HomeMy WebLinkAbout2009 ANNUAL TOWN MEETING-CITIZEN PETITIONS-BOS MARCH 9, 2009-CLOSE OF WARRANT OF NORTH qti
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A.Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail Bradshaw(dtownofnorthandover.com
MAY 12, 2009 ANNUAL TOWN MEETING—CITIZEN PETITIONS
Article AAA-CP. Amend Zoning Bylaw-Section 16.2- corridor development
District 1-Permitted Uses. To see if the Town will vote to emend Section 16.2 of the
Town of North Andover Zoning Bylaws , in the Corridor Development District 1 (CDD 1)
by inserting the following language:
"Drive through restaurants shall be permitted on property/properties that do
not directly abut a residential zone."
The purpose of this article's proposed zoning change is to encourage the highest
and best use of the properties along Route 114 and to encourage economic development
and diversity in the community tax base for the Town.
Route 114 is an extensively developed commercial highway that 12 million cars use
annually.
This zoning change will permit a commercial use that is consistent with the other
commercial uses along Route 114 and to provide much needed commercial revenue to
the Town.
This commercial revenue will benefit the schools, police, fire, and public works
departments of the Town without increasing residential property taxes.
For the past 20 years, three different zoning policies (R6, Village Commercial, and
CDD1) sponsored by the Planning Board have failed to provide commercial development
in the area located between the Chestnut Green Office Park abd the Super Stop & Shop.
Furthermore, the use restrictions of these zoning policies have failed to address the
hardship that the unfairly burdened homeowners face within this area.
This Amendment will permit the same rights to the aggrieved homeowners as other
commercially zoned properties adjacent to their homes;
Or to take any other action relative thereto.
Petition of Scott Hajjar, Oscar Pancorbo and others
Article BB-CP. Upholding of Duties in Bylaws. To see if the town will vote in
favor of reminding the Board of Selectmen, the Town Manager, the Planning Board, the
Zoning Board of Appeals, the Zoning Enforcement Officer and Town Counsel of their
sworn duty to consistently uphold and abide by the Zoning Bylaws of North Andover as
dictated by town meeting AND to always act in defense of the public health, safety and
welfare if all North Andover citizens as provided by such bylaws, to the fullest extent of
the law, without personal or financial conflict of interest, or the appearance thereof.
In essence, this means the town will not allow itself to be held hostage whenever there is
a perceived threat of a lawsuit against their pending decisions... especially, when
intimidated by large corporations. It also means that it is not the power of the Boards to
change our bylaws...that power belongs to the voters at Town Meeting. The Selectmen
are obligated to represent what the voters want, not what they, as individuals want, and to
seek recourse which best reflects the expressed interests of those who elected them.
Taken from the town's website:
The mission of the Building Division is to ensure the health, safety and welfare of the
Town's residents and visitors through the enforcement of the State and local laws, bylaws
and regulations.
The Building Division is charged with the enforcement of the State Building 730 CMR of
the Acts of 1972 and Zoning Act, Massachusetts General Laws 40A and all other
applicable laws and regulations including applicable sections of the North Andover Code:
Or to take any other action relative thereto.
Petition of Steven Tryder and others
Article CC-CP. Petition General Court - Special Act - Chan2e in Liquor Quota-All
Alcoholic Beverages for Package Stores- Virginia, Inc., d/b/a J&M Convenient Store &
Deli located at 701 Salem Street. To see if the Town will vote to Petition the Legislature to
allow the North Andover Licensing Authority to override the provisions of Massachusetts
General Law Chapter 138 Section (17) (Number of licenses quotas; licenses for wine and malt
beverages per population unit; additional licenses; estimates of increased population; decrease in
quota due to loss in population; determination of population city or town.) for the increase in the
number of All Alcoholic Beverages Licenses for Package Stores by one (1) for Virginia, Inc.,
d/b/a J&M Convenient Store & Deli located at 701 Salem Street;
Or to take any other action relative thereto.
Article DD-CP. Appropriation of Additional Funds for The Stevens Memorial Library
FY 2010 Budget. To see if the Town will vote to appropriate additional funds in the sum
of$62,557.00 for the Stevens Memorial Library FY 2010 Budget. This sum is the difference
between the Town Manager's recommended Library budget number of$750,000.00 and the
Library's approved FY 2009 appropriation of$812,557.00, from available funds;
Or to take any other action relative thereto.
Petition of Peter J. Lafond and others
Article EE-CP. Amend North Andover Zoning Bylaw — Section 11.5 Planned
Development District — Uses. To see if the Town will vote to amend the Town of North
Andover Zoning Bylaw, Section 11.5, in order to allow the Planning Board additional flexibility
in determining the appropriate types, number, location and dimensions of signs to be permitted
pursuant to a Planned Development District Special Permit.
Amend Section 11.5 (Planned Development District—Uses) by adding the following language as
the last Paragraph of said Section 11.5:
Notwithstanding anything to the contrary in this Bylaw, an Applicant for a Planned Development
District Special Permit may propose a sign master plan for the District which, if approved by the
Planning Board, may allow for signage which deviates from the specific sign requirements of the
Zoning Bylaw, including Section 6.6, provided that such signage would, in the opinion of the
Planning Board, be consistent with the general purpose and intent of Section 11.2 (Purpose of
Planned Development District);
Or take any other action relative thereto.
Petition of John T. Smolak and others
Article FF. Placement of Non-Binding Ballot Question on next Town Election Ballot. To
see if the Town will vote to add to the next Town election ballot the following nonbinding public
opinion advisory question:
"Should the Town of North Andover replace Open Town Meeting with a nine member
Town Council with the provision that most Town Council decisions prior to being operative
could be decided by a referendum vote, if a sufficient number of valid signatures is presented to
the Town Clerk within the defined time period?"
Or to take any other action relative thereto.
Petition of George Vozeolas and others
Article GG-CP. Circulation of Charter Revision or Adoption Petition. To see if the
Town will vote to allow the Charter Revision or Adoption Petition for the Town of North
Andover to be circulated during Town Meeting and all public gatherings including but not
limited to school committee and selectmen meetings. In addition it is requested that the Charter
Revision or Adoption Petition for the Town of North Andover be prominently displayed and
available for signatures at all town facilities, including but not limited to the North Andover
Town Hall, North Andover Public Library, the Police and fire stations , Stevens Estate, Senior
Center, and Herman Youth Center;
Or to take any other action relative thereto.
Petition of George Vozeolas and others
Article II. Facilitation of Completion of the Charter Revision or Adoption Petition of the
Town of North Andover. To see if the Town will vote to instruct the Town Manager and the
Board of Selectmen to take what ever means available to facilitate the completion of the Charter
Revision or Adoption Petition for the Town of North Andover. It also requires that the Town
Manager will report on the progress on a monthly basis;
Or to take any other action relative thereto.
Petition of George Vozeolas and others
Article IL Amend Zoning Bylaw—Section 8.9 (2)—Wireless Service Facilities. To see if the
Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Service Facilities—
Subsections (2)(u)through 8.9 (2)(aa)to add a definition for Pre-existing structures.
Add: (u) Preexistent Structure. For purposes of this Section 8.9, preexistent structure shall
refer to a lawfully existing structure on which a wireless service facility was actually located on
December 11, 2000. Preexistent structure does not refer to a building (such as a home, school,
church, or hospital) or other structure not used as a mount for a wireless service facilities or
devices on December 11, 2000.
(I am waiting for electronic text from Liz Fennessy) The above is what is being added.
Remainder of Article re-numbers exiting bylaw.
Petition of Salvatore A. Russo and others