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HomeMy WebLinkAbout2011 ATTORNEY GENERAL BYLAWS SUBMITTAL-FORMS 4 TO END i Form 4 THE COMMONWEALTH OF MASSACHUSETTS N W OFFICE OF THE ATTORNEY GENERAL W ' d MUNICIPAL LAW UNIT 1350 MAIN STREET 4TH FLOOR d'M 5 SPRINGFIELD, MASSACHUSETTS 01103-1629 MARTHA COAKLEY /ATTORNEY GENERAL Town: NORTH ANDOVER Date Town Meeting Convened: JUNE 7, 2011 Form 4-Town Meeting Certification Complete and sign the following. I 1. Quorum Indicate number. Please write"0" if the town has no quorum requirement. A quorum was present at the town meeting, including any adjourned sessions thereof. According to our town charter or by-law, our quorum requirement for town meeting is -0- registered voters. 2. Service of the Warrant Please check one. The service of the town meeting warrant was in accordance with: X town by-law a previous vote of the town a procedure accepted by the Attorney General and any adjournments of the Town Meeting were made in accordance with the town by-law or vote of Town Meeting, 3. Attachments Before submission,ensure that you have attached both of the following: • A copy of the complete Town Meeting warrant, as it was when posted, including the opening of the warrant, all articles,the closing, and the officer's return of service • A copy of the text referred to,but not set forth in the warrant articles Sometimes a warrant article will not contain the actual text of a proposed amendment to the town by-laws, but rather will refer to text set forth or located elsewhere, such as in the town clerk's office or the office of the planning board. Here it will be necessary for you to send us a copy of the text referred to, or a copy of what is on file and available for inspecii6h,0tA 6rwise,we will not know what the article proposes. Certification I certify the abo'y eclaration.to.be trtil correct to the best of my knowledge. Signature of Town Clerk ' -PRINT name Date signed Form 4 ,; ,' ' Page 1 of 1 Rev. 07/2007 i HO aiN ,A y��SwCHps Town of North Andover Annual Town Meeting Warrant Tuesday May 10, 2011-Delayed until June 7, 2011 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: i GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover Middle School, 495 Main Street, Tuesday June 7, 2011, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen Articles 2, 3, 4 and 5 may be considered by a single vote, if there is no objection (requires unanimous consent) Article 2. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2010 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen _ -ATTEST: A True"Copy Town Clerk 3 I Article 3. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of at least four (4) members of the Board of Selectmen or the School Committee, as appropriate; Or to take any other action relative thereto. Board of Selectmen Article 4. Authorization to Accept Grants of Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Article 5. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Articles 6, 7, 8, and 9 may be considered by a single vote, if there is no objection (requires unanimous consent). i 2 9 I Article 6. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person,per annum $5,000 Chairman of Board of Selectmen,per annum, in addition $500 School Committee,per person, per annum. $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 III Or to take any other action relative thereto. Board of Selectmen Article 7. Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior years, by respective departments, using appropriations of the current fiscal year; Prior Year Invoices—FY 11 Vendor Amount Department National Grid $ 8,109.13 Public Works National Grid $ 865.62 Public Works National Fire and Security $ 8,079.53 School Department Rovic $ 52.01 School Department Northeast Turf Services $ 5,500.00 School Department OCE Imagistics, Inc. $ 1,702.65 School Department Total $24,638.94 Or to take any other action relative thereto. Board of Selectmen I i I 3 I i Article 8. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/z for the'Fiscal Year beginning July 1, 2011; Aevolvn Fund Accounts Account Revolving Authorized to FY 2012 Number Fund Spend Use of Funds Revenue Source Limit 1. Wheelabrator Director- Air quality Wheelabrator Host 2031204 Planning Community monitoring Community $ 35,000 Develo ment Agreement 2. Wheelabrator Director- To enforce Trash Wheelabrator Host 2031205 Public Safety Community Truck regulations Community $ 20,000 Development Agreement 3. Wheelabrator Director- Protection of Wheelabrator Host 2031206 -Health Community health, safety and Community $ 18,000 Development monitoring the air Agreement quality 4. 2031207 Health Dept- Director- Food Consultant Inspection Fees Food Community fees and expenses $ 20,000 Inspections Development related to program 5. 2031208 Health Dept- Director- Septic Consultant Inspection Fees Septic Community fees and expenses $ 30,000 Inspections Development related to program g. Field rental fees, 2031210 Field Director- Field maintenance, Grants,Donations, $ 10,000 Maintenance Division of upgrade and and related Fund- Public Works related expenses raising proceeds 7. Clinic participant 2031211 Health Dept Director- Clinic supplies and fees, Grants, $ 30,000 Revolving Community other related donations,related Development materials Fundraising proceeds j 8. Youth and All programs and Participants'fees, 2031213 Recreation Assistant activities, expense, Grants,Donations, $ 250,000 Services Town Manager part time help and related Fund- Revolving raising proce eds g Participants'fees, 2031217 Elder Assistant Senior programs, Grants,Donations, $ 20,000 Services Town Manager classes and and related Fund- -COA Revol activities raising proceeds 10 Stormwater Director- Review,test and Review Fees $ 50,000 Bylaw Community inspect Stormwater Development reports TOTAL $ 483,000 4 I 3 ry ) F�,E 4qa f � k t, R t as a k °Reuoluin ,;'Fund-Account Receipts anci Expenditures Receipts Account Balance FY10 FY10 Balance thru Expenditures Number Revolving Fund 7/1/09 Receipts Expenditures 06/30/10 03131111 thru 03/31/11 Balance 1, Wheelabrator 2031204 Planning $ 57,308 $25,000 $ (16,680) $ 65,628 $ 25,000 $ (17,890) $ 72,738 2, Wheelabrator 2031205 Public Safety $ 58,328 $15,700 $ (38,264) $ 35,764 $ 13,040 $ (3,804) $ 45,000 3. Wheelabrator- 2031206 Health $ 20,988 $ - $ (2,000) $ 18,988 $ - $ (18,988) $ 0 4. Health Dept- 2031207 Food Inspections $ 75,457 $26,375 $ (44,007) $ 57,825 $ 22,665 $ (6,826) $ 73,664 5. Health Dept- 2031208 Septic $ 17,749 $10,919 $ (15,984) $ 12,684 $ 11,735 $ (11,471) $ 12,948 Inspections 6. Field 2031210 Maintenance $ 14,268 $ 8,600 $ - $ 22,868 $ 1,075 $ (4,054) $ 19,889 7. Health Dept 2031211 Revolving $ 9,722 $ 32,694 $ (25,179) $ 17,237 $ 14,888 $ (15,850) $ 16,276 g, Youth and 2031213 Recreation $ 295,219 $280,842 $ (305,341) $270,720 $ 86,417 $ (205,782) $151,354 Services Revolving 9. Elder Services 2031217 -COA $ 2,410 $ 15,895 $ (16,388) $ 1,917 $ 18,030 $ (15,898) $ 4,049 Revolving Or to take any other action relative thereto. Board of Selectmen Article 9. Continuation of Massachusetts General Laws Chanter 59 Section 5K - Senior Work Program - $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program in the amount of$18,000; Or to take any other action relative thereto. Council on Aging i 5 I Article 10. Amend General Fund Appropriation For Fiscal Year 2011. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2011 as voted under Article 20 of the 2010 Annual Town Meeting and Article 3 of the November 17, 2010 Special Town j Meeting ; Decrease General Government by $110,527 for a revised total of$2,102,242 Decrease Public Safety by $153,728 for a revised total of$8,769,674 Decrease Education by$10,000 for a revised total of$36,974,521 Increase Snow and Ice Removal by$407,101 for a revised total of$1,147,187 Decrease All Other Public Works by$62,368 for a revised total of$3,107,848 Increase Health and Human Services by $239 for a revised total of$942,390 Decrease Culture and Recreation by$12,430 for a revised total of$815,080 Decrease Support Services by $84,288 for a revised total of$908,905 Increase Employee Benefits by $6,000 for a revised total of$12,310,378 Increase Capital and Reserves by$20,000 for a revised total of$393,167 For a Total Net (Decrease)/Increase of$0 and a Revised Total Appropriation of$75,041,472 Or to take any other action relative thereto. Amount Voted under Amount Voted Article 3 Under Article 20 11/17/10 Revised Amend Revised General Fund Appropriation 05/12/10 ATM STM Total ment Total GENERAL GOVERNMENT 2,228,769 -16,000 2,212,769 -110,527 2,102,242 PUBLIC SAFETY 8,882,536 40,865 8,923,401 -153,728 8,769,674 EDUCATION 36,984,521 0 36,984,521 -10,000 36,974,521 SNOW AND ICE REMOVAL 740,086 0 740,086 407,101 1,147,187 PUBLIC WORKS 3,170,216 0 3,170,216 -62,368 3,107,848 HEALTH&HUMAN SERVICES 942,151 0 942,151 239 942,390 CULTURE&RECREATION 827,510 0 827,510 -12,430 815,080 SUPPORT SERVICES 1,048,193 -55,000 993,193 -84,288 908,905 DEBT SERVICE 6,912,660 0 6,912,660 0 6,912,660 EMPLOYEE BENEFITS 12,335,378 -31,000 12,304,378 6,000 12,310,378 LIABILITY INSURANCE 300,641 -6,953 293,688 0 293,688 CAPITAL&RESERVES 0 373,167 373,167 20,000 393,167 FINANCE COMMITTEE RESERVE 100,000 -100,000 0 0 0 GREATER LAW TECH SCHOOL 362,832 0 362,832 0 362,832 SCHOOL BUILDING COMMITTEE 900 0 900 0 900 Total Town Meeting Appropriation 74,836,393 205,079 75,041,472 0 75,041,472 Board of Selectmen 6 Article 11. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2011. To see if the Town will vote to amend the vote taken on Article 23 Stevens Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 2011 at the 2010 Annual Town Meeting to decrease total appropriation in aggregate by $12,795 for a revised total appropriation of $280,389. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE i Amount Voted Under Article 2305112110 ATM Amendment Revised Total Personnel 103,282 -9,128 94,154 Expense 143,442 -3,667 139,775 Debt Service 0 0 0 Sub-Total Direct Expenditures 246,724 -12,795 233,929 Admin/Indirect 46,460 0 46,460 Total Stevens Estate Enterprise 293,184 -12,795 280,389 Or to take any other action relative thereto. Board of Selectmen i I II i 7 I I Article 12. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan appropriations for prior Fiscal Years so that the following amounts which represent excess bond and note proceeds which are no longer needed for the completion of the respective project be applied to new projects as follows: Amount Project Date/Article Date of New Proiect General Fund Number Bonds $ 82,461.27 Downtown 05/13/09 06/01/08 Elm Street Streets and Art. 12 Project Sidewalk $102,000.00 Tractor 05/13/08 06/16/09 Two Track Multi Purpose Art. 14 Sec. 6 Loaders with Attachments $184,461.27 Water Enterprise Fund $ 7,264.31 Additional 05/02/94 Serial Water System Water Supply Art. 9 Sec. 15 Note Improvements $ 7,466.69 Bradford Street 05/14/01 04/01/02 Standpipe Art. 8 Sec. 16 $ 16,000.00 Sutton Hill 12/05/05 09/20/06 Water Tanks Art. 8 $311,544.01 Water Sys/Wtp 05/13/02 06/15/03 Improve. Art. 11 Sec. 21 $ 3,578.91 Sutton Hill Water 05/13/02 06/13/03 Improve. Art. 11 Sec.21A $ 22,900.00 Bear Hill 05/10/04 06/13/05 Reservoir 2005 Art. 11 Sec. 22 $ 1,825.53 Water Main 05/10/04 06/13/05 Rehab. 2005 Art. 11 Sec. 24 $ 46,248.94 Water Security 05/09/05 09/20/06 System 2006 Art. 10 Sec. 6 I' $156,980.42 Lake Outlet 05/09/05 09/20/06 Structure Art. 10 Sec. 7 $ 17,335.31 Water Main 05/8/06 Serial Rehab. 2007 Art. 24 Sec. 15 Note $ 56,728.65 Water Main 05/14/07 06/17/08 Rehab. 2008 Art, 21 Sec. 19 $647,872.77 Or take any other action relative thereto. Board of Selectmen ICI 8 I a Article 13. Amend Zoning Bylaw, Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following which includes a Wireless Telecommunications Overlay District: Section 8.9 Wireless-Service Facilities 1) Purpose a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town. The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, and preservation of the rural character and the provision of adequate infrastructure development in North Andover. b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character. c) This Bylaw is intended to be consistent with the Telecommunications Act of 1996 I in that: 1. it does not prohibit or have the effect of prohibiting the provision of Wireless Services; 2. it is not intended to be used to unreasonably discriminate among providers of functionally equivalent Wireless Services; 3. it does not regulate Wireless Services on the basis of the environmental effects of radio frequency emissions beyond requiring compliance with the Federal Communication Commission's regulations concerning such emissions. d) If the application of any of the provisions of this Bylaw results in a violation of the Federal Telecommunications Act of 1996, then the Federal Act shall supersede that particular provision of this Bylaw. In determining whether the Federal Act supersedes a provision of this Bylaw, such that the Planning Board must disregard that provision, the Planning Board shall consider whether the applicant has proved that: (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site. The 9 i 3 ..------- E Planning Board may hire, at the applicant's expense, an independent engineer or other expert to review and report upon the application and related documents. 2) Definitions for Purposes of this Section 8.9: a) Above Ground Level (AGL). A measurement of height from the natural grade of a site to the highest point of the structure. b) Above Mean Sea Level (AMSL). A uniform point from which height above sea level (or zero elevation) can be measured. c) Antenna. The surface from which wireless radio signals are sent and received by a wireless service facility. d Camouflaged. A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged." e) Carrier. A company that provides wireless services. f) Co-location. The use of a single mount or monopole wireless service facility (monopole) by more than one carrier (vertical co-location) and/or the locating of more than one carrier's wireless service facility in or on a preexistent building or structure. g) Cross-polarized (or dual-polarized) antenna. A low mount that has three panels flush mounted or attached very close to the shaft. h) Elevation. The measurement of height above mean sea level. i) Environmental Assessment(EA). An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas. j) Equipment Shelter. An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment. k) Functionally Equivalent Services. Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging. 1) GPS. Ground Positioning System by satellite location of antennas. m) Guyed Tower. A lattice tower that is tied to the ground or other surface by diagonal cables. n) Lattice Tower. A type of mount made with cross bracing of structural steel. It may be either self supporting or guyed. o) Licensed Carrier. A Company authorized by the FCC to construct and operate a commercial mobile radio service system. p) Monopole. The type of mount that is self-supporting with a single shaft of wood steel or concrete or other material and a platform (or racks) for panel antennas arrayed at the top. q) Mount. The structure or surface upon or in which antennas are mounted, including but not limited to the following four types of mounts and each mount shall be low profile mounted: 10 (1)Roof Mounted: Mounted on the roof of a building. (2) Side-mounted: Mounted on the side of a building (3) Ground-mounted: Mounted on the ground. (4) Structure-mounted: Mounted in or on a pre-existent building or structure. r) Omnidirectional (whip) antenna. A thin rod that beams and receives a signal in all directions. s) Panel Antenna. A flat surface antenna usually developed in multiples. t) Preexisting Structure: A preexisting wireless service facility. u) Radiofrequency (RF) Engineer. An engineer specializing in electric or microwave engineering, especially the study of radio frequencies. v) Radiofrequency Radiation (RFR). The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. w) Security Barrier. A locked impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass. x) Separation. The distances between one array of antennas and another array. y) Stealth Antenna. An antenna, dish or other facility--not including ground based support facilities—which is fully concealed inside a building such that no part of the stealth antenna is visible from street level. This definition shall only apply to antennae, monopoles and antenna-like devices and not to any equipment necessary for the operation of the antennae-like devices, which equipment may be located outside the pre-existing structure. z) Utility. A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services. aa)Wireless Service Facility. Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, monopoles, antennae, antennae support structures, panels, dishes and accessory structures. bb)Wireless Services. The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as defined in the Telecommunications Act of 1996, as amended. 3) General Regulations a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows: 11 i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public. ii) A wireless service facility may locate on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall obtain a special permit from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located. iii) No wireless service facility shall be located in the Town except upon issuance of a special permit. Small scale wireless facilities which satisfy the conditions in order for the Federal Communications Commission's Over-the-Air Reception Devices ("OTARD") rules to apply and which are consistent with the OTARD rules are exempt from this bylaw. iv) As required by the federal Telecommunications Act of 1996, there may be no regulation of a wireless service facility on the basis of the environmental effects of radio frequency emissions, other than as required by the Federal Communications Commission. v) The installation, construction, or other placement of new lattice towers or guyed towers (as distinguished from those existing at the time of the inception of this Bylaw) shall not be permitted. b) Location: i) The Wireless Telecommunications Overlay District (WTOD) is intended to protect the resources of the Town, while allowing adequate Wireless Telecommunications to be developed. The WTOD is an overlay district mapped over other districts. It modifies and where there is inconsistency, supersedes the regulations of such other districts. Except as so modified or superseded, the regulations of the underlying districts remain in effect. Any use of lands within the WTOD for purposes of placement, construction, modification or removal of Wireless Service Facilities shall be subject to the requirements of Section 8.9 of this Bylaw. The District includes the properties listed below. These properties are included by reason of their , potential to provide technically feasible and accessible locations for the siting of facilities which can provide adequate wireless telecommunications services to the Town. Properties not currently in the WTOD can only be added to the WTOD by vote of Town Meeting. ii) Upon issuance of a Special Permit by the Planning Board, a Wireless Service Facility may only be installed in the following districts and properties except as also provided in subsection(iv): 1. All parcels within the following zoning districts as of March 1, 2011: Business 2 and 3; Corridor Development Districts'1, 2 and 3; Industrial 1 and 2. 12 II i 2. The following parcels on the Town Assessor's Map as of March 1, 2011: Map 108A, Parcel 3 (Commonwealth of Massachusetts) Map 90B, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 17 (Commonwealth of Massachusetts) Map 106C, Parcel 16 (Commonwealth of Massachusetts) Map 106C, Parcel 7 (Commonwealth of Massachusetts) Map 106C, Parcel 43 (Commonwealth of Massachusetts) Map 106D, Parcel 5 (Commonwealth of Massachusetts) Map 106B, Parcel 215 (Commonwealth of Massachusetts) j Map 106B, Parcel 214 (Commonwealth of Massachusetts) Map 106C, Parcel 30 (Commonwealth of Massachusetts) Map 106C, Parcel 32 (Commonwealth of Massachusetts) Map 106D, Parcel 4 (Commonwealth of Massachusetts) Map 106D, Parcel 14 (Commonwealth of Massachusetts) Map 106D, Parcel 13 (Commonwealth of Massachusetts) Map 106C, Parcel 3 (Commonwealth of Massachusetts) Map 106C, Parcel 8 (Commonwealth of Massachusetts) Map 106C, Parcel 9(Commonwealth of Massachusetts) Map 106D, Parcel 10 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 106B, Parcel 24 (Commonwealth of Massachusetts) Map 104A, Parcel 21(Commonwealth of Massachusetts) Map 108C, Parcel 43 (Commonwealth of Massachusetts) Map 109, Parcel 33 (Commonwealth of Massachusetts) Map 106C, Parcel 11 (Commonwealth of Massachusetts) Map 106C, Parcel 12(Commonwealth of Massachusetts) Map 108C, Parcel 40 (Commonwealth of Massachusetts) Map 108C, Parcel 45(Commonwealth of Massachusetts) Map 108C, Parcel 41 (Commonwealth of Massachusetts) Map 107B, Parcel 26 (Commonwealth of Massachusetts) Map 107B, Parcel 24 (Commonwealth of Massachusetts) Map 106D, Parcel 16(Commonwealth of Massachusetts) Map 106B, Parcel 216 (Commonwealth of Massachusetts) Map 106B, Parcel 217 (Commonwealth of Massachusetts) Map 34, Parcel 21 (Commonwealth of Massachusetts) Map 108C, Parcel 42 (Commonwealth of Massachusetts) Map 104D, Parcel 47 (Manzi) Map 104D, Parcel 14 (Manzi) Map 25, Parcel 13 (Merrimack College) Map 105C, Parcel 12 (New England Power) Map 104B, Parcel 28(New England Power) 13 I � E Map 64, Parcel 20 (Town of North Andover—Town Forest) Map 35,Parcel 23 (Stevens Estate) Map 38, Parcel 29 (0 Johnson Street) Map 107C, Parcel 11 (0 Turnpike Street) Map 42,Parcel 02 (70 Elm Street) Map 24,Parcel 33 (401 Andover Street) Map 98C, Parcel 02 (0 Chestnut Street) Map 45B, Parcel 18 (586 Massachusetts Avenue) Map 24, Parcel 28 (451 Andover Street) iii) Subject to the exemption in subsection 8.9.12 for municipal emergency wireless facilities, prior Town Meeting authorization is required before the Board of Selectmen or School Cominittee enters into an agreement or lease for a wireless service facility on Town property iv) A Wireless Service Facility may be located on a parcel which is not within the WTOD, without need for a variance, if the applicant proves to the Planning Board that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site. The Planning Board may hire, at the applicant's expense, an independent engineer or other expert to review and report upon the application and related documents. c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements: i) Height The maximum allowed height of a wireless service facility shall not exceed 100 feet unless the applicant demonstrates that a greater height is required to allow for provision of the wireless communications services and the Planning Board finds that a height over 100 feet is desirable based on a balanced review of aesthetics, safety and wireless coverage for the area. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. ii) Height, Stealth Antennae Any stealth antenna that is not visible from street level is exempt from the general height requirement in 3 (c) (i) above and must conform to the setback requirement in 3 (c) (v) . iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure on which it is mounted nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with the respect to height, provided that the facilities do not project above the existing building height. 14 iv) Height, Preexisting Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: guyed towers, lattice towers, fire towers and monopoles. v) Setbacks (1) In any zoning district, including the WTOD, a minimum setback of 600 feet from the nearest residential building shall be required for all wireless devices, antenna and their mounting structures, not approved or installed at the time of the adoption of this bylaw. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 600 foot setback, then the setback provision shall be reduced to 400 feet. In any zoning district, including the WTOD, if the applicant can prove that (1) there is a substantial gap in coverage, and (2) there is compliance with Federal Communications Commission regulations concerning radiofrequency emissions and (3) there is no alternative available site with a 400 foot setback, then the setback provision shall be reduced to 200 feet. Notwithstanding the foregoing, in order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility (except a stealth antenna) to any property line, shall be 2x the height of the facility, including any antennas or other appurtenances. This set back is considered the "fall zone". (2) In the event that a preexisting structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexisting non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 4) Design Standards a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows i) Camouflage by Existing Buildings or Structures (1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexisting architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. 15 3 E (2) Wireless service facilities which are side-mounted shall blend with the preexisting building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building. ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and vegetation in all directions to create an effective year-round visual buffer but only if the surroundings make the foregoing requirements feasible. Ground-mounted wireless service facilities in excess of 50 feet shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure whichever is greater, in all directions but only if the surroundings make the foregoing requirements feasible. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings. However, antennas installed on utility poles, signs or flag poles g � Yp � g gp as part of a DAS shall not be required to be camouflaged. iii) Color (1) Wireless service facilities, which are side-mounted on buildings, shall be painted or constructed of materials to match the color of the.building material directly behind them. (2) To the extent that any wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds iv) Equipment Shelters. Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards: (1) Equipment shelters must be located in underground vaults; or (2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or wooden fence acceptable to the permitting authority b) Lighting and signage i) Wireless service facilities shall be lit only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and foot- candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade. Existing lighting for pre-existent structures may remain. ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or 16 ----- E other devices v es for the purpose of advertisement. All signs shall comply with the requirements of Signs and Outdoor Lighting Regulations of this bylaw. iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public. c) Historic Buildings i) Any wireless service facilities located on or within an historic structure shall not alter its character-defining features. ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible. iii) Wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district. iv) The Historic District Commission must review all applications for wireless service facilities to be located within a local historic district. d) Environmental Standards i) Applicants must comply with all Conservation Commission regulations and procedures. ii) Applicant must comply with all federal, state and local regulations governing hazardous materials. iii) Storm water run-off as a result of the wireless facility shall be contained on- site and comply with the DEP Storm Water Management regulations as applicable. iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier. v) Roof-mounted or,side-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna. e) Safety Standards i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. ii) Structural Integrity. As part of the application for special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility. (See 5(d)vii.) 5) Application Procedures a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA) for wireless service facilities shall be the Planning Board. b) Pre-Application Conference. Prior to the submission of an application for a 17 a Special Permit under this regulation, the applicant is strongly encouraged to meet with either the SPGA at a public meeting or with the town planner, to discuss the proposed wireless service facility in general terms and to clarify the filing requirements. c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre- ', application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/'or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design. d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5) The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit under this bylaw and also at the time of application for a building permit. ii) Location Filing Requirements: (1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel number of subject property (2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified. (3) A locus map at a scale of 1" = 1500' showing the subject property. (4) A map and GPS showing the other preexisting and approved wireless service facilities in North Andover and outside North Andover within one 18 mile of North Andover's boundary. (5) A report by a qualified Radio Frequency Engineer relating to (1) a claimed substantial gap in coverage and (2) the proposed facility's compliance with applicable Federal Communications Commission, Massachusetts Aeronautics Commission and Federal Aviation Commission requirements, and (3) coverage maps that include all of the applicant's existing and planned towers, antennas, micro-cells, and repeaters in the coverage area and abutting municipalities. (6) Evidence that there is no alternative site that is available and technically feasible in North Andover or an abutting municipality. Such evidence shall include an analysis by a qualified Radio Frequency Engineer of the gaps in coverage if other sites were to be used. If there is an alternative site which would provide a location to close the purported substantial gap in coverage, then the applicant must document all efforts, and results thereof,to evaluate, and obtain rights to use, the alternative site. (7) Evidence that the applicant has analyzed, as an alternative, the feasibility of using a"repeater" to provide coverage to the intended service area. (8) A description of the capacity of the Facility, including, in the case of a monopole,the number and types of antennas that it can accommodate and the basis for calculation of capacity. Description of the proposed equipment should include data as to noise, certified by an acoustical engineer, and the beam widths at ground level for the energy outputs from each Antenna sector and degree of down-tilt of each Antenna. (9) A listing of the state and/or federal permits, licenses or approvals acquired or needing to be acquired for the proposed installation. (10)A description of the terms of any co-location agreements between the Applicant and any Personal Wireless Service provider. (11)A copy of the most recently recorded plan and deed for the property on which the Facility will be placed and specific documentation which shows that the applicant has the legal authority by way of ownership, purchase and sale agreement, lease or otherwise, to use the subject property for the intended purpose. iii) Siting Filing Requirements: A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer or Registered Land Surveyor in the Commonwealth of Massachusetts showing the following: (1) Property lines for the subject property and property lines of all properties within 600 feet of the proposed location. (2) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height. j (3) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all I I, 19 I I i 3 _ illl properties adjacent to the subject property. (4) Location of all roads, public and private, on the subject property and on all adjacent properties within 600 feet including driveways proposed to serve the wireless service facility. (5) Proposed location of antenna, mount and equipment shelter(s). (6) Proposed security barrier, indicating type and extent as well as point of controlled entry. (7) Distances, at grade, from the proposed wireless service facility to each j building on the vicinity plan. (8) Contours at each 2 feet AMSL for the subject property and adjacent properties within 600 feet. (9) All proposed changes to the preexisting property, including grading, vegetation removal and temporary or permanent roads and driveways. (10) Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the wireless service facility. (11) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below. (12) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission, only if a filing with the Conservation Commission is required. iv) Sight lines and photographs: (1) Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. (2) Preexisting (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 600 feet. (3) Proposed (after condition)photographs. Each of the preexisting condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built. (4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexisting public and private roads that serve the subject i i 20 III property. Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following: (a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit. (b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier. (c) Any and all structures on the subject property. (d) Preexisting trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned. (e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL. v) Design Filing Requirements for Co-Location: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. vi) Design Filing Requirements for Monopole Facilities: (1) Equipment brochures for the proposed wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, 21 3 I, i and security barrier, if any. (2) Materials of the proposed wireless service facility specified by g eneric type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts equipment shelters cables as well as cable runs and security y barrier, if any. (3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. (4) Dimensions of the wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. (5) Appearance shown by at least two photographic superimpositions of the wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth. (6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species. (7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height_of the proposed facility. Upon notice that such a test will be required, the Applicant is responsible for making arrangements with the Board's staff so that notice of the test may be included in a newspaper of local circulation, which notice shall be paid by the applicant. Photographs of the actual test from a suitable number of locations so as to depict the visual impact of the proposed facility on the Town shall be submitted to the Board at the public hearing. (8) If lighting on the site is required by the FAA, the applicant shall submit a manufacturer's computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed. (9) No commercial signage or advertising may be affixed to any monopole or other wireless service facility. (10)The applicant shall provide design details for the foundation of a proposed monopole, the connection of the proposed monopole to the foundation and the breakaway points of the proposed monopole. (11)The Town may retain a technical expert or experts to review, and report upon, the application. The cost for such technical experts will be paid at 22 � f I the expense of the applicant. vii) Structural Integrity Filing Requirements (1) At the time of application for a special permit for a monopole or stealth antenna the applicant shall provide certification by a structural engineer that the monopole or stealth antenna is structurally sound for the proposed facility. (2) Monopoles must at all times be maintained in good and safe condition. The Personal Wireless Service provider shall arrange for a professional structural engineer licensed in Massachusetts to inspect and review a monopole and all accessory buildings upon completion of construction to certify these structures are in sound condition. A report of the engineer's findings shall be filed with the Town Building Commissioner at the completion of construction of the monopole. The SPGA may require such an engineer's report to be filed after the fifth year of operation of the monopole facility and every five years thereafter. Failure to provide such a report may result in enforcement action by the Building Commissioner in accordance with Section 10.1 of this Zoning Bylaw. All costs for the inspection shall be borne by the carrier. Should the engineer or the Town Building Commissioner deem the monopole not to be sound, the owner of the monopole shall submit to the Town, within ten (10) business days, a plan to remedy the structural defect(s). Upon approval of the plan by the Building Commissioner, the remediation plan shall be completed as soon as is reasonably possible. viii)Noise Filing Requirements (1) The applicant shall provide a statement listing the preexisting and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following: (a) Preexisting or ambient: the measures of preexisting noise (b) Preexisting plus proposed wireless service facilities: maximum estimate of.noise from the proposed wireless service facility plus the preexistent noise environment. (c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet Department of Environmental Protection requirements and Section 8.9(4)(d). ix) Radiofrequency Radiation (RFR) Filing Requirements (1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions 23 3 standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies and power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. (2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations: (a) Preexisting or ambient: the measurement of preexistent RFR. (b) Preexisting plus proposed wireless service facilities: estimate of RFR from the proposed wireless service facility plus the preexisting RFR environment. (c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Regulations and Guidelines and the Radiofrequency Radiation Standards subsection of this Bylaw. x) Federal Environmental Filing Requirements (1) At the time of application filing, an Environmental Assessment (EA) that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC (2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service !, facility that are considered hazardous by the federal, state or local government. xi) Waiver. The SPGA may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed wireless service facility. 6) Co-location a) If feasible, wireless service facilities shall be located on preexisting structures provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible preexisting structures upon which to locate. If the applicant demonstrates to the satisfaction of the Planning Board that it is not feasible to locate on a preexisting structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings, and placement within trees. b) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are standalone facilities. Applicants are encouraged to locate within a preexisting structure having wireless facilities when feasible and when such a co-location does not interfere with structural integrity and does not result in a major change to the 24 I appearance of the structure. Applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes: i) A survey of all preexisting structures that may be feasible sites for co-locating wireless service facilities; ii) Contact, with all other licensed carriers for commercial mobile radio services j operating in the Commonwealth of Massachusetts; and iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. c) The Planning Board may retain a technical expert in the field of RF engineering and/or a structural engineer to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Planning Board may deny a Special Permit to an applicant who has not demonstrated a good faith effort to provide for co-location, d) If the applicant does intend to co-locate or to permit co-location, the Planning Board shall request drawings and studies that show the final appearance and operation of the drawing service facility at full build-out. e) If the Planning Board approves a co-location for a wireless service facility site, the Wireless Facilities Special Permit shall indicate how many facilities and of what type shall be permitted on that site. Facilities specified in the original Special Permit approval shall not require another Wireless Facility Special Permit, however, the addition of any facilities not specified in the original approved Special Permit shall require a new Special Permit. This allows a carrier to "pre- permit" a site for additional facilities so that the original carrier will not have to apply for an additional Special Permit. f) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators. 7) Modifications A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility (but the Planning Board may waive certain filing requirements when the Board deems it appropriate to do so) and will require a Special Permit rather than a modification when the following events apply: i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing. ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the wireless service facility in one or more of the following ways: (1) Increasing the number of facilities permitted on the site; (2) Change in technology used for the wireless service facility. 8) Monitoring and Maintenance 25 a) After the facility is in operation, the applicant shall submit to the Community Development Office within 90 days of beginning operations, preexisting and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance, j or why the measurements fail to comply with all applicable FCC Guidelines and i Regulations. The measurements shall be submitted for both the applicant and all co-locators. b) After the wireless service facility is in operation the applicant shall submit to the Community Development Office, within 90 days of the beginning of operation, preexisting and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards sub-section8.9.4.d of this Bylaw. c) The applicant and co-applicant or their successor in interest shall maintain the wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer and landscaping. 9) Abandonment or Discontinuation of Use a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Community Development Office by certified US mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless service facility shall be considered abandoned upon discontinuation of operations. b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to: i) Removal of antennas, mount, equipment shelters and security barriers from the subject property. ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations. iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition. c) As a condition of any special permit for the placement, construction or modification of a wireless service facility,the SPGA may require a carrier to place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the 26 3 authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost. d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier and the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility. 10)Reconstruction or Replacement of Existing Towers and Monopoles Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 of this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non- conforming structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. 11)Performance Guarantees a) The Planning Board may require insurance in a reasonable amount determined and approved by the Planning Board after consultation at the expense of the applicant with one (1) or more insurance companies, to be in force to cover damage from the structure, or damage from transmissions and other site liabilities and may require annual proof of said insurance to be filed with the Planning Board. b) Annual certification, if required by the standards of the Federal Communications Commission, or Federal Aviation Administration or the American National Standards Institute, shall also be filed with the Community Development Office by the Special Permit holder. 12)Exempt Facilities: Municipal Emergency Wireless Service Facility Wireless service facilities necessary to provide and ensure adequate town-wide coverage for public safety communications to include Police, Fire, Ambulance, Emergency Medical Services, and Emergency Management shall be exempt from the provisions of this bylaw. Commercial or private wireless service facilities, unless they are under contract with the Town of North Andover to provide public safety communication, shall not co-locate on or utilize a municipal emergency wireless service facility and shall not be exempt under this section. Further, if said 27 I municipal emergency wireless service facility is to be located on rivate property, P the Town must obtain the permission of the landowner. 13)Public discussion of litigation settlement At least ten (10) days prior to each public hearing of the Planning Board where a public discussion is to occur regarding any proposed settlement of litigation commenced by an applicant under this section, the Planning Board shall send notice at the applicant's expense of such public discussion by certified mail to all abutters within 300 feet of the proposed Facility. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover; Or to take any other action relative thereto Board of Selectmen Article 14. Amend Zoning Bylaw — Section 3 Zoning Districts and Boundaries, Subsection 3.1 Establishment of Districts. To see if the Town will vote to add a new district to the list of designated districts within the bylaw. Section 3, Subsection 3.1, is to be amended adding at the end of listed districts, the text shown as underlined Wireless Telecommunications Overlay District And further that the non-substantive changes to the numbering of this bylaw by the town clerk be permitted in order that it be in compliance with the numbering format of the Zoning Bylaws of the Town of North Andover; Or to take any other action relative thereto. Board of Selectmen Article 15. Tax Increment Financing Plan — 4 W High Street, Mansur Investments, Converse, Inc. and /or Schneider Electric. To see if the Town will vote to approve a proposed Tax Increment Financing Plan for 4 W High Street, Assessors Map 54, Block 1, Mansur Investments, Converse, Inc. and/or Schneider Electric, (hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an agreement with the owner of the property for a parcel of land and buildings thereon. The property shall be designated as a Tax Increment Financing Zone, which as defined in the proposed TIF Plan presents exceptional opportunities for increased economic development. As outlined in the proposed TIF Plan, the Town shall provide for an exemption of property taxes or a percentage thereof based on the incremental increase in 28 property value in assessed valuation of the property for a period of not more than 20 years and a full or partial exemption from personal property taxes in accordance with the requirements of MGLs, Chapter 23A, Section E, Chapter 40, Section 49 and Chapter 59, Section 5 and pursuant to 751 CMR 1.04(1)(b) and 402 CMR 2.18. In return for such tax benefits, in accordance with the proposed TIF Plan, the owner of the property shall ensure at the above property the location and expansion of manufacturing, research and development or other like uses which increase job creation, provide higher property values and retain and/or expand industry in the Town and the Commonwealth; Or to take any action relative thereto. Board of Selectmen Article 16. Adoption of Massachusetts General Laws Chanter 64L Section 2(a) - Local Meals Excise Tax. To see if the Town will vote to accept Massachusetts General Laws Chapter 64L Section 2 (a)to impose a local meals excise; Or to take any other action relative thereto. Petition of Rebecca Abbott and others Article 17. Raise and Appropriate Additional Funds for Fiscal Year 2012. To see if the Town will vote that the following additional funds be allocated to the FY 12 General Fund budget and for the enumerated Special Reserve Funds contingent upon a Proposition 2 1/2 Operational Override being approved at an election called by the Board of Selectmen pursuant Massachusetts General Law Chapter 59, Section 21C: School Department (increases in labor contracts, principally new contracts and existing contract increases for teachers and nurses) $2,000,000 Group Insurance, Special Reserve Fund for Unfunded Post-Retirement Health Insurance Benefits due Employees as of June 30,2010 $7,500,000 Pension Benefits, Special Reserve Fund for Unfunded Pension Plan Costs due employees as of June 30,2010 $2,200,000 Other Post Retirement Benefits, Special Reserve Fund $ 300,000 TOTAL $ 12,000,000 And to further request approval for a Home Rule Petition to establish the three aforementioned Special Reserve Funds that would be required to be annually funded from 29 I any proceeds resulting from an affirmative Override Vote solely for these purposes until such time that the funds equal the actuarial liability owed by the Town of North Andover; or to take such other actions thereto. Comment: This Article would (1) provide funds needed to prevent substantial future layoffs of town and public safety personnel and teachers due to new labor contracts being presented to Town Meeting for approval by funding any portion of the School Committee budget line item affirmatively that contains these contracts (2) start funding the existing obligations of the Town of North Andover of over $200,000,000 in unfunded Other Post-Retirement Health Insurance , Pension Obligations and Other Post Retirement Obligations debts that have been incurred by the Town and remain unpaid and unfunded by other funds. The purpose of this Article is to make the citizens aware of these current existing liabilities that are unfunded and proposed a funding financial alternative prior to the Town being forced to declare bankruptcy and/or ordered to raise taxes to fund these obligations. Robert Petition of R ert Ercolini and others Article 18. General Fund Appropriation Fiscal Year 2012. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; Board of Selectmen FY11 FY12 FY12 FY12 RECAP DEPT Town Mgr Board of REQUEST Recmm'd Selectmen January 2011 Town Mgr & Finance Com. Recmm'd Revenues & Other Financing Sources Operating Revenues Property Taxes 58,574,724 60,412,942 60,412,942 60,412,942 Local Receipts 8,215,833 8,300,663 8,320,663 8,495,663 State Aid 8,700,845 7,871,974 8,562,996 8,543,374 Operating Transfers 1,322,517 1,423,962 1,423,962 1,463,962 30 Total Operating Revenues 76,813,919 78,009,541 78,720,563 78,915,941 Other Fin. Sources Free Cash 690,952 0 0 0 Overlay Surplus 0 0 0 0 Others one time revenues 173,676 127,500 127,500 127,500 Total Other Fin Sources 864,628 127,500 127,500 127,500 Total Opr. Rev. & Fin Sources 77,678,547 78,137,041 78,848,063 79,043,441 FY11 FY12 FY12 FY12 RECAP DEPT Town Mgr Board of REQUEST Recmm'd Selectmen January Town Mgr & 2011 Finance Com. Recmm'd Operating Expenses GENERAL GOVERNMENT Town Moderator 825 825 825 825 Selectmen/Town Manager 291,204 293,491 288,341 288,341 Asst. Town Manager 98,365 49,320 48,427 48,427 Human Resources 0 77,685 77,685 77,685 Town Accountant 211,637 234,852 231,271 231,271 Finance Committee 795 795 795 795 Treasurer/Collector 310,151 298,104 296,368 296,368 Assessing 303,236 313,016 304,315 304,315 Legal 225,000 250,000 200,000 200,000 Town Cleric 346,820 314,616 310,435 310,435 Community Development 198,630 203,912 198,896 198,896 Planning 112,086 110,560 108,004 108,004 Conservation 83,005 89,389 83,832 83,832 31 Board of Appeals 31,015 33,819 33,204 33,204 2,212,769 2,270,384 2,182,398 2,182,398 PUBLIC SAFETY Police Department 4,286,662 4,616,929 4,206,567 4,206,567 Fire Department 4,373,400 4,633,452 4,318,201 4,318,201 Inspectional Services 242,102 257,684 251,255 251,255 Emergency Management 21,237 21,446 21,342 21,342 8,923,401 9,529,511 8,797,365 8,797,365 EDUCATION N A Public Schools 36,984,521 38,313,984 36,633,578 36,847,861 0 0 0 0 36,984,521 38,313,984 36,633,578 36,847,861 I PUBLIC WORKS Administration 363,451 399,217 391,948 391,948 Street& Sidewalks 755,000 826,616 731,266 771,266 Solid Waste Recycling 1,294,425 1,298,975 1,293,975 1,293,975 Fleet Maintenance 274,776 278,238 274,238 274,238 Structures & Grounds 482,564 533,769 522,540 522,540 Snow& Ice Removal 740,086 740,086 775,000 752,448 3,910,302 4,076,901 3,988,967 4,006,415 HEALTH & HUMAN SERVICES Health Department 191,953 198,627 215,835 215,835 Elder Services 245,578 253,620 202,863 242,863 Youth Service 245,156 280,498 203,197 243,197 Veterans Service 259,464 281,323 280,394 280,394 942,151 1,014,068 902,289 982,289 CULTURE & RECREATION Stevens Library 827,510 875,607 788,357 828,357 Festivals Committee 0 0 0 0 Recreation 0 0 0 0 Historical Commission 0 0 0 0 827,510 875,607 788,357 828,357 SUPPORT SERVICES Outside Auditing 51,000 60,000 60,000 60,000 Purchasing 62,900 49,769 48,876 48,876 Information Technology 859,293 1,074,922 988,187 988,187 32 Structures and Grounds 20,000 100,000 100,000 100,000 993,193 1,284,691 1,197,063 1,197,063 DEBT SERVICE Excluded - Principal - Long Term 2,529,856 2,564,856 2,564,856 2,564,856 Excluded - Interest- Long Term 638,713 540,924 540,924 540,924 Excluded - Interest- Short Term 0 0 0 0 Included- Principal - Long Term 3,044,825 3,428,767 3,428,767 3,428,767 Included- Interest- Long Term 699,266 682,889 682,889 682,889 Included - Interest- Short Term 0 0 0 0 6,912,660 7,217,436 7,217,436 7,217,436 EMPLOYEE BENEFITS Retirement Assessment 2,803,785 3,002,779 3,002,779 3,002,779 Workers Comp 228,626 250,000 250,000 250,000 Unemployment Compensation 200,000 200,000 237,400 200,000 Group Insurance 8,396,967 10,524,071 9,974,071 10,161,071 Payroll Taxes 600,000 600,000 600,000 600,000 Police & Fire Accident & 75,000 75,000 75,000 75,000 Sickness Inc. 12,304,378 14,651,850 14,139,250 14,288,850 LIABILITY INSURANCE 293,688 301,030 301,030 301,030 Regional Schools 362,832 511,158 275,000 243,594 School Building Committee 900 900 900 900 363,732 512,058 275,900 244,494 Total Non - Departmental Cost 19,874,458 22,682,374 21,933,616 22,051,810 Annual Town Meeting Vote 74,668,305 80,047,520 76,423,633 76,8931 558 33 i CAPITAL & RESERVES Finance Committee Reserve 0 0 0 0 Transfer to Payroll Stabilization 0 50,000 50,000 0 Fund Transfer to OPED Reserve Fund 0 92,000 92,000 0 Transfer to Stabilization Fund 373,167 0 0 0 Deficits ( Snow and Ice) 248,432 0 0 0 Deficits (overlay) 3,858 0 0 0 Deficits ( Stevens Estate) 0 0 0 0 Overlay 300,000 300,000 300,000 300,000 925,457 442,000 442,000 300,000 STATE ASSESSMENTS Spec Ed 0 0 4,778 4,778 Mosquito Control 85,167 85,167 85,843 85,843 Retired Teachers Health 1,632,652 1,539,000 1,538,062 1,405,517 Insurance Air Pollution Districts 8,470 8,470 8,484 8,484 Regional Transit 174,085 174,085 172,662 172,662 RMV Non Renewal Surc 17,460 17,460 20,640 20,640 School Choice 19,412 19,412 30,162 30,162 Charter School Assessment 69,709 69,709 72,710 72,710 Essex County Agricultural 61,448 61,448 49,087 49,087 Assessment 2,068,403 1,974,751 1,982,428 1,849,883 General Fund Budget 77,662,165 82,464,271 78,848,061 79,0431 441 34 MOTION: MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2012 GENERAL FUND AS FOLLOWS: FINANCE COMMITTEE/ BOARD OF SELECTMEN/ TOWN MANAGER RECOMMEND FY 12 GENERAL GOVERNMENT 2,182,398 PUBLIC SAFETY 8,797,365 NA SCHOOL 36,847,861 SNOW AND ICE REMOVAL 752,448 ALL OTHER PUBLIC WORKS 3,253,967 HEALTH AND HUMAN SERVICES 982,289 CULTURE AND RECEREATION 828,357 SUPPORT SERVICES 1,197,063 DEBT SERVICE 7,217,436 EMPLOYEE BENEFITS 14,288,490 LIABILITY INSURANCE 301,030 CAPITAL AND RESERVES 0 FINANCE COMMITTEE RESERVE 0 GREATER LAWRENCE TECH SCHOOL 243,954 SCHOOL BUILDING COMMITTEE 900 FOR A TOTAL APPROPRIATION OF $76,893,558 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE - GLSD $ 1347526 FROM SPECIAL REVENUE - COMM PROGRAMS $ 65,700 FROM SPECIAL REVENUE -YOUTH SERVICES $ 40,000 $ 240,226 Or to take any other action relative thereto. 35 3- Article 19. Establishment of Special Stabilization Fund-Reserve for Future Payroll. To see if the Town will vote to establish a special stabilization fund for the pose of reserving funds to pay expenses related to fiscal years when additional payroll money must budgeted due to calendar changes and to raise and appropriate a sum of money to be placed in that fund; Or to take any action relative thereto. Board of Selectmen j tyBenefits Liability Trust Article 20. Transfer of Funds into the Other Post Employment Fund. To see if the Town will vote to raise and appropriate or transfer funds into the Other Post Employment Benefits Liability Trust fund; Or to take any action relative thereto. Board of Selectmen Article 21. Transfer of Funds into the Stabilization Fund. To see if the Town will vote to raise and appropriate or transfer funds into the Stabilization Fund; Or to take any action relative thereto Finance Committee Article 22. Appropriation of $40,000 to Maintain Current Program Manager Position in the Elder Services Department. To see if the Town will vote to appropriate the sum of $40,000 to be expended under the direction of the Elder Services Department for the purpose of maintaining the current position of Program Manager to prevent the elimination of essential services; Or to take any other action relative thereto. Petition of Elizabeth Poirier and others Article 23. Authorization to Transfer Funds from the Health Department Food Consultants Revolving Fund to the Health Department. To see if the Town will vote to transfer $40,000 from the Health Department Food Consultants Revolving Fund to the Health Department to be used to purchase truck monitoring equipment, Or to take any other action relative thereto. Board of Health 36 I i Article 24 . Water Enterprise Fund Appropriation-Fiscal Year 2012. To see if the Town will vote to appropriate the amount of $5,125,787 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,125,787 be raised from Water receipts and from these receipts $705,722 be transferred to the General Fund for indirect expenses; WATER ENTERPRISE FY12 Recommendation Town Manager Board of Selectmen FY11 Department Finance Budget Request Committee Personnel 623,494 648,321 644,965 Expense 1,300,465 1,475,384 1,475,384 Debt Service 2,791,277 2,299,716 2,299,716 Sub-Total Direct Expenditures 4,715,236 4,423,421 4,420,065 Admin/Indirect 658,016 705,722 705,722 Total Water Enterprise 5,373,252 5,129,143 5,125,787 Or to take any other action relative thereto. Board of Selectmen 37 E Article 25 . Sewer Enterprise Fund Appropriation-Fiscal Year 2012. To see if the Town will vote to appropriate the amount of $5,189,157 in aggregate, for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $5,189,157 be raised from sewer receipts and from these receipts $471,554 be transferred to the General Fund for indirect expenses; or to take any other action relative thereto. FY12 SEWER ENTERPRISE Recommendation Town Manager Board of FY11 Department Selectmen Finance Budget Request Committee Personnel 560,473 593,676 592,222 Expense 300,200 294,899 294,899 GLSD Assessment 1,642,900 1,725,000 1,725,000 Settlement 56,000 56,000 56,000 Debt Service 2,068,083 2,049,482 2,049,482 Sub-Total Direct Expenditures 4,627,656 4,719,057 4,717,603 Admin/Indirect 422,161 471,554 471,554 Total Sewer Enterprise 5,049,817 5,190,611 5,189,157 Board of Selectmen 38 i Article 26. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2012. To see if the Town will vote to appropriate the amount of$316,822 in aggregate for the purpose listed under column "FY12 Recommendation: Town Manager, Board of Selectmen Finance Committee" for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill j Enterprise Fund, that $316,822 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General Fund for indirect expenses; Or to take any other action relative thereto. STEVENSESTATE AT OSGOOD HILL ENTERPRISE FY12 Recommendation Town Manager FY11 Department Board of Selectmen Budget Request Finance Committee Personnel 103,282 107,087 107,087 Expense 143,442 163,275 163,275 Debt Service 0 0 0 Sub-Total Direct Expenditures 246,724 270,362 270,362 Admin/Indirect 46,460 46,460 46,460 Total Stevens Estate Enterprise 293,184 316,822 316,822 Or to take any other action relative thereto. Board of Selectmen 39 Article 27 . Capital Improvement Plan Appropriation Fiscal Year 2012. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44,the sums of money necessary to fund the Town Capital Improvement Program for Fiscal Year 2012 as detailed below, provided that,pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, Section 21C(k)": Fiscal Year 2012 CIP Board of Selectmen/ Town Manager Finance Com. Line# Project Description Fund Code Recommend Recommend General Fund 1. Roadway Improvements: B/N-G $ 390,000 $ 390,000 2. Fire Alarm Boxes and Panels B/N-G $ 113,000 $ 113,000 3. Internet Telephone System B/N-G $ 375,000 $ 375,000 4. Middle School Roof Replacement B/N-G $ 2,039,000 $ 2,039,000 5. Defibrillator Replacement B/N-G $ 43,000 $ 43,000 6. Police Station Parking Lot&Exterior Lighting BIN-G $ 125,000 0 7. Emergency Generator at Public Works Facility B/N-G $ 38,000 $ 38,000 8. School Dept. Data Storage and Integration B/N-G $ 82,000 $ 82,000 9. Vehicle Fuel Pump System B/N-G $ 45,000 $ 45,000 10. Dump Truck with Plow, Sander&Basin Cleaner BIN-G $ 210,000 $ 210,000 11. Sargent School Roof Replacement B/N-G $ 564,000 $ 564,000 12. Atkinson School Window Replacement B/N-G $ 1,277,000 $ 1,277,000 $5,301,000 $ 5,176,000 Sewer Enterprise Fund 13. Sewer Utility Truck B/N-S $ 78,000 $ 78,000 Water Enterprise Fund 14. Heating,Ventilating and Air Conditioning B/N-W $ 690,000 $ 690,000 15. Equipment At Water Treatment Plant Valve and Hydrant Replacements and Installation B/N-W $ 260,000 $ 260,000 S 950,000 TOTAL $6,329,000 $ 6,204,000 40 � F i Fund Codes Spelled Out Below BOS & Town Finance Funding Recommendation Code Mgr Totals CommitteeTotals Raise and Appropriate-General Fund R&A-G $ - $ Raise.and Appropriate-Water Enterprise R&A-W $ - $ - Raise and Appropriate-Sewer Enterprise R&A-S $ - $ - Bonds/Notes-General Fund B/N-G $ 4,985,916 $ 4,860,916 Bonds/Notes-Water Enterprise B/N-W $ 950,000 $ 950,000 Bonds/Notes- Sewer Enterprise B/N-S $ 78,000 $ 78,000 Total All Capital Projects(New Borrowing) $ 6,013,916 $ 5,888,916 Prior Year Borrowing $ 315,084 $ 315,084 Total Fiscal Year 2012 CIP $ 6,329,000 $ 6,204,000 that to meet this appropriation: (1) The Treasurer with the approval of the Board of Selectmen is authorized to borrow $6,013,916.00 under Chapter 44 of the Massachusetts General Laws or any other enabling authority, (2) a portion of the appropriation for item 1 above in the amount of $47,807.86 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective proj ect: Amount Proiect Date/Article Number Date of Bonds $ 4,379.25 Underground Storage Tank 05/14/07 06/15/09 Monitoring System Art 21 Sec. 11 2,341.38 Sidewalk Construction 05/14/07 06/15/09 Art. 21 Sec, 13 15,000.16 Roadway Improvements— 05/13/08 12/15/09 Autran Avenue Art. 14 Sec. 2 2,915.98 Financial Management 05/14/04 06/13/05 System Art. 11 Sec. 12 7,446.70 Waverly Road/Mass. 05/13/00 04/01/02 Avenue Art, 14 Sec. 15 1,265.22 Roadway Improvements 05/13/02 10/01/03 Art. 11 Sec. 19 14,459.17 Roadway Improvements 05/12/03 06/08/05 Art. 13 Sec. 14 $ 47,807.86 41 i (3) a portion of the appropriation for item 2 above in the amount of$59,989.15 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $ 12,234.78 School Bldg Consult Fees 03/30/89 09/15/90 Art 5 STM 3,465.89 Student Management 05/13/08 06/15/09 Software Art. 14 Sec. 8 44,288.48 Replace Athletic Fields- 05/13/00 04/01/02 high school Art. 14 Sec. 16 $59,989.15 (4) a portion of the appropriation for item 4 above in the amount of$179,865.95 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective proj ect: Amount Project Date/Article Number Date of Bonds $61,794.78 Kittredge Heating System 05/13/02 10/01/03 Art. 11 Sec. 1 15,158.06 Bradstreet School Sprinkler 05/13/02 10/01/03 System Art. 11 Sec. 8 9,430.43 Camera/Door Security 05/12/03 06/08/05 System Art. 13 Sec. 2 3,800.00 Sargent School Deck 05/12/03 06/08/05 Roofing Art. 13 sec. 3 13,289.88 Franklin School Windows 05/12/03 06/08/05 Art. 13 Sec. 4 17,632.61 Kittredge School Windows 05/12/03 06/08/05 Art. 13 Sec. 5 14,753.02 Sargent School Ventilation 05/09/05 09/20/06 Art. 10 Sec. 1 19,112.87 Elementary School Const. 05/04/92 01/15/98 Art. 12 24,894.30 Middle School Construction 05/02/95 01/15/98 Art. 12 $179,865.95 42 (5) a portion of the appropriation for item 10 above in the amount of$27,421.04 shall be funded with the transfers from the following projects in the amounts set forth below, said sums representing excess bond and note proceeds not needed for the completion of the respective proj ect: Amount Proiect Date/Article Number Date of Bonds $ 6,400.00 Replace Roof on Fire 05/14/07 06/15/09 Station 2 Art 21 Sec. 7 2,099.55 Equipment— 1 Ton Dump 05/14/07 06/15/09 Art. 21 Sec. 14 2,937.00 Equipment—Dump Truck 05/13/08 06/15/09 w/Sander Art. 21 Sec 15 2,894.00 Equipment—Cab and 05/14/07 06/15/09 Platform Truck Art.21 Sec. 16 6,881.56 Tractor—Multi Purpose— 05/13/08 06/15/09 2009 Art. 14 Sec. 6 6,208.93 Town Hall Phase I 05/13/02 10/01/03 Art. 11 sec. 9 $27,421.04 (6) that with respect to the appropriations above for school projects listed as items 4, 11 and 12 above, consisting of$2,039,000 for roof replacement at the Middle School located at 495 Main Street, $564,000 for roof replacement at the Annie L. Sargent Elementary School, located at 300 Abbott Street, and $1,277,000 for windows replacement at the Atkinson Elementary School, located at 111 Philips Brooks Road, all in the Town (collectively, the "Projects"), such proposed repair projects would materially extend the useful life of the schools and preserve assets that otherwise are capable of supporting the required educational programs, said sums to be expended under the direction of the School Building Committee; that the Town of North Andover acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the Town of North Andover incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town of North Andover; provided further that any grant that the Town of North Andover may receive from the MSBA for the Projects shall not exceed the lesser of(1) forty-seven and 42/100 percent (47.42%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the Town of North Andover and the MSBA. And that the Board of Selectmen is authorized to take any other action in relation to these projects. Or take any other action relative thereto. Board of Selectmen 43 Article 28. Amend Zoning Bylaw-Amend 4.122.14-Resident 4 District-Permitted Uses. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw by deleting the existing Section 4.122.14Aa and Section 4.122Ab and replacing them with the following: 4.122.14 Residence 4 District(Permitted Uses) A. Dwelling Types a. One family dwellings and existing two family dwellings. b. Additional two family dwellings by Special Permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14D of this Bylaw; And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; Or to take any other action relative thereto. Petition of Charles H. Foster and others 44 Article 29. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; LIST OF APPROPRIATIONS COMMUNITY PRESERVATION FUNDS Description Amount Category North Andover Historical Society: Master $50,000 Historical Preservation Plan for restoration and preservation of Historical Society Properties Stevens Estate: Master plan for facility $50,000 Historical Preservation restoration and preservation Main Street Fire House: Refurbishment of $48,500 Historical Preservation Infrastructure Preservation of Historical Records (Phase V) $40,000 Historical Preservation Fountain Drive: Full preservation/restoration $300,000 Affordable Housing of sidewalks and common open areas Town Farm: Construction of new playing $150,000 Recreation/Open Space fields off Dale St. (subject to change in State Law to permit CPA funding for existing town properties) Principal Repayment: Windrush Farm $638,000 Open Space Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $1,306,500 Or to take any other action relative thereto. Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 45 i Article 30. Petition the General Court-Municipal Group Insurance Committee Legislation. To see if the Town will vote to petition the General Court to adopt the following law: Municipal Group Insurance Committee (GIC) Legislation Any city or town accepting the provisions of this section may establish and maintain a committee known as a "Group Insurance Committee" consisting of seven (7) members to be constituted as follows: Four (4) persons, who are not eligible to receive Town Insurance Benefits, to be appointed by the Mayor or Board of Selectmen, two (2) persons to be elected by the organizations of the governmental units' employees, and one (1) person who shall be a retiree of the city or town who shall be appointed by the Mayor or Board of Selectmen. Four (4) members of said committee shall constitute a quorum. Said committee shall act upon the majority vote of a quorum at any meeting held in conformity with the provisions of Massachusetts General Laws Chapter 39, Section 23B. The Group Insurance Committee shall have the full and final authority to determine changes in any design or composition of any and all group general or blanket, hospital, surgical, medical, dental, and other health insurance plans, including, but not limited to, the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12 of Chapter 32 of the General Laws. Any plan design changes may include, but not be limited to, changes to employer/employee contributions levels, co-pay amounts and deductibles. Such changes as the Group Insurance Committee shall deem appropriate shall be effective as of the date of said changes are voted upon by the committee and shall not be subject to collective bargaining under the provisions of Chapter 150E of the General Laws. This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by the majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the Mayor; in a town, by vote of its Town Meeting, in a regional school district, by the vote of the regional district school committee; Or to take any action relative thereto. Board of Selectmen 46 Article 31. Petition the General Court: Special Act to Exempt the Town of North Andover from Portions of the Prevailing Wage Act. To see if the Town will vote to Authorize the Board of Selectmen to Petition the General Court of the Commonwealth of Massachusetts to exempt the Town of North Andover from the provisions of Massachusetts General Laws, Chapter 149, Sections 26 through 27G, the Prevailing Wage Law, so called, for projects estimated to cost $50,000 or less; Or to take any action relative thereto Board of Selectmen Article 32. Petition the General Court - Collective Bargaining Agreements-Town Meeting Approval of Funding. To see if the Town will vote to petition the General Court to require that the North Andover Town Meeting approve funding, by separate vote, of each collective bargaining agreement entered into by the Board of Selectmen and the School Committee; Or to take any action relative thereto. Board of Selectmen Article 33. Petition the General Court to Change the Town Charter: Chapter 4-7-1, Responsibilities for Disbursements. To see if the Town will vote to petition the General Court to change the Town Charter by adding the underlined language and removing the text shown as stricken to read as follows: Section 7 Responsibilities for Disbursements Chapter 4-7-1: Warrants for the payment of town funds, prepared and signed by the town accountant in accordance with general law procedures shall be submitted to the Town Manager, and his approval there of shall be sufficient authorization for payment by dir-eeter of the , ivisie ^wee) the treasurer or his designee, provided, however, that at least !IaFe one selectman designated by the full board of selectmen shall approve all warrants in the manager's absence or in the event of a vacancy in his office. Or to take any action relative thereto. Board of Selectmen 47 Article 34. Petition the General Court—Age Exemption — Sean C. Lewis Sr. —Firefi hter. � n � To see if the Town will vote to Petition the General Court to enact Legislation so that Sean C. Lewis, Sr. shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Sean C. Lewis, Sr. shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws and regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; Or to take any other action relative thereto. Petition of Sean C. Lewis, Sr. and others Article 35. Town BY-Law,Amend Chapter 146 Recreational Uses on Lake Cochichewick A v n , and its Tributaries — Add New Section 146-2, Rules and Regulations. To see if the Town will vote to amend Town By-law, Chapter 146, by adding a new section as follows: 146-2 Rules and Regulations The Board of Selectmen is authorized to promulgate rules and regulations governing recreational uses on or near Lake Cochichewick and its Tributaries and any violations of those rules and regulations may be handled as a non-criminal offence in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. The fine for each offence shall be $50.00 and Harbor Masters, Police Officers and the Community Services Officers are the authorized enforcement officials; Or to take any action relative thereto. Board of Selectmen Article 36. Town By-Law, Amend Chapter 88, Dogs —Add New Section 88-9 —Vaccination Required for Dogs. To see if the Town will vote to amend Chapter 88-Dogs of the General Bylaws by adding a new Section-Section 9 to read as follows: § 88-9 Vaccination Required No person shall own or keep any dog or dogs within the Town of North Andover unless any such dog or dogs has received vaccination for rabies in a manner required by the Animal Control Officer or Health Agent for the Town of North Andover. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; I 48 Or to take any action relative thereto. Town Clerk Article 37. Amend General Bylaws Chapter 69 - Fire Alarms-Section 69-2 - Alarm Installation and Permit Requirements — Subsection E, Changing Effective Date from July 1, 2012 to July 1, 2014. To see if the Town will vote to amend Chapter 69 of the General Bylaws — Fire Alarms - Section E — 69-2 Alarm Installation and Permit Requirements — by adding the underlined language and removing the text shown as stricken to read as follows: § 69-2 Alarm Installation and Permit Requirements A. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. The issuance of permits and the imposition of fees shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. B. 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. C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of duty 1, 2012 July 1, 2014 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code - NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems- NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for the care and maintenance of the wireless master fire alarm box transmitting device. 49 G. The Fire Department will make every effort to insure the proper operation of the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre- approval of the North Andover Fire Department. i And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws of the Town of North Andover; Or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 38. Road Way Acceptance - Carter Field Road. To see if the Town will vote to accept Carter Field Road as a public way, as laid out by the Board of Selectmen, and as shown as "Carter Field Road" on a plan entitled, "Street Layout Plan, Carter Fields Subdivision prepared for Tara Leigh Development, LLC, Scale 1" = 40% Date March 14, 2011, by MHF Design Consultants, Inc." and to accept deeds to all related open space parcels and easements, shown on Plans recorded as Plan No. 14969 and Plan No. 14471 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. Or to take any action relative thereto. Planning Board Article 39. Authority to Dispose of Interest in Land (Rear of Chickering Plaza). To see if the Town will vote to transfer the care, custody and control of the interests of the Town in the way or paper street portion (plus or minus 1,000 sq ft) of the property known as Bunkerhill Street, which is appurtenant to the Town's ownership interest in the property at 200-203 Bunkerhill Street, shown on Assessors Map 84, Parcel 14 , to the Board of Selectmen for disposition and to authorize the Board of Selectmen to dispose of the interests of the Town in said way or paper street (at the rear of Chickering Plaza) upon terms and conditions that the Board of Selectmen deem to be in the best interest of the Town, even if the Town receives no consideration therefor; Or to take any action relative thereto Board of Selectmen 50 Article 40. Transfer of Town Owned Land to the Care, Custody and Control of the Conservation Commission. To see if the Town will vote to transfer the care, custody and control of two town owned parcels located on Berry Street, shown as Lot 12 and Lot 62 on Assessors' Map 108C, to the care, custody and control of the Conservation Commission pursuant to M.G.L. Chapter 40, Section 8C, said parcels further described as follows: Lot 1-E, containing 3.1 acres, more or less, and Lot 2-E, containing 3.010 acres on Plan of Land entitled: "Plan of Land located in North Andover, Mass., prepared for Reginald Landry; Scale: 1" = 40' " and recorded with North Essex Registry of Deeds as Plan No. 10082. For title reference, see Final Judgment in Tax Lien Case No. 105879, recorded with said Deeds at Book 6062, Page 220 and Final Judgment in Tax Lien Case No. 105880, recorded with said Deeds at Book 6062, Page 221; Or to take any action relative thereto. Board of Selectmen 51 And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Given under our hands this 25"'Day of April in the Year Two-thousand Eleven. Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. NORTH ANDOVER BOARD OF SELECTMEN Daniel P. Lanen Chairman William F. Gordon Jr Rosemary Connelly Smedile Donald B. Stewart Tracy M. Watson NORTH ANDOVER, MASSACHUSETTS Ga e L�f A. Bradshaw,Town Clerk A•ttOgt:-�,A'True C-4 52 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH OF�t�eu i4�N� Joyce A.Bradshaw Town Clerk ° ; ; Telephone(978)688-9501 * FAX(978)688-9557 no4A °° �OAT-'PP`ytj 9SSACHUS�� NOTICE OF DELAYED 2011 ANNUAL TOWN MEETING 2011 ANNUAL TOWN MEETING DELAYED FROM TUESDAY MAY 109 2011 UNTIL TUESDAY JUNE 79 2011 - 7:OOPM NORTH ANDOVER MIDDLE SCHOOL Pursuant to Massachusetts General Law Chapter 39 Section 9, I hereby give notice of the vote of the North Andover Board of Selectmen on May 2, 2011 to delay the 2011 Annual Town Meeting from May 10, 2011 until June 7, 2011 at the North Andover Middle School beginning at 7.00PM. Given under my hand this Thirteenth day of May in the Year Two Thousand Eleven Attest: A True Copy � f .Y 'I ,F 9 North Andover Massachusetts �/Jp:�ce A. Br dshaw, Town Clerk. CONSTABLE'S RETURN OF SERVICE I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within the Notice of Delay by posting true and attested copies thereof at the Town Office building and in a public place in each voting precinct in the Town at least seven days before the date of said meeting. Constable 6/ hate poRrH q O`Sreo .ar NO *�4R1Tao PPy.(J �SSACHUSE< 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 iradshaw(i�townofnorthandover.com OFFICER'S RETURN PURSUANT TO THE FOREGOING WARRANT, I HAVE WARNED AND NOTIFIED THE INHABITANTS OF THE TOWN OF NORTH ANDOVER WHO ARE QUALIFIED TO VOTE IN TOWN AFFAIRS TO BE AT THE TIME AND PLACE FOR THE PURPOSE MENTIONED WITHIN BY POSTING TRUE AND ATTESTED COPIES THEREOF AT THE TOWN OFFICE BUILDING AND ONE PUBLIC PLACE IN EACH VOTING PRECINCT IN THE TOWN AT LEAST SEVEN DAYS BEFORE THE DATE OF SAID MEETING. I ANNUAL TOWN MEETING—JUNE 7,2011 CONSTABLE -DATE I 0TEST- A-Trop py Town Clergy.` 3 E I Form 6 THE COMMONWEALTH OF MASSACHUSETTS F W OFFICE OF THE ATTORNEY GENERAL M W A ' d MUNICIPAL LAW UNIT w 1350 MAIN STREET, 4TH FLOOR (IC' `0WC ^M 5� SPRINGFIELD,MASSACHUSETTS 01103-1629 MARTHA COAKLEY ATTORNEY GENERAL Town: NORTH ANDOVER Date Town Meeting Convened: JUNE 7, 2011 Form .6—Relevant Laws or Special Authority Complete and sign the following. Questions 1-5 are mandatory. Following Question 5,ensure that you have signed and dated the"Certification"section of this form. Questions 6-7 are optional. 1.) Is any by-law submitted in this packet specially authorized or otherwise dependent upon the town's acceptance of a local option statute? Yes X No If yes, please attach to this page a copy of the town meeting vote or town by-law accepting the relevant statute and identify the warrant article(s)to which it applies. Articles 2.) Is any by-law submitted in this packet specially authorized or otherwise dependent upon a ` Special Act of the Legislature? Yes X No If yes, please attach to this page a copy of the Act and identify the warrant article(s)to which it applies. Note: This includes drafts of Special Acts that the town is in the process of obtaining. Articles 3.) Is any by-law submitted in this packet specially authorized or otherwise dependent upon the Martha's Vineyard Commission Act? Yes x No If yes,please attach to this page a copy of the Act and identify the article(s)to which it applies. Articles 4.) Is any by-law submitted in this packet specially authorized or otherwise dependent upon a provision of the town charter? Yes X? No If yes, please attach to this page a copy of the provision and identify the article(s)to which such provision applies. Articles Form 6 Page 1 of.2 Rev. 08/2007 Form 6 5.) Does any by-law submitted in this packet, create or amend a by-law adopted under M.G.L. c. 40R(smart growth zoning)? Yes X No Certification Except as stated in response to 1,2, 3,4, and 5 above,I certify that the amendments submitted for appr.,oValydo!'g6t.`depend for their validation on local option statutes, Special Acts of the Legislature, or on :provisions of'th'e`lown charter. 1 r.ertify that the'h4fdrmation attached is complete and accurate. � ' ��'+� �� JOYCE A. BRADSHAW JUNE 29,101 Signatute,of Town`-Clerk PRINT name Date signed Optional:', 6.) Is there a statute or regulation (state or federal)which, in the town's opinion, provides authority for adoption of any amendment submitted in this packet? Yes No If yes, please attach a copy of the statute or regulation to this page and identify the warrant article to which it applies. Articles 7.) Has the town submitted any by-law to the Attorney General that is identical or similar to a by-law j of another town? Yes No If yes, please attach a copy of the other town's by-law to this page and identify the warrant article to which it applies. Articles Form 6 Page 2 of 2 Rev. 08/2007 ! !I Form 7 THE COMMONWEALTH OF MASSACHUSETTS M OFFICE OF THE ATTORNEY GENERAL ' d MUNICIPAL LAW UNIT W 13 S 0 MAIN STREET, 4TH FLOOR °�M 5 SPRINGFIELD, MASSACHUSETTS 01103-1629 MARTHA COAKLEY ! ATTORNEY GENERAL i Town: NORTH ANDOVER Planning Board Meeting Date: Relative to Article(s): NO ZONING ARTICLES Form 7 Complete and sign the following. When necessary,you may need to use multiple copies of this Form 7. 1.) If applicable,date on which the proposed amendments were submitted to the Board of Selectmen: Amendments were originally proposed by: Date#1 (If not applicable,put N/A.) [Attachment#1,copy of original proposal.] 2.) If applicable,date on which the Selectmen submitted the proposed amendments to the Planning Board (must be within 14 days of Date #1, above): Date#2 (If not applicable,put N/A.) 3.) Date on which the first Notice of Planning Board hearing was published in a newspaper of general circulation in the town(must be at least 14 days prior to Date#10, below): Date#3 [Attachment#2,copy of the notice. Please mark Article number next to each Article referred to in the notice.] 4.) Date on which the second Notice of Planning Board hearing was published in a newspaper of general circulation in the town(must be sometime during the week immediately following the week in which Date #3,first published notice of Planning Board Hearing,falls): Date#4 [Attachment#3,copy of the notice. Please marls Article number next to each Article referred to in the notice.] 5.) Date on which Notice of Planning Board Hearing was posted in a conspicuous place in the Town Hall (must be at least 14 days prior to Date #10, below): Date#5 [Attachment#4,copy of the notice. Please mark Article number next to each Article referred to in the notice.] i ! Form 7 Pagel of 2 Rev. 08/2007