhand dealers/pawnbrokers
for a minimum of seven years.
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No article shall be sold, encumbered by sales contract or otherwise
disposed of or altered in its appearance within 15 days of purchase
unless the secondhand dealer is granted permission in writing from
the Chief of Police or his designee but in any case not within 24
hours of time of purchase. Pawnbrokers shall retain nonperishable
articles for at least four months and perishable articles for one
month.
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Articles deposited in pawn with a licensed pawnbroker shall,
unless redeemed, be retained by him on the premises occupied by him
for his business.
[Added 4-27-2004 ATM, Art. 51] | |
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After the expiration of the applicable period of time, he may
sell the article by public auction, apply the proceeds thereof in
satisfaction of the debt or demand and the expense of the notice and
sale, and pay any surplus to the person entitled thereto on demand.
[Added 4-27-2004 ATM, Art. 51] | |
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No such sale of any article which is not of a perishable nature
shall be made unless not less than 10 days prior to the sale a written
notice of the intended sale shall have been sent by registered mail
to the person entitled to payment of any surplus as aforesaid, addressed
to his residence, as appearing in the records of such pawnbrokers.
Proof of registered mail shall be kept on file for one year after
the date of sale.
[Added 4-27-2004 ATM, Art. 51] | |
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No article taken in pawn by such pawnbroker shall be disposed
of otherwise than as above provided, any agreement or contract between
the parties thereto to the contrary notwithstanding.
[Added 4-27-2004 ATM, Art. 51] | |
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Articles of personal apparel shall not be deemed to be of perishable
nature within the meaning of this section.
[Added 4-27-2004 ATM, Art. 51] |
E.
No pawnbroker shall loan money secured by a deposit or pledge of
firearm, rifle, shotgun or machine gun. No pawnbroker shall hold a
license to sell, rent, or lease a firearm, rifles, shotguns, or machine
guns.
[Added 4-27-2004 ATM, Art. 51]
VI.
Removal of articles by police officers.
A.
If the Andover Police Department determines that an article is needed
for evidence in a criminal investigation, the Police Department shall
seize that evidence pursuant to applicable criminal procedures. The
secondhand dealer/pawnbroker shall be issued a receipt for the article.
B.
The Andover Police Department shall keep seized articles under the
court's direction as long as necessary to permit the article to be
used as evidence. At the conclusion of all court proceedings or closure
of the police investigation, the Police Department shall notify the
original owner, the secondhand dealer/pawnbroker and any person who
may have a lawful interest that the property will be released in 30
calender days to the original owner if no other claim is placed on
the property.
VII.
Penalties.
A.
Any violation of this chapter shall be punishable by a fine not exceeding
$200 per day.
B.
The Chief of Police may suspend or revoke said license for just cause.
Said action will be stayed if an appeal is filed.
C.
Any suspension or license revocation by the Chief of Police may be
appealed by the licensee to the Select Board. That appeal must be
made within 10 business days from the date of action by the Chief
of Police.
VIII.
Charges.
[Added 4-27-2004, Art. 51]
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Licensed pawnbrokers may charge the following rates of interest:
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(a)
For loans up to and including $25, 5% a month (and each fraction
thereof at the same rate).
(b)
For loans over $25, 3% a month (and each fraction thereof at
the same rate)
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No such pawnbrokers shall charge or receive any greater rate
of interest and interest shall be determined on the precise sum advanced
by the lender.
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No pawnbroker shall make or receive any extra charge or fee
for storage, care or safekeeping of any goods, articles or thing pawned
with him.
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[Added 4-24-2001 ATM, Art. 27]
The Town of Andover is authorized, pursuant to Massachusetts
General Laws, Chapter 59, Section 59A, as amended, to enter into agreements
regarding payment or abatements of real estate taxes, and/or interest,
and/or penalties relative to sites or portions of sites within the
Town of Andover, from or at which there has been a release of oil
or hazardous materials. The following are necessary conditions and
components of any such agreement:
(a)
The site or a portion thereof must be one from, or at which, there
has been a contaminated release of oil or hazardous material.
(b)
The site or a potion thereof is zoned for commercial or industrial
uses.
(c)
The agreement must be for the purpose of environmental cleanup and
redevelopment of such site, and shall require submission of any plans
to address such.
(d)
The agreement must provide:
(i)
The principal amount due of outstanding taxes, interest and
penalties, before abatement of any amount thereof;
(ii)
The amount of taxes, interest and penalties to be abated, if
any;
(iii)
The net amount of taxes, interest and penalties due after abatement;
(iv)
The percent of interest to accrue, if determined applicable;
(v)
The inception date of payment;
(vi)
The date of final payment; and
(vii)
Late penalties and other terms of repayment.
(e)
Agreements can only be made with an eligible owner as defined under
MGL c. 21E, § 2. Eligible owners are new, innocent purchasers
who did not own the site at the time the oil or hazardous material
was released and did not cause or contribute to its release.
(f)
Such agreements shall be negotiated by the Town Manager (with the
assistance of the Manager's various departmental staff members), the
Town Treasurer and the Board of Assessors.
(g)
Such agreements shall be subject to the approval vote of the Select
Board.
(h)
Such agreements, as required by said MGL c. 59, § 59A,
shall be signed by the eligible property owner and the Chair of the
Select Board.
(i)
Such agreements shall be notarized and attested to by the Town Clerk.
(j)
Such agreements shall contain any other provisions as may be required
by law, ordinance or regulation of the Department of Revenue.
(k)
In the event any such agreement reduces the tax to be paid, abatements
must be processed and charged to the overlays for the fiscal years
of the taxes abated.
(l)
Copies of the executive agreement shall be provided to the eligible
property owner, the Select Board, and the following state and federal
agencies: Massachusetts Department of Revenue (Property Tax Bureau),
Massachusetts Department of Environmental Protection and United States
Environmental Protection Agency.
[Added 4-23-2007 ATM, Art. 34]
1.
Establishment.
A.
There is hereby established a Community Preservation Committee, consisting
of nine voting members pursuant to Massachusetts General Laws, Chapter
44B. The composition of the Committee, the appointment authority and
the term of office for the Committee members shall be as follows:
(1)
One member of the Conservation Commission as designated by the
Commission for a term of three years.
(2)
One member of the Preservation Commission as designated by the
Commission for a term of three years.
(3)
One member of the Planning Board as designated by the Board
for a term of three years. One member to be appointed by the Town
Manager, subject to the confirmation by the Select Board, representing
the interest of parks and recreation for a term of one year and thereafter
a term of three years.
(4)
One member of the Andover Housing Partnership Committee as designated
by the Committee for an initial term of one year and thereafter for
a term of three years.
(5)
One member of the Housing Authority as designated by the Authority
for an initial term of two years and thereafter for a term of three
years.
(6)
Three members to be appointed by the Town Manager, subject to
the confirmation by the Select Board, one member to be appointed for
a term of one year and thereafter for a term of three years and two
members to be appointed for a term of two years and thereafter for
a term of three years.
B.
Should any of the commissions, boards or committees who have appointment
authority under this chapter be no longer in existence for whatever
reason, the appointment authority for that commission, board or committee
shall become the responsibility of the Town Manager subject to the
confirmation of the Select Board.
2.
Duties.
(1)
The Community Preservation Committee shall study the needs,
possibilities and resources of the Town regarding community preservation.
The Committee shall consult with existing municipal boards, including
the Conservation Commission, the Preservation Commission, the Planning
Board, the Andover Housing Partnership Committee and Housing Authority
or persons acting in those capacities or performing like duties, in
conducting such studies. As part of its study, the Committee shall
hold one or more public informational hearings on the needs, possibilities
and resources of the Town regarding Community Preservation possibilities
and resources, notice of which shall be posted publicly and published
for each of two weeks preceding a hearing in a newspaper of general
circulation in the Town.
(2)
The Community Preservation Committee shall make recommendations
to the Town Meeting for the acquisition, creation and preservation
of open space, for the acquisition and preservation of historic resources,
for the acquisition, creation and preservation of land for recreational
use, for the creation, preservation and support of community housing
and for rehabilitation or restoration of such open space, historic
resources, land for recreational use and community housing that is
acquired or created as provided in this section. With respect to community
housing, the Community Preservation Committee shall recommend, wherever
possible, the reuse of existing buildings or construction of new buildings
on previously developed sites.
(3)
The Community Preservation Committee may include in its recommendation
to the Town Meeting a recommendation to set aside for later spending
funds for specific purposes that are consistent with community preservation
but for which sufficient revenues are not then available in the Community
Preservation Fund to accomplish that specific purpose or to set aside
for later spending funds for general purposes that are consistent
with community preservation.
3.
Requirement for a quorum and cost estimates. The Community Preservation
Committee shall not meet or conduct business without the presence
of a quorum. A majority of the members of the Community Preservation
Committee shall constitute a quorum. The Community Preservation Committee
shall approve its action by majority vote. Recommendations to the
Town Meeting shall include their anticipated costs.
4.
Amendments. This chapter may be amended from time to time by a majority
vote of the Town Meeting, provided that the amendments would not cause
a conflict to occur with Massachusetts General Laws, Chapter 44B.
5.
Severability. In case any section, paragraph or part of this chapter
be for any reason declared invalid or unconstitutional by any court
of last resort, every other section, paragraph or part shall continue
in full force and effect.
6.
Effective date. Each appointing authority shall have 45 days after
approval by the Attorney General to make their initial appointments.
[Added 4-23-2007 ATM, Art. 50]
1.
Name of the Trust. The trust shall be called the "Town of Andover
Affordable Housing Trust Fund."
2.
Purpose. The purpose of the Trust shall be to provide for the preservation
and creation of affordable housing in the Town of Andover for the
benefit of low and moderate income households. In furtherance of this
purpose, the Trustees are hereby authorized, in accordance with the
procedures set forth herein, to acquire by gift, purchase or otherwise
real property, personal property, or money, both tangible and intangible,
of every sort and description; to use such property, both real and
personal, and money in such manner as the Trustees shall deem most
appropriate to carry out such purpose; provided, however, that all
property and money held by the Trust and the net earnings thereof
shall be used exclusively for the preservation and creation in the
Town of Andover of affordable housing for the purposes for which this
Trust was formed.
3.
Tenure of Trustees. There shall be a Board of Trustees consisting
of not less than five nor more than seven Trustees who shall be appointed
by the Select Board. One of the Trustees shall be the Town Manager.
Only persons who are residents of the Town of Andover shall be eligible
to hold the office of Trustee. Trustees shall serve for a term of
two years, except that two of the initial trustee appointments shall
be for a term of one year, and may be re-appointed at the discretion
of the Select Board. Any Trustee who ceases to be a resident of the
Town of Andover shall cease to be a Trustee hereunder and shall promptly
provide a written notification of the change in residence to the Board
and to the Town Clerk. Any Trustee may resign by written instrument,
signed and acknowledged by such Trustee and duly filed with the Town
Clerk. If a Trustee shall die, resign, or for any other reason cease
to be a Trustee hereunder before his/her term of office expires, a
successor shall be appointed by the Select Board to fill such vacancy
provided that in each case the said appointment and acceptance in
writing by the Trustee so appointed is filed with the Town Clerk.
No such appointment shall be required so long as there are five Trustees
in office. Upon the appointment of any succeeding Trustee and the
filing of such appointment the title to the Trust estate shall thereupon
and without the necessity of any conveyance be vested in such succeeding
Trustee jointly with the remaining Trustees. Reference to the Trustee
shall mean the Trustee or Trustees for the time being hereunder.
4.
Meetings of the Trust. The Trust shall meet at least quarterly at
such time and at such place as the Trustees shall determine. Notice
of all meetings of the Trust shall be given in accordance with the
provisions of the Open Meeting Law, G.L. Chapter 39, Sections 23A,
23B and 23C. A quorum at any meeting shall be a majority of the Trustees
qualified and present in person.
5.
Powers of Trustees. The Board of Trustees shall have the following
powers which shall be carried out in accordance with and in furtherance
of the provisions of G.L. Chapter 44, Section 55C:
(1)
With the approval of the Select Board, to accept and receive
real property, personal property or money, by gift, grant, contribution,
devise, or transfer from any person, firm, corporation or other public
or private entity, including but not limited to money, grants of funds
or other property tendered to the trust in connection with any ordinance
or by-law or any general or special law, or any other source, including
money from G.L. Chapter 44B;
(2)
With the approval of the Select Board, to purchase and retain
real or personal property, including without restriction investments
that yield a high rate of income or no income;
(3)
With the approval of the Select Board and Town Meeting, to sell,
lease, exchange, transfer or convey any real property at public auction
or by private contract for such consideration and on such terms as
to credit or otherwise, and to make such contracts and enter into
such undertakings relative to trust real property as the Trustees
deem advisable notwithstanding the length of any such lease or contract;
(4)
With the approval of the Select Board, to sell, lease, exchange,
transfer, or convey any personal property at public auction or by
private contract for such consideration and on such terms as to credit
or otherwise, and to make such contracts and enter into such undertakings
relative to trust personal property notwithstanding the length of
any such lease or contract;
(5)
To execute, acknowledge and deliver deeds, assignments, transfers,
pledges, leases, covenants, contracts, promissory notes, releases
and other instruments sealed or unsealed, necessary, proper or incident
to any transaction in which the Board engages for the accomplishment
of the purposes of the trust;
(6)
To employ advisors and agents, such as accountants, appraisers
and lawyers as the Trustees deem necessary;
(7)
To pay reasonable compensation and expenses to all advisors
and agents and to apportion such compensation between income and principal
as the trustees deem advisable;
(8)
To apportion receipts and charges between income and principal
as the Trustees deem advisable, to amortize premiums and establish
sinking funds for such purpose, and to create reserves for depreciation
depletion or otherwise;
(9)
With the approval of the Select Board, to participate in any
reorganization, recapitalization, merger or similar transactions;
and to give proxies or powers of attorney with or without power of
substitution, to vote any securities or certificates of interest,
and to consent to any contract, lease, mortgage, purchase or sale
of property, by or between any corporation and any other corporation
or person;
(10)
With the approval of the Select Board, to deposit any security
with any protective reorganization committee, and to delegate to such
committee such powers and authority with relation thereto as the trustees
may deem proper and to pay, out of trust property, such portion of
expenses and compensation of such committee as the board, with the
approval of the Select Board, may deem necessary and appropriate;
(11)
To carry property for accounting purposes other than acquisition
date values;
(12)
With the approval the Select Board and the approval of Town
Meeting by a two-thirds majority vote, to incur debt, to borrow money
on such terms and conditions and from such sources as the Trustees
deem advisable, and to mortgage and pledge trust assets as collateral;
(13)
With the approval of the Select Board, to disburse trust funds
for the purpose of making loans or grants in furtherance of the creation
or preservation of affordable housing in Andover upon such terms as
the Trustees shall deem most appropriate to carry out such purposes;
(14)
To make distributions or divisions of principal in kind;
(15)
To comprise, attribute, defend, enforce, release, settle or
otherwise adjust claims in favor or against the trust, including claims
for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject
to the provisions of G.L. Chapter 44, Section 55C, to continue to
hold the same for such period of time as the Board may deem appropriate;
(16)
To manage or improve real property and, with the approval of
the Select Board and Town Meeting, to abandon any property which the
Trustees determine not to be worth retaining;
(17)
To invest the funds of the trust, and to hold all or part of
the trust property uninvested for such purposes and for such time
as the trustees may deem appropriate; and
(18)
To extend the time for payment of any obligation to the trust.
6.
Funds Paid to the Trust. Notwithstanding any general or special law
to the contrary, all moneys paid to the trust in accordance with any
zoning by-law, exaction fee, or private contribution shall be paid
directly into the trust and need not be appropriated or accepted and
approved into the trust. General revenues appropriated into the trust
become trust property and these funds need not be further appropriated
to be expended. All moneys remaining in the trust at the end of any
fiscal year, whether or not expended by the board within one year
of the date they were appropriated into the trust, remain trust property.
7.
Acts of Trustees. A majority of Trustees may exercise any or all
of the powers of the Trustees hereunder and may execute on behalf
of the Trustees any and all instruments with the same effect as though
executed by all the Trustees. No Trustee shall be required to give
bond. No license of court shall be required to confirm the validity
of any transaction entered into by the Trustees with respect to the
Trust Estate.
8.
Liability. Neither the Trustees nor any agent or officer of the Trust
shall have the authority to bind the Town, except in the manner specifically
authorized herein. The Trust is public employer and the Trustees are
public employees for the purposes of G.L. Chapter 258. The Trust shall
be deemed a municipal agency and the Trustees special municipal employees
for the purposes of G.L. Chapter 268A.
9.
Taxes. The Trust is exempt from G.L. Chapter 59 and 62, and from
any other provisions concerning payment of taxes based upon or measured
by property or income imposed by the Commonwealth or any subdivision
thereto.
10.
Custodian of Funds. The Town Treasurer shall be the custodian of
the funds of the Trust. The books and records of the Trust shall be
audited annually by an independent auditor in accordance with accepted
accounting practices for municipalities.
11.
Governmental Body. The Trust is a governmental body for purposes
of Sections 23A, 23B and 23C of G.L. Chapter 39.
12.
Board of the Town. The Trust is a board of the Town for purposes
of G.L. Chapter 30B and Section 15A of G.L. Chapter 40, but agreements
and conveyances between the trust and agencies, boards, commissions,
authorities, departments and public instrumentalities of the town
shall be exempt from said Chapter 30B.
13.
Duration of the Trust. This Trust shall be of indefinite duration,
until terminated in accordance with applicable law. Upon termination
of the Trust, subject to the payment of or making provisions for the
payment of all obligations and liabilities of the Trust and the Trustees,
the net assets of the Trust shall be transferred to the Town and held
by the Select Board for affordable housing purposes. In making any
such distribution, the Trustees may, subject to the approval of the
Select Board, sell all or any portion of the Trust property and distribute
the net proceeds thereof or they may distribute any of the assets
in kind. The powers of the Trustees shall continue until the affairs
of the Trust are concluded.
14.
Execution of Documents. The Select Board may authorize the Trustees
to execute, deliver, and record with the Registry of Deeds any documents
required for any conveyance authorized hereunder, or to carry out
the purposes and powers of the Trust.
15.
Titles. The title to the various Articles herein are for convenience
only and are not to be considered part of said Articles nor shall
they affect the meaning or the language of any such Article.
[1]
Editor's Note: Former § 44, Banners in the General
Business District, added 4-30-2008 ATM by Art. 54, as amended 4-27-2011
ATM by Art. 41 and 5-13-2014 ATM by Art. 54, was repealed 9-12-2020 ATM by Art. 35.
[Added 4-30-2008 ATM, Art. 55]
1.
Purpose. The purpose of this bylaw is to promote the public safety,
aesthetics, and welfare through the regulation of items on Town sidewalks
on or near Main Street so as to:
a.
Provide for pedestrian safety and convenience;
b.
Ensure no unreasonable interference with the flow of pedestrian traffic;
c.
Provide reasonable access for emergency equipment;
d.
Provide for snow removal and snow storage;
e.
Reduce exposure of the Town of Andover to personal injury or property
damage claims.
2.
FLOWER POT OR PLANTER
NEWS BOX
NEWS BOX DISTRIBUTION LOCATION
OWNER
URN
WINDOW BOX
Definitions.
A decorative object used to hold flowers or plants.
[Added 10-7-2009 STM, Art. 2]
Any freestanding type of self-service device for the vending
or free distribution of newspapers, periodicals or printed material.
Reserved portion of Town land or sidewalks along or near
Main Street allowing news boxes to remain free of charge.
The owner of a news box or other item placed upon the Town's
sidewalks.
A pedestal vase typically larger than 20 inches high and
used for flowers or plants.
[Added 10-7-2009 STM, Art. 2]
A usually long, narrow box for growing plants, placed on
a windowsill or ledge.
[Added 10-7-2009 STM, Art. 2]
3.
Requirements.
a.
No permission granted by the Select Board pursuant to Article XI,
Section 3(b), of the Town's bylaws shall allow any item to be placed,
affixed, erected or maintained on a Town sidewalk on Main Street between
Locke Street and Lewis Street between the hours of 11:00 p.m. and
6:00 a.m. or on a Town sidewalk within 50 feet of Main Street's sidewalk
between Locke Street and Lewis Street between the hours of 11:00 p.m.
and 6:00 a.m.
b.
Notwithstanding the foregoing subparagraph or the provisions of Article
XI, Sections 3(a) and 3(b) of the Town's Bylaws the following are
allowed as indicated:
[Amended 10-7-2009 STM, Art. 2]
i.
News boxes are allowed on a Town sidewalk on Main Street between
Locke Street and Lewis Street or on a Town sidewalk within 50 feet
of Main Street's sidewalk between Locke Street and Lewis Street, free
of charge, at all times and without a permit, but only at the news
box distribution locations.
(1)
There will be a minimum of three news box distribution locations
along Main Street between Locke Street and Lewis Street. The Select
Board shall designate the area and design of the news box distribution
locations.
(2)
A publication may be in only one news box at each distribution
location but may be in more than one news box distribution location.
Use of the news box distribution location will require the owner to
register, at no charge, with the Director of the Department of Public
Works no later than 14 days after the placement of the news box in
order to provide identification and contact information. News boxes
may not be attached to the public sidewalk. All news boxes must weigh
enough to ensure security and stability. The owner is responsible
for the installation, safety and maintenance of its news boxes. The
Town is not liable for the theft of, or damage to, the news boxes
or their content.
(3)
There will also be a limited number of spaces available, free
of charge, in Town-owned news boxes on a first-come, first-served
basis for publishers of newspapers, periodicals or printed material
who choose not to provide their own news boxes.
(4)
In addition, publishers of newspapers, periodicals or printed
material have the option to participate in an agreement between the
publisher and the Town in creating custom news boxes along Main Street.
ii.
Privately owned flower pots, urns or any other decorative item
may be allowed at locations and times specifically approved by the
Select Board on a Town sidewalk.
(1)
The Select Board may grant permission by means of a written
license to a business or person to occupy a public sidewalk or way
in downtown Andover for a limited time for the decoration of a doorway
or storefront with an object(s) such as a flower pot, urn, planter,
and window box. Window boxes that do not touch the ground and protrude
less than one foot are exempt from this policy so long as there is
at least four feet from the edge of the window box to the edge of
sidewalk.
(2)
Prior to seeking a license from the Select Board, a business
or person intending to occupy any sidewalk or way at the storefront
of a building, shall provide an image showing the object and a plan
demonstrating that a travel area between the object and the edge of
sidewalk is at least four feet and is free and clear of any other
obstructions to the Building Division and the Design Review Board.
The Building Division and the Design Review Board may provide a verbal
or written recommendation to the Select Board.
(3)
After due consideration, a written license may be provided by
the Select Board to the business owner or person and shall include
the length of occupancy or time limit, the location of the object,
the size of the object, and a picture, drawing or photo of the object.
(4)
All window boxes, flower pots, urns or other decorative item
must be kept clean, maintained, and free of litter.
(5)
All items must weigh enough to ensure security and stability
so as to no fall over or blow away. The owner is responsible for the
installation, safety and maintenance of the item. The Town is not
liable for theft of or damage to an item or its content.
(6)
The business must provide insurance naming the Town as additional
insured and written indemnification to hold the Town harmless from
all claims for loss or damage arising from such occupancy or obstruction.
iii.
Outdoor dining furniture as approved in accordance with Article
XI, § 9, Outdoor Dining.
c.
All news boxes at news box distribution locations which do not have
printed material contained therein for a period of 45 consecutive
days, and unregistered news boxes, will be considered abandoned property
and subject to enforcement as specified in Section 4.
4.
Enforcement.
a.
Enforcement of the provisions of this bylaw shall be carried out
by the Director of the Department of Public Works or such person as
said Director may from time to time designate.
b.
If the Director determines that a violation of any provision of this
by-law has occurred, the Director shall, if ownership of the item
or news box can be determined, send a notice of the violation, in
writing, by first-class mail to the owner. The notice shall include
the location of the item or news box and cause of the violation.
c.
The notice shall inform the owner that at the expiration of 30 days
from the issuance of the violation notice, the item or news box will
be removed by the Director unless the violation is corrected.
d.
Notwithstanding the provisions of the foregoing Subparagraphs 4(a)
— 4(c), the Director may order the immediate removal of any
item or news box that the Director determines presents an imminent
threat or peril to public safety, provided that the owner, if known,
shall be notified of such removal as soon as practicable thereafter.
e.
Any item or news box which is removed shall be stored for a period
of 90 days in order to allow the owner time to come forward and claim
the item or news box.
f.
Any item or news box removed, pursuant to this bylaw, may be retrieved
by the owner upon payment of a removal and storage fee. Such fees
shall be set by the Select Board at a public meeting based upon the
Department of Public Works costs for removal and storage.
g.
After an item or news box removed by the Director has been in storage
for 90 days pursuant to this bylaw, the item or news box shall be
deemed unclaimed and abandoned property and will be transferred to
the Police Department for disposition in accordance with applicable
law.
h.
The Select Board may revoke a license issued under Subsection 3.b.ii
of this bylaw if a violation of the license terms has occurred.
5.
Exemption. The Town, state and federal governments are exempted from
this bylaw.
6.
Severability. The provisions of this bylaw shall be severable, and
if any section, part, or portion hereof shall be held invalid for
any reason by any court, the decision of such court shall not affect
or impair any remaining section, part or portion thereof.
[Added 5-26-2009 ATM, Art. 52]
In accordance with the provisions of Massachusetts General Laws
Chapter 40, § 6N, the Town may make temporary repairs on
private ways under the following conditions:
1.
The type and extent of the repairs authorized by this bylaw shall
be any and all repairs, including drainage work, necessary for safe
and convenient travel by the public, up to and including work that
would be required to make the private way suitable to be accepted
as a public way.
2.
The Director of Public Works, with the approval of the Select Board,
shall authorize such repairs, and shall determine whether the repairs
are required by public necessity.
3.
Not fewer than 75% of the abutters to the private ways must petition
for such repairs.
4.
Betterment charges shall be assessed for the repairs according to
the uniform unit method.
5.
The Town shall not be liable in any manner or amounts on account
of any damages caused by such repairs.
6.
Such repairs shall be performed only on ways that have been open
to public use for at least six years, as determined by the Select
Board.
7.
No repairs or improvements shall be done on any private ways where
the owners of private ways or their predecessors in interest have
agreed by covenant, Planning Board decision, or any municipal board
decision or other form of agreement that the Town shall not provide
street repair or improvement services.
8.
The Director of Public Works, with the approval of the Select Board,
shall determine if a cash deposit shall be required for such repairs
and, if a cash deposit is required, the amount of such deposit.
[Added 4-28-2010 ATM, Art. 24]
1.
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2009
STRETCH ENERGY CODE
Definitions.
The International Energy Conservation Code (IECC) is a building
code created by the International Code Council. It is a model code
adopted by many state and municipal governments in the United States
for the establishment of minimum design and construction requirements
for energy efficiency. Commencing July 1, 2010, the baseline energy
conservation requirements of the MA State Building Code will default
to IECC 2009 and MA amendments.
Codified by the Board of Building Regulations and Standards
as 780 CMR Appendix 120 AA, the Stretch Energy Code is the International
Energy Conservation Code (IECC) 2009 with amendments contained herein.
2.
Purpose. The purpose of 780 CMR 120 AA is to provide a more energy-efficient
alternative to the base energy code applicable to the relevant sections
of the building code for both new construction and existing buildings.
3.
Applicability. This code applies to residential and commercial buildings.
Buildings not included in this scope shall comply with 780 CMR 13,
34, 61 or 93, as applicable.
4.
Authority.
a.
A municipality seeking to ensure that construction within its boundaries
is designed and built above the energy efficiency requirements of
780 CMR may mandate adherence to this appendix.
b.
780 CMR 120 AA may be adopted or rescinded by any municipality in
the Commonwealth in the manner prescribed by law.
5.
Stretch Code.
a.
The Stretch Code, as codified by the Board of Building Regulations
and Standards as 780 CMR Appendix 120 AA, including amendments or
modifications, is herein incorporated by reference into the Town of
Andover General Bylaws, Article XII, Section 47.
b.
The Stretch Code is enforceable by the Building Inspector.
[Added 5-1-2017 ATM,
Art. 17]
1.
Purpose. This bylaw establishes and authorizes revolving funds for
use by Town departments, boards, committees, agencies or officers
in connection with the operation of programs or activities that generate
fees, charges or other receipts to support all or some of the expenses
of those programs or activities. These revolving funds are established
under and governed by Massachusetts General Laws Chapter 44, Section
53E1/2.
2.
Expenditure Limitations. A department or agency head, board, committee
or officer may incur liabilities against and spend monies from a revolving
fund established and authorized by this bylaw without appropriation
subject to the following limitations:
A.
Fringe benefits of full-time employees whose salaries or wages are
paid from the fund shall also be paid from the fund, except for those
employed as school bus drivers.
B.
No liability shall be incurred in excess of the available balance
of the fund.
C.
The total amount spent during a fiscal year shall not exceed the
amount authorized by Town Meeting on or before July 1 of that fiscal
year, or any increased amount of that authorization that is later
approved during that fiscal year by the Select Board and Finance Committee.
3.
Interest. Interest earned on monies credited to a revolving fund
established by this bylaw shall be credited to the general fund.
4.
Procedures and Reports. Except as provided in Massachusetts General
Laws Chapter 44, Section 53E1/2 and this bylaw, the laws, charter
provisions, bylaws, rules, regulations, policies or procedures that
govern the receipt and custody of town/city monies and the expenditure
and payment of Town funds shall apply to the use of a revolving fund
established and authorized by this bylaw/ordinance. The town accountant
shall include a statement on the collections credited to each fund,
the encumbrances and expenditures charged to the fund and the balance
available for expenditure in the regular report the town accountant/city
auditor provides the department, board, committee, agency or officer
on appropriations made for its use.
5.
Authorized Revolving Funds. The table establishes:
[Amended 9-12-2020 ATM,
Arts. 7G and 14; 6-5-2021 ATM by Art. 26]
A.
Each revolving fund authorized for use by a Town department, board,
committee, agency or officer;
B.
The department or agency head, board, committee or officer authorized
to spend from each fund;
C.
The fees, charges and other monies charged and received by the department,
board, committee, agency or officer in connection with the program
or activity for which the fund is established that shall be credited
to each fund by the town accountant;
D.
The expenses of the program or activity for which each fund may be
used;
E.
Any restrictions or conditions on expenditures from each fund;
F.
Any reporting or other requirements that apply to each fund; and
G.
The fiscal years each fund shall operate under this bylaw.
|
A.
Revolving Fund
|
B.
Department, Board, Committee, Agency or Officer Authorized
to Spend from Fund
|
C.
Fees, Charges or Other Receipts Credited to Fund
|
D.
Program or Activity Expenses Payable from Fund
|
G.
Fiscal Years
|
|---|---|---|---|---|
|
Community Development and Planning Department
|
CD&P Division Heads
|
Applicant fees
|
Advertising legal hearing notice expenses for permit applications
|
Fiscal Year 2018 and subsequent years
|
|
Memorial Hall Library-Lost/Damaged Materials
|
MHL Director
|
Restitution payments/ charges to borrower or patron
|
Replacement of lost/damaged library materials
|
Fiscal Year 2018 and subsequent years
|
|
Health Clinic
|
Public Health Director
|
Clinic participant fees
|
Clinic supplies and other expenses
|
Fiscal Year 2018 and subsequent years
|
|
Division of Recreation
|
Recreation Director
|
Participant fees
|
Trips, ticket sales and special programs and activities
|
Fiscal Year 2018 and subsequent years
|
|
Division of Youth Services
|
Youth Services Director
|
Participant fees
|
All programs and activities expenses, part-time help
|
Fiscal Year 2018 and subsequent years
|
|
Field Maintenance
|
Plant and Facilities Director
|
Field rental fees
|
Field maintenance, upgrade and related expenses
|
Fiscal Year 2018 and subsequent years
|
|
Division of Elder Services
|
Elder Services Director
|
Participant fees
|
Senior programs, classes and activities
|
Fiscal Year 2018 and subsequent years
|
|
Police Communica-tions
|
Chief of Police
|
Lease agreements for antenna users
|
Maintenance and purchase of public safety radio and antennae
equipment
|
Fiscal Year 2018 and subsequent years
|
|
School Photocopy Fees
|
School Department
|
External private groups
|
Photocopy center costs
|
Fiscal Year 2018 and subsequent years
|
|
Compost Program
|
Municipal Services - Plant and Facilities Director
|
Contractor permit fees, revenues from sale of compost
|
Offset compost monitoring and cleanup expenses
|
Fiscal Year 2018 and subsequent years
|
|
Solid Waste
|
Municipal Services - Public Works Director
|
CRT, HHW and trash fees
|
Offset trash and recycling costs
|
Fiscal Year 2018 and subsequent years
|
|
Stormwater Management
|
Planning Director
|
Applicant
|
Consulting and environmental monitoring of stormwater management
applications and permits
|
Fiscal Year 2018 and subsequent years
|
|
Fire Rescue
|
Fire Chief
|
Service fees
|
Training and equipment
|
Fiscal Year 2018 and subsequent years
|
|
Health Services
|
Public Health Director
|
Inspection fees
|
Health Department Inspections
|
Fiscal Year 2018 and subsequent years
|
|
Professional Development Institute
|
School Superintendent
|
Professional development fees
|
Professional development and instruction
|
Fiscal Year 2020 and subsequent years
|
|
Student Technology Rental
|
Chief Information Office
|
Equipment Rental and Associated Fees
|
Acquisition and Maintenance of Equipment
|
Fiscal Year 2020 and subsequent years
|
[Added 5-1-2018 ATM,
Art. 42]
1.
Prohibition. Consistent with MGL c. 94G, § 3(a)(2), all
types of marijuana establishments as defined in MGL c. 94G, § 1,
including all marijuana cultivators, craft marijuana cultivator cooperatives,
independent testing laboratories, marijuana product manufacturers,
marijuana retailers, on-site consumption, special events, and any
other type of licensed marijuana-related businesses, but not to include
a medical marijuana treatment center or registered marijuana dispensary
as defined and regulated in Article VIII, Section 8.9 of the Town's
Zoning By-Law, are prohibited in the Town of Andover.
2.
Severability. If any provisions, paragraphs, sentences, or clauses
of this bylaw shall be held invalid for any reason, all other provisions
shall continue in full force and effect.
3.
Enforcement. The penalty for violation of this bylaw shall be $200
for each such violation. Each day of the violation shall constitute
a separate offense. In addition to any other applicable remedy, violation
of this bylaw may be enforced by noncriminal disposition in accordance
with MGL c. 40, § 21D. The Town Manager, police officers
and the Building Inspector shall be enforcing persons.
[Added 5-1-2018 ATM,
Art. 55]
1.
Findings and Intent
Thin film single-use plastic checkout bags have a significant
effect on marine (including freshwater systems) and terrestrial environments
and human health, including, but not limited to: 1) harming marine
and terrestrial animals through ingestion and entanglement; 2) polluting
and degrading the terrestrial and marine environments; 3) clogging
storm drainage systems; 4) creating a burden for solid waste disposal
and recycling facilities; 5) requiring the use of fossil fuels in
their composition; 6) degrading into microplastic pieces (<5mm)
that are concurrently ingested by fish, crustaceans, bivalves and
other ocean life moving up the food chain to disrupt human health;
7) acting as a vector for stagnant water through which mosquito-borne
diseases can spread. Studies have shown that even "compostable" or
"biodegradable" bags require very specific and controlled conditions
to biodegrade, and have potentially negative environmental effects
similar to conventional thin film single use plastic bags. Such bags
should therefore be subject to the same restrictions as conventional
thin film single use plastic checkout bags.
NOW THEREFORE, the purpose of this bylaw is to protect Andover's
unique natural beauty and irreplaceable natural resources by reducing
the number of single-use plastic checkout bags in circulation in the
Town of Andover and to promote the use of reusable bags. Numerous
Massachusetts communities have acted or are in the process of reducing
use of thin film single-use plastic checkout bags.
2.
BIODEGRADABLE PLASTIC BAG
COMPOSTABLE PLASTIC BAG
DEPARTMENT
FOOD ESTABLISHMENT
HEALTH AGENT
POLYETHYLENE
RECYCLABLE PAPER BAG
REUSABLE CHECKOUT BAG
THIN FILM SINGLE-USE CHECKOUT BAG
Definitions.
A plastic bag that conforms to the current ASTM D7081 standard
specification for marine degradability.
Conforming to the ASTM (American Society for Testing and
Materials) D6400 for compostablility.
The Town of Andover Health Division.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, as further defined
in 105 CMR 590.002. Any establishment requiring a permit to operate
in accordance with the State Food Code, 105 CMR 590.000 et seq., shall
be considered a "food establishment" for purposes of this bylaw.
A person appointed by the Board of Health as its Health Agent.
Any of various lightweight thermoplastic resins made by polymerizing
ethylene, a flammable hydrocarbon gas primarily occurring in natural
gas, coal gas, and crude oil, chiefly used for plastic bags, food
containers and other products.
A paper bag, with or without handles, that contains at least
40% post-consumer recycled content, and displays in a visible manner
on the outside of the bag 1) the word "recyclable" or a symbol identifying
the bag as recyclable and 2) a label identifying the bags as being
made from post-consumer recycled content and the percentage of post-consumer
recycled content in the bag.
A sewn bag with stitched handles, that is specifically designed
for multiple reuses that (i) can carry 25 pounds; (ii) is machine
washable or is made of a material that can be cleaned or disinfected
125 times; (iii) is made of either polyester, polypropylene, cotton
or other natural fiber material; and (iv) has a thickness of greater
than four mils.
Those bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET) or polypropylene (other than woven and nonwoven polypropylene
fabric), if said film is less than four mils in thickness.
3.
Regulated conduct.
a.
No food establishment in Andover shall provide thin film single-use
plastic checkout bags to customers.
4.
Exemptions.
a.
Thin film plastic bags, typically without handles which are used
to contain dry cleaning, newspapers, fruit, vegetables, nuts, grains,
candy, wet items and other similar merchandise are not prohibited
under this bylaw.
b.
All food establishments must provide at the point of sale, free of
charge, either reusable checkout bags or recyclable paper bags, or
both, at the Food Establishment's option, to any customer participating
in the Supplemental Food Program for Women, Infants and Children (WIC)
pursuant to MGL c.111, or in the Supplemental Nutrition Assistance
Program (SNAP) pursuant to MGL c.18.
c.
The provisions of this bylaw do not apply to bags used by a nonprofit
corporation or other charity as defined by MGL c.12 to distribute
food, grocery products, clothing or other household items to clients.
d.
This bylaw does not prevent food establishments from selling to customers
various types of plastic bags sold in packages containing multiple
bags intended for personal use.
5.
Enforcement.
a.
The Town of Andover Board of Health and its Director or his/her designee
shall have the authority to administer and enforce this bylaw.
b.
Whoever, himself or by his servant or agent or as the servant or
agent of any other person or firm or corporation, violates any of
the provisions of these regulations may be penalized by a noncriminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
6.
Effective date.
a.
This bylaw shall take effect following approval of the bylaw by the
Attorney General on January 2, 2019, for food establishments.
b.
The Director may exempt a Food Establishment from the requirements
of this section for a period of up to six months upon a finding by
the Director that the requirements of this section would cause undue
hardship.
[Added 5-2-2018 ATM,
Art. 56]
Reduction of polystyrene: a new bylaw for the Town of Andover
prohibiting the use and distribution of foam and rigid polystyrene
in food service ware and packaging material and requiring the use
and distribution of biodegradable, compostable, reusable or recyclable
products or materials in its place.
1.
Findings and intent.
WHEREAS, the Town has a duty to protect the natural environment,
the economy, and the health of its citizens; and
WHEREAS, styrene, a component of polystyrene, is a known hazardous
substance, classified by the National Toxicology Program (NTP) as
"reasonably anticipated to be a human carcinogen" and also recognized
by the NTP as a potential food and beverage contaminant that may "leach
from polystyrene containers used for food products"; and
WHEREAS, polystyrene is made from fossil fuels, a nonrenewable
resource; and
WHEREAS, polystyrene manufacture, use, and disposal requires
substantial energy consumption and contributes to greenhouse gases
and other adverse environmental effects; and
WHEREAS, polystyrene is not biodegradable or compostable, and
is generally not recyclable; and
WHEREAS, polystyrene is a common environmental pollutant that
fragments into smaller pieces that harm or kill marine life and wildlife
when they ingest them;
WHEREAS, the EPA states "that such materials can also have serious
impacts on human health, wildlife, the aquatic environment and the
economy"; and
WHEREAS, polystyrene is used as food service ware by food establishments
operating in Andover; and
WHEREAS, disposable food service ware constitutes a portion
of the litter in Andover's streets, parks and public places, which
increases Andover's costs; and
WHEREAS, affordable and effective ways to reduce the negative
environmental impacts of polystyrene products through the use of reusable,
recyclable, biodegradable and/or compostable materials are available
for most retail applications; and
WHEREAS, over 100 municipalities throughout the United States,
Canada, Europe, and Asia have banned polystyrene food service ware,
including Amherst, Brookline, Great Barrington, Somerville, and South
Hadley in Massachusetts, as well as: Los Angeles, California; Chicago,
Illinois; Miami Beach, Florida; Albany, New York; New York, New York;
Portland, Oregon; and Seattle, Washington.
NOW THEREFORE, the Town of Andover hereby enacts this bylaw
to prohibit the use and distribution of foam and rigid polystyrene
in food service ware and packaging material and require the use and
distribution of biodegradable, compostable, reusable, or recyclable
products or materials in their place.
2.
ASTM STANDARD
BIODEGRADABLE
COMPOSTABLE
DISPOSABLE FOOD SERVICE WARE
FOOD ESTABLISHMENT
POLYSTYRENE
PREPARED FOOD
RECYCLABLE
RETAIL ESTABLISHMENT
REUSABLE
Definitions. The following words and phrases shall, unless context
clearly indicates otherwise, have the following meanings:
Refers to materials meeting the standards of the American
Society for Testing and Materials (ASTM) International Standards D6400
or D6868 for biodegradable and compostable plastics, as those standards
may be amended. D6400 is the specification for plastics designed for
compostability in municipal or industrial aerobic composting facilities.
D6868 is the specification for aerobic compostability of plastics
used as coatings on a compostable substrate.
Materials that will completely degrade and return to nature,
i.e., decompose into elements found in nature within a reasonably
short period of time after customary disposal.
Materials that will completely degrade into, or otherwise
become part of, usable compost (e.g., soil-conditioning material,
mulch) in a safe and timely manner. Compostable disposable food service
ware must meet ASTM Standards for compostability and any bioplastic
or plastic-like product must be clearly labeled, preferably with a
color symbol, such that any customer or processor can easily distinguish
the ASTM Standard compostable plastic from non-ASTM Specification
compostable plastic.
All containers, bowls, plates, trays, cartons, cups, lids,
straws, forks, spoons, knives, and other items designed for one-time
or nondurable uses on or in which any food vendor directly places
or packages prepared foods or which are used to consume foods. This
includes, but is not limited to, service ware for takeout foods and/or
leftovers from partially consumed meals prepared at food establishments.
An operation that stores, prepares, packages, serves, vends,
or otherwise provides food for human consumption, as further defined
in 105 CMR 590.002. Any establishment requiring a permit to operate
in accordance with the State Food Code, 105 CMR 590.000 et seq., shall
be considered a "food establishment" for purposes of this bylaw.
The term means and includes blown polystyrene and expanded
and extruded foams (sometimes called "styrofoam," a Dow Chemical Co.
trademarked form of EPS insulation), also referred to as "expanded
polystyrene (EPS)," which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques,
including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion-blow
molding (extruded foam polystyrene); and in this chapter is referenced
as "foam polystyrene." Foam polystyrene is generally used to make
cups, bowls, plates, trays, clamshell containers, meat trays and egg
cartons. The term also means and includes clear or solid polystyrene
which is also known as "oriented," which is produced by stretching
extruded PS film, improving visibility through the material by reducing
haziness and increasing stiffness. This is often used in packaging
where the manufacturer would like the consumer to see the enclosed
product. This is referenced in this chapter as "rigid polystyrene."
"Rigid polystyrene" is generally used to make clear clamshell containers,
and clear or colored straws, lids and utensils.
Food or beverages, which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the
food establishment's premises within the Town of Andover. Prepared
food may be eaten either on or off the premises, also known as "takeout
food."
Material that can be sorted, cleansed, and reconstituted
using Andover's available recycling collection programs for the purpose
of using the altered form in the manufacture of a new product. "Recycling"
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
Any commercial facility that sells goods directly to the
consumer, including but not limited to grocery stores, pharmacies,
liquor stores, convenience stores, restaurants, retail stores and
vendors selling clothing, food, and personal items, and dry cleaning
services.
Materials that will be used more than once in its same form
by a food establishment. Reusable food service ware includes: tableware,
flatware, food or beverage containers, packages or trays, such as,
but not limited to, soft drink bottles and milk containers that are
designed to be returned to the distributor and customer that is provided
takeout containers. "Reusable" also includes durable containers, packages,
or trays used on premises or returnable containers brought back to
the food establishment.
3.
Prohibited use and distribution of disposable food service ware.
a.
Food establishments are prohibited from providing prepared food to
customers in foam polystyrene or rigid polystyrene food service ware.
b.
All food establishments using any disposable food service ware will
use biodegradable, compostable, reusable or recyclable food service
ware. All food establishments are strongly encouraged to use reusable
food service ware in place of using disposable food service ware for
all food served on premises.
4.
Exemptions.
a.
Any person may seek an exemption from the requirements of this chapter
by filing a request, in writing, with the Board of Health. The Board
of Health may waive any specific requirement of this chapter for a
period of not more than six months if the person seeking the exemption
has demonstrated that strict application of the specific requirement
would cause undue hardship. For purposes of this chapter, an "undue
hardship" is a situation unique to the food establishment where there
are no reasonable alternatives to the use of expanded polystyrene
disposable food service containers and compliance with this provision
would cause significant economic hardship to that food establishment.
The Board of Health's decision to grant or deny an exemption shall
be in writing and shall be final.
b.
Coolers and ice chests that are intended for reuse are exempt from
the provisions of this chapter.
5.
Enforcement; violations and penalties.
b.
Whoever, himself or by his servant or agent or as the servant or
agent of any other person or firm or corporation, violates any of
the provisions of these regulations may be penalized by a non-criminal
disposition process as provided in MGL c. 40, § 21D. Each
day of violation, after written notice, is a separate violation.
6.
Severability; effective date.
a.
Each section of this bylaw shall be construed as separate to the
end that if any section, sentence, clause or phrase thereof shall
be held invalid for any reason, the remainder of that bylaw and all
other bylaws shall continue in full force.
b.
This chapter shall take effect on January 1, 2019, following Attorney
General approval.
[Added 5-2-2023 ATM, Art. 40]
(1)
Salt
includes solids such as sodium chloride (NaC1), potassium chloride
(KC1), calcium chloride (CaC12), and magnesium chloride (MgC12). It
also includes mixtures of the same substances with abrasives such
as sand, cinder, slag, etc.
(2)
Salt
shall be stored on an impermeable surface.
(3)
Salt
shall be covered at all times to prevent dispersion by runoff and
to control wind dispersal.
(4)
When
not using a permanent roof, a waterproof impermeable, flexible cover
must be placed over all storage piles to protect against precipitation
and surface water runoff. The cover must prevent runoff and leachate
from being generated by the outdoor storage piles. The cover must
be secured to prevent removal by wind or other storm events.
(5)
Any
roof leaks, tears or damage should be temporarily repaired during
winter to reduce the entrance of precipitation. Permanent repairs
shall be completed prior to the next winter season.
(6)
Storage
areas shall be graded to direct surface drainage away from the storage
area. In no case shall the surface drainage be allowed to flow through
the base of the storage piles.
