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Home My WebLink About1979-05-29''2 26.. CO~ONWEALTH OF NASSACNUSETT,~ ESSEX SS: to either of the Constables of the Town of North Andover: GREETINGS~ In the name of the Commonwealth of Massachusetts, and in accordance with Chapter 272 of the Acts of 1976, you are hereby directed to notify and warn th~' inhabitants of the Town of North Andovsr who are qualified to vote in TownAffairs, to'meet in the Veteran's Auditorium of.our North Andover Middle School on Tue&day. May29, 1979 at 7:1~ P.M., for a Special Town Meeting , thenand there to acz'upon the following Article: ARTICLE 1. To see if the Town will vote to take from Article 41 of the April, 1978 Town Meeting, the sum of $2,120.1~ for the purpose of compensating Susan St. Pierre for the work performed for the Planning Board during the period from March '19, 1979 to May 4, 1979. Petition of the Selectmen And you are hereby directed to serve this Warrant by'posting true and attested copies of this Warrant at the Town Office Building and at five or more public places in each voting precinct of the To~n.. Said copies to be posted not less than fourtee~ days before the time of said meeting. Her?of, fail not, and make due returns of this Warrant with your doings thereo~t the time and place of said meeting to the Town Clerk. , Gi~e~ under our hands at North Andover, Massachusetts, 7th day of May in the year of Our Lord One thousand nine ~undred and seventy-nine. Attrus copy. ATTEST: DANIEL LONG. · " TO~'1~ CLERK. May 8, 1979 Joseph A. Guthrie John W. Graham Thomas J. McEvoy C harl~'-A~ j ~ a.Ti'eb-ur~ ~ BOARD OF SELECTION ATTEST .................................... CONSTABLE O~'~'mCERS RETOEN I have notified and warned the inhibitants of th Town of North Andover who ar qualified to vote ~Town Affairs bv ~ost~ more public places in each vottns precinct of the Town. Said copies not havt~ been posted not less than fourteen days before the time of said meeting. Nol~h A,~8over, Nass. Nay/lO, 1979 CONSATABLE ................... SPECIAL TU..2~ ]~ETINGTUESDAYMAY 29, 1979 Meeting opened at 7.15 P.M. by Noderatoe Donald Smith. One Thousand Two Hundred Fifty Two (1252) Voters present. Quorum met. ARTICLE ~. VOTED UNANIMOUSLY TO ADOPT THE ARTICLE WARRANT COMMONWEALTH OF MASSACHUSETTS To either of the Constables o[ the Town of North Andovcr F~SEX SS: To either of the Constablas of the Town of North Andover:. GREETINGS: In the name of the Commonwealth of Mozsachnsetts, and in comp]lance with Chapter 39 of the General Laws, and az recently amended by Chapter 8. Section 9A of the Acta of 1974 and our North Andover Town By-Laws, Article 1, Section 4. 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 in the Veteran's Auditorium of our North Andover Middle School on Tuesday, May 29,1979 at seven {7.'00) P.M., then and there to act upon the following Articles: ARTICLE 1. The election of Town Officers appearing on the hal]or have already been voted upon at the Annual Town Election on March 5, 1979. ARTICLE 2. To elect all Town Officers not required by law to be elected and expen- ditures as presented by the Selectmen. Petition of Selectmen ARTICLE 3. To see if the Town will vote to accept the report of receipts and expen- ditures as presented by the Selectmen. Petition of Selectmen ARTICLE 4. 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 General Petition of Selectmen ARTICLE 5. To see if the Town ~ll vote, that in the event the appropriations voted at this Town Meeting for general government purposes shall exceed any tax cap or tax limitation law imposed by the State on expenditures for general government pur- . poses, such actions shall ha intended as a vote of the Town to purposely override any such tax cap or tax l~mltation law. Petition of the Selectmen ARTICLE 6. To see if the Town will vote, that in the event the appropriations voted at this Town Meeting for the operation of the North Andover School De- partment shall exceed any tax cap or tax limitation law imposed by the State on expen- ditures for the operation of the North Andover Sckoo] Department, such actions shall be intended as a vote of the Town to purposely override any such tax cap or tax limita- tion hw.' Petition of the Selectmen ARTICLE 7. To see i~ the Town will vote. that in the event the by afine of not more than ten dotlar~.", ~o that it will read aa follow~. 'Any person who falls to comply with any outstanding order of restraint shall be deemed to have committed a breach of thL~ Chapter.' 10} Delete the lest paragraph of Artlde XI-A "Ifa complaint is sought under sald Scct£on 175A, (fit is t~e first offen~e subject to that Section w~thin a calendar year the pa~lment to the clerk of the court of a fine of fit, e dollars shall operate az a final disposition of the o~s~ Ifll is the second offense so committed in the calendar year, the pa3#nent of aline often dollars shall operate az a final disposition of the co~' (fit is the third offense so commit- ted in a calera~ar year the pa~nen t ora fine of f(fteen dollars shall so operate, and (fit it the fourth or subsequent offense so corn tnitted in the calendar year the pa~- mens of afine of twent!ffive dollars shall so operate." and insert in place thereof the fallowing: "The penalty for violation~ of this Chapter shall be in accordance with Chapter 140, Section 173A of the General Laws." III Delete Article XR Previous to the erection of a new building or the alteration of any existing one, notice shall be filed with the Beard of Assessors by the owner of the property. 12l Delete Article XII-B Every employee of the police. Fu'e and library departmenta as well as every employee in the town inFwraary and every clerical employee of the Town, except employees appointed or employed by the .school commlttee, who have completed six months o! continuous service, shall be granted leave without Io~s of pay for absence caused by sickness, injury or exposure to contagious disease or by serious illness or death of a member of the employee family, provided, however, that ex- cept when accumulated as hereinafter pro~qded such leave shall not aggregate more than fifteen working days in any year. and such leave not used in a year. may be accumulated up to but not exceeding thirty days of use in a subsequent year. Such leave not used prior to termination of any employee's service shall lapse and an employee shall not be entitled to any compensation in lieu thereof. 13) Delete Article XII-C Any board, officer or department having charge of any surplus and unneeded per- sonal property belonging to the Town may dispose of the same with the prior ap- pceval of the Selectmen. 14l Amend the By-Laws by changing the month of appointment for members of the Zoning Board of Appeals. the Gas Inspector and his aasistant, and the Wiring In- spector and his assistant to the month of April and that the terms of new ap- pointees shall commence on the l-n~t day o! May. 15) Amend the By-Laws by adding the following new section: "Violatlanz of any provisions of there by-laws or rule~ and regulations of any Town Department or Board may be handled as a noncriminal offense in ac- cordance with pceviainns of Chapter 40, Section 21 D. of the General Laws." 16) Amend the By-Laws by adding the follo'~ng new section: "If any provision of these By-Laws of the Town shall be held invalid, the malnder shall not be affected thereby.~ 17) Delete Article XIH, Section L which now reads as follows: "Any person v~olatlng any Bg-Laws of the Town shall be punished therefor by a fine of not more than fifty dollars for each such offense." and insert in place thereof the following: "Any person vfotat~ng any B~-Laws or Regulatioaz of the Town shal~ in cases not otheru~.se provfded for. be punished t~erefor by a fine of fifty dollars for each such offen~a" Amend the By-Laws by renumbering all the sections so that the By-Laws shall now read as inHows: Chapter 1: General Prov~inns gectinn 1.1 Date of Adoption The By-Laws contained herein shall be in force and effect on and after May 29, 1979. Section 1.2 Repeal of Previous B~fLaws All By-Laws or parts of By-Law~ heretofore adopted which are inconsistent ¥ot~ nt .the State, such ae~ns shall be intended as a vote of the Town to purposely overcide .. any such tax cap or tax l/mitation [. ARTICLE 8. To see what acGo..~. ...... fioas of the Advisory Co'mmit~ "*"~ IOW/I ~ take as to the budget teCOmmend~ ratmeo, or confirmed, or an~ rinht a?-25L~ o.-...or, auect any act done, .......... - sUi+ Petition of the ,Selectmen ABTICLg 9. To see ff the Town wHj vote to authorize the Treasurer with the ap- proval of the Selectmen, to borrow in anticipation year. all as provided by Chapter 44 of the of the revenue for the next F.u~d General Laws. Petition of ~electmen ARTICLE 10. To consider the reports of all Special Committees. Petition of Selectmen Petition of Selectmen ment, penalty, or forfeiture incurred under such By-Law. Section 1.3 Amendment Procedure These By-Laws may be amended or repealed at any Town Meeting, provid- ed, an arglcie or arGcies for that purpose have been inserted in the warrant of said meeting. Section 1.4 Sepambilitg Clau~e If any provLsion of these By-Laws shah be held invalid, the remainder shall not be afl. ted thereby. Section 1.5 PenaltgPro~.s~ons Any porson vinlating any By-Laws or Regulations of the Town shal/, in cases not otherwise provided for, bo punished therefor by a fine of filly dollars for each such offense. Section 1.6 2Voncn'mina/ =¥iolatio. ns of any provisions of these By-Laws or rules and regulations of any To~n Department or Board accordance with the provisions of Chapter 40, Section ~1 D. of the General Laws." 61 7l 8) 9) 21 H} 41 ARTICLE 12. To see if the Town will vote to appropciato for the use of the Stevens Memorial Library the sum of $5,919.00. which the Town has received from the Stale under the ' ' prowsmns of Chapter ?S, Section 19A of the General Laws· Petition of Trustees of Stevens Memocial Library ARTICLE 18. To see if the Town will'vot e to amend the By-Laws of the Town in the following manner:. II Amend Articie I, Section ~ to change the notice requ/rements for Special Town Meetings from =seven" days to 'fourteen" days. Amend Article !, Section 5. Sub.Section 6 to change the date of submission of an. nual budgets to the ' · Advtsury Commfltee from November Ist- to"December 15." Delete Article V. Section l The asse~ment of taxes shall be completed and the tax list and warrant shall be delivered to the Coiled. tot. of Taxes on or before the fifteenth day of August, and the tax bflis shall be dL~tributed on or before the second day of September in each year. Delete Article V. Section 2 The Collector of Taxe~ shah use all means and processes provided by law for the collection of taxes remaining unpaid after the first day of January of each year. Delete Articie V, Section 3 The compensation of the Collector of Taxes sllall bo fixed annually by vote of the Town. Delete Articie IX (this is the old sign By-Law which was replaced by a new one passed at the Apei] 1978 Town Meeting}. Delete Article X ' There shah bo an annual audit of the accounts of the Town to be made by the · the provisions of Chapler 44, of the General Laws. Amend the second sentence of the second paragraph in Article XI-A to include $10.00 Administrative fee so that the sentence would now read, ~An impounded dog shall bo released to its owner or keeper upon payment of an fee of $1t~O~ w~clt ~t waitwd o~ tAe ~rtt off erase, u~ the ed by the Selectmen) and it ~.-c-. · p/ poued fees(asestabEsh. Amend the last sent .... ; o~..,~, upon its being properly licensed 'An,.~rt~= ..t . .*."\~"""emunnparagraphinArficleXl.A w ichno~rea . t~ .~., who/mtn to ¢~mply U6tA o.p ouLrtandlng order of rehttr~nt al~alI ~ deemed to hape committed a breac~ of~ tAe BFl,~w =nd sAall be I~nitl~ed t~erefor Section 2.1 Date of Election~ Chapter 2: Town Meeting The Ann.ual Tow~ Meeting for election of officers shall bo held on the first Monday tn ]~inreh Section 22 Date of A nnual Burners Meeting After the election of Town Officer whose names appear on the official ballot, and the vote upon such questions as may also appear, the Annual Meeting in each year shall stand adjourned for the consideration of all other matters in the warrant to I'.30 o'ciock in the afternoon of the fourth Satur- day in April. at a place to be designated by the Selectmen in the warrant .for sa~d meeting The warrant shall also state the date and hour of said ad- JoucemenL Section 23 Adjournment When a Town Meeting shall be adjourned to a time certain that is more than fourteen days from thc time of adjournment, the T cause notice of the tim° ._.a _, . . . own Clerk shall at least before the time of holding said adjourned meeting, which notice shall also bcieliy state the business to COme before such meeting. Section Z4 Posting lVarrant The Warrant for any Town Meeting shall be directed to either of the Con- stables, who shall serve the same by posting a true and thereof at the Town Office Building and at five or more p u blic ~c~t_se~n ~Pc~ precinct of the Town. not less than se~'en days before an Annual Town Meeting and fourteen days before ~ Spedal Town Meeting. Section 2.5 Quorum No business shall bo transacted at any Annual or Special Town Meeting ex- cept by the unanhnous vote of those present and voting, unless there shall bo present at least 1.5% of the registered voters of the Town; provided however, that a number less than such quorum may adjourn such meeting from time to time. Section 2.6 ReconS~femtion VOte Unless the Mederator shall otherwise rule. for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall he entertained during that meeting or any adjourned session thereof. Section ~.7 Secret Ballots Upon motion duly any Annual or Special Town least of pre- Section 2.8 Section 2.9 sent at said Annual or Special Town Meeting, any article in the warrant for the said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. Approprlatlon~ t3loney Artizle~l An Article in the Warrant for any Town Meeting proposing that the Town vote to 'raise and appropriate' a sum of money for some proper purpe~e shall be taken to propose that the suggested appropriation may be met not only by taxation, but also by proper transfer from available funds in the Town Treasury, or by proper munlclpal berrowlng or by any or a com- bination of the~e sources of funds, all as the Town may vote. AFpropdation At Special Town 3geetings No article calling for the appropriation of funds shall be considered at any Special Town Meeting unless the proposed expenditure is ~-commended by the Selectmen and the Advisory Committee. Chapter 3: Administration Se~:tion 3.1 Selectmen {Al Town Defense The Selectmen, in addition to their general duties, shall have autberi- ty to defend suits brought against the Town, unless otherwise ordered by a vote of the Town. (B! Annual Report The Selectmen shall annually cause a report to be printed whlah shall contain a statement of their doings during the preceding Ihmnclal year, together with a report o! the School Committee, and o! such other officers, boards and committees as they may designate. Such reports shall contain detailed information as to the action of the Town taken at Town Meetings held since the last such report, and data as to such other matters as they may deem expedient or as the Town may - vote to have included therein. Such annual Town report shall be bound in pamphlet form, and shall be ready for distribution to any in- terested person prior to the Annual Town Meeting in each year. Section3.2 Adv~ory Committee (Al Organization There shall be an Advisory Committee conzisting of nine citizens o! the Town, other than Town officers, appointed or elected. The Moderator shall appoint three memberz each year for a terra of three years the terms of said members to expire on the thirtieth day of June~ For the initial committee to be appointed hereunder, the Moderator shall appoint three members for a term of three years, three members for a term of two years and three members for a term of one year, all of such terms to expire on the thirtieth of June at the end of such term. Any member of said Committee who shall be ap- pointed or elected to Town office or a committee or board other than the Personnel Board or the Capital Outlay Committee shall forthwith upon his qualification in such office, and any member who has remov- ed from the Town shall upon such move, cease to be a member of said Committee. The Moderator may rescind an appointment to the com- mittee if the appointee bez failed to attend one-half of its regular meetings and may Fdl any vacancy for the unexpired term. Said Committee shall choose its own officers. The members of .said Committee shall serve without salary. The Advisory Committee may employ, subject lo an appropriation therefor, a Secretary. In the event of any vacancy in its membership, the Advisory Commit- tee shall notify the Moderator in writing, and the Moderator shall thereupon f'dl such vacancy. {BI RecommendationsonArtlcles The Advisory all matters of business in- {B) Duties The committee shall annually prepare a Capital Budget Program for use by the Advisory Committee, the Planning Board, the voters and other Town Boards and Officials in their dcl/berations. The committee shall publish such report or a summary thereof in a suitable manner. deposit the original with the Town Clerk and present it to each An- nual Town Meeting for its action. Section 3A Counc/f on dglng (Al Organizatlon There is hereby established a local council on aging, con~-~ting of not less than seven nor more than aleven voting members. Of this number, the chairman, and not less than three nor more than five per- sons shall be appointed by the Selectmen. The chairman of the council, when appointed, shall designate the remaining members oftbe council from interested and representative groups in the community. (B) Duties The council shall be responsible to the Selectmen, and its members shall serve without compensation, and within the limits of availabla funds, it may appoint such clerks and other employees as it may re- quire. It shall be the duty of the council to carry out progearoz design- ed to meet problems of the aging in coordination with programs of the Mazsarhusetts Commission on Aging. formance guarantee for work authorized by any order issued by said Such work may be secured by a proper bend or a deposit of money or secure performance of the work authorized. Such bond or security ff lion by-Town Counsel. Release of any such performance guarantee pfiance with its order. Section 3.6 Zoning Board of Appeals There shall bo a Zoning Board of Appeals, which shall have the provisions of the Chapter 40A, Section 12 of the General Laws of the be appointed by the Selectmen for terms of such length and so arrang- ed, that the terms of one appointee will expire on April 30th of e. zch one of the assoclate members thereof to serve in the place of a regular during the farter's absence or disqualification. Section 3.7 Town Counzel A majority of a committee consisting of the Town Clerk, the Town Board of Selectmen. the Chairman of the Board of Assessors, the Chairman of the Board of Public Works, the School Committee Chair- riuded any warrant for a sbail ni't er due conslderat ion. make a report or ~commendstion as to each article. The recommendations shall be those of a ma' rit these present and votin~ ~ro-~'J ..... jo y of ol toe Comrmttee shal be present, but thts shall not be construed to prevent recommendations or reports by a majority of said committee. {C,I AutAority to lnvestigate De!oartmentt The. Advisory Committee shall have authority at any time to vest~gste the books, accounts and management of any department of the Town. and to employ such export and other assistance as deem advisable for that pu,'~.~e and ,L- ~_ . . it may cd~ ~p.~rtm~enLs .a. nd officers of the Town shall be open to the ins tion The Committee may a-'~-~ ---'~ _~,,p,o~.ee oy It lot that purpose. ue:egeze to znem such of its powers as it deems expedient. ~DI A nnual Budget The varinus Boards, Offeers aod C~mmilt ees charged with the expen- diture of each°f Town money shaH. not later than the fifteenth of December year. prepare detailed estlmnies of the amounts deemed them neee~ary for the ailmicistrnilon of their res tlve offi by departments for ibc ensnin~ Rscal ve,~ --'-~ · Pec lees or of the reasons for any changes from the amounts appropriated for the same purpose in the pr~-~cllng year. They shall also prepare estimates of all probable items of income which may be received by them during the ensnicgyear in COnnectinn with the administration of their departments or offices, and a statement of the amount of ap- propriation requested by them for the ensuing tiscal year. Such estimates and statements shall be iiled with the Town Ac~oantant who shall at once transmlt the same to the Advisory Committee. and shall be on forms approved by the Committee. The Advisory Committee shall duly consider ibc estlmales and statements fded by the Town Boards. Offeeca. ancl Committees and may confer with snid Hoards. Offcers, and Committees. and hold he~r- ings, if they deem it advisable. .~he Advisory Committee shall thereupon r~ommend such sums anil {E) Hearfngs and Report The Committee shall give at least one public hearing not less than ten days preceedlng the date of the Annual Business Meeting..~ upon all mailers io be conslilered hy them. They shall prepare and distribute among voters prior to said meeting, printod cOpies of such findings and recommeeclat~ons a~ they see fit to make. and shall report the ponses as may be necessary. (FI Rule~ and Regulatlon~ The Committee may make such rules and regulations, not inconsistent with this Section or any other By-Law of the Town or with the Genera] Laws of the Commonwenith of ~,iazsschusetts. as it may deem necessary and advisable, to carry out its duties and obfgaHons, ~ectlon 3~ Cal~tal Budget Committee [Al Orientation There is hereby e~tablished an unpnid COmmittee to be known as the Capital Budget Commitlee. composed of one member of the Advisory Committee. appointed ~y and h'om it. one member of P~annlcg Hoard appointed by and from it, the Town Accountant. ex-offclo, and four ad~t~onal roe .tubers to be a. ppnint ed by [he Selectmen. The members · - ~ner members shall originally be pointed for terms of one. tv,o. three and four years, and thereafter for four year terms. The terms of appointive members shall expire on m ~ne of the original appointments. Section 3.8 Section 3.9 Seeti0n 3.10 · Section 3.11 S~ilon 4.1 Section 4° annually i~ uno therefor, fix the compensation of an At~ resident of the Town and a member: ........ hall be a Commonweafh. to serve as Town '" Kuu- s~anmngofthe Ilar of the Counsel for the term of one year from the first day of July next following, and unt0 his successor shall have been duly appointed and qualified. Said committee shall fkewise fill any vacancy in said off/es for the unexpired term thereof. The Selectmen may employ Special Counsel to assist the Town Counsel whenever, in their judgment, the necessity therefor arises. {BI Dutie~ The Town Counsel shall, subject to the direction of the Selectmen, conduct the prosecution, defense or cOmpromise of all legal pro- eeedings to whirh lhe Town is a party and the prosecution or defense as the case may be, of nil legal proceedings by or against any Town of- ~cer, board or commiitee, ifc shall prepare or approve all legal in- struments to whirh the Town is a party or in whirh any right ofln- retest of the Town is in¥oived, shall ad~%e any Town officer, board or ~- -~ -..~s or .s oznc~al dui]es, and shall perform such other duties as may be imposed upon him hy these By-Laws or vote of the Town. Greater Lawrence Sanftar3t Di~tr~ct Representative The Selectmen shall have the power and authority to appoint, by majorL ty vote, members of the Greater La~Tence Sanitary Dlatriet, established by ~hapter 750 of the Acts of 1968. Gas lr~pector The Selectmen shall annually, in April, appoint a Gas Inspector who shall enforce the Rules and Reffulations promulgated by the Hoard originally established under Section I2H of Chapter 25 of the General Laws, and who shall have such other powers and duties as may be presc~'bed by isw. At the same time they shah appoint an Assistant Gas Inspector. who shall in the absence or other dLsabllity of the inspector, perform ~ duties as the Salec(men may direcL The Selectmen shall also Fcc, and rn~y from time to ~me by their order amend, a schedule of fees (o be charged for gas iespectines. ln~poctor of Wires The Selertmen, shall annually, in April, appoint an Ins wbe shall have (he nnwers and n...: ... .poctor of Wires ,- - .u,,Jes prescnoe~ by Sechon 32 of Chapter 166 of the General Laws and nil other governing statut~ and duty prescribed rules and regulations. At the Same time, they shall appoint an Assistant InspeCtor of Wires, who shall, in the absence or other disabU/ty of the Inspector. perform hla duties as the Selectmen may direcL The Selectmen shall also fx, and may from time to time by their order, amend a schedule of lees to be charged for wire inspections. Cit~c Holiday Celebmtion Committee The Selectmen shall annually appoint a committee of nine Voters of the Town. to be known as the Civic Holiday Celebration Committee, each of whom shall hold offce for the term of one year. or until hla successor shall have been duly appointed and quaffed. The unex bed term member Of said Commltlee shah be filed by the Selec~en. i~nid ~oO~y. tee shall expand all m' part of such funds ~ the Town may appropriate therefor for the public observance and celebration of the Fourth of July and of such other legal holidays, or da.rs of historic interest to the Town. as the Selectmen may from time to time desiguate. Chapter 4: Revenue and F/nanee Fiscal Year The financhl year of the Town shall begin with the frst day of July and end with the thirtieth day of the foilo~-ing June. Irarmnt for Payments be paid from th~ count ct, withou the state and Section 4,3 Section 4.4 Section 4,5 Section 4.6 Sertinn 4.7 Section 4~ Section 5.1 Prom~sory 1Votes All promissory notes of the Town shall be signed by the Treasurer and counter~igned by the Selectmen. Financial Reports All Towr~ officers~boaeds, and committees, who in any way receive or pend money belenging to the Town. shall keep a record of their official acts, and an account of their receipts and expondltures; they shall make an annual report to the Town in season to be audited and incorporated to the Annual Town Report. Deposit of Receipts All Town officers, boards, and corem/trees, who shall receive money in behalf of the Town, shah pay to the Treasurer monthly, and oftener if so required by the Selectmen, ali money so received. All other persons who shall have in their posse~ion money beinn~ing to the Town shall pay the same forthwith to the Town Treasurer. Surety Bond Requirement T.he .Superintendent or other official charged by the Board of Water Com- nusmoners with the duty of coliect/hg and receiving money due the Town. shall give a bond in a penal sum and with sureti~ approved by the Board of Selectmen. Conflict of lnterett No officer, board or comroittee of the Town shall have any pecuniary retest, either d/rect or indirect, personally or through another person, in any loan, contract or employment of any sort made, by. with or for that department to which his or its duties appertain. All contracts or employments made in violation of this By-Law shall be void as to the Town, and no b~fs therefor shall be approved, audited or paid. Auditor It shall be the duty of the Auditor to inspect all b~f/s pre~ented against the Town; to see that they have the aPProval of the officer, board, or commit- tee .contracting the same, and are in proper form; to indir~te the account to which they are chargeable; and, if there are funds, to transmit said brits with hfs certificate to the Seleclmen, who shall draw their warrant on the Town Treasurer authorizing payment thereof; to examine the books and accounts of all town officers, boards, and comr~t tees receiving and dh~g money; to investigate the conditions of all funds and trust funds held for the benefit of the Town. He ~hall verify the amount of funds in the h~nds of the town officers, boards and committees by artualiy counting the c~sh to their possession, and by pe.r!sonal appli~at/ons at banks of deposl~ shah ascertain the amounts held therein to the credit of the Town. He shall report to the Town in detail under each department all receipts and expandltures by the Town for the previous fmanchl year. Chapter fi: Public Worha and Preperty Public Streets and Ways iA) Rules and Reyulatlons The. Selectmen may make such rules and regulations a~ they deem necessary, under the Revised Laws, tn relation to the passages of ca~g~, sleighs, street cars or other vehicles through the streets and ways of the Town or the use of sleds or other vehicles for coasting therein. Any violation of said rules and regulations shall be punished by a fine of not less than one dollar nor more than twenty doliara. (B) Snow and Ice Remowl No snow or ice shall be deposited upon any portion of a way open to public travel for the safe nmint enance of which the Town is respopzl- hie, except by Town Employees acting fn the proper perfornmnce of their duties. This prevision slmll not prohibit an occupant of Section 5.7 Section 6.1 agriculture who peddles fruits or vegetables. Sect/on 6.2 Junk Dealer~ No parson shall keep a shop for Section 5.5 Recyclable Refuse The removal from a pubUc sidewalk, way or any usual point of res/dent/~ rubbish pick-up, any material spec/f/rally set apart from ordinary household rubbish for the purpose of being recycled, under the recycling program of the Town, by persons other than those properly authorized to pick up such material, is hereby expressly prohibited. IAI l~.~ordedy Coquet No parson shall behave in a rude or dhorderly manner, nor use loud, missiles in any street or other public phre. thereof, after he has been requested by a constable or police officer upon any public way or upon any way to which the public has a right Ali alcoholic beverages being used in viohtlon of thla By-Law shall be se/zed and safely held unt/l final ad./udiration of the charge {D) Trespussing school purposes while schadl is in session, nor from one hour after Obsolete and Surplus Materiale Any Board or Officer in charge of any department of the Town. may with rerning the request of such department head for authority to dispose of Chapter 6: Licensing and Business Regnhtions or peddler, sall/ng or exposing for sale fruits or vegetables, without first old metal from house to pm- Section 52 Se~tlon Sect/on 5.4 sidewalk in front of such prem/ses, or from that part of any driveway or other means of access from such premises to the way, providing that such clcoring does not result in a narrowing of the travelled portion of the way as defined by prior snow removal pro- cedures performed by Town Employees. ici StreetExcavatlonPermit No person shall make any excavation or other substanthl change in a Town way open to public travel without/'h-st obtaining a permit therefor [rom the Highway SurveyoE Such a permit shall be granted only upon a writton appl/cation therefor, which shall tonta/n such information as to the proposed excavation change as the Highway Surveyor amy require, and the permit may contain any reasonable requirement, including the applicant's procurement of an adequate performance bend assuring his complhnce w~th such re- qulrements, the amount of such bend to be set by the Highway Surveyor. In the event that such excavation cannot be completed with/n twelve hours, the Highway Surveyor shall forthwith make all necessary repairs to the surface of the way, and the applicant shall be responsible to the Town for the/nc/dent expenses. {D) Drivew~y Permits No driveways or other means of access to privately owned property from any public way or any way maintsined by the Town or shown on an approved subdlvi~ion plan shall be constructed unless a porm/t for its entry into said way shall first have been issued by the Highway Surveyor. Common Sewers and House Drai~ (Al Commo~ Sewer Connections The Board of Selectmen may declare any sewer laid in any land, street, or way, public or private, opened or proposed to be opened for publ/c travel, to be a common sewer and the same shall not be h/d or ~onnected with any existing common sewer except by the board of officers autberized by hw to lay and maintain common lB) Re~latlo~ for Ho~se Dn~ins The Board of Health may make and enforce regulations for the publk health and safety rehtlve to house drairmge and its connec- tions w/th sewers, if a public sewer abuts the estate to be drained. (C) Licenze Required for Ho~e Dmln Connection Ho person shall enter his drain into any common sewer without a .written license imm the Board of Selertmen, and any person enter- mg under such license shall comply w/th such rules and regulations as to material and construction as the Hoard of Selectmen may prescrine~ Said Board may eJose any drain entering a common sewer for failure to comply w/th the provisions of the By-Law. No excavation shall be made w/thin a public way in connecting such private drains with a common street except under the direction of the Highway Surveyor or other persons having charge of the streets of the Town. Permission to Open Hydrants No person shall open any hydrant of the water system of the Town w/thout pormisslon previously obtained from the Board of Water Com- missioners; provided, however, that nothing in this section shall be con- strued to prohibit the use of hydrants and water by the clfief of the Fire Department, or the person acting in h/s stead, in case of Fire. Littering No person shall deposit, or cause to allow or be deposited, any garbage waste, refuse, bottles, cans, paper mater/all or any other rubbish o~ I/tter of whatever nature of description, upon any public or private way within the Town, or upon any private property therein without the consent of les owner or upon any Town owned property without the express consent of the tannic/pal officer or agency having jurisdiction thereof. Any person found guilty of v/ohtion of tiffs article shall be punished by the payment of a fine of not more than fifty dollars for each such offense. Section 6.3 Section 6.4 Sect/on 6.5 Sect/on 6.6 from the Board of Selectmen. The fee for such l/cer~e shall not be 1~ than one dollar. Each license shah continue in force until the first day of May ensuing unless sooner revoked by the Selectmen. Junk Yarda No person shall accumulate, keep store, part, place, repair, deposit or per- mit to remain upon prerdses owned by ~ or under his ~ontrol, more than one unceghtered vehicle or any dhmantled, unservicable, junked, or abandoned motor vehicle unless he L~ licensed to do so under the General Laws or unless he received writton permhsion to do so from the Board of Selectmen after a hear/ag. Wr/t~n permhalon may only be granted by said Board on condition that the owner agree~ to screen the permitted vehicle or vehicles from view from neighboring land. ways, or public highways for breach of which ag~eemeet said permission shall be revnk- ed. This By-Law shall not apply to agricultm~ai vehicles in t~e on an operating farm. Whoever viohtes or continues to viohte thla By-Law after having been notified of such vioht/on shall be punished by a fine of $50. Each week during which such vioht/on is perm/teed to continue shall be deemed to be a separate offense. Hour~ for Service Station~ For the purpose of controil/ng and abating noise, no automobile service stat/on within the Town shall conduct business, except in c~e of an emergency, between the hours of 10 P&I. and 5'30 A.M. Hours for Common Victualler License The Selectmen may, 1or the purpose of controlling and abating nohe. pro- mulgate orders, not inconsistent with any governing statute, estsbllshhg the hours dur/ng wlfich any holder of a common victualler's Hcense may open his l/tensed premises to the pubi/c~ Self-Service Gas Statlor. s No persons own/ag or operating a gasoline idling station shall allow the pumping of guzofine for reLail sale w/tbeut an attendant employed by the preens to hold the no e w .e lineis being pom into tank of the vehicle. Chapter 7: Aaimah Section 7.1 Lea~h Law No owner or keeper of any dog shall perm/t it to leave its owners or keeper's premises unless it is held l'rr rely on a leash. The owner or keeper of a dog shall be that person normafly re~ponalble for the maintermnce and upkeep .of the premises upon which the dog is kept. and need not necessarily be the person to whom a dog license may have been/ssu~d. The dog officer shall be the enforc/ng officer of this By-Law. and may seek complaints agahtst porsons in violaS/on hereof under proviaions of Se~t/on 173 A of Chapter 140 of the General Laws. Section 72, Impoumtment of Do§s The dog officer may cause a dog to be/mpounded if it be found without a proper I/cease, or found at large or out of control outside of the bounds of the property of its owner or keeper. An impounded dog shall be released to its owner or keeper upon payment of an admhfistrative fee of $10.00 plus the pound fees (as established by the tlelectmenl and. H necessary, upon its being properly licensed. Section 7.3 Restraint Order The dog officer may order t he owner or k~epor of a dog to restrain it after it has been hnpounded tw/ce; he may remove such an order of restraint ff he/s satisfied that the dog is unlikely to ri,peat its offense. Any person who fa/la to comply w/th any outstanding or, let of r~traint shah be deem- ed to have committed a breach of this thai:Set. Section 7.4 Disposal of Un~l~med Dog~ A dog impounded and unclabned by its ow;~er or keeper after a ten day period, shat/ be d/sposed of in accordance w/th the provisions of Massachusetts General Laws, C~aptar 140. Section 15lA. Sect/on 7.5 Penalty The Penalty for violations of this Chapter shall be in accordance ~dth Chapter 140, ,~ectlon 173A of the General Laws. Chapter 8:/~fisceilaneeus Section 8.1 Of IP:ial Town Scat The t'oliowing shall be the davire of t he oflidal Town Seal. In the center of .a double rircle, view of a portion of Lake Cochicbewick, showing an Indian m a canoe upon its surface, with the words "Lake Cochirhew/ch~ appoar- lng below t.he canoe, and with the words, "Settled 1646" appearing at the top of the c~rrumference of the inner circle, and the words 'Incorporated April 7, 1855" appearing at the bottom;'in the space between the inner and outer c/rdes appear the words "Town of North Andover" at the top of the seal and the word "Massachusetts" at its bottom. Section 82 Discharge of Firearms No person shall lire or discharge any firearms or explosives of any kind on any private property, except with the consent of the owner or legal document thereof, provided, however, that thin By-Law shall not apply to the lawful defense of life or property nor to any law enforcement officer acting in the discharge of his duties. ARTICLE 14. To see if the Town will vote to accept the provisions of Chaptor 53 Section 9A of the General Laws. {The final date for obts/ning blank nominatlan papers for nomination to c/ty or town office shall be forty-eight week day hours pr/or to the hour on which nomination papers are required to be submitted to the registrars for cer- tification.} Petition of the Board of Registrars ARTICLE 15. To see if the Town wilt vote to authorize the $electmen to appoint their Administrative Assistsnt as Executive Secretary for the Board of Selectmen, to atiCotnbY and for them in any matter which they may assign to him, ali as provided by Sec- 23A of Chapter 41 of the Oeneral Laws. Petition of the Selectmen ARTICLE 16. To see if the Town will vote to autberize the Selectmen to appoint two permanent patrolmen to the North Andover Police Department who have passed a qualifying Civil Service physical and written exam, all in accordance with Civil Service rules and regulations. Petition of the Selectmen ARTICLE 17. To see if the Town will vote to authorize the Selectmen to petition the County Commissioners. or take whatever action is necessary, to discontinue that portion of Clark Street a public way being ihat area of land ~hown on a Plan of Land in North Andover for Borden Company and shown on said Plan as "Panel A" dated December 10,1975 drawn by Hugh F. Dunktey said panel being bounded and described as follows: Beginning at an iron pin set in the easterly line of Clark Street, at the southerly corner of land now or formerly of the Borden Company, and the westerly cor- ner of land now or formerly of William D. Haphey as shown on Essex North District Registry of Deeds plan number 7334. Said point of beginning being about 200 foet (two hundred feet) northwesterly of the north westerly llne 0sgood Street; thence running N - 28- 27 - 40 - W. 760~13 fe~t by land now or formerly of the Borden Company to an angle; thence turning and running N - 42 - 36 - 30 - W. 242.64 feet by lands now or formerly of the Borden Company and the Airport Commission of the City of Lawrence to a point; thence turning and running $ - 52 - 49 - 06 - W, 5099 feet by the discontinued portion of Clark Street as shown on Essex North District Registry of Deeds plan number 4137; thence turning and running S - 42- 36.30- E. 241.19 feet by land now or formerly of the Airport Commission of the City of Lawrence to an Essex County Bound; thence turning and running S. 28- 27- 40- E, 751.12 feet by lands now or formerly of the Borden Company and the Airport Commission of the City of Lawrence to a point; thence turning and running N - 61 - ~2 - 20 - Clark Street to the instniiatlon of pedestrian traffic signals. Work to be done under the direction of the Highway $urveyor. Petition of the Selectmen ARTICLE 27. To see it the Town will vote to raise and appropriate the ~am of $34,138, to be expended under the direction o! the Selectmen for the purpose of pur- chasing electronic voting machines. Petition of the Selectmen ARTICLE 28. To see it the Town will vote, pursuant to Section 9 of Chapter 258, Mass. O-L. as inserted by Chapter 512 of the Acts of 1978. to raise and appropriate $5,000 to effect insurance provid/ng indemnity for each officer and employee of the town, including the school department, from persona] loss and expome./n an amount of up to $1,000.000, arising out of any da/m, action, award, compromise, settlement or i~e_nt h.y .~ ..e~n o.f.a, n ,n. te..nt,.o~l tort, or by re.on of any act or omL~on which con- employee or ni'licer at the time of such intentional tort or such act or omission wa~ acting within the scopo of ~ ofncia! duties or employment, and provided that no ~uch employee or officer shah be indemnified for viniatinn of any such d~ rights it he acted in a grossly negligent, willful or malicious manner· Petition of the Selectmen ARTICLE 29. To see if the Town will vote to raise and appropriate the sum of $0,500, to be expended under the direction of the Selectmen for the purpose of razing all the buildings of the North Andover Town Farm located on the Northerly side of Dale Street with the exception of the shed utilLzed by the Department o[ Public Works. Petition o! the Selectmen ARTICLE 30. To see if the Town will void to raise and appropriate the sum of $40,000, to be expended under the diz~ction of the Selcetmen for the purpose of repair- ing the barn and the house arid razing the connecting sheds of the North Andover Town Farm buildings located on the Northerly side of Dale Street. Petition of the Selectmen .ARTICLE 31. To see if the Town will vote to rMse and appropriate the sum of $1,000, to be expended under the direction of the Selectmen for the purpose of eecuring two estimates of the fair market value and the plot'plan of the pramises on the norther- ly side of Dale Street known as the Town Farm with the intent that the Selectmen will submit an Articin into a future Town Warrant for the purpose of selling a part of the sam premises. Petition of the Selectmen ARTICLE 32. To see if the Town will vote to raise and appropriate the sum of $117,80'/, to be expended under the directinn of the Selectmen for the purpose of im- plementing Collective Bargaining Agreements reached w/th Town contractual employees. Petition of the Selcetmen ARTICLE 33. To see if the Town will vnie to raise and appropriate the sum of $1,400 for the purpose of amending Section 12 Of its Personnel By-Law (Longevity Ir~ c~ements) by increasing each longevity step by $100. Petition, Petition of the Selectmen ARTICLE 18. To see if the Town will vote to authorize the Selectmen to enter into a contract with the Merrlmaek Valley Regional Transit Authority for the continuation of bus services to the Town. Petition of the Selectmen ARTICLE 19. To see H the Town will vote to authorize the Setectmen to enter into a contract with the t,f errimack Valley Regional Transit Authority to provide the Town with commuter tall service to Be*ton. Petition of the Selectmen ARTICLE 20. To see if the Town will vote to raise and appropriate the sum of $8,000, to be expended under the direction of the Selectmen for the purpose of leasing and operating the North Andover Community Center buildings to serve as a Communi- ty Center for use of the elderly and youth of the Town. Petition of the Selectmen ARTICLE 21. To see if the Town will vote to raise and appropriate the sum of $5.000, to be expended under the direction of the Selectmen for the purpose of making repairs and renovations to the Town Office Building. Petition of the Selectmen ARTICLE 22. To see ff the Town will vote to raise and appropriate the sum of $3,000, to be expended under the direction of the Selectmen for the purpose of pro- vlding emergency lighting in the Town Office Building in accordance with the State Building Code, Petition of the Selectmen ARTICLE 23. To see it the Town will vote to raise and appropriate the sum of $800. to be expended under ti~e direction of the Selectmen for the purpose of making repairs to the radio communication tower located on the roof of the Town Office Building. Petition of the Selectmen ARTICLE 24. To see if the Town will vote to authorize the Selectmen to appoint a study committee of up to seven 17~ citizens to investigate and make s ecommendations on the need to reorganize those Town Boards involved with land use planning and regala- Lion. particularly the Pinnmng Board, Board of Health, and Censervation Commission, the purpose of the study being to ensure that the organizational structure and reistion- ships between these Boards provide for maximum coordination and efilrient use of the steff assigned to them. Petition of the Selectmen ARTICLE 25. To see if the Town will vote to authorize the Selectmen to appoint a study committee ot' up to seven 17! citizens to investigate and make recommendations on the need to reorganize the Highway, Public Works, and Tree Departments, the pur- pose of the study being to ensure that the organizational structure and relationships between these Departments provide for maximum coordinatinn and efficient use o! the perSOnnel and equipment assigned to them. Petition of the Selectmen ARTICLE 26. To see if the Town will vote to raise and appropriate the sum of $4,500, to be expended under the direction of the Highway Surveyor for the purpose of installing a sidewalk and curbing on Chiekering Road as shown on the State plan for the ARTICLE 34. To see il the Town will vote to raise and appropriate the sum of $18,098 for the purpose of amending Schedule B included in Section 7 of its Personnel By-Law by increasing all of the salary rates listed therein by 6%, excluding, however, the compensation of thOSe Town employees whose renumeration is to be established by collective bargaining process. Petition of the Personnel Board ARTICLE 35. To see il the Town will vote to raise and appropriate the sum of $1,861 for the purpose of amending Section 8 of its Personnel By-Law {Part-time posi- tions eissalfied in clerical group! by increasing the salary therein by 6%. Petition of the Personnel l]oard ARTICLE 36. To see ii' the Town will vote to raise and appropriate the sum of $1.532 for the purpose of amending Section 9 of its Personnel By-Law ~Part-thne post- tions classified in Library Groupl by increasing the salary rates listed therein by 6%. Petition of the Personnel Board ARTICLE 37. To see if the Town will vote to raise and appropriate the sum of $1.215 for the purpose of amending Schedule E of Section 7 of its Personnel By-Law {Miscellaneous Compensation Schedniel by increasing the compensation listed therein by 6% for the positions of Reserve Patrolmen and School Crossing Guards. Petition of the Personnel Board ARTICLE 38. To see if the Town will vote to raise and appropriate the sum of $250 for the purpose of amending its Personnel By-Law (Miscellaneous Compensation Schedule - Fire Engineer and Deputy Ch]el). imm $1.260 per year to $1,385 per year. Petition of the Personnel Board ARTICLE 39. To see if the Town will vote to raise and appropriate the sum of $700 for the purpose of amending its Personnel By-Law filliscelisneous Compensation Schedule - Gas lespectorl from $800 to $1,,500. Petition of the Personnel Board ARTICLE 40. To sec'if the Town will vote to raise and appropriate the sum of $240 for the purpose of amending its Personnel By-Law 0,lisceilaneous Schedule - Wire spoctor) from $4,000 to $4~40. Petition of the Personnel Board ARTICLE 41. To see if the Town will vote to raise and appropriate the sum of $I00 for the purpose of retroactive longevity increments for Anna Donahue~ Petition of the Personnel Board ARTICLE 42. To see if the Town will vote to amend its Personnel By-Law gection _8A - Part-time Positions, Clerical by deleting the f'u'st sentence oftbe paragraph so that it will read as follows: Any amendment of this By-Law providing for a change in salary and wage rates shall take effect, if adopted at the Annual Town Meeting. on the follow- ing July 1, and if adopted at a Special Town Meeting shall lake effect on the first day of the month next folloss~ng such meeting. Petition of the Personnel Board ARTICLE 43. To see il the Town ss'ill vote to amend its Personnel By-Law,,~ectinn 2 - Definitions by adding the definition ~Continuous Part-time employment' . An employee .of the Town who works a minimum of 20 hours per week. every week of year. Petition o! the Personnel Board ARTICLE 4-1. To see il Ibe Town will vote to amend Ihe Personnel By-Law Schedule C and Schedule D, Police Chief and Fire Chle[ compensation by applying a 1.8% increase above the compensation of P-I-Flaxlmum and F-I ~laxlmum. This will be based on base pay. Petition of the Personnel Board ARTICLE 45. To see if the Town will vote to amend its Personnel By-Law Section 22 {Al {21 by deleting {b) completely and having it read as follows: An emplayna who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years; provided, that in no case shall said leave be measured by more than 60 days accumulated sick leave, or twelve work weeks, whichever is the lesser. Petition of the Personnel Board ARTICLE 46. To sca if the Town will vote to authorize the Planning Board to point a professional Town Planner, who shall be chosen and supervised by the Planning Board for a term not to exceed one year ending June 30, 1980 at a salary not to exceed $16J~50. Said Planner to meet the professional qualifications required by the written job description established by the Planning Board, and to raise and appropriate the sum of $16,850 for the purpose of compensating the Planner. Petition of the Planning Board ARTICt.E 47. To see if the Town will vote to autborise the Board of Public Works to appoint a Public Works Water Anaiyst-Watersbed Inspector. and that the sum of $10,000 be raised and appropriated for his annual compensation. Petition of the Board of Public Worha ARTICLE 48. To see if the Town wlil vote to raise and appropriate the sum of $5,000 to be expended under the direction of the liighway Surveyor for the purpose of providing the service of rubbish collection to the unit-owners of Village Green West condominiums. Petition of the Louis S. Scaturras and others ARTICLE 49. To see if the Town will vote to amend its Zoning By-t.aw by adding the following: 10.10 CLUSTER ZONING (1l DEFINITIONS: a) Cluster Development: An option which permits an applicant to build single and/or 2-family dwellings with reduced lot area and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common opeh land. bi Homes Associations: A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsible for the costs and m."Jntenance of said open land and any other facilities to be held in common. cl Open Land: Open space within a cluster, prohibited from development as set out in (10) of this Section. dl Wetlands: Areas as defined by G.L. Ch. 131, $. 40. {2~ COVERAGE: Cluster development in the R-2 or R~q Dist r;cts is allowed by Special Permit as set forth in Section 10.3. based upon the following terms and conditions: (3) Purpeses {in addition to purposes set out in G.L. Ch. 40A and the Zoning By-Law): the more efficient ~ of land in By-Law for the total number of units contemplated in the development, except one-half of wetlands and ali land ~Iready subject to legally enforceable covenanta or easements shall not be included in this computation. c) The open land, and such other facilities as may be held in common shall be con- veyed to one of the following, az determined by the Planning Board, subject to the following guidelines: In general, vninahle natural resource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should bo conveyed to the town or to a trust: whereas land whlch wlil be principally used by the residents of the cluster should be conveyed to a homes association. 1. To a corporation or trust comprising a home asso~ation whoze member- ship includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owner~ of individual lots beneficial rights in said open land. and sball grant a conservation restriction to the Town of North Andover over such land pursuant to M.(}.L. Chapter 184. s.31-33, to insure that such land be kept in an open or natural state and not be built upon for residential use or developed for accessory uses such as parking or roadways. This re~striction shall bo enforceable by the Town through its Conservation Commission in any proceeding authorized by s. 33 of Ch. 184 of M.O.L. In addition, the developer shall bo responsible for the mainten.~nce of the common land and any othe~ facilities to bo held in common until such time as the homes association is capable of azsun,.~ng said responsibility. In order to ensure that the association will properly maintain the land deeded to it under thla section, the developer shall cause to be recorded at the North Essex Registry of Deeds a Declaration of C. ovenanta and Restrictions which shall, at a minimum, provide for the following: la. mandatory membership in an established homes association, az a re- quh'ement of ownership of any lot in the tract. lb. provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses ap- proved by the homez association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the owner of any lot. lc. provision which, so fzr os po~ible under the existing law. wifi ensure that the restcictlona placed on the use of the open land ~1 not terminate by operation of law. 2. To a non-profit organization, the principal purpose of which is the conserva- tion of open space. The developer or charity shall grant a conservation restriction as set out in al above. 3. To the Conservation Commission of the Town for park or open space use. subject to the approval of the Selectmen, with a trust clause insuring that it be maintained as open space. Illl FURTHER REQUIREMENTS: a} No use other than residential or recreational shall bo permitted. b) No lot shown on a plan for which a permit is granted under this section w.~y be further zulxtlvided, and a hotation to this effect shall he shown upon the plan. c} The beard may grant a special permit fiereunder for clustering even if the pro- posed development is not subject to the subdivlzlon control law. dl Except insofar as the subdivision is given 5 years protection under O.L. Ch. 40A, s. 6, the special permits granted under this section shall lapse ~-i~hin two years from the grant thereof, excluding time required to pursue or await the determination of an appeal, if a sub~tantlal use ha~ not sooner commenced or if construction bas not begun by such date exCept for good cause. ARTICLE 50. To see if the Town will vote to amend its Zoning By-Law by deleting wording under Sec. 4.121 (4), 4.122 (4) and 4.123 (4) and insert in place thereof the follow- ing:. For the use of a dwelling tn any residenti~ district or multi-f.~nfly district for a home occupation the following conditions shall apply: valuable open space. cl Protecting water bodies and supplies, wetlands, floodplains, agricultural lands. wildlife and other natural resources. _ d) Promniing aesthetics and other amenities. - (4) PROCEDURES: a) Filing of Application: each application for a special permit 1o cluster shall be I'd- ed with the Town Clerk, with a copy filed forthwith with the Planning Board and shall be accompanied by nine (9) copies of a preliminary plan of the entire tract under consideration, prepared by a professlonal engineer or reglalet~l land surveyor. (5) CONTENTS OF APPLICATION: Said application and plan shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and RegUlations o1' the Planning Board Governing SubdlvL~ion of Land. whether or not t he development constitutes a sub- division, and shall include proposed location, bulk and height of all proposed buildings. In addition, the applirant shall provide the following information: al The number of dwellings. b) A description of the neighborhood in which the tract lles, including utilities and other public facilities, and the affect of the proposed plan upon them. c) Evaluation of the open land proposed within the c ustor, with respect to size, shape, location, natural resource value, and aceessibifity by residents of the town or of the cluster. (6} REVIEW OF OTHER BOARDS: Before acting upon the application, the P ann ng Board shall subm t the application with the plah to the fol owing boards, which may review it jnintly or separately: The Board of Health, DepL of Public Works. Conservation Commission. llighway Surveyor, Police and Fire Depts., and the Building Insporior. Any such hoard or agency to which petitions are referred for review shall submit such recommenda- tions ns it deems appropriate to the PLanning Eoard and the applicant. Failure to make recommendations within 35 days of receipt of referrals shall be deemed lack of opposition. (7! PUBLIC HEARING: After the oppot2unity for review by oiher boards has taken place, the Pisnning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Ch. 40A, S. 9, of the ~oning By-law, and regUlations of the Pisnning Board. (8) RELATION TO SUBDIVISION CONTROL ACT: Planning Board approval of a special permit hereunder shall not substitute for compfianca with the subd{vlsion control acts, nor obfige the PLanning Eoard to ap- prove any related definitive plan for subdivlsim:, nor reduce any time periods for board considecation under that law. HoWever, in ~,-der to facilitate processing, the PLanning Board shall, insofar as practical under existing law, adopt regUlations =stsbfishing pro~ures for submission of a combined plan and appfication which aha{{ satisfy this section and the board's eegU}ations under lhe subdivision control scl {9) MINIMUM DIhlENSIONAL REQUIREhlENTS: a} The area of lhe tract to be developed is not {ess than 5 acres. b) S{de line setbacks: 15 feel e) Area: Each building lot shall have at {east one-half (i/l} the required lot size for the zoning district tn which it is located. d) Frontage: the aggregate street irontsga of lots in such proposed development, counting only one frontage for corner lots, shall not be less than one-half ('/ti the product of the number of lots time.~ the minimum frontage requirement for the zoning district in which the development is located, and the minimum width of any single family lot shall be 75 it, measured either at the street llne or at the front building fine. The minimum width of any lot shall be not less than £dty (50} feet from the street fine to the front building fine. e} Except as s~uecified in a spedal permit granted under this section, all re- qalrements of the Zoning By-law shall continue to apply. {10) REQU/RED OPEN LAND:. a} At least 330,6 of the tract, exclusive of land set aside for roads and parking, shall be open land. At least 50% of the open land shall be suitable for passive or active recreational use, and not more than 50% shall be wetlands. b} Such open land, together with the areas in the building lots not devoted to roads or parking, shall equal or exceed the area otheradee required under this Zoning one o! whom shall be the owner o! the berne and residing in said dwelling;, b) The use is carried on strictly within the principal building~ cl There shall be no exterior alterations, accessory buildings, or display which are not customary with residential dwelling~ d} Not more than twenty-five {25} portent of the existing grass floor area of the dwelfing unit ~o used, not to exceed six hundred {600) square feet, is devoted to such use. In connection with such use. there is to be kept no stack in trade, cony medlties or producis which occupy space beyond these limits; e} There will be no display of goods or Wares visible from the street; ft The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas. smoke, dust. noise, dis~ urbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; gl Any such building shall include no feature of design not customary in buildings for resldentisl use. Petition of the Planning Board ARTICLE 51. To see if the Town will vote to amend its Zoning By-law by adding to Se~ 4.122 a paragraph numbered {16} and to Sec. 4.123 a paragraph numbered 122l to read as follows: Family guite: A separate dwelling unit for a member ora household is allowable by spocisl permit provided: al the dwelling unit is not oc~upled by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit; b} that the premises are inspected as required by the Building Inspector;, c) special permit shall be recorded at the North Essex Registry of Deeds. Petition o! the Planning Board ARTICLE 52. To see if the Town will vote to Amend Section 6.5 (3) e) of the Zoning By-law by inserting the word ~temporary# following the word "unlighted" so that the section will read as follows: "The unlighted, temporary, real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within 14 days of sale, rental or lease.~ Petition of the Building Inspector ARTICLE 53. To .see if the Town will vote to Amend its Zoning By-Law by chang- ing the Zoning Map of the Town to include the parcel of land hereinafter desc~'bed within the Business 1 District: land and bnildings at and numbered 245 Osgead Street. North Andover. Massachusetts. more particularly bounded and described as follows: A.certaln tract of land being shown as Lot No. 4A on a plan of land recorded in the North Essex Registry of Deeds ns Plan No. 3013. and descn'bed as shown on said plan as follows: WESTERLY by Osgoed Street by a curved line, 165.92 feet; NORTHERLY by Lot No. 3A as shown on said plan. 303.52 feet; EASTERLY by land now or formerly of Bennon, 78.94 feet; SOUTHERLY by land now or formerly of McGuire, 302.6 feet; Containing 36.196 square feel Petition of the Rose hi. Clements and others ARTICLE 54. To see ff the Town will vote to raise and appropriate the sum of $17.000. to be expended under the direction oftbe Board of Assossors for the purpose of complying With the legislative and judicial mandate requiring the re-evaluation of all properties within the Town. Petition of the Board o! Assessors ARTICt,E 55. To see if the Town will vote to raise and appropriate the sum of $35,000. to be expended under the direction of the Board of Selectmen for the purpose of purchasing six {6t new cars and six (6! cars to be turned in, in trade, and all equipment to be changed over, such as police radios, sirens and similar accessories. Petition of the Chief of Police ARTICLE 56. To see if the Town will vote to raise and appropriato the sum of $33,000, to be expended under the direct/on of the Board of Fire Engineers for lbe pm.- ~pose of purchasing a new ambulance, with all necessary equipment. Present ambulance be sold. Petition of the Board of Fire Engineers ARTICLE 57. To see if the Town will vote to raise and appropriate the sum of $52.422, to be expended under the direction of the Board of Fire Enginers for the pur- pose of appoMting four regular fire lighters, who have passed qualifying Civil Service physical and mental examinations, all in accordance with Civil Service Rules and Heguhtions. Petition of the Board of F/ce Engineers ARTICLE 58. To see ff the Town will vote to rahe and appropriate the sum o! $2200, to be expended under the direction of the Board of F/re Eng/neers for the put- Petition of the Board of Fire Engineers $60,000, to be expended under the direction of the School Committee for the purpose of ARTICLE 60. To see if the Town will vote to raise and appropriate the sum of $6,000, to be expended under the direction of the North Andover School Committee for educational and building needs of the Town w/th particular emphasis as to future classroom needs. Petition of the School Committee ARTICLE 62. To see if the Town wiil vote to raise and appropriate the sum of $13,000. to be expen~ed under the direction of the North Andover School Comrnittae for the purpose of providing payment for twelve months of servic~ rendered, or to be rendered, by the Greater La~vence Mental Health Center. for or in behalf of some of the children of the Town, all as the Committee may determine. Petition of the School Committee ARTICLE 63. To see if the Town will vote to raise and appropriate the sum of ~11.500, to be expended under the direetion ARTICLE 72. To see if the Town wilt vote to raL~e and appropr~to the sum of $100,000, to be expended under the direction of the Highway Surveyor for the purpose of resurfadng, oiling, repairing and maintaining streets in the Towm Petition of the Highway Surveyor ARTICLE 73. To see if the Town wilt vote to raise and appropri~to the sum of $3,fi00. to be expended under the dh~ction of the Roard of Public Worha for the purpose of purchasing equipment necessary to analyze potable water samples in conformance with the Safe Drinking Water Act. Petition of the Board of Public Works ARTICLE 74. To see if the Town will vote to raise and appropriate the sum of $1,500, to be expended unde.- the dh'ection of the Heard of Public Works for the purpose of assuming responsibility for the maintenance of the Will/am S. Rock Memorial over- pass on Chkkering Road, exc]uslve of snow removal. Petition of the Board of PubNc Works ARTICLE 75. To see if the Town wi]] vote lo raise and appropr~te the sum of $11~000. to be expended under the dh'ection of the Board of PubNc V*'orks for the pur- pose of performing the following construct[on: Kitteredge School Installing corrective drainage $2.000.00 Constructing concrete entryways to portable classrooms 500.00 Atldnson School: Installing corrective drainage 6,000.00 Pranklin School lastolilng chain link fence 2.500.00 $11,000.00 Petition of the Board of Public Works ARTICLE 76. To see if the Town will vote to raise and appropriate the sum of $6,000, to be expended under the dicectinn of the Board of Public Works for the purpose of installing corrective drainage at Orogans F/eld. Pet/ItOh of the Board of Public Works ARTICLE 77. To see ii' the Town will vote to raise and appropriate/he sum of $7,500, to be expended under the direction of/he Board of Public Works for the purpose of re. surfacing the driveway to the South Pumping Station at 420 Great Pond Road. Petition of the Board of Public Worhs ARTICLE 78. To see if the Town will voto to raise and appropriate the sum ol $36,880, to be expended under/he d/rect/on of the Board of Public Works for the pm-- pose of Purchasing/he following equipment: one - *A ton pirk-up truck with utility body $ 8,100 one - ~ ton pick-up truck with fleetdde bedy 10.000 one - tractor with front end loader 11,230 one - Iow 7,550 vide the following services under the direction of the Greater Lawrence Community Drug Council, Inc. 1. An educational program for parent, teachers and children under the direction of 3. qualified educators and in cooperation with the Health Coordinator and Guidance Department of the North Andover School System. A Counseling Teacher which will offer individual and group counseling programs. A 24-boor, 7<lay week, hot line to be manned by qualified personnel in the area of crisis intervention. Petition of the School Committee ARTICLE 64. To see if the Town will vote to raise and appropriate the sum of $83,000, to be expended under the direction of the Highway Surveyor for the purpose o! purchasing the following equipment: one 1979 vehicle with trade $8,000; one Backhoe Loader with trade $44,000, one Rubbish Truck with trade $45,000. Petition of the Highway Surveyor ARTICLE 65. To see if the Town will vote to transfer from Article 66 of the War- rant for the 1978 Annual Town Meeting the sum of S17,000, to be expended under the direction of the Highway Surveyor for the purpose of development of the new landfdl site. Petition of the Highway Surveyor ARTICLE 66. To see if the Town will vote to raise and appropriate the sum of $ , to be expended under the direction of the Highway Surveyor for the purpose of meeting the State's share of Chapter 90 or any other similar statute, said amount to be reimbursed, upon receipt to be restored to unappropriated available funds in the Town Treasury. Petition of the Highway Surveyor ARTICLE 67. To see if the Town will vote to raise and appropriate the sum of $8,000, to be expended under the direction of the Highway Surveyor for the purpose of replacing existing catch b~sin frames and grates which are smaller than standard size. Petition o! the Highway Surveyor ARTICLE 6& To see if the Town will vote to raise and appropriate the sum of $8,000, to be expended under the direction of the Highway Surveyor for the purpose of erecting and replacing guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE 69. To see if the Town will vote to raise and appropriate the sum of $2500, to be expended under the direction o! the Highway Surveyor for the purpese of making and placing street signs throughout the Town. Petition of the Highway Surveyor ARTICLE 70. To see if the Town will vote to raise.and appropriate the sum of $8.500. to be expended under the direction of the Highway Surveyor for the purpose of installing new and repairing existing sidewalks. Petition of the Highway Surveyor ARTICLE 71. To see ii' the Town will vote to raise and appropriate the sum of $20,000. to be expended under the dlz~ction of the Highway Surveyor for the purpose of installing drainage in problem areas throughout the Town. Petition of the Highway Surveyor pirk-up, one 1965 Ford LCG tractor and one 1968 Cane Tractor with loader to be traded. Petition of the Board of Public Works ARTICLE 79. To see if the Town will vote to raise and appropriate the sum of $5,000, to be expended under the direction of the Board of Public Works for the purpose of continuing the Lake Monitoring program to establish baseline data on our water supply. Petition of the Board o! Public Works ARTICLE 80. To see it' the Town ~ill vote to raise and appropriate the sum of $950,000, to be expended under the direction of the Board of Public Works for the pur- pose of extending the sewer on Pleasant St.. Marbleridge Road and Johnson Street, a distance of 15,100 feel Petition of the Board of Public Works ARTICLE 81. To see if the Town will vote to raise and appropriate the sum of $5,000, to be expended under the direction of the Board of Public Works for the purpose of permanently patching water and sewer trenches on town streets. Petition of the Board of Public Works ARTICLE 82. To see if the Town will vote to raise and appropriate the sum of $105,000, to be expended under the direction of the Board of Public Works for tlie pur- pose of replacing the old six inch cz.st iron water mains on S~uth Bradford Street from Meadowvlaw Road to Winter Street on Dale Street from Winter Street to Rus-~et Lane and on Appleton Sti~et from Salem Street to Dale Street with new 12' ductile iron water mains. Petition of the lkard of Public Works ARTICLE 83, To see if the Town will vote to raise and appropriate the sum of $20.000, to be expended under the dh~ction of the Board of Public Works for the pur- pose of repisdng the chlorinators and installing automatic cylinder changeover valves at the ~outh Pumping Station. Petition of the Board of Publie Works ARTICLE 84. To see if the Town will vote to raise and appropriate the sum of ~q0,000, to be expended under the direction of the Board of Public Works for the pur- pose of constructing two tennis courts at the Carl Thomas Playground. Petition of the Beard of Public Works ARTICLE 85. To see if the Town ~11 vote to raise and appropriate the sum of $4.,500. to be expended under the direction of the B~xrd of Public Works for the purpose of renewing water and sewer services, placing gate valves on hydrant hral~ches and raising manhole frames and covers on strecLs which are be'rog rebuilt. Petition of the Board of Public Wocks ARTICLE 86. To see if the Town will vote to raise and appropriate the sum of $40,000. to be expended under'the direction of the Baard of Public Works for the put- pose of replacing the existing 6" vetrified clay sewer on Furher Avenue with a new 8' vetrified clay sewer. Petition of the Board of Public Works ARTICLE 87. To see if the Town will vote to authorize the Board of Public Works to promulgate rules and regulations limiting the use of lhe Iown parks, playgrounds and cemeteries under their jurisdirtion. Petition of the Board o! Public Works ARTICLE 88. To see if the Town will vota to amend its by-taws by eliminating Arti- cle Ill Section 12. Petition of Donald H. Moser and others ARTICLE 89. To see if the Town will vote to appropriate the sum of $ . to be expended under the direction of t he Selectmen from ReYenue Sharing Funds aa follows: 1. Fire Department Salaries ~ 2. Police Department Salaries $ Petition of the Selectmen ARTICLE 90. To see if the Town will vote to raise and appropriate the sum of $50,000, to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 91. To see if the Town will vote to take the sum of $ available funds for the purpose of reducln~ the tax rate. from Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and at five or more public places in each voting p~cinct in the Town. Said copies to be posted not more than seven days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover. Massachusetts, the twenty-third day of April in the year of our Lord one thousand nine hundred and seventy-nine. JOSEPH A, GUTIIRIE TtfOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE. JH~ JOttN W. GRAHAM North Andover, Ma~. May 4, 1~79 A true cop~ ATTEST: DANIEL LONG. Town Clerk. Offff~G~R'S RE~UEN - - - ~ have 'not~fied ~d ',.~a~n6d the i~abit~nt& df't~e T~-of Nor~h'A~er,'who ~e '~ied to-vot6 i~To~ '~fa~s ~ - dopies of this w~rant tn th~ ' To~ B~ ~d at five or more pubic p~ces ~ each voti~ precinct of the To~. -Said copies not having been posted not less than seven days before the t4m~ of said meeting. No~hh Andover CLERK CONSTABLE ................. AN~JAL '2OWN MEETI~NG HELD MAY 29, 30, 31, 1979 Meeting opened 7.00 ~.M. by Moderator Donald Smith MAy 29, May 30, May 31, ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 6. kRTICLE ~.. ARTICLE 8. :"", .... 265 1979 One Thousand Two Hundred Fifty Two (1252) voters present. 1979 Five Hundred Fifty Two (552) voters present. 1979 Four Hundred Eighteen (418) voters present. 1. Acted upon at the Annual Town Election held March 5, 1979. 2. Voted That the Town refer to the Selectmen the appointment of Town Officers not required by law or By-Law to be otherwise chosen. 3. Voted that the repor~ be accepted. 4. Voted to f~x the following Annual Salaries of the electd officals of the Town, effective July 1, 1979. Board of Selectmen and Licensing Commission each per annum $2,000. Chairman of the Board of Selectmen $300 Board of Assessors each per Annum $300. Chairmen of the Board of Assessors $1, O00. The present Chairman of the Bd. of Assessors provided that he devotes all of his wor~ing hours to the performance of his duties as Assessor $10, 741. Board of Health each per annum $600 Board of Public Works each per annum $600. Town Treasurer $21,631. Highway Surveyor $20,181. Tree Warden $3,116. Moderator A.T.M. $100 S.T.M. $50. Town ClerE $13,823. Striksn from Warrant. Striksn from Warrant. StriVen from Warrant. Voted to adopt the article with the changes of the following Items. Item 1, 4, 21, 29, 46, 80,82. Voted to adopt the school budget 900 yes 233 no. See page 266 for total Budget ICARTICLE 8. Budget. VOTEDt to accept the budget as submitted. SAL; WAGES -~. Selectmen $40,013 ExperAsss Out of Town travel 2. Treasurer 37,770 mxpensss 3. Tax Collection 19,515 Expenses 4. Assessors 38, 047 Expenses 5. Accountant 36,358 mx~ens es 6. Town Clerk 22,520 Expenses 7. Election and Registrars 1, 830 Expenses 8. Town Co-~el 9,000 9 · Moderator 200 X0. Advisory Committee 1,360 Expenses 11. Capital Budget Committee Expenses 12. manmU~ Soara 4,535 Expenses 13. Board of Appeals(Zoning) 2,135 Expenses 14. Personnel Board 2,730 E~nses 15. Comncil of Aging 16. Conservation Commission 1,34~ Expsnses Professional Service 17. N.~. Historica/ Commissio~ 18. Town Hall and Oarage Bldgs. Exp~nses 28. 29. 2 30. 31. 32. :- 33. 34. 36. 37. 6,000 548,017 21,15o 788,686 School Crossing Guards EX~snses 21. Fire Department Expenses 21&. Forest Fires and Forest 22. Dog Officer 7, 000 Expenses 23. Civil Defense 1, 748 Expenses 24. Building Inspector 31, 801 Expenses 25. '._ 'I~.. ~.E:-!nspect0r 4, 000 E~enses 26. Gas Inspector 800 E~nses 27. Sealer of Weights & Measures 1,900 Expenses Board of Health '18,242 Expenses Greater lawrence Sanitary District Per share Capital Per share Operation Animal Inspector 420 Garbage Disposal Contract Board of Public Wor~s 1, 800 Sewer Maintenance azd Construction 43 ,294 Expenses Water Maintenanee and Construction 147, 852 Expenses Par~s and School Construction 4~340 Expenses Trea~ Department 50, 214 Expenses Dutch Elm Disease 9,149 Expenses 38. Insect Pest Control 19,7~ Expenses 39. Street Lighting EXPENSES $8,200 500 4,375 18, 0~0 12, 000 5,625 900 15, hh? 2OO 1, 020 3,445 49O 17,300 875 l, ooo 400 21,~oo 1, 2 00 33, o~o ~oo 4,300 3, 700 3, o65 ~%oo 600 15,%2o ~, 30~ 148, 729 221,~6 24,700 145,000 12,000 2,400 5,400 90,000 TOTAL $40, 013 8,200 5oo 37, 770 4,375 19,515 18,0~0 38, 047 12,000 36,358 5,625 22,520 9OO 1, 830 9, 000 200 1,360 200 1,020 4,535 3,m6 2,135 2, 730 49o 17,300 1, ~41 875 1,000 4OO 6, 000 56, 21,150 1;200 788~,' 33, 0~0 ~00 7, 000 4,3oo 1,748 3, 700 34 8Ol 3, 065 4,000 80O · ~oo 4900 6OO 18,249 ' 15,~2o 43, 3o9 148, 729 42O 21,456 1, 800 43,294 24,700 147, 852 1/6,000 4~34o 12,000 50,214 10,231 2,400 9 o, ooo 40. Streets- General Maintenance Highway surveyor · Expenses 41~. Snow Removal 42. Refuse Disposal · Expenses 43~ Veterans Be~gits 44. Graves Registration Expenses 45. N.X. School Department Total Expenses 46. Regional Vocational School · A/10C~tion 'of Cost to N. Andover 47. Steven's Memorial Library Expenses ' 48. PIayground& Bathing Beaches ~o~penses 49. Recreation Council Expenses 50. Group r~urance Covering Present Benifit Plan Only 51. Unemployment Compensation 52. Essex Cour~ Retirement Pensions 53. Rental of Veterans Headquarters' 54. Patriotic ami Civic Celebrations 55. Fourth of' July 56. Insurance, General 57. Industrial Commission 58. Special Legal Services 59. Water Main Notes & Bonds 60. Fire Station 61. Town Garage 62. Police Station 63. Town Garage Add'l. 64. Land Ecquisition 65.. B~'dgzer'~' 661 Fire Truck 67~ Sewer Bonds 68. School Bonds 69. Tennis Courts 70. Fire Station 71. Town Garage 72. Police Station 73. Town Garage ~dd'l. 74. ~and Acquisition 75. Bulldozer /76. ~ire Truck 77. Sbhool Bonds 78. Short term Borrowing 79. Tennis Courts 80. Sewer Bonds '81~Water.-Main System-Notes and"Bonds 82. Bond Issue Expense SAL. WAGES EXPENSES T O T A ~, $213,086 $213~ 086 $1oo, ooo lOO, ooo 100, 000 100, 000 132,307.. 132, 307 32,000 32~ 000 30, 000 30, 000 200 200 ~oo 5oo 4, 667, 808 4, 667, 808 1,111,463 1,~1~,46~ $7,1~2,333 188,390 100,390 109,174 109; 174 32,550 38,960 38~960 8,550 8,550 19,270 19,270 8, 810' 8, 810 279~ 313 279,313 lO,5OO ~o~5oo 362,600 362~600 1, 2 O0 1, 200 895 - 89~ .~.~2oo 5,200 350, ooo 350, ooo · 100 100 7~ 000 7, 000 ~4~ ooo z~5, ooo 10~ 000 10, 000 9o, ooo 9o, ooo ~ O 35, 000 15, 000 2 o, ~o 2 a, ooo zo, ooo ~,a, ooo lO, ooo lo, ooo 25,000 25, 000 480, ooo 480, ooo 35, 000 15,000 3,355 3,355 2,610 2,610 0 O 1,~48 1,~48 1,530 1,~30 2, ~50 2,~O 1,300 1,300 240, Z~3 240, 2~3 2 o, ooo 2 o, ooo 1, 283 1, 283 31,501 31,501 20,681 20,681 5,000 5, 000 $4,2~, 159 ARTICLE 9. Toted u~animously to adopt the article. ARTICLE 10. oted unanimously to adopt the article. ARTICLE 11. Voted unanimously to adopt the article. ARTICLE 12. Voted unanimously to adopt the article. ARTICLE 13. Voted to adopt the article. (majority) · ~ ........ With the following changes. Chap.3, Sect. 3.2, Item D, Line 12 Town Accountant to Exectutive Secrats~-y Chap.~4, Sect. 4.8 Line 1. Auditor to Town Accountant Chap. %, Sect. 5.3, T~'~e2 Board of Water Commissioners to Board of Public Works ARTICLE 14~ Voted ~umnimously to adopt the article. ARTICLE 15. Voted unanimously to adopt the article. ARTICLE 16 Voted petitioners to with draw the article. ARTICLE 17. Voted petitioners to withdraw the article. ARTICLE 18. Voted to adopt the article. (majority) ARTICLE 19. Voted petitioners to withdraw the article. ARTICLE 20. Voted unanimously to raise and appropriate $6,000 for this article. ARTICLE 21. Voted to raise and appropriate $5,000 for this article. 179 yes 82 no. ARTICLE 22. Voted umantmously to raise and appropriate $3,000 for this article. ARTICLE 23. Voted unanimously ~o raise and appropriate $800 for this article. ARTICLE 2~.. Voted unanimously that the Teen authorize the Selectmen to appoint a study committee oEa mf~f~um of five (5) citizens to investigate -~ ma~e recommendations on the need to reoganize those Town Boards in- volved with land use planning and regulation~ particularly the Planning Board, Board of Health, and the Conservation Commission~ the purpose of the study being to ensure that the organizational structure and relatioship~b~twe~n these Boards provide for maximum coordination · · and efficient use-of ~h~ staff assigned to them and that the committee so appointed will report .back at the next Ann,~-I Town Meeting. AR2ICLE ~5. Voted to reject the article. ARTICLE 26. Voted petitioners to withdraw the article. ARTICLE 27. Voted petitioners to withdraw the~ article. ARTICLE 28. Voted to raise and appropriate $5,000 for this article. (majority) ARTICLE 29. Voted to reJec~ the article. ARTICLE 30~ .Voted to stri~e the article. ARTICLE 3lA ,Voted to raise and appropriate $1,000 for this article. (majority) ARTICLE 32.. Voted um~tmously to raise and appropriate $117,807 for this article. ARTICLE 33. Voted unanimously to raise and appropriate'.:$1,400 for this article. ARTICLE 34. ~oted unanimously to raise and appropriate $18, O98 for this article. ARTICLE 35. Voted unanimously to raise and appropriate $1~864 for this article~ ARTICLE 36~ 'Voted unanimously to raise and appropriate $1,532 for this article. ARTICLE 37e Voted to raise and appropriate $1,215 for this article. (unanimously) ARTICLE 38. Voted to raise and appropriate $250 for this article. (majority) APJ~ICLE 39. Voted to raise and appropriate $700 for this article. (majority) ARTICLE 40. Voted unanimously to raise and appropriate $240 for this article. AETICLE 41. Voted~manim°usly to raise and appropriate $100 for this article. ARTICLE 42. Voted unanimously to adopt this article. ~ARTICV.E 43. Voted to amend its ~ersonnel By-~aw, Section 2-Defimations by ad~g the def~ inition "Continuous Part-Tim~ employment"- An employee of the Town who is employed by the' Town for a mi~ of 20 hours per week, every week of the year, with the exception of accrued vacation time. (majority) ARTICLE 44. Voted to amend The Personnel By-Law Schedule C and Schadu~e D, Police Chief and Fire Chief compensation by applying a factor of 1.8 to each step rate of the base pay of the P-1 and F-1 positions. (majority) ARTICLE 45.~Voted unanimously to adopt the article. ARTICLE 46. Voted unanimously to raise and appropriate $16,850 for this article. A~2ICLE 47. Voted to Yaise and appropriate $10,000 for this article. (majority) ARTICLE 48~ Voted to reject this article. ARTICLE 49. ~Voted to reJec~ this article. Yes 18~ No 143 No 2/3 vote. AR2ICLE 50. Voted to adopt the article. Yes 285 Ne 28 With these amendments. Item a) Not more than a total of three (3) peoplemay be employed in the home occupation. · Item ~) not to exceed one thousand (1000) sq,,-~e feet, ARTICLE 51. Voted ~-~mously to amend its ZOning By-Law by adding to Sec. 4.121 a paragraph numbered (16) to read as follows: Family Suite: A seperate dwelling ~t within or attached to a dwelling for a member of a household is allowable by Special Permit provided: a) the dwelling unit is not occupied by anyone except brothers, sisters, maternal, and paternal' parents and grandparents, or children of the residing owners of the dwelling unit; b) that the pr. emises are inspected annually by the Building Inspector for conformance to this Section of the By-Iaw; c) Special Permit shall be recorded at the North Essex Registry of Deeds. 268 ARTICLE 52. Voted unanimously to adopt the article. ARTICLE 53. Voted to reject the article. Yes 12 No 307 ARTICLE 54. Voted unanimously to raise and appropriate $17, 000 for this article. ARTICLE 55. Voted unanimously to raise and appropriate $30,000 for this article. ARTICLE 56. Voted unanimously to raise and appropriate $32,000 for this article. ARTICLE 57 Voted petitioners to withdraw the article. ARTICLE 58. Voted unanimously to raise and appropriate $2,200 to be expended under the direction of the Board of Fire Engineers for the purpose of purchasing an emergency rescue boat, with moter, trailer and necessary saving equipment and that present boat be sold. ARTICLE 59. Voted petitioners to withdraw the article. ARTICLE 60. Voted unanimously to raise and appropriate $12,000 for this article. ARTICLE 61. Voted to raise and appropriate $6.000 for this article. (majority) ARTICLE 62. Voted um~nimously to raise and appropriate $13,000 for this article. ARTICLE 63. Voted (.majority'): to raise and appropriate $10,000 for this article. ARTICLE 64. Voted unanimously to raise and appropriate $97, 000 for this article. ARTICLE 65. Voted unanimously to transfer from Article 66 of the Warrant for the 1978 Annual Town Meeting the sum of $17,000, to be expended under the direction of the Highway Surveyor for the pupose of development of the ARTICLE 66. ARTICLE 67. AE ICLE 68. ARTICLE 69. AR2ICLE 70. ARTICLE 71. ARTICLE 72. ARTICLE 73. ARTICLE 74. AR ' cLE 75. ARTICLE 76. ARTICLE 77. ARTICLE 78. ARTICLE 79. ARTICLE 80. new landfill site. Voted unanimously to Voted unanimously to Voted unanimously to Voted unanimously to $172 from article 21 Voted unanimously to Veted.,m-mimously ~,o Voted unanimously to raise and appropriate $h4~ 739 for this article. raise and appropriate $2~000 for this article. raise and appropriate $41000 for this article. raise and appropriate $1,000 and to transfer of the 1978 Annual Town Meeting. raise and appropriate $5,000 for this article.. raise and appropriate $12,500 for this article. raise and appropriate $100,000 for this article. Voted ~ma-imously to raise and appropriate $1,000 for this article. VotedI to raise and appropriate $1,500 for this article. Yes 158 No ~29 Voted ~,~-uimously to raise ,~d appropriate $5,500 for this article. ~Veted to strike article from warrant. Voted to strike article from warrant. Voted unanimously to raise and apppropriate $15,650 for this article. Vote~Cpetitione~s to withdraw the article. Voted to appropriate $815, 000 to be~ expended under the direction of.~the Board of ~ublic Wor~s, for the Purpose of extending the sewer on Pleasant Street, Marblridge Road A~ Johnson Street, a distance of.(12,%00 feet; and that to raise this appropriation the Treasurer, with the approval" of the' Selectmen, is authorized to borrow the $815,000 ,m~er G,~.- Ch. 44, Section 7 (1) as amended. Yes 363 ~No' 17 AR2ICLE~ ~1~ Voted unan~.m~usly to raise and appropriate ~OOOY.:.for this er~.icle. A~ICLE ~2. Voted. p~Anmmously~to appr~p~riat~$60~lO..~o be expended under the direction .~/~ of the'~ Board ~f Public Works fo~=the purpdse of ~lacing the six inch cast. iron water ma~ om South Bradford Street from Needoeview Road mo Winter Street (~47;790), ami on Dale Street from Winter Street to RusSet Zane ' ($12,720)', a~d that to raise this appropriation the Treasurer, ~th the approval of' the Selectman, is authorized to borrow the $65~510 ~under "' G.L. Ch. 44, Section 8 (5) as amended. ARTICLE 8~; Voted unanimously to raise and appropriate $18,000 for this .article. AP~TICLE 84. Voted petitioners to withdraw the article. ARTICLE 85. Voted -~-~mously to raise and appropriate $4,500 for this art~cle.~ " A~TICLE 86. Voted ,m-~ously to appropriate $40,000, to be expended under the direction of the Board of Public Works,. for the purpose of replacing the existing 6" vetrified clay sewer on Furber Avenue with a new 8" vetrified cly sewer, and that to rais~ this appropriation the Treasurer, with the approval of the Selectmem~ is authorized to borrow the $40,000 under G.L. Ch. 44,~Section 7 (1) as amended.~ ARTICLE ~7A Voted to reject the article. ARTICLE 88~ Voted to reject the article. ARTICLE 89. Voted unanimously to appropriate the scm of $300,000 to be expdnded under the direction of tbs Selectmen from Revenue' Sharing Funds.~. as follows: lA Fire Dept Salaries........... ~$17~ 000 2. Police Dept. Salaries. ....... .$125,000 ARTICLE 90. Voted to appropriate the sum of $50,000 from Free Sash Availabe Fu~s to the Reserve l~md, (Unanimously). ARTICLE 91. Voted unanimously to take the sum $100, 000 from free cash available funds for the purpose of reducing the tax rate and exempt $90,000 of free cash from the provision of Sectioa 12A of Chapter 151 of the Acts cf 1979 so that such free cash not be utilized for the purpose of reducing the property tax levy in Fiscal Yea~ 1980. ANI~AL TOWN MEETING MAY 29, 30, 31, 1979 2'69 TAX LEVY LIMIT Town voted to exceed the tax levy limit established under Chapter 151 of the Acts of 1979 by the sum of $500,000 so that the Town's tax levy limit for fiscal year 1980 shall be $10,636,235. VOTED YES 4~4 NO 3 APPROPRIATIONS LIMIT Town voted to exceed the appropriation limit established under Chapter 151 'of the Acts~;of 1979 by the sum of $400,468 so that the Town's appropriations limit for fiscal yesr 1980 shall ~be $9,919,607. vOT :ms 6 / / ATTEST: A TRUE COPT ~GIE~K OFFICER"S R~TURN I have a tilled and warned the inhabitants of the Town of North Audover who are qualifie~to vo~e in'Town Affairs by posting true and attesing copies of this Warrant in the Town Building and at five or more public places in each voting precint of the Town. Said copies not having been posted not less than fourteen days before the time of said meeting. North Andover, Mass.. Nov. 3. 1979 D~el Long Town Clerk SPECIAL TOWN ~EETING NOV. 19, 1979 Meeting opened at 7.30 P.M. by Moderator Donald Smith presiding. Two Hundred Thirteen Voters present. Quorum met. ARTICLE 1. To see i/the Town will vote to raise and appropriate the sum of $6,000, to be expended under the direction of the Select- men for the purpose of establishing a school zone under the pm- visions of Chapter 616 of the Acts of 196'/ on Mass. Ave., said amount to ha reimbursed to the Town by the Massachusetts Depart- ment o! Public Works at the completion of the project. Petition of Barbara Graeso and others. 27,0 ARTICLE 2. To see if the Town will vote to approve the use by Ridgewood Cemetery Association of the following described parcel of land for cemetery uso: Beginning at a point on the easterly side of Johnson Street thence in a northeasterly direction by land of Ogden a distance of 399.19' to a point. Thence ha a northwesterly direction by land of Ogden a distance of 549.11' to a point. Thence in a northwesterly direction by land of Sullivan a distance of 209.11' to a point. Thence in a southeasterly direction by land of Ridgewood Cemetery a distance of 73.70' to a point. Thence ha a southeasterly direction by land of Ridgewced Cemetery a distance of 113.60' to a pohat. Thence in 'a northeasterly direction by land of Rid§ewend Cemetery a distance of 260.43' to a pohat. Thence in a northeasterly direction by land of Ridgewood Cemetery a distance of 46.99' to a point. Thence in a northeasterly direct/an by land of Ridgewood Cemetery a distance of 70.87' to a pohat. Thence ha a northeasterly direction by land of R/dgewood Cemetery a distance of 15.83' to a point. Thence ha a northeasterly direction by land of Ridgewood Cemetery a distence of 46.40' to a point. Thence in a southeasterly direction by land of Ridgewood Cemetery a distance of 120.20' to a paint. Thence ha a southeasterly direction by land of Ridgewood Cemetery s distance oI 197.40' to a point on the westerly side of Marbleridge Road. Thence ha a southeasterly direction along Marbler/dge Road a dis- tance of 28.89' to a point. Thence in a northwesterly direction by ]and of Sarcione a distance of 204.62' to a point. Thence, in a south- westerly direction by land of Sareione a distance of 23.71" to a point, Thence in a southwesterly direction by hM of Sarcioue a distance of 31.94' to a point. Thence in a southwesterly dixection by land' of ~u-~/one a distance of 128.07' to a pohat. Thence ha a southeasterly direction by land of Sarcione a distanie of 200.57* to a point. Thence in a southeasterly direction by land of Sarclone a distance of 324.80' tea pohat an the westerly side of Marbleridge Road. Thence ha a south- easterly direction along Marbleridge Road a distance of 45:53' to a pohat. Thence ha a southwesterly direction by land of Mitchell a distance of 478.61' to a point on the northerly side of Abbott Street. Thence. in a northwesterly diraction along Abbott Street a distance of 294.96' to a pohat Thence in s northwesterly ~an by land of Mahoney a distance of 239.49' to a pohat. Thence in a northwesterly d/reation by ]and of Mahoney a distance of 90.90' to a point. Thence ~o: southwesteriy direction by land oi Mahoney a distance of 23.01' point on the eastorly side of Johnson Streea Thence in a north- westerly direction along Johnson Street a distance of 15~t.31' tb the pohat O~ bog~nn'[ng. T~s l~l'Cd cen~ 637,973 S.F. ~-. Petition oi G~yten Osgood a~d others. ARTICLE 3. To see ii the Town will vote to authorize the Highway Surveyor to expend the entire appropriation voted at the Town Meeting 1979 for Chapter 90 Funds. (Due to an error ha the 1980 Budget of the Commonwealth of Massachusotts a $13 mill~on ap- proptiatian, as mandated by Chapter 356 of the Acts of 1977 for the "Construction" of town and county ways, was added to the appro- priation for the Cherry Sheet. Simply stated, the language in the budge~ item referred to the wrong provision o£ the general laws and, thereby, changed the intended method of distribution for these funds. Therefore, of the $44,739.00 Appropriated ar Town Meeting only $34,710.00 will be reimbursed by the state.) Petition of the Highway Surveyor. ARTICLE 4. To see if the Town will vote to raise and appropriate the sum of $3,200.00, ~o be expended under the direction of the Board of Health for the purpose of increasingthehoursofthepresont Board of Health part time clerk to a minimum of twenty .hours per week. Petition of the Board of Health. ARTICLE 5. To see if the Town will vote to appropriate from available/unds the sum of $1,500, to be expended under thedirection of the Selectmen for the"purpose of implementing energy consorva- tion measures in the Town Building. Petition of the Selectmen. ARTICLE 6. To see if the Town will vote to amend the General By-Laws by adding the following section: ..WETLANDS PROTECTION -- TOWN BY.LAW CHAPTER 3, SECTION 3.5 (B) 1. The purpose of this bylaw is to protect the floodplains and wetlands of the Town of North Andover by controlling activities deemed ~o have a significant effect upon wetland values, including but not limited to the following: Public or private water supply, grcundwater, flood control, erosion control, storm damage, water pollution, fisheries, wildlife, recreation, and esthetics. No person shall remove, fill, dredge, or alter any bank, fresh wator wetland, beach, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said wa~ere or any land subject to storm flowage, of flooding, other than in the'course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention so to remove, fill, dredge or alter and without receiving and complying with an order of con- ditions and provided all appeal periods have elapsed. Such notice shall be sent by certified mail to the North Andover Conservation Commission, including such plans as may be necessary ~o describe such proposed activity and its effec~ on the environment. The Same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, win be accepted as fulfilling the requirements of this bylaw. The said Commission, in its discretion, may hear any. oral presentation under th~ bylaw at the same public hearing required to be held under the provisions of said. Chapter 131, Section 40, of the Massa- chusetts General Laws. Definit/ons sec forth i~ said Chapter and Section and in the regulations issued and as may be amended by the Department of Environmental quality Engineeting thereunder,- are hereby made a part of tMs byhw. 2. The term "person", as used in this byhw, ehnl! include any individual, group of individuals, association, partnersMp, corporation, company, business organization, trust, estate, the*Commonwealth or political subdivision thereof, administrative agency, public or quasi- public corporation or body, or any other legal entity or its legal representative, agents or assigns. 3. The cornn~ssion shall make a determination a~ to whether or not this bylaw applies to a specific situation prior to the filing of a' written notice of intent under the provisions hereof, within twenty- one (21) days of the receip~ of a written request sent by certified mail frern any person desiring such determination. The Commi~sien, its a~ent, of~cers and employees, may enter upon the land upon which the proposed work is to be don? in response to a request for a prior determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such e~nmi~a. tion or survey as deemed necessary. 4. The Conservation Commission is empowered to denypormiesien for any removal, dredging, filling, or altering of subject lauds wi~hln the town if, in its judgment, such denial is necessary to preserve environmental quality of either or both the subject lands and con. tlgous lands. Due consideration shall be given to possible ~ffects of the proposal on all values to be protected under th~s bylaw and to any demonstrated hardship on the petitioner by reason of a denial. as brought forth at the public hearing. 5. The Commission may, as an alternative to a denial, impose s~.ch conditions as it deems necessary to contribute to the pmtsd/en and preservation of subject lands in aceerdanee with the purposes of this bylaw. Any Order of Conditions issued under thisbylawshall be subject tn the same constraints and be identical to any such order issued by the North Andover Conservation Commission under the provisions of Massachusetts General Laws, Chapter 131, Sec- tion 40. 6..The notice required by' the first paragraph of this bylaw shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of North Andoverandtobeporformed or ordered to be performed by un administrative agency of the Com. m°nwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commla~aner of the Department of Environmental quality Engineering and the Conser- vation Commission if this bylaw and Massachusetts General Laws, Chapter 131, Section 40, are both applicable, or by the Conse~va. tion Commission if only this bylaw is applicable. In no case shall any removal, filling, dredging or alteration authorized by such certi. flcatlon extend beyond the time necessary to abate the emergency. Petition of the Conservation Commission. 272 ARTICLE 7. To see if the Town ~ ~ ~d the appropria: tions limk established under Chapter lbi bi the Acts of 1979 by the sum of $ so that the Town's appropriation limit for fiscal year 1980 shah be $ Petition of the Selectmen. ARTICLE 8. To see if the Town will vote. to exceed the tax lew- limit established under Chapter 151 of the Acts of 1979 by the su of $ so that the Town's tax levy limit for fisca~ year 1980 shall be $ Petition of the Selectmen. . ARTICLE 1. VOTED UNANIMOUSLY TO ADOPT THE AE~ICLE AND TO TAKE THE SUM OF $6,000 FROM AVAILABE FUNDS. ARTICLE 2. VOTED UNAkq/~OUSLY TO ADOPT THE AI~ICLE. AP~IOIE 3. VO~ED TO ADOPT THE ARTICLE. (NAJOilTy) ARTICLE 4. AB~I~LE STtLINEN FROM THE WARRANT. AS THIS WAS MONEY AR~ICIE IT FAD TO HA~E APPROVAL OF ADVISORY BOARD AND THIS WAS NOT GJ.v~. AE~ICLE 7. TOWN VOTED TO EX~D THE APPROPP, IATION$ ~ ESTABLISHED ~ CHA~zsi{ 151 OF THE ACTS OF 1979 BY THE SUM OF $?,500 SO THAT THE TOWNS APPROPPJATION LINIT FOR FISCAL YEAR 1980 SHALL BE $9,927,107. TOWN VO~.~ TO E~e~.D THE TAX LEVY LIMIT ESTABLISHED UNE~R CHAF1ER ~,gl OF THE ACTS OF 1979 BI THE ADDITIONAL SUM OF $7,500 SO THAT THE TOWNS TAX LEVY LI~ET FOR THE FISCAL ATTEST A TR~E COPy At~ICLE 8. Blank pages~ retnove,t