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HomeMy WebLinkAbout1990-05-08 NOTICE of the importance of the iss~es~ raised.~ Articles Because 19, 20, and 23, the Selectmen, Town Manager, Superintendent of Schools, Advisory Board and Moderator have all agreed to schedule consideration of those Articles to begin at 7:00 p.m. on Tuesday, May 8, 1990. TOWN OF NORTH ANDOVER ANNUAL TOWNMEETING - MAY 7, 1990 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to not i fy and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet in the North Andover High School Fieldhouse on Monday, May 7, 1990, at 7:00 p.m. then and there to act upon the following articles. :. It Article 1. Annual Town Election. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 5, 1990. Board of Selectmen Motion: No motion required. Article 2. Report of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1989 Annual Town Report. Board of Selectmen Motion: Move the article as printed in the warrant. Moved by: Board of Selectmen Article 3. Honorary Citizens. To see if the Town will vote to accept as Honorary Citizens of North Andover the following: Mr. Johan Frodell, an AFS student, from Sweden living with Thomas and Lynn Licciardello. Mrs. Gao Feng Lan, an AFS teacher, from China living with John & Mary Lou Costello. North AndoverAFS Chapter and Others Motion: Move that the Town vote to accept as Honorary Citizens of North Andover the following: Mr. Johan Frodell, an AFS student, from Sweden living with Thomas and Lynn Licciardello. Mrs. Gao Feng Lan, an AFS teacher, from China living with John & Mary Lou Costello. Moved by: School Committee Article 4. Selectmens' Stipend. To see if the Town will vote to petition the legislature for a special act that would authorize the Town to pay a member of the Board of Selectmen his regular Selectmens' stipend, notwithstanding the fact that he is also a paid, full-time fire fighter employed by the Town. Joseph Hermann and others. Advisory Board Recommendation: Unfavorable Action Moved by: Petitioner Article 5. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum $2,000 Chairman, Board of Selectmen, per annum 300 Moderator For each Annual Town Meeting For each Special Town Meeting Board of Selectmen Advisory Board Recommendation: Favorable Action 100 50 Motion: Move the article as written in the warrant. Moved by: Board of Selectmen / Article 6. Quarterly Property Tax Billing. To see if the Town will vote to accept the provisions of Section 41 of Chapter 653, Acts of 1989, relative to quarterly property tax billing; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the article as printed in the warrant. Moved by: Board of Selectmen Article 7. Tax Base Growth Assessment Date Change. To see if the Town will vote to accept the provisions of Section 40 of Chapter 653 of the Acts of 1989, regarding assessment date changes for New Growth, which section amends Subsection (a) of Section 2a of Chapter 59 of the Mass. General Laws by adding "..., In any City or Town which accepts the provision of this sentence, building and other things erected on or affixed to land during the period beginning January second and ending on June thirtieth of the fiscal year preceding that to which the tax relates shall be deemed part of such real property as of January first; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to accept the provisions of Section 40 of Chapter 653 of the Acts of 1989, regarding assessment date changes for New Growth, which section amends Subsection (a) of Section 2a of Chapter 59 of the Mass. General Laws. Moved by: Board of Selectmen Article 8. Fiscal Year 1990 Budget Transfers. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1990 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Advisory Board Recommendation: Motion: Board of Selectmen To be made at Town Meeting Move that the Town vote to transfer certain funds, as voted under Article 1 of the October 5, 1989 Special Town Meeting, from the unexpended balances of: Line 27, Line 5, Town Counsel, Retainer $5,000 Line 8, Planning - Salary & Wages 4,000 Line 10, Personnel - Expenses 3,000 Line 17, Fire - Expense 7,500 Line 21, Board of Health - Salaries 8,000 Line 21, Board of Health - Expenses 8,500 Line 25, Sewerage Collection - Salaries 17,900 Line 26, Water Supply & Distribution - Salaries Parks & Grounds Maintenance - Salaries 1,100 Line 28, Tree Maintenance - Salaries 10,000 Line 29, Street Maintenance - Salaries 29,100 Line 31, Refuse Disposal - Salaries 12,900 Line 32, Vehicle & Equipment Maintenance - Salaries 4,600 Line 81, Short-Term Borrowings - TANS 26,000 33,900 being a sum of $171,500 to be added to the following accounts: Line 1, Line 1, Line 2, Line 4, Line 7, Line 14, Line 15, Line 16, Line 17, Line 18, Line 24, Line 42, Line 44, Line 46, Town Manager & Selectmen - Salaries 2,000 Town Manager & Selectmen - Expenses 9,500 Division of Finance - Expenses 36,000 Town Clerk - Election - Census Advisory & School Building Town Hall - Senior Center - Garage Community Center - Expenses Police Dept. - Salaries Fire Dept. - Salaries Civil Defense - Salaries Admin. & Eng. - Salaries Patriotic & Civil Celebration Insurance General Special Legal Services 10,000~ 4,000 5,000 1,000 13,200 16,000 50O 1,700 600 46,000 26,000 Moved by: Board of Selectmen Article 9. Treasurer Authorizations. To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, pursuant to Sections 4 and 17 of Chapter 44 of the General Laws; and to see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to enter into written agreement to obtain banking services from banking institutions in return for maintaining on deposit in said institutions specified amounts of the funds of the Town, pursuant to Section 53F of said Chapter 44; or to take any other action relative thereto. Board of Selectmen Motion: Move the Town vote to authorize the Treasurer, with the approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, pursuant to Sections 4 and 17 of Chapter 44 of the General Laws; and move that the Town vote to authorize the the Treasurer, with the approval of the Selectmen, to enter into written agreement to obtain banking services from banking institutions in return for maintaining on deposit in said institutions specified amounts of the funds of the Town, pursuant to Section 53F of said Chapter 44; or to take any other action relative thereto. Moved by: Board of Selectmen Article 10. Acceptance of EEO Money. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 91 in accordance with M.G.L. Chapter ?0A, as inserted by St. 1985, C. 188; or to take any other action relative thereto. School Committee Advisory Board Recommendation: Favorable Action Motion: Move the article as written in the warrant. Moved by: School Committee Article 11. Equal Education Opportunity Grant. To see if the Town will vote to approve the acceptance by the Greater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion-. Move the article as written in the warrant. Moved by: John Caffrey or School Committee Article 12. Airplane Fuel Excise Tax. To see if the Town will vote to accept Chapter 64J of the General Laws relating to the taxation of fuels used in the propulsion of aircraft; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the article as written in the warrant. Moved by: Board of Selectmen 1991. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning July 1, 1990, and ending June 3O, 1991; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to accept the recommendations of the Board of Selectmen as presented in the warrant in the column headed Board of Selectmen recommends with exception of the Greater Lawrence Regional Vocational School on page 6 which has been amended to read $180,645, the department request. Moved by: Board of Selectmen Article 14. Water Treatment Plant - Granular Activated Carbon Replacement Fund. To see if the Town will vote to raise and appropriate $170,000 to establish a Reserve Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Advisory Board Recommendation: Motion: Director of Public Works Favorable Action Move that the Town vote to raise and appropriate $170,000 to provide for the periodic GAC replacement for the Water Treatment Plant; such expenditures to be made only with the approval of the Director of Public Works. Moved by: Board of Selectmen Article 15. Study of Water System Hydraulics and Lake Outlet. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M. G. L. Ch. 44, the amount of $85,000, or any other sum, to be expended under the direction of the Town Manager, or his designee, for the purpose of conducting a hydraulic analysis of the water system and investigate the necessity for repairs or improvements to the outlet structure of the lake (The Hatch); or any other action relative thereto. Director of Public Works Advisory Board Recommendation: No Action Motion: Move to take no action on the article. Moved by: Board of Selectmen Article 16. Renumbering of the Various Bylaws. To see if the Town shall accept the renumbering of the various bylaws of the Town from their original numbering to the numbering or codification, arrangement, sequence and captions as set forth in the Code of the Town of North Andover, dated 1989 and published by General Code Publishers Corp. of Rochester, New York; said codification having been done under the direction of the Town, and said Code being a compilation of the present bylaws of the Town, and having no substantive changes in the text thereof; or to take any other action relative thereto. Town Clerk Motion: Move the article as printed in the warrant. Moved by: Town Clerk Article 17. Transfer of Funds from Inactive Overlay Accounts to Active Overlay Accounts. To see if the Town will vote to transfer into the FY 89 overlay account the following remaining sums: $.53 from the FY 83 overlay, $169.93 from the FY 84 overlay, $414.02 from the FY 85 overlay, $68,547.13 from the FY 88 overlay and to transfer into the FY 90 overlay the following remaining sums: $30,019.42 from the FY 86 overlay and $90,988.86 from the FY 87 overlay; or to take any other action relative thereto. Board of Assessors Advisory Board Recommendation: Favorable Action Motion: Move the article as printed in the warrant. Moved by: Board of Assessors or Director of Finance Article 18. Deferred Real Estate Tax for Senior Citizens. To see if the Town will vote to allow the Board of Selectmen to adopt or to petition the General Court to adopt a special act authorizing the Town to permit certain residents aged sixty-two and older to defer real estate tax increases on their principal residences in such form as to be prepared and submitted by the Board of Selectmen; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to allow the Board of Selectmen to adopt regulations or to petition the General Court to adopt a special act authorizing the Town to permit certain residents aged sixty- two and older to defer real estate tax increases on their principal residences in such form as to be prepared and submitted by the Board of Selectmen. Moved by: Board of Selectmen Article 19. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Purpose Request Board of Selectmen Recommend Advisory Board Recommend Division of Financ~ 1. Town Revaluation 2. In-House Assessing System 3. Automated Tax Collection System 4. Computer-Evaluation & Utilization Review 150,000 24,500 26,890 50,000 0 30,000 26,890 30,000 0 30,000 26,890 30,000 Town Clerk 5. OPTECH III-P Election System 55,800 0 0 Fire Department 6. 4 WD Vehicle 7. Replace Car 8 (Ambulance) 8. New Pumper-Engine 2 23,000 95,000 200,000 0 0 Police Department 9. Officer Protection & Building Security/ Repairs (3 parts) 10. Communications Network 11. Vehicle Needs 150,000 105,326 28,000 0 0 0 Department of Public Works 12. Merrimack River Intake 2,000,000 13. Public Works Equipment 343,000 14. High School Bleachers 75,000 15. Phase III Sewer - Improvements along South Side of Lake 500,000 16. Water Main Rehabilitation 2,000,000 0 0 0 0 2,000,000 0 0 0 0 0 Purpose Department Request Board of' Selectmen Recommend Advisory Board Recommend Planning & Comm. Develop. 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer 31,100 0 0 7,000 0 0 Public Buildings 19. Roof Repairs-Town Hall 20. Fire Alarm Systems 10,000 0 0 25,000 0 0 School Department 21. Asbestos Program 600,000 0 0 Board of Selectmen Item 16. Planning Board Recommendation: Favorable Action Motion: Move that the Town vote to borrow under the provisions of Chapter 44 the following sums as recommended by the Advisory as printed in the warrant. Moved by: Advisory Board Article 20. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sums for the purposes listed below, with any borrowing to be contingent upon approval of an exemption of the debt service from the limits of Proposition 2 1/2; or to take any other action relative thereto· Department Purpose Request Board of Selectmen Recommend Advisory Board Recommend Fire Department 1. Architectural Services & Design Fees For Construction of a New Fire Station $ 35,000 35,000 35,000 School Department 2. Constructing & Equipping a New Elementary School at Calzetta Farm Site 10,600,000 10,600,000 10,600,000 Purpose 3. Design & Construction of Modifications & Renovations to High School Science Area and Related Areas Constructing & Equipping a New Elementary School at Thomson School Site and to Demolish Existing School Design & Specifi- cations for Additions & Renovations to Middle School Stevens Library Department Request 1,600,000 5,550,000 481,838 Board of Selectmen Recommend 1,600,000 5,550,000 481,838 Advisory Board Recommend 1,600,000 5,550,000 481,838 e Constructing an Addition and Renovating the Stevens Library 2,600,000 2,600,000 2,600,000 Board of Selectmen MOTION: Move the Town vote that the following sums are appropriated for the following purposes as recommended by the Board of Selectmen as printed in the warrant, and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $4,716,838 under Chapter 44 of the General Laws as amended and $16,150,000 under Chapter ~645 of the Acts of 1948 as amended; provided that no funds shall be borrowed under this vote for either new elementary school project prior to approval of the individual project for a state construction grant under said Chapter 645; and further, those appropriations under item 1, be expended under the direction of the Town Manager, those appropriation under item 2, item 3, item 4, and item 5 be expended under the direction of the School Building Committee and those appropriation under item 6 be expended under the direction of the Board of Library Trustees; and provided further that no appropriation and borrowing authorization made for a project by this vote shall take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. C. 59 S. 21C (Proposition 2 1/2) amounts required to pay the principal and interest on the borrowing for that project. Moved by: Board of Selectmen ® Constructing an Addition and Renovating the Stevens Library 2,600,000 2,600,000 2,600,000 Board of Selectmen MOTION: Move the Town vote that the following sums are appropriated for the following purposes as recommended by the Board of Selectmen as printed in the warrant, and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $4,716,838 under Chapter 44 of the General Laws as amended and $16,150,000 under Chapter 645 of the Acts of 1948 as amended; provided that no funds shall be borrowed under this vote for either new elementary school project prior to approval of the individual project for a state construction grant under said Chapter 645; and provided further that no appropriation and borrowing authorization made for a project by this vote shall take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. C. 59 S. 21C (Proposition 2 1/2) amounts required to pay the principal and interest on the borrowing for that project. If the projects are to be voted upon separately, the following forms of vote may be used: Projects 1, 3, 5, and 6 Voted: that $ is for (project) and that to meet this appropriation, the er, with the approval of the Selectmen, is authorized to $ under Chapter 44 of the G~eral Laws; provided , that this vote shall not take ef~e~ ~ntil the Town/ to exempt from the limitation on to, al ~taxes imposed/~ G.L. C. 59, S. 21 (Proposition 2 1/2~ amo_~ts required~o pay the principal of, and interest on, the bOrrowin~autho] by this vote. ! Pr~ects 4 Voted: that $ that to meet this appro~ of the Selectmen, is authori Chapter 645 of the Acts of state construction grant however, that this vote votes to exempt from the/~t. G.L.C. 59, S. 21 (Proposytion principal of, and inter~t on, vote./- Moved by: Board of S~ectmen appropriated for (project) and the Treasurer, with the approval to borrow $ under as amended after approval of a said Chapter 645; provided, take effect until the Town on total taxes imposed by 2 1/2 required to pay the the :owing authorized by this Article 21. Hotel/Hotel Excise Tax. To see if the Town will vote to enact a local option law permitting the Town to impose a local room occupancy excise upon the transient rental of rooms in hotels, motels and lodging houses at the rate of four percent under the provisions of MGL, Chapter 64G, Section 3A; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the Town accept M.G.L., Chapter 64G, Section 3A permitting the Town to impose a local room occupancy excise. Moved by: Board of Selectmen Article 22. Municipal Charges, Bills and Interest By-Law. To see if the Town will vote in accordance to M.G.L. Chapter 40, Section 21E to adopt a by-law providing for the establishment of due dates for the payment of municipal charges and bills, and to fix a rate at which interest shall accrue if such charges remain unpaid after such due dates, and further, to see if the Town will vote to rescind the vote taken pursuant to Article 9 of the 1989 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town adopt the following by-law: Chapter 17-8 Water/Sewer bills will be issued on a quarterly basis and are due and payable on or before thirty (30) days from the billing date (date of postmark). Any unpaid bills will be reflected as arrears on the following bill cycle, with interest. Any payments received will be applied to the arrears portion first with the balance being applied to the current bill. A penalty of 14% interest per annum on the current water billed will be applied to any payments received after the due date. This interest is calculated retroactive to the billing date. All bills outstanding for the quarter ended June 30th will be removed from the accounts receivable for water and sewer and applied for collection as part of the property tax, in accordance with M.G.L. Ch. 40, s. 42A and 42D. Moved h y: Board of Selectmen Article 23. Water Treatment Plant. To see if the Town will vote to appropriate a sum of money in addition to the $10,500,000 (as reduced by a state award) appropriated under Article 68 of the warrant for the 1985 Annual Town Meeting and the $4,500,000 appropriated under Article 2 of the December 10, 1987, Special Town Meeting for completion of the water treatment plant; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Recommend $5,000,000 Motion: Move that the Town vote to appropriate $5,000,000 in addition to the $10,500,000 (as reduced by a State Aid award) appropriated under Article 68 of the warrant for the 1985 Annual Town Meeting and the $4,500,000 appropriated under Article 2 of the December 10, 1987 Special Town Meeting for completion on the Water Treatment Plant; that to meet this appropriation the Treasurer with the approval of the Baord of Selectmen is authorized to borrow $5,000,000 under G.L. c. 44, Sec. 8; that the Town Manager is authorized to contract for and expend any Federal or State Aid available for the project; and that the Town Manager is authorized to take any other action necessary to carry out this project. Moved by: Board of Selectmen Article 24. Repairs to Municipal Buildings. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the sum of $225,000 or any other sum to be expended for major building improvement to the Stevens Memorial Library, for replacement and/or repair to the Kittredge School roof, and for renovation to the lower level entrance of Town Hall to provide handicapped accessibility; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the Town vote that $100,000 is appropriated for major improvements to the Stevens Memorial Library, to be expended under the direction of the Board of Library Trustees; that $95,000 is appropriated for replacement and/or repair to the Kittredge School roof, to be expended under the direction of the School Committee; that $30,000 is appropriated for renovations to the lower level entrance of Town Hall to provide handicapped accessibility, to be expended under the direction of the Town Manager; and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $225,000 under G.L.C.44, S7(3A) Moved by: Board of Selectmen Article 25. Acceptance of MGL Chapter 148, Section 26Io To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 148, Section 26I as outlined in Chapter 642 of 1989: Section 26I. In a city, town or district which accepts the provisions of this section, any building hereafter constructed or hereafter substantially rehabilitated so as to constitute the equivalent of new construction and occupied in whole or in part for residential purposes and containing not less than four dwelling units including, but not limited to, lodging houses, boarding houses, fraternity houses, dormitories, apartments, townhouses, condominiums, hotels, motels and group residences, shall-be equipped with an approved system of automatic sprinklers in accordance with the provisions of the state building code. In the event that adequate water supply is not available, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Owners of buildings with approved and properly maintained installations may be eligible for a rate reduction on fire insurance. Fire Chief Motion: Move the article as printed in the warrant. Moved by: Fire Chief Article 26. Condominium Homeowners. To see if the Town will vote to amend it's General By-Laws so to recognize the status of condominium homeowners giving them rights to equal services for equal taxes paid, especially in cases where streets are accepted and are town-owned. Theresa M. Nevins and Others. Moved by: Petitioner Article 27. Condominium Homeowners - Trash Pick Up. To see if the Town will vote to amend Chapter 115 of the North Andover Bylaws, Section 1, paragraph A, by adding the following: (3) not withstanding the foregoing, the Town will provide customary residential trash pick up for the residential units of Village Green at North Andover Condominium Trust. The complex consists of 127 resident units. Board of Selectmen, on behalf of the petitioners under Article 26, without a Board vote on merits of the petition. Advisory Board Recommendation: Unfavorable Action Moved by: Theresa M. Nevins 1/I Article 28. Signalization of Mill Road/Flagship Drive/Rte. 114. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Chapter 44, the sum of $125,000, or any other sum for the purpose of providing traffic signals at the intersection of Mill Road/Flagship Drive/Rte. 114, and that the Town Manager be authorized to contract for all services relative thereto, and that the total cost of the project be assessed through betterment assessments to benefited commercial/industrial property owners; or to take any other action relative thereto. Board of Selectmen Planning Board Recommendation: Favorable Action Advisory Board Recommendation: Favorable Action Notion: Move the article as printed in the warrant. Moved by: Board of Selectmen Article 29. Road Acceptance. To see if the Town will vote to accept Spring Hill Road as a public way for the benefit of the inhabitants of the Town of North Andover, to be used for all purposes for which publicly accepted ways are customarily used. Being the Road shown as Spring Hill Road, North Andover, Massachusetts as set forth on a plan of land entitled: "Definitive Subdivision Plan of "Spring Hill" Located in North Andover, Massachusetts; Owner and Applicant: John C. Tuttle, Jr., 57 Village Green Drive, North Andover, Massachusetts 01845, "Thomas E. Neve Associates, Inc., Engineer and Surveyor-Land Use Planners, 447 Old Boston Road, U.S. Route 1, Topsfield, Massachusetts, Scale 1' = as noted; Date: October 17, 1984; Revised to: February 26, 1985. Said Plan is recorded at North Essex Registry of Deeds as Plan No. 9779. Said Road is laid out on the above-referenced plan as shown from Station 0 plus 0 to Station 14 plus 43.05. For title to said property see deed at North Essex Registry of Deeds at Book 1935, page 347. Paul St. Hilaire and Others Planning Board Recommendation: Unfavorable Action Moved by: Petitioner Article 30. Grant Easements, 118-120 Second Street. To vote to see of the Town will grant two easements to rectify the encroachment of two (2) stone retaining walls and staircases over land owned by the Town of North Andover situates on both Waverley Road and Second Street and described as follows: The perpetUal right and easement over a seventy foot (70') long strip of land shown on a plan of land entitled "Plan of Land 118-120 Second Street, North Andover, Mass., Scale: 1"=10', February 22, 1990, Lewis H. Holzman, R.L.S." which seventy foot long (70') strip is part of a parcel of land situated on Waverley Road along the easterly side of land owned by the Town of North Andover; and The perpetual right and easement over a seventy-one and ninety-five one hundredths foot (71.95') long strip of land shown on a plan of land entitled "Plan of Land 118-120 Second Street, North Andover, Mass., Scale: 1"=10', February 22, 1990, Lewis H. Holzman, R.L.S." which seventy-one and ninety-five one hundredths foot long (71.95') strip is part of a parcel of land situated on both Waverley Road and Second Street along the easterly and southerly side of land owned by the Town of North Andover. These easements shall also include the perpetual right and easement to at any time and from time to time, to renew, add to, replace, repair, ~e, inspect, and otherwise change and service the said areas, and to enter upon and to pass along said areas to and from the adjoining land for all of the above purposes. David A. Morton and Others Planning Board Recommendation: To be made at Town Meeting Moved by: Petitioner Article 31. Wetlands Protection Act. To see if the Town will vote to appropriate $2,112.50 which are the funds raised through Conservation Commission filing fees under Chapter 131, Section 40, to be expended under the direction of the' Conservation Commission for the purpose of administering the Wetland Protection Act; or to take any other action relative thereto. The Conservation Commission shall report annually to the Town Manager on the expenditures of these funds. Conservation Commission Advisory Board Recommendation: Favorable Action Motion: Move as printed in the article. Moved by: Conservation Commission Article 32. The Keeping of Animals. To see if the Town will vote to amend the Zoning Bylaw as follows; or to take any other action relative thereto. Section 4.121,6(b) (c); 4.122,6(b) (c); 4.123,8(b) (c); 4.124,6(b) (c); (4.125),8(b); 4.125,10(b) (c); 4.126,19(b) (c); 4.127,20(b) (c); 4.128,13(b) (c); 4.129,6(b) (c);4.130,8(b)(c); 4.131,13(b) (c); 4.132,13(b) (c); and 4.134,13(b) (c). (b) In any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of any animals, birds or pets of persons not residents on such lot. (c) On any lot of at least five (5) acres the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries. Planning Board Explanation: This change is being made to conform with Massachusetts General Law, relating to the keeping of animals. Planning Board Recommendation: Favorable Action Moved by: Planning Board ARTICLE #32 - MOTION - Move to amend the Zoning Bylaw by deleting paragraphs B & C of the sections printed in Warrant Article #32; Sections 4.121,6; 4.122,6; 4.123,8; 4.124,6; 4.125,8; 4.125,10; 4.126,19; 4.127,20; 4.128,13; 4.129,6; 4.130,8; 4.131,13; 4.132,13; 4.134,13. and insert in place thereof the language found in paragraphs B & C as printed in Warrant Article #32 into each of the said sections. ARTICLE #33 - MOTION - Move to amend the Zoning Bylaw by renumbering the subsections in Section 4 after Section 4.125 chronologically, to correct the fact that there are currently two sections 4.125; and by renumbering the subsection following subsection 13.4 by deleting the number 5.1 and substituting the number 13.5. Article 33. Renumbering. To see if the Town will vote to amend the Zoning Bylaw by renumbering certain portions of Section 4, starting with Section 4.125, Residential 6 and subsequently those that follow in Section 4. Renumber Section 13, more specifically Section 5.1, Standards and Restrictions. Renumbering to read 13.5; or to take any other action relative thereto. Planning Board Explanation: To cleanup the existing Bylaw and make orderly. Planning Board Recommendation: Favorable Action Moved by: Article 34. Definitions, Section 2 - Amending Zoning Bylaw (Hazardous Material). To see if the Town will vote to amend the Zoning Bylaw, by adding to Section 2, Definitions, a new Section 2.39.1, Hazardous Haterial(s) to read as follows; or to take any other action relative thereto: Section 2.39.1 Hazardous Material(s). Any chemical or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land in waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under MGL Chapter 21C and 21E and those chemicals on the list in Committee Print Number 99-169 of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986: (including any revised version of the list as may be made pursuant to subsection (d) or (e).) Planning Board Planning Board Recommendation: Favorable Action Moved by: Planning Board Article 35. Rezoning Land on Assessor's Plat #107A and 107B. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning hereinafter described parcel from VC and VR to R-3. The land together with the buildings thereon are located in North Andover and more particularly described as follows; or to take any other action relative thereto: Legal description of land South of Brook Street, West of Farnum Street and Towne Street and East of a line marking 1000' and parallel to Route 114, zoned Village Residential (VR) and Village Commercial (VC) to be rezoned to Residential-3 (R-3), bound and described as follows: Beginning at a point on the Southerly side of Brook Street, said beginning point being 1000 feet from the Easterly side of the Salem Turnpike, thence turning and running Easterly by Brook Street to the Westerly side of Farnum Street, thence turning and running Southeasterly by said side of Farnum Street to the Westerly side of Towne Street, thence turning and running Southerly by said side of Towne Street to a point which is located 1000 feet Northeast of the Salem Turnpike, thence turning and running Northwesterly by a line which is 1000 feet from and parallel to the Easterly side of said Turnpike to the point of the beginning. Shown on Assessors Map Plat # 107A and 107B, Parcels 41, 31, 2, and 3. Planning Board Planning Board Recommendation: Favorable Action Moved by: Planning Board Article 36. Rezoning Land on Assessor's Plat # 25, Parcel 22. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from R-3 to R-6. The land together with the buildings thereon are located in North Andover and more particularly described as follows; or to take any other action relative thereto. Beginning at an iron pipe in the easterly line of the State Highway, sometimes called the Andover By-Pass; thence Easterly by a stone wall by land now or formerly of Onias and Odelie Turgeon three hundred forty (340) feet to an iron pipe; thence southwesterly two hundred sixty-nine and 9/100 (269.09) feet by land of Lotta M. Johnson to an iron pipe; thence northwesterly one hundred seventy-five and 9/100(175.09) feet by a drive way to an iron pipe in said easterly line of the said State Highway; thence Northerly by said State Highway Line one hundred twenty-two and 61/100 (122.61) feet to an iron pipe, the point of beginning. Together with any right of way within our power over an abandoned road formerly called Willow Street. Planning Board Explanation: Planning Board Recommendation: Favorable Action Moved by: Planning Board Article 37. Rezoning Land on Assessor's Plat %107A, Parcel 148. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from VR to VC. The land together with any building thereon are located in North Andover and more particularly described as follows: Northerly, four hundred forty-five (445) by land of Henry A. and Bernice Fink; Easterly one hundred fifty (150 feet by land of now or formerly of John C. Farnum, also known as John C, Farnham; Southerly four hundred (400) feet by land of now or formerly of John C. Farnum, also known as John C. Farnham, and; Westerly three hundred fifty (350) feet by Salem Turnpike, otherwise known as Route 114. Robert Dunn and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 38. Rezoning Land on Assessor's Plat #10, Parcels 36 and 58. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcels from R-4 to B-2. The land together with the buildings thereon are located in North Andover and more particularly described as follows: Bounded Southwesterly: 100.0 feet by Massachusetts Avenue; Northwesterly: 200.0 feet by the Town of North Andover Playground; Northeasterly: 100.0 feet by land now or formerly of Davis and Furber Machine Company; Southeasterly: 200.0 feet by land now or formerly of Charles D. Glennie, Inc. Joseph V. Mahoney and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 39. Rezoning. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from R-2 to Village Commercial (VC), a parcel of land consisting of 13 acres, more or less, on the Northeasterly side of Turnpike Street, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land located in North Andover, Essex County, Massachusetts being more particularly described as follows: The land being shown as Lots 1 through 6 on a plan of land entitled "Plan of Land in North Andover, MA., Prepared for Forbes Realty. John A. James and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 40. Rezone from GB, R-2 and VR to VC. To see if the Town will vote to amend the zoning Bylaw and Map to change from the existing zoning designation, (General Business (GB) and Residential-2 (R-2) and Village Residential (VR) to Village Commercial (VC) a parcel of land located on the Southwesterly side of Turnpike Street and the Northeasterly side of Sullivan Street owned at present by Angus Realty Corporation, containing 5.48 acres, more or less, and bound and described as follows: Beginning at the intersection of the center line of Turnpike Street and the extended center line of Sullivan Street; thence running Northwesterly along the center line of Turnpike Street a distance of 1135 feet, more or less; thence turning and running Southwesterly, Northwesterly and Southwesterly by land now or formerly of Richard P. and Joyce C. Quinn and land now or formerly of Walter and Lillian Hoyt a total distance of 635.96 feet, more or less, to the center line of Sullivan Street; thence turning and running Southeasterly by the center line of Sullivan Street and its extension to the center line of Turnpike Street and the point of beginning. Thomas Yameen and Others Planning Board Recommendation: Unfavorable Action Moved by: Petitioner Article 41. Rezone from Business-4 (B-4) to Business-2 (B- 2). To see if the Town will vote to amend the Zoning Bylaw and Zoning Map of the Town of North Andover from Business-4 to Business-2 the following described parcels: Parcel 1 A certain parcel of land situated on the Easterly side of the Andover By-Pass, Route 125, and shown as Lot A on a plan of land in North Andover, Massachusetts as subdivided by C. Lincoln Giles, dated February 13, 1967, Clinton F. Goodwin, registered land surveyor, recorded with the Essex North Registry of Deeds as Plan No. 5643, and more particularly bounded and described as follows: Northeasterly by the Salem Turnpike as shown on said plan, 277.07 feet; Easterly by Lot B as shown on said plan, 58 feet; Southeasterly by said Lot B as shown on said plan, 311 feet; Westerly by the Andover By-Pass as shown on said plan, 337 feet; and Northwesterly as shown on said plan 134.30 feet. Containing 1.56 acres, more or less. Parcel 2 Two following described parcel of land with all the buildings thereon situated on the Easterly side of the Andover By-Pass and shown as Lot B on a plan of land in North Andover, Massachusetts as subdivided by C. Lincoln Giles, dated February 13, 1967, Clinton F. Goodwin, registered land surveyor, recorded with the Essex North Registry of Deeds as Plan No. 5643, and more particularly bounded and described as follows: Northeasterly by the Salem Turnpike, one hundred fifty (150) feet as shown on said plan; Southeasterly by land now or formerly of Anna M. Walley four hundred sixty-five and 56/100 (465.56) feet as shown on said plan; Southwesterly by the Andover By-Pass one hundred fifty-nine and 80/100 (159.80) feet as shown on said plan; Northwesterly three hundred eleven (311) feet as shown on said plan; and Northwesterly again fifty-eight (58) feet as shown on said plan. Containing 1.23 acres, more or less. James C. Holland and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 42. Rezone from Resident-2 (R-2) to Industrial-1 (I-l). To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change from Resident-2 (R-2) to Industrial-1 (I-l), an 8.9 acre portion of a certain parcel of land consisting in total of 30 acres, more or less, off Flagship Drive, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: Lots U and S on a plan of land entitled "Plan of Land in North Andover, MA., Prepared for Vincent Grasso and Robert Regan", Owner and Applicant: Vincent Grasso and Robert Regan, 815 Turnpike Street, North Andover, MA., Engineer "Christiansen Engineering, Inc, 114 Kenoza Avenue, Haverhill, MA, Scale: 1"= 40' dated June 3, 1985, which plan is recorded at the Essex North District Registry of Deeds as Plan #10,020, each said lot being bounded and described as follows: Lot U Easterly: by Flagship Drive, as shown on said plan, 72.62; Southeasterly: In two courses in a curved line, by Flagship Drive, as shown on said plan, 28.88 feet and 57.25 feet; Southeasterly: Again by Lot S' as shown on said plan 196.93 feet; Westerly: In five courses, by land now or formerly of Commadore Corp., as shown on said plan, 83.18 feet, 113.43 feet, 120.47, 186.90 feet and 87.10 feet; Northwesterly: By land now or formerly of Commadore Corp., as shown on said plan, 10.00 feet; Northeasterly: In two courses, by Lot R' as shown on said , plan, 98.02 feet and 376.19 feet; Said Lot U contains 80,222 square, feet, according to said plan. Being the same premises conveyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of Robert P. Regan, John Grasso and vincent Grasso, and recorded at the Essex North Registry of Deeds at Book 2045, Page 279. L°t s Northeasterly: By Flagship Drive, in a curved line, as shown on said plan, 150.00 feet; Easterly: By land now or formerly of Capricorn Corp., as shown on said plan, 414.65 feet; Northeasterly: By land now or formerly of Capricorn Corp., as shown on said plan, 175.00 feet; Easterly: By land now or formerly of Capricorn Corp., as shown on said plan, 136.86 feet; Northeasterly: By land now or formerly of Haverty, as shown on said plan, 322.75 feet; Southwesterly: In two courses, by land now or formerly of Commadore Corp., as shown on said plan 195.44 feet and 171.10 feet; Westerly: By land now or formerly of Commadore Corp., as shown on said plan, 162.54 feet; Westerly: Again, in two courses, by land now or formerly of Commadore Corp., as shown on said plan, 147.94 feet and 153.31 feet; Northwesterly: feet. By Lot U, as shown on said plan, 196.93 Said Lot S contains 209,113 square feet, according to said plan. Being the same premises conveyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of Robert P. Regan, John Grasso and Vincent Grasso, and recorded at the Essex North District Registry of Deeds at Book 2045, Page 279. A certain parcel of land situated in Andover and North Andover, Essex County, Massachusetts, and being located on the Easterly side of Route 125, known as the "By-Pass", said parcel being further identified and described as follows: Beginning at a point in Andover on the Easterly line of Route 125, thence running Southeasterly along said Easterly line of said Route 125. one hundred forty-eight (148') feet, more or less; thence turning and running Easterly by land now or formerly of The Trustees of Reservations one hundred seventy-eight (178') feet, more or less, to a stone wall; thence turning and running along said stone wall by land of said The Trustees of Reservations approximately 1,460 feet, more or less, to a point in North Andover by land now or formerly of the Grantor herein; thence turning and running Easterly by land now or formerly of said Grantor along a stone wall approximately 145 feet, more or less, to a point at the end of said stone wall; thence turning and running Northerly along the Westerly line of land now or formerly of the Grantor herein 1,235 feet, more or less, to a point where a stone wall intersects said Grantor's property; thence turning and running Westerly along the stone wall referred to, by land now or formerly of Vincent J. Marino and also by land now owned by The Trustees of Phillips Academy 790 feet, more or less to the point of beginning. The parcel herein conveyed containing 10.71 acres, more or less, in North Andover and containing 1.03 acres,more or less, in Andover, Massachusetts. Being the same premises con~eyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of H. Maureen Gaudet and Renata Cavallaro, Trustees of Citation Realty Trust, dated April 29, 1985 and recorded at the Essex North District Registry of Deeds at Book 1962, Page 56. A certain piece of land situated in North Andover known as "Kimball House Lot" containing two (2) acres and ninety-two (92) rods. The second piece is known by the name of "Long Pasture", so- called, containing twelve (12) acres and sixty-three (63) rods. Both pieces described in deed from Aaron, Mary, Daniel, Harriet, Jasper, Lucey and Betsey Rea to William Rea, Book 446, Leaf 118, April 16, 1850. The other piece adjoins the previous ones and runs easterly to Willow Street, bounded as follows: Beginning at a corner on the Southerly side of Willow Street by land of Enoch Frey; thence Westerly with the wall thirty- seven (37) rods and eleven (11) links; thence Northerly two (2) rods; thence Easterly thirty-seven (37) rods and eleven (11) links to above mentioned road; thence Southerly by said road two (2) rods to the point of beginning. The second parcel was formerly an old road and begins at the Southeasterly corner of the previous named parcel and running Southerly two (2) rods more or less; thence Westerly by land of Enoch Frye thirty (30) rods more or less to land now or Board of Selectmen formerly of said grantor; thence Northerly by said grantor about two (2) rods more or less to land now or formerly of Theresa A. and Frank J. Symosek thence Easterly by land now or formerly of Theresa A. and Frank J. Symosek to the point first mentioned. Being the same premises conveyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of Commadore Corporation, dated April 29, 1985 and recorded at the Essex North District Registry of Deeds at Book 1962, Page 57. Robert E. Webster and Others Planning Board Recommendation: Unfavorable Action Moved by: Petitioner Article 43. Reserve Fund. To see if the Town will vote to raise and appropriate a sum of money to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Recommend $75,000 Motion: Move that the Town vote to raise and appropriate the sum of $25,000 and to transfer from the FY'90 Overlay Reserve Fund the sum of $50,000 for the purpose of funding the Reserve Fund. Moved by: Board of Selectmen Article 44. Stabilization Fund. To see what sum the Town will vote to raise and appropriate for the Stabilization Fund, in accordance with Section 5B of Chapter 40 of the General Laws, from which appropriations may be made by a two-thirds vote of an Annual Town Meeting for any purpose for which a municipality may borrow money or for any other municipal purpose approved by the State Emergency Finance Board; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Recommend $0 Moved by: Board of Selectmen Article 45. Funds to Reduce Appropriation. To see what sum the Town will vote to take from available funds for the purpose of reducing the appropriation for municipal budgets; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Transfer of $0 Moved by: Board of Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place an each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town at the time and place of said meeting. Given under our hands this 18th day of April, Nineteen Hundred and Ninety. NORTH ANDOVER BOARD OF SELECTMEN FRANCIS X. DUGAN, Chairman SEAN J. FOUNTAIN, Clerk KENNETH C. CROUCH, Member ROBERT ERCOLINI, Member ERIC W. BAKERMAN, Member Attest ............................... Constable North Andover, Massachusetts DANIEL LONG: ATTEST: Town Clerk A True Copy ~.~.~/<~ ~_~ .NORT~[ ANDOVER (City/Town) NOTIFICATION OF ACCEPTANCE General Laws Chapter 59, Section 57C (Quarterly Tax Payments) The Commissioner of Revenue is hereby notified that NORTH ANDOV~VZ (city/town) , by action of the T0~I MEETING (governmental body) MAY 7, 1990 (date) , has accepted the provisions of General Laws Chapter 59, Section 57C, as enacted by Chapter 653 §41 of the Acts of 1989, to commence with fiscal year 1991 . ~--~ I DANIEL LONG C-~ (City/Town Clerk) JUNE 12, 1990 (Date) PLEASE ATTACH A CERTIFIED COPY OF THE VOTE AND SUBMIT TO: Tax Rate Section Bureau of Accounts Division of Local Services 200 Portland Street Boston MA 02114-1715 on SPECIAL ELECTION BALLOT QUESTIONS MAY 24, 1990 DOES NOT INCLUDE SBAB FUNDING REQUIREMENT 1. SHALL THE TOWN OF NORTH ANDOVER BE ALLOWED TO EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND ONE-HALF, SO CALLED, THE AMOUNTS REQUIRED TO PAY FOR THE BOND ISSUED IN ORDER TO OBTAIN ARCHITECTURAL SERVICES AND DESIGN FEES FOR CONSTRUCTION OF A NEW FIRE STATION ? 2. SHALL THE TOWN OF NORTH ANDOVER BE ALLOWED TO EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND ONE-HALF, SO CALLED, THE AMOUNTS REQUIRED TO PAY FOR THE BOND ISSUED IN ORDER TO CONSTRUCT AND EQUIP A NEW ELEMENTARY SCHOOL AT THE CALZETTA FARM SITE; ~ _. _.~. TO DESIGN AND CONSTRUCT MODIFICATIONS AND RENOVATIONS TO THE NORTH ANDOVER HIGH SCHOOL SCIENCE AREA AND RELATED AREAS; ~4~ i~4 ©F-:DC'P~TO CONSTRUCT AND EQUIP A NEW ELEMENTARY SCHOOL AT THOMSON SCHOOL SITE AND TO DEMOLISH EXISTING SCHOOL; AND ~ TO OBTAIN THE DESIGN AND SPECIFICATIONS FOR ADDITIONS AND RENOVATIONS TO THE NORTH ANDOVER MIDDLE SCHOOL ? 3. SHALL THE TOWN OF NORTH ANDOVER BE ALLOWED TO EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND ONE-HALF, SO CALLED, THE AMOUNTS REQUIRED TO PAY FOR THE BOND ISSUED IN ORDER CONSTRUCT AN ADDITION AND RENOVATE THE STEVENS LIBRARY ? 4. DO YOU OPPOSE FURTHER CUTS OR WITHHOLDING OF LOCAL AID TO NORTH ANDOVER ? 5. SHOULD THE STATE SHARE 40% OF ITS REVENUE FROM GROWTH TAXES (INCOME, STATE AND CORPORATE INCOME) WITH TOWNS AND CITIES ON A CONTINUING AND CONSISTENT BASIS TO HELP SUPPORT BASIC LOCAL SERVICES SUCH AS PUBLIC SAFETY PUBLIC HEALTH AND EDUCATION ? .ARTICLE 23 - WATER TREATWRNT PLANT HISTORY OF WATER TREATMRNT PLANT PROJECT (Presented at Annual Town Meetinq - May, 1990~ April 1985 Annual Town Meeting appropriated $10,500,000 for construction of a new Water Filtration Plant. The vote authorized the Board of Selectmen to borrow funds for that purpose, authorized the Board of Public Works to expend State grant money and directed that the total authorized borrowing shall be reduced by any State aid received prior to the issuance of bonds and notes. The construction contract was to be bid in September 1986, construction was to start December 1986 and the facility was to be completed by December 1988. May 1986 Water quality problems surface, boil order put in place, attention of Public Works Department and Engineers diverted from Treatment Plant design to solving current water problems. July 1987 Construction Contract put out to bid. August 1987 The Department of Environmental Quality Engineering, Commonwealth of Massachusetts, approved State Aid in the amount of $4,789,750. October 1987 Construction bids received. December 1987 At a Special Town Meeting on December 10, 1987, the Town appropriated an additional $4,500,000.00 for the construction of the Water Treatment Plant. That vote authorized the Selectmen to borrow for the purpose of the article and authorized the Board of Public Works to expend available State Aid. The vote also directed that the net cost of the project was to be paid for through an appropriated adjustment in water rates. December 1987 Town signs contract with the Barletta Company, Inc. for construction of facility for $13,024,429.00. March 1988 Barletta authorized to proceed with construction, completion date December 13, 1989. July/Aug. 1988 Concerns raised about progress of construction. - 2 - October 1988 January 1989 June 1989 July 1989 April 1990 Weston and Sampson took over as lead Engineer on project and retained Lally and Associates as a sub-consultant. Weston & Sampson reported to the Director of Public Works and the Board of Selectmen on the status of the project. Their report indicated that Barletta Company had incurred serious delays during the first nine months of the project and that they have requested a time extension of one hundred and forty-seven calender days. As a result of those delays, a revised construction schedule was negotiated that reflected a completion date of May 26, 1990. Board of Selectmen approved change order #4 in the amount of $2,622,190. and extend contract completion date to January 31, 1991. The change order incorporated significant design and operational modifications that were identified as a result of Weston and Sampson's review of the project. When the Board of Selectmen approved the change order, they determined that it was in the Town's best interest to move forward and complete the plant as soon as possible, without any additional delays. Following the recommendation of Town Counsel, the Board decided to review all matters relating to the responsibility for design changes and the time delay issues until such time as the plant is completed. The Department of Environmental Quality Engineering, Commonwealth of Massachusetts, approved a new State Aid offer of $7,789,750.00. Weston & Sampson confirms previous discussion relating to projected total cost in the amount of $19,876,748.00. Water Filtration Plant Cost Estimates from Inception to Date of Completion April December April 1985 1987 1990 (000) (000) .¢000~ Construction Contract $ 8705 $ 13024 Engineering, Prof. Fees 925 976 Contingency 870 1000 TOTAL COST 10500 15000 LESS: STATE AID <4790> <7790> NET COST $ 5710 $ 7210 $ 16307 3080 489 19876 <7790> $ 12086 purpose Department Request Board of Selectmen Recommend Advisory Board Recommend Planning & Comm. Develop. 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer 31,100 0 0 7,000 0 0 Public Buildings 19. Roof Repairs-Town Hall 20. Fire Alarm Systems 10,000 0 0 25,000 0 0 School Department 21. Asbestos Program 600,000 0 0 Board of Selectmen Item 16. Planning Board Recommendation: Favorable Action Motion: Move that the Town vote to borrow under the provisions of Chapter 44 the following sums as recommended by the Advisory Board as printed in the warrant. Moved by: Advisory Board Motion to Amend - Board of Selectmen Move to amend the motion by deleting Ambulance Replacement in the amount of Police Department Communication Network in the $105,326. therefrom, Item 7. $95,000 and Item 10. amount of Article 8. Fiscal Year 1990 Budget Transfers. To see what" sums the Town will vote to transfer into various line items the Fiscal Year 1990 operating budget.-from other line items of said budget and from other available funds; or to take any other.'-' action relative thereto. Board of Selectmen Advisory Board Recommendation: To be made at Town Meeting Motion: Move that the Town vote to transfer certain funds, as voted under Article 1 of the October 5, 1989 Special Town Meeting, from the unexpended balances of: Line 5, Town Counsel, Retainer $5,000 Line 8, Planning - Salary & Wages 4,000 Line 10, Personnel - Expenses 3,000 Line 17, Fire - Expense 7,500 Line 21, Board of Health - Salaries 8,000 Line 21, Board of Health - Expenses 8,500 Line 25, Sewerage Collection - Salaries 17,900 Line 26, Water Supply & Distribution - Salaries 33,900 Parks & Grounds Maintenance - Salaries Tree Maintenance - Salaries Street Maintenance - Salaries Refuse Disposal - Salaries Vehicle & Equipment Maintenance - Salaries Short-Term Borrowings - TANS Line 27, Line 28, Line 29, Line 31, Line 32, Line 81, being a sum of 1,100 . 10,000 29,100 12,900 4,600 26,000 $171,500 to be added to the following accounts~ Line 1, Town Manager & Selectmen - Salaries 2,000 Line 1, Town Manager & Selectmen - Expenses 9,500 Line 2, Division of Finance - Expenses 36,000 Line 4, Town Clerk - Election - Census 10,000 Line 7, Advisory & School Building 4,000 Line 14, Town Hall - Senior Center - Garage 5,000 Line 15, Community Center - Expenses 1,000 Line 16, Police Dept. - Salaries 13,200 Line 17, Fire Dept. - Salaries 16,000 Line 18, civil Defense - Salaries 500 Line 24, Admin. & Eng. - Salaries 1,700 Line 42, Patriotic & civil Celebration 600 Line 44, Insurance General 46,000 Line 46, Special Legal Services 26,000 Moved by: Board of Selectmen THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CORPORATIONS AND TAXATION, BUREAU OF ACCOUNTS ORTH ANDOVER .~4ay 7, 8,9 90 19 INFORMATION CONCERNING ANNUAL ) MEETING CALLED FOR , ) ,19 authorizing a loan of Article passed on $ for ATTESTED COPY OF WARRANT: Posted: Date April 24, 1990 Places* Published in newspaper: Date(s) Warrant or notice mailed: Date One public place in each voting precinct in _ To?n · April 25, 1990 __ Advisory reoort mailed to voters. To who~: Additional requirements for notifying meetings Were these requirements met? SPECIAL REQUIREMENTS FOR ADJOURNED SESSION: Wdrrant or notice of adjournment: Posted: Date Published: Date~(s) Additional requirements Pla ce s* Mailed: Date Were these met? QL ORUM. 1.5% Number or percentage reoui~ed:regi~tered voters_ Was quorum present? Advisory ) ~Yg~~) Committee Report: In writing Writing Verbally YES Advisory ) Notice of ~%~L~~ Committee meeting posted: DsteAll requiremnts complie_dwith If vote subjec..t to referendum, were requirements met? No Litigation is Pending which would affect the Validity of this Vote__ I hereby certify that this informstio` correct to the best of my knowledge. Term or~ District Ci~rk '' * If Places are Specified by By-Law or Vote, list actual place's pc NOTES CANNOT BE CERTIFIED UNTIL THIS INFO! TION THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CORPORATIONS AND TAXATION, BUREAU OF ACCOUNTS NORTH ANDOVER INFORMATION CONCERNING ANNUAL ) MEETING CALLED FOR May 7, 8,9 90 19 Article passed on $ for ,19 authorizing a loan of ATTESTED COPY OF WARRANT: Posted: Date Aoril 24, 1900 Places, One public place in each voting precinct in _ TQwn Published in newspaper: Date(s) ' April 25. 1990 Advisory report mailed to voters. Warrsnt or notice mailed: Date ~ To whoA: Additional requirements for no~tifying meetings Were these requirements met? SPECIAL REQUIREMENTS FOR ADJOURNED SESSION: Warrant or notice of adjournmenb: Posted: Date Published: Date:(s) Additional requirements Pla ce s* Mailed: Date _ Were these met? QUORUM: 1.5% Number or percentage reQuired:registered voters~ Was quorum present? Advisory ) A~~) Committee Report: In writing. ~ ) Writing Verbally Advisory ) Notice of ~~~ Committee meeting posted: DateAll requiremnts complied_ with If vote subjeQt to referendum, were requirements met? No Litigation is Pending which would affect the Validity of this Vote__ I hereby certify ths. t this information is correct to the best of my knowledge. Tovm or'' ~is'trict Cl'g~k * If Places are Specified by By-Law or Vote, list actual places posted. NOTES CANNOT BE CERTIFIED UNTIL THIS INFORMATION IS SUPPLIED (DA-S2) THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CORPORATIONS AND TAXATION, BUREAU OF ACCOUNTS ORTH ANDOVER ~',~a~ ?, 8,9 INFORMATION CONCERNING ANNUAL ) MEETING CALLED.. FOR , Article passed on ,19 authorizing a 19 9O loan of $ for ATTESTED COPY OF WARRANT: Posted: Date Aoril 24, 19g0 Places* Published in newspaper: Date(s) Warrant or notice mailed: Date One pUblic place in each voting preci.nct in Toown · April 25, 1990 Advisory report mailed to voters. To who~: Additional requirements for notifying meetings Were these requirements met? SPECIAL REQUIREMENTS FOR ADJOURNED SESSION: Warrant or notice of adjournment: Posted: Date Published: Date~(s) Additional reauirements Pla ce s* Mailed: Date .... Were these met? Qu 0RUM: 1.=~ ~ Number or percentage requi~ed:registered voterm Was quorum present? .YES _ Advisory ) ~.~XEE~~) Committee Report: In writing ~ ) Writing Verbally Advisory ) Notice of ~~~ Committee meeting posted: DateAll rec~iremnts complie~with If vote subject to referendum, were requirements met? No Litigation is Pending which would affect the Validity of this Vote I hereby certify that this information is correct to the best of my knowledge. To¥~--~Dis't~ic t C~'grk * If Places are Specified by By-Law or Vote, list actual places posted. NOTES CANNOT BE CERTIFIED UNTIL THIS INFORMATION IS SUPPLIED (DA-SS) At the Annual Town ~.~eeting held May 8, 1990 the, following article was voted on. Article 19. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to take any other action relative thereto. Department Purpose Request Board of Selectmen .Recommend Advisory Board Recommend Division of Financm 1. Town Revaluation 2. In-House Assessing System 3. Automated Tax Collection System 4. Computer-Evaluation & Utilization Review 150,000 24,500 26,890 50,000 0 30,000 26,890 30,000 0 30,000 26,890 30,000 Town Clerk 5. OPTECH III-P Election System 55,800 0 0 Fire Department 6. 4 WD Vehicle 7. Replace Car 8 (Ambulance) 8. New Pumper-Engine 2 23,000 95,000 200,000 0 0 95,000 0 Police Department 9. Officer Protection & Building Security/ Repairs (3 parts) 10. Communications Network 11. Vehicle Needs 150,000 105,326 28,000 0 0 105,326 0 Department of Public Works 12. Merrimack River Intake 2,000,000 13. Public Works Equipment 343,000 14. High School Bleachers 75,000 15. Phase III Sewer - Improvements along South Side of Lake 16. Water Main Rehabilitation 500,000 2,000,000 0 0 0 0 2,000,000 0 0 0 0 0 Purpose Department Request Board of Selectmen Recommend Advisory Board Recommend Planning & Comm. Develop. 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer 31,100 0 0 7,000 0 0 Public Buildings 19. Roof Repairs-Town Hall 20. Fire Alarm Systems 10,000 0 0 25,000 0 0 School Department 21. Asbestos Program 600,000 0 0 Board of Selectmen Item 16. Planning Board Recommendation: Favorable Action Motion: Move that the Town vote to borrow under the provisions of Chapter 44 the following sums as recommended by the Advisory Board as printed in the warrant. Moved by: Advisory Board Under the ~foresaid Article it wzs Voted to Adopt. VOTED YES .... 968 NO .... 35 ATTEST: A TRUE COPY At the Annual Town Meeting held May 8, 1990 the~ following article was voted on. · Article 19. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sum for the purposes listed below; or to .take any other action relative thereto. .Purpose .Division of Financ~ Department Request Board of Selectmen Recommend Advisory Board Recommend 1. Town Revaluation 2. In-House Assessing System 3. Automated Tax Collection System 4. Computer-Evaluation & Utilization Review 150,000 24,500 26,890 50,000 0 30,000 26,890 30,000 0 30,000 26,890 30,000 Town Clerk 5. OPTECH III-P Election System 55,800 Fire Department 6. 4 WD Vehicle 7. Replace Car 8 (Ambulance) 8. New Pumper-Engine 2 23,000 95,000 200,000 0 0 95,000 0 Police Department 9. Officer Protection & Building Security/ Repairs (3 parts) 10. Communications Network 11. Vehicle Needs 150,000 105,326 28,000 0 105,326 0 Department of Public Works 12. Merrimack River Intake 13. Public Works Equipment 14. High School Bleachers 15. Phase III Sewer - Improvements along South Side of Lake 16. Water Main Rehabilitation 2,000,000 343,000 75,000 500,000 2,000,000 0 0 0 0 2,000,000 0 0 0 Purpose Planning & Comm. Develop. 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer public Buildings 19. Roof Repairs-Town Hall 20. Fire Alarm Systems School Department 21. Asbestos Program Department Request Board of Selectmen Recommend Advisory Board Recommend 31,100 0 0 7,000 0 0 10,000 0 0 25,000 0 0 600,000 0 Board of Selectmen Favorable Action Item 16. Planning Board Recommendation: Motion: Move that the Town vote to borrow under the provisions of Chapter 44 the following sums as recommended by the Advisory Board as printed in the warrant. Moved by: Advisory Board Under the aforesaid Article it was Voted to Adopt. VOTED YES .... 968 NO .... 35 ATTEST: A TRUE COPY TOWN CLERK NOTICE Because of the importance of the issues raised by Articles 19, 20, and 23, the Selectmen, Town Manager, Superintendent of Schools, Advisory Board and Moderator have all agreed to schedule consideration of those Articles to begin at 7:00 p.m. on Tuesday, May 8, 1990. TOWN OF NORTH ANDOVER ANNUAL TOWNMEETING - MAY 7, 1990 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in ompllance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet in the North Andover High School Fieldhouse on Monday, May 7, 1990, at 7:00 p.m. then and there to act upon the .following articles. · Article 1. Annual Town Election. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 5, 1990. Mot ion: No motion required. Board of Selectmen Article 2. Report of Re the Town will vote to acc expenditures as presented by Town Report. Motion: Move the article as printed i :eipts and Expenditures. To see if ept the reports of receipts and the Selectmen in the 1989 Annual Board of Selectmen the warrant. Moved by: Board of Selectmen Article 3. Honorary citizens. To see if the Town will vote to accept as Honorary Citizens of North Andover the following: Mr. Johan Frodell, an AFS student, from Sweden living with Thomas and Lynn Licciardello. Mrs. Gao Feng Lan, an AFS teacher, from China living with John & Mary Lou Costello. Motion: North AndoverAFS Chapter and Others Move that the Town vote to accept as Honorary Citizens of North Andover the following: Mr. Johan Frodell, an AFS student, from Sweden living with Thomas and Lynn Licciardel~o. Mrs. Gao Feng L~n,' an AFS teacher, from China living with John & Mary Lou Costello. Moved by: School Committee Article 4. Selectmens' Stipend. To see if the Town will vote to petition the legislature for a special act that would authorize the Town to pay a member of the Board of Selectmen his regular Selectmens' stipend, notwithstanding the fact that he is also a paid, full-time fire fighter employed by the Town. Joseph Hermann and others. Advisory Board Recommendation: Unfavorable Action Moved by: Petitioner Article 5. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws as follows; or to take any other action relative thereto: Board of Selectmen/Licensing Commissioners, each per annum $2,000 Chairman, Board of Selectmen, per annum 30O Moderator For each Annual Town Meeting For each Special Town Meeting Board of Selectmen Advisory Board Recommendation: Favorable Action 100 50 Motion: Move the article as written in the warrant. Moved by: Board of Selectmen I Article 6. Quarterly Property Tax Billing. To see if the Town will vote to accept the provisions of Section 41 of Chapter 653, Acts of 1989, relative to quarterly property tax billing; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the article as printed in the warrant. Moved by: Board of Selectmen , Article 7. Tax Base Growth Assessment Date Change. To see if the Town will vote to accept the provisions of Section 40 of Chapter 653 of the Acts of 1989., regarding assessment date changes for New Growth, which section amends Subsection (a) of Section 2a of Chapter 59 of the Mass. General Laws by adding "..., In any City or Town which accepts the provision of this sentence, building and other things erected on or affixed to land during the period beginning January second and ending on June thirtieth of the fiscal year preceding that to which the tax relates shall be deemed part of such real property as of January first; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to accept the provisions of Section 40 of Chapter 653 of the -Acts of 1989, regarding assessment date changes for New Growth, which section amends Subsection (a) of Section 2a of Chapter 59 of the Mass. General Laws. Moved by: Board of Selectmen Article 8. Fiscal Year 1990 Budget Transfers. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1990 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Advisory Motion: Board of Selectmen Board Recommendation: To be made at Town Meeting Move that the Town vote to transfer certain funds, as voted under Article 1 of the October 5, 1989 Special Town Meeting, from the unexpended balances of: Line 5, Town Counsel, Retainer $5,000 Line 8, Planning - Salary & Wages 4,000 Line 10, Personnel -3Expenses 3,000 Line 17, Fire - Expense 7,500 Line 21, Board of Health - Salaries 8,000 Line 21, Board of Health - Expenses 8,500 Line 25, Sewerage Collection - Salaries 17,900 Line 26, Water Supply & Distribution - Salaries Parks & Grounds Maintenance - Salaries Line 27, Line 28,. Tree Maintenance - Salaries Line 29, Street Maintenance - Salaries Line 31, Refuse Disposal - Salaries Line 32, Vehicle & Equipment Maintenance - Salaries Line 81, Short-Term Borrowings - TANS 33,900 1,100 10,000 29,100 12,900 4,600 26,000 being a sum of $171,500 to be added to the following accounts: Town Manager & Selectmen - Salaries 2,000 Town Manager & Selectmen - Expenses 9,500 Division of Finance - Expenses 36,000 10,000~ 4,000 5,000 1,000 13,200 16,000 5OO 1,700 600 46,000 26,000 Line 1, Line 1, Line 2, Line 4, Line 7, Line 14, Line 15, Line 16, Line 17, Line 18, Line 24, Line 42, Line 44, Line 46, Town Clerk - Election - Census Advisory & School Building Town Hall - Senior Center - Garage Community Center - Expenses Police Dept. - Salaries Fire Dept. - Salaries Civil Defense - Salaries Admin. & Eng. - Salaries Patriotic & Civil Celebration Insurance General Special Legal Services Moved by: Board of Selectmen Article 9. Treasurer Authorizations~ To see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, pursuant to Sections 4 and 17 of Chapter 44 of the General Laws; and to see if the Town will vote to authorize the Treasurer, with the approval of the Selectmen, to enter into written agreement to obtain banking services from banking institutions in return for maintaining on deposit in said institutions specified amounts of the funds of the Town, pursuant to Section 53F of said Chapter 44; or to take any other action relative thereto. Board of Selectmen Motion: Move the Town vote to authorize the Treasurer, with the approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, .pursuant to Sections 4 and 17 of Chapter 44 of the General Laws; and move that the Town vote to authorize the the Treasurer, with the approval of the Selectmen, to enter into written agreement to obtain banking services from banking institutions in return for maintaining on deposit in said institutions specified amounts of the funds of the Town, pursuant to Section 53F of said Chapter 44; or to take any other action relative thereto. Moved by: BOard of Selectmen Article 10. Acceptance of EEO Money. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 91 in accordance with M.G.L. Chapter 70A, as inserted by St. 1985, C. 188; or to take any other action relative thereto. School Committee Advisory Board Recommendation: Favorable Action Motion: Move the article as written in the warrant. Moved by: School Committee Article 11. Equal Education Opportunity Grant. To see if the Town will vote to approve the acceptance by the Greater Lawrence Regional Vocational Technical High School District of an Equal Education Opportunity Grant pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the article as written in the warrant. Moved by: John Caffrey or School Committee Article 12. Airplane Fuel Excise Tax. To see if the Town will vote to accept Chapter 64J of the General Laws relating to the taxation of fuels used in the propulsion of aircraft; or to take any other action relative thereto~ Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the article as written in the warrant. Moved by: Board of Selectmen Article 13. General Appropriation Article for Fiscal Year 1991. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning J~ly 1, 1990, and ending june 30, 1991; or to take any other action relative theretO'Board of selectmen Advisory Board Recommendation: Favorable Action Motion: of the '-"~ove that the Town vote to accept the recommendations Board of selectmen as presented in the warrant in the column headed Board of selectmen recommends with exception of the Greater Lawrence Regional vocational School on page 6 which has been amended to read $180,645, the department request. Article 13. General Appropriation Article for Fiscal Year 1991. To see what action the Town will take as to the budget recommendations of the Board of Selectmen for the fiscal year beginning J~ly 1, 1990, and ending June 30, 1991; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to accept the recommendations of the Board of Selectmen as presented in the warrant in the column headed Board of Selectmen recommends with exception of the Greater Lawrence Regional Vocational School on page 6 which has been amended to read $180,645, the department request. Hov d rd of Selectmen Article 14. Water Treatment Plant - Granular Activated Carbon Replacement Fund. To see if the Town will vote to raise and appropriate $170,000 to establish a Reserve Fund to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Director of Public Works Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to raise and appropriate $170,000 to provide for the periodic GAC replacement for the Water Treatment Plant; such expenditures to be made only with the approval of the Director of Public Works. Moved by: Board of Selectmen Article 15. Study of Water System Hydraulics and Lake Outlet. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M. G. L. Ch. 44, the amount of $85,000, or any other sum, to be expended under the direction of the Town Manager, or his designee, for the purpose of conducting a hydraulic analysis of the water system and investigate the necessity for repairs or improvements to the outlet structure of the lake (The Hatch); or any other action relative thereto. Director of Public Works Advisory Board Recommendation: No Action Motion: Move to take no action on the article. Moved by: Board of Selectmen Article 16. Renumbering of the Various Bylaws. To see if the Town shall accept the renumbering of the various bylaws of the Town from their original numbering to the numbering or codification, arrangement, sequence and captions as set forth in the Code of the Town of North Andover, dated 1989 and published by General Code Publishers Corp. of Rochester, New York; said codification having been done under the direction of the Town, and said Code being a compilation of the present bylaws of the Town, and having no substantive changes in the text thereof; or to take any other action relative thereto. Town Clerk Motion: Move the article as printed in the warrant. Moved by: Town Clerk Article 17. Transfer of Funds from Inactive Overlay Accounts to Active Overlay Accounts. To see if the Town will vote to transfer into the FY 89 overlay account the following remaining sums: $.53 from the FY 83 overlay, $169.93 from the FY 84 overlay, $414.02 from the FY 85 overlay, $68,547.13 from the FY 88 overlay and to transfer into the FY 90 overlay the following remaining sums: $30,019.42 from the FY 86 overlay and $90,988.86 from the FY 87 overlay; or to take any other action relative thereto. Board of Assessors Advisory Board Recommendation: Favorable Action Motion: Move the article as printed in the warrant. Moved by: Board of Assessors or Director of Finance Article 18. Deferred Real Estate Tax for Senior Citizens. To see if the Town will vote to allow the Board of Selectmen to adopt or to petition the General Court to adopt a special act authorizing the Town to permit certain residents aged sixty-two and older to defer real estate tax increases on their principal residences in such form as to be prepared and submitted by the Board of Selectmen; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town vote to allow the Board of Selectmen to adopt regulations or to petition the General Court to adopt a special act authorizing the Town to permit certain residents aged sixty- two and older to defer real estate tax increases on their principal residences in such form as to be prepared and submitted by the Board of Selectmen. Moved by: Board of Selectmen Article 19. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available fundsj or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any _ _ other sum for the purposes listed below;, or to take any other action relative thel Purpose Division of Finance 1. Town Revaluatio 2. In-House Assess System 3. Automated Tax Collection'Syst 4. Computer-Evalua & Utilization R Town Clerk 5. OPTECH III-P Election System 55,800 0 0 Fire Department 6. 4 WD Vehicle 7. Replace Car 8 (Ambulance) 8. New Pumper-Engine 2 23,000 0 95,000 0 200,000 0 Police Department 9. Officer Protection & Building Security/ Repairs (3 parts) 10. Communications Network 11. Vehicle Needs 0 Department of Public Works 150,000 0 0 105,326 0 o1~6 28,000 0 0 0 0 0 0 2,000,000 12. Merrimack River Intake 2,000,000 13. Public Works Equipment 343,000 14. High School Bleachers 75,000 15. Phase III Sewer - Improvements along South Side of Lake 500,000 16. Water Main Rehabilitation 2,000,000 0 0 0 0 0 Purpose Planninq & Comm. Develop. Department Request Board of Selectmen Recommend Advisory Board Recommend 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer 31,100 0 0 7,000 0 0 Public Buildinqs 19. Roof Repairs-Town Hall 20. Fire Alarm Systems 10,000 0 0 25,000 0 0 School Department 21. Asbestos Program 600,000 0 0 Board of Selectmen Item 16. Planning Board Recommendation: Favorable Action Motion: Move that the Town vote to borrow under the provisions of Chapter 44 the following sums as recommended by the Advisory as printed in the warrant. Moved by: Advisory Board PurDose Planninq & Comm. Develop. 17. Town Hall-Second Floor Building Repairs 18. Map-Info/ Microcomputer Public 19. Roof Re Hall 20. Fire A] ,stems Department Request 31,100 7,000 / 10,000/ 25, Board of Selectmen Recommend Advisory Board .Recommend 0 0 0 0 School Department 21. Asbestos Program 600,00~ Board f Selectmen Item 16. Planning Board Favorable Action Motion-. Move that the Town vote to borrow 44 the following sums as r printed in the warrant. the provisions of Chapter the Advisory Board as Moved by: Advisory Board Motion to Amend - Board of Move to amend the motion Ambulance Replacement in th Police Department Communi( $105,326. deleting Item 7. amount of $95,000 Item 10. Network in amount of Article 20. Capital Improvements Plan Appropriation for Fiscal Year 1991. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the following sums of money or any other sums for the purposes listed below, with any borrowing to be contingent upon approval of an exemption of the debt service from the limits of Proposition 2 1/2; or to take any other action relative thereto. Board of Advisory Department Selectmen Board Purpose Request Recommend Recommend Fire DeDartment 1. Architectural Services & Design Fees For Construction of a New Fire Station 35,000 $ 35,000 $ 35,000 School Department 2. Constructing & Equipping a New Elementary School at Calzetta Farm Site 10,600,000 10,600,000 10,600,000 Purpose 3. Design & Construction of Modifications & Renovations to High School Science Area and Related Areas ® Constructing & Equipping a New Elementary School at Thomson School Site and to Demolish Existing School e Design & Specifi- cations for Additions & Renovations to Middle School Department Request 1,600,000 5,550,000 481,838 Board of Selectmen Recommend 1,600,000 5,550,000 481,838 Advisory Board Recommend 1,600,000 5,550,000 481,838 Stevens Library Se Constructing an Addition and Renovating the Stevens Library 2,600,000 2,600,000 2,600,000 Board of Selectmen MOTION: Move the Town vote that the following sums are appropriated for the following purposes as recommended by the Board of Selectmen as printed in the warrant, and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $4,716,838 under Chapter 44 of the General Laws as amended and $16,150,000 under Chapter 645 of the Acts of 1948 as amended; provided that no funds shall be borrowed under this vote for either new elementary school project prior to approval of the individual project for a state construction grant under said Chapter 645; and further,~those appropriations under item 1, be expended under the direction of the Town Manager, those appropriation under item 2, item 3, item 4, and item 5 be expended under the direction of the School Building Committee and those appropriation under item 6 be expended under the direction of the Board of Library Trustees; and provided further that no appropriation and borrowing authorization made for a project by this vote shall take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. C. 59 S. 21C (Proposition ~2 1/2) amounts required to pay the principal and interest on the borrowing for that project. Moved by: Board of Selectmen So Constructing an Addition and Renovating the Stevens Library 2,600,000 2,600,000 2,600,000 Board of Selectmen MOTION: Move the Town vote that the following sums are appropriated for the following purposes as recommended by the Board of Selectmen as printed in the warrant, and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $4,716,838 under Chapter 44 of the General Laws as amended and $16,150,000 under Chapter 645 of the Acts of 1948 as amended; provided that no funds shall be borrowed under this vote for either new elementary school project prior to approval of the individual project for ~ 'state construction grant under said Chapter 645; and pr6vided further that no appropriation and borrowing authorization made for a project by this vote shall take effect until the Town votes to exempt from the limitation on total taxes imposed by G.L. C. 59 S. 21C (Proposition 2 1/2) amounts required to pay the principal and interest on the borrowing for that project. If the projects are to be voted upon separately, following forms of vote may be used: the Projects 1, 3, 5, and 6 Voted: that $ is ' for (project) and that to meet this appropriation, the with the approval of the Selectmen, is authorized to $. under Chapter 44 of the General Laws; provided however, that this vote shall not take ef~until the Town to exempt from the limitation on to~al~taxes imposed/ G.L. C. 59, S. 21 (Proposition 2 1/2~ amo.~ts required ~¢ pay the principal of, and interest on, the bOrrowin~ by this vote. 4 Voted: that $ that to meet this appro~ of the Selectmen,. is author Chapter 645 of the Acts of state construction grant however, that this vote s votes to exempt from the G.L.C. 59, S. 21 (Propos 2 1/2 principal of, and .t on, the vote. Moved by: Board of appropriated for (project) and the Treasurer, with the approval to borrow $ under as amended after approval of a said Chapter 645; provided, take effect untiI the Town on total taxes imposed by required to pay the · authorized by this Article 21. Hotel/Hotel Excise Tax. To see if the Town will vote to enact a local option law permitting the Town to impose a local room occupancy excise upon the transient rental of rooms in hotels, motels and lodging houses at the rate of four percent under the provisions of MGL, Chapter 64G, Section 3A; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the Town accept M.G.L., Chapter 64G, Section 3A permitting the Town to impose a local room occupancy excise. Moved by: Board of Selectmen Article 22. M~nicipal Charges, Bills and Interest By-Law. To see if the Town will vote in accordance to M.G.L. Chapter 40, Section 21E to adopt a by-law providing for the establishment of due dates for the payment of municipal charges and bills, and to fix a rate at which interest shall accrue if such charges remain unpaid after such due dates, and further, to see if the Town will vote to rescind the vote taken pursuant to Article 9 of the 1989 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move that the Town adopt the following by-law: Chapter 17-8 Water/Sewer bills wilI' be issued on a quarterly basis and are due and payable on or before thirty (30) days from the billing date (date of postmark). Any unpaid bills will be reflected as arrears on the following bill cycle, with interest. Any payments received will be applied to the arrears portion first with the balance being applied to the current bill. A penalty of 14% interest per annum on the current water billed will be applied to any payments received after the due date. This interest is calculated .retroactive to the billing date. All bills outstanding for the quarter ended June 30th will be removed from the accounts receivable for water and sewer and applied for collection as part of the property tax, in accordance with M.G.L. Ch. 40, s. 42A and 42D. Moved by: Board of Selectmen Article 23. Water Treatment Plant. To see if the Town will vote to appropriate a sum of money in addition to the $10,500,000 (as reduced by a state award) appropriated un~er Article 68 of the warrant for the 1985 Annual Town Meeting and the $4,500,000 appropriated under Article 2 of the December 10, 1987, Special Town Meeting for completion of the water treatment plant; to determine whether this appropriation shall be raised by borrowing or otherwise; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Recommend $5,000,000 Motion: Move that the Town vote to appropriate $5,000,000 in addition to the $10,500,000 (as reduced by a State Aid award) appropriated under Article 68 of the warrant for the 1985 Annual Town Meeting and the $4,500,000 appropriated under Article 2 of the December 10, 1987 Special Town Meeting for completion on the Water Treatment Plant; that to meet this appropriation the Treasurer with the approval of the Baord of Selectmen is authorized to borrow $5,000,000 under G.L. c. 44, Sec. 8; that the Town Manager is authorized to contract for and expend any Federal or State Aid available for the project; and that the Town Manager is authorized to take any other action necessary to carry out this project. Moved by: B6ard of Selectmen Article 24. Repairs to Municipal Buildings. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Ch. 44, the sum of $225,000 or any other sum to be expended for major building improvement to the Stevens Memorial Library, for replacement and/or repair to the Kittredge School roof, and for renovation to the lower level entrance of Town Hall to provide handicapped accessibility; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Favorable Action Motion: Move the Town vote that $100,000 is appropriated for major improvements to the Stevens Memorial Library, to be expended under the direction of .the Board of Library Trustees; that $95,000 is appropriated 'for replacement and/or repair to the Kittredge School roof, to be expended under the direction of the School Committee; that $30,000 is appropriated for renovations to the lower level entrance of Town Hall to provide handicapped accessibility, to be expended under the direction of the Town Manager; and that to meet these appropriations, the Treasurer, with the approval of the Selectmen, is authorized to borrow $225,000 under G.L.C.44, S7(3A) Moved by: B~ard of Selectmen Article 25. Acceptance of MGL Chapter 148, Section 26I. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 148, Section 26I as outlined in Chapter 642 of 1989: Section 26I. In a city, town or district which accepts the provisions of this section, any building hereafter constructed or hereafter substantially rehabilitated so as to constitute the equivalent of new construction and occupied in whole or in part for residential purposes and containing not less than four dwelling units including, but not limited to, lodging houses, boarding houses, fraternity houses, dormitories, apartments, townhouses, condominiums, hotels, motels and group residences, shall'be equipped with an approved system of automatic sprinklers in accordance with the provisions of the state building code. In the event that adequate water supply is not available, the head of the fire department shall permit the installation of such other fire suppressant systems as are prescribed by the state building code in lieu of automatic sprinklers. Owners of buildings with approved .and properly maintained installations may be eligible for a rate reduction on fire insurance. Fire Chief Motion: Move the article as printed in the warrant. Moved by: Fire Chief Article 26. Condominium Homeowners. To see if the Town will vote to amend it's General By-Laws so to recognize the status of condominium homeowners giving them rights to 9qual services for equal taxes paid, especially in cases where streets are accepted and are town-owned. Theresa M. Nevins and Others. Moved by: Petitioner Article 27. Condominium Homeowners - Trash Pick Up. To see if the Town will vote to amend Chapter 115 of the North Andover Bylaws, Section 1, Paragraph A, by adding the following: (3) not withstanding the foregoing, the Town will provide customary residential trash pick up for the residential units of Village Green at North Andover Condominium Trus~z~-~ The complex consists of 127 resident units. ~-~---' Board of Selectmen, on behalf of the petitioners under Article 26, without a Board vote on merits of the petition. Advisory Board Recommendation: Unfavorable Action Moved by: Theresa M. Nevins ./I/ Article 28. Signalization of Mill Road/Flagship Drive/Rte. 114. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of M.G.L. Chapter 44, the sum of $125,000, or any other sum for the purpose of providing traffic signals at the intersection of Mill Road/Flagship Drive/Rte. 114, and that the Town Manager be authorized to contract for all services relative thereto, and that the total cost of the project be assessed through betterment assessments to benefited commercial/industrial property owners; or to take any other action relative thereto. Board of Selectmen Planning Board Recommendation: Favorable Action Advisory Board Recommendation: Favorable Action Motion: Move the article as printed in the warrant. Moved by: Board of Selectmen Article 29. Road Acceptance. To see if the Town will vote to accept Spring Hill Road as a public way for the benefit of the inhabitants of the Town of North Andover, to be used for all purposes for which publicly accepted ways are customarily used. Being the Road shown as Spring Hill Road, North Andover, Massachusetts as set forth on a plan of land entitled: "Definitive Subdivision Plan of "Spring Hill" Located in North Andover, Massachusetts; Owner and Applicant: John C. Tuttle, Jr., 57 Village Green Drive, North Andover, Massachusetts 01845, "Thomas E. Neve Associates, Inc., Engineer and Surveyor-Land Use Planners, 447 Old Boston Road, U.S. Route 1, Topsfield, Massachusetts, Scale 1' = as noted; Date: October 17, 1984; Revised to: February 26, 1985. Said Plan is recorded at North Essex Registry of Deeds as Plan No. 9779. Said Road is laid out on the above-referenced plan as shown from Station 0 plus 0 to Station 14 plus 43.05. For title to said propert~ see deed at North Essex Registry of Deeds at Book 1935,. page 347. Paul St. Hilaire and Others Planning Board Recommendation: Unfavorable Action Moved by: Petitioner Article 30. Grant Easements, 118-120 Second Street. To vote to see of the Town will grant two easements to rectify the encroachment of two (2) stone retaining walls_and staircases over land owned by the Town of North Andover situates on both Waverley Road and Second Street and described as follows: The perpetual right and easement over a seventy foot (70') long strip of land shown on a plan of land entitled "Plan of Land 118-120 Second Street, North Andover, Mass., Scale: 1"=10', February 22, 1990, Lewis H. Holzman, R.L.S." which seventy foot long (70') strip is part of a parcel of land situated on Waverley Road along the easterly side of land owned by the Town of North Andover; and The perpetual right and easement over a seventy-one and ninety-five one hundredths foot (71.95') long strip of land shown on a plan of land entitled "Plan of Land 118-120 Second Street, North Andover, Mass~, Scale: 1"=10', February 22, 1990, Lewis H. Holzman, R.L.S." which seventy-one and ninety-five one hundredths foot long (71.95') strip is part of a parcel of land situated on both Waverley Road and Second Street along the easterly and southerly side of land owned by the Town of North Andover. These easements shall also include the perpetual right and easement to at any tim~~-time to time, to renew, add to, replace, repair, ~~inspect, and otherwise change and service the said~r~s, and to enter upon and to pass along said areas to and from the adjoining land for all of the above purposes. David A. Morton and Others Planning Board Recommendation: To be made at Town Meeting Moved by: Petitioner  -/-~ / ,~'~ ~' ~- '1-II ! Article 31. Wetlands Protection Act. To see if the Town will vote to appropriate $2,112.50 which are the funds raised through Conservation Co~imission filing fees under Chapter 131, Section 40, to be expended under the direction of the Conservation Commission for the purpose of administering the Wetland Protection Act; or to take any other action relative thereto. The Conservation Commission shall report annually to the Town Manager on the expenditures of these funds. Conservation Commission Advisory Board Recommendation: Favorable Action Motion: Move as printed in the article. Moved by: Conservation Commission Article 32. The Keeping of Animals. To see if the Town will vote to amend the Zoning Bylaw as follows; or to take any other action relative thereto. Section 4 .121,6(b) (c); 4.122,6(b) (c); 4.123,8(b) (c) ; 4.124,6(b) (c); (4.125),8(b); 4.125,10(b)(c); 4.126,19(b) (c); 4.127,20(b) (c); 4.128,13(b) (c); 4.129,6(b)(c);4.130,8(b)(c); 4.131,13(b) (c); 4.132,13(b) (c); and 4.134,13(b) (c) . (b) In any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size to five (5) acres, the keeping of one (1) additional animal or bird; but not the keeping of any animals, birds or pets of persons not residents on such lot. (c) On any lot of at least five (5) acres the keeping of any number of animals or. birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms and poultry batteries. Planning Board Explanation: This change is being made to conform with Massachusetts General Law, relating to the keeping of animals. Planning Board Recommendation: Favorable Action Moved by: Planning Board ARTICLE #32 - MOTION - Move to amend the Zoning Bylaw by deleting paragraphs B & 'C of the sections printed in Warrant Article #32; Sections 4.121,6; 4.122,6; 4.123,8; 4.124,6; 4.125,8; 4.125,10; 4.126,19; 4.127,20; 4.128,13; 4.129,6; 4.130,8; 4.131,13; 4.132,13; 4.134,13. and insert in place thereof the language found in paragraphs B & C as printed in Warrant Article #32 into each of the said sections. ARTICI~ #33 - MOTION - Move to amend the Zoning Bylaw by renumbering the subsections in Section 4 after Section 4.125 chronologically, to correct the fact that there are currently two sections 4.125; and by renumbering the subsection following subsection 13.4 by deleting the number 5.1 and substituting the number 13.5. Article 33. Ren,~mhering. To see if the Town will vote to amend the Zoning Bylaw by renumbering certain portions of Section 4, starting with Section 4.125, Residential 6 and subsequently those that follow in Section 4. Renumber Section 13, more specifically Section 5.1, Standards and Restrictions. Renumbering to read 13.5; or to take any other action relative thereto. Planning Board Explanation: To cleanup the existing Bylaw and make orderly. Planning Board Recommendation: Favorable Action Moved by: Planning~ Article 34. Definitions, Section 2 - Amending Zoning Bylaw (Hazardous Material). To see if the Town will vote to amend the Zoning Bylaw, by adding to Section 2, Definitions, a new Section 2.39.1, Hazardous Material(s) to read-as~-follows; or to take any other action relative thereto: Section 2.39.1 Hazardous Material(s). Any chemical or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential, hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land in waters of this Town, including but not limited to organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as Toxic or Hazardous under MGL Chapter 21C and 21E and those chemicals on the list in Committee Print Number 99-169 of the Senate Committee on Environment and Public Works, titled "Toxic Chemicals Subject to Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986: (including any revised version of the list as may be made pursuant to subsection (d) or (e).) Planning Board Planning Board Recommendation: Favorable Action Moved by: Planning Board / Article 35. Rezoning Land on Assessor's Plat #107A and 107B. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning hereinafter described parcel from VC and VR to R-3. The land together with the buildings thereon are located in North Andover and more particularly described as follows; or to take any other action relative thereto: Legal description of land South of Brook Street, West of Farnum Street and Towne Street and East of a line marking 1000' and parallel to Route 114, zoned Village Residential (VR) and Village Commercial (VC) to be rezoned to Residential-3 (R-3), bound and described as follows: Beginning at a point on the Southerly side of Brook Street, said beginning point being 1000 feet from the Easterly side of the Salem Turnpike, thence turning and running Easterly by Brook Street to the Westerly side of Farnum Street, thence turning and running Southeasterly by said side of Farnum Street to the Westerly side of Towne Street, thence turning and running Southerly by said side of Towne Street to a point which is located 1000 feet Northeast of the Salem Turnpike, thence turning and running Northwesterly by a line which is 1000 feet from and parallel to the Easterly side of said Turnpike to the point of the beginning. Shown on Assessors Map Plat # 107A and 107B, Parcels 41, 31, 2, and 3. Planning Board Planning Board Recommendation: Favorable Action Moved by: Planning Board Article 36. Rezoning Land on Assessor's Plat # 25, Parcel 22. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from R-3 to R-6. The land together with the buildings thereon are located in North Andover and more particularly described as follows; or to take any other action relative thereto. Beginning at an iron pipe in the easterly line of the State Highway, sometimes called the Andover By-Pass; thence Easterly by a stone wall by land now or formerly of Onias and Odelie Turgeon three hundred forty (340) feet to an iron pipe; thence southwesterly two hundred sixty-nine and 9/100 (269.09) feet by land of Lotta M. Johnson to an iron pipe; thence northwesterly one hundred seventy-five and 9/100(175.09) feet by a drive way to an iron pipe in said easterly line of the said State Highway; thence Northerly by said State Highway Line one hundred twenty-two and 61/100 (122.61) feet to an iron pipe, the point of beginning. Together with any right of way within our power over an abandoned road formerly called Willow Street. Planning Board Explanation: Planning Board Recommendation: Favorable Action Moved by: Planning Board Article 37. Rezoning Land on Assessor's Plat #107A, Parcel 148. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from VR to VC. The land together with any building thereon are located in North Andover and more particularly described as follows: Northerly, four hundred forty-five (445) by land of Henry A. and Bernice Fink; Easterly one hundred fifty (150 feet by land of now or formerly of John C. Farnum, also known as John C, Farnham; Southerly four hundred (400) feet by land of now or formerly of John C. Farnum, also known as John C. Farnham, and; Westerly three hundred fifty (350) feet by Salem Turnpike, otherwise known as Route 114. Robert Dunn and Others Planning Board Recommendation: 'Favorable Action Moved by: Petitioner Article 38. Rezoning Land on Assessor's Plat #10, Parcels 36 and 58. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcels from R-4 to B-2. The land together with the buildings thereon are located in North Andover and more particularly described as follows: Bounded Southwesterly: 100.0 feet by Massachusetts Avenue; Northwesterly: 200.0 feet by the Town of North Andover Playground; Northeasterly: 100.0 feet by land now or formerly of Davis and Furber Machine Company; Southeasterly: 200.0 feet by land now or formerly of Charles D. Glennie, Inc. Joseph V. Mahoney and Others Planning Board Recommendation: .Favorable Action Moved by: Petitioner. Article 39. Rezoning. To see if the Town will vote to .-amend the Zoning Bylaw and Zoning Map to change the zoning on the hereinafter described parcel from R-2 to Village Commercial (VC), a parcel of land consisting of 13 acres, more or less, on the Northeasterly side of Turnpike Street, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: The land located in North Andover, Essex County, Massachusetts being more particularly described as follows: The land being shown as Lots 1 through 6 on a plan of land entitled "Plan of Land in North Andover, MA., Prepared for Forbes Realty. John A. James and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 40. Rezone from GB, R-2 and VR to VC. To see if the Town will vote to amend the zoning Bylaw and Map to change from the existing zoning designation, (General Business (GB) and Residential-2 (R-2) and Village Residential (VR) to Village Commercial (VC) a parcel of land located on the Southwesterly side of Turnpike Street and the Northeasterly side of Sullivan Street owned at present by Angus Realty Corporation, containing 5.48 acres, more or less, and bound and described as follows: Beginning at the intersection of the center line of Turnpike Street and the extended center line of Sullivan Street; thence running Northwesterly along the center line of Turnpike Street a distance of 1135 feet, more or less; thence turning and running Southwesterly, Northwesterly and Southwesterly by land now or formerly of Richard P. and Joyce C. Quinn and land now or formerly of Walter and Lillian Hoyt a total distance of 635.96 feet, more or less, to the center line of Sullivan Street; thence turning and running Southeasterly by the center line of Sullivan Street and its extension to the center line of Turnpike Street and the point of beginning. Thomas Yameen and Others Planning Board Recommendation: Unfavorable Action Moved by: Article 41. Rezone from Business-4 (B-4) to Business-2 (B- 2). To see if the Town will vote to amend the Zoning Bylaw and Zoning Map of the Town of North Andover from Business-4 to Business-2 the following described parcels: Parcel 1 A certain parcel of land situated on the Easterly side of the Andover By-Pass, Route 125, and shown as Lot A on a plan of land in North Andover, Massachusetts as subdivided by C. Lincoln Giles, dated February 13, 1967, Clinton F. Goodwin, registered land surveyor, recorded with the Essex North Registry of Deeds as Plan No. 5643, and more particularly bounded and described as follows: Northeasterly by the Salem Turnpike as shown on said plan, 277.07 feet; Easterly by Lot B as shown on said plan, 58 feet; Southeasterly by 'said Lot B as shown on said plan, 311 feet; Westerly by the Andover By-Pass as shown on said plan, 337 feet; and Northwesterly as shown on said plan 134.30 feet. Containing 1.56 acres, more or less. Parcel Two following described parcel of land with all the buildings thereon situated on the Easterly side of the Andover By~Pass and shown as Lot B on a plan of land in North Andover, Massachusetts as subdivided by C. Lincoln Giles, dated February 13, 1967, Clinton F. Goodwin, registered land surveyor, recorded with the Essex North Registry of Deeds as Plan No. 5643, and more particularly bounded and described as follows: Northeasterly by the Salem Turnpike, one hundred fifty (150) feet as shown on said plan; Southeasterly by land now or formerly of Anna M. Walley four hundred sixty-five and 56/100 (465.56) feet as shown on said plan; Southwesterly' by the Andover By-Pass one hundred fifty-nine and 80/100 (159.80) feet as shown on said plan; Northwesterly three hundred eleven (311) feet as shown on said plan; and Northwesterly again fifty-eight (58) feet as shown on said plan. Containing 1.23 acres, more or less. James C. Holland and Others Planning Board Recommendation: Favorable Action Moved by: Petitioner Article 42. Rezone from Resident-2 (R-2) to Industrial-1 (I-l). To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to change from Resident-2 (R-2) to Industrial-1 (I-l), an 8.9 acre portion of a certainparcel of land consisting in total of 30 acres, more or less, off Flagship Drive, North Andover, Essex County, Massachusetts, and more particularly bounded and described as follows: Lots U and S on a plan of land entitled "Plan of Land in North Andover, MA., Prepared for Vincent Grasso and Robert Regan", Owner and Applicant: Vincent Grasso and Robert Regan, 815 Turnpike Street, North Andover, MA., Engineer "Christiansen Engineering, Inc, 114 Kenoza Avenue, Haverhill, MA, Scale: 1"= 40', dated June 3, 1985, which plan is recorded at the Essex North District Registry of Deeds as Plan #10,020, each said lot being bounded and described as follows: .Lot U Easterly: by Flagship Drive, as shown on said plan, 72.62; Southeasterly: In two courses in a curved line, by Flagship Drive, as shown on said plan, 28.88 feet and 57.25 feet; Southeasterly: Again by Lot S', as shown on said plan 196.93 feet; Westerly: In five courses, by land now or formerly of Commadore Corp., as shown on said plan, 83.18 feet, 113.43 feet, 120.47, 186.90 feet and 87.10 feet; Northwesterly: By land now or formerly of Commadore Corp., as shown on said plan, 10.00 feet; Northeasterly: In two courses, by. Lot R', as shown on said plan, 98.02 feet and 376.19 feet; Said Lot U contains 80,222 square feet, according to said plan. Being the same premises conveyed to Robert J. Palumb°, Trustee of Business Park Realty Trust by deed of Robert P. Regan, John Grasso and Vincent Grasso, and recorded at the Essex North Registry of Deeds at Book 2045, Page 279. Lot S Northeasterly: By Flagship Drive, in a curved line, as shown on said plan, 150.00 feet; Easterly: By land now or formerly of Capricorn Corp., as shown on said plan, 414.65 feet; Northeasterly: By land now or formerly of Capricorn Corp., as shown on said plan, 175.00 feet; Easterly: By land now or formerly of Capricorn Corp., as shown on said plan, 136.86 feet; Northeasterly: By land now or formerly of Haverty, as shown on said plan, 322.75 feet; Southwesterly: Commadore Corp., 171.10 feet; In two courses, by land now or formerly of as shown on said plan 195.44 feet and Westerly: By land now or formerly of Commadore Corp., as shown on said plan, 162.54 feet; Westerly: Again, in two courses, by land now or formerly of Commadore Corp., as shown on said plan, 147.94 feet and 153.31 feet; ~ Northwesterly: feet. By Lot U, as shown on said plan, 196.93 Said Lot S contains 209,113 square feet, according to said plan. Being the same premises conveyed to Robert J. Palumbo, Trustee of BUsiness Park Realty Trust by deed of Robert P. Regan, 'John Grasso and Vincent Grasso, and recorded at the Essex North District Registry of Deeds at Book 2045, Page 279. A certain parcel of land situated in Andover and North Andover, Essex County, Massachusetts, and being located on the Easterly side of Route 125, known as the "By-Pass", said parcel being further identified and described as follows: Beginning at a point in Andover on the Easterly line of Route 125, thence running Southeasterly along said Easterly line of said Route 125. one hundred forty-eight (148') feet, more or less; thence turning and running Easterly by land now or formerly of The Trustees of Reservations one hundred seventy-eight (178') feet, more or less, to a stone wall; thence turning and running along said stone wall by land of said The Trustees of Reservations approximately 1,460 feet, more or less, to a point in North Andover by land now or formerly of the Grantor herein; thence turning and running Easterly by land now or formerly of said Grantor along a stone wall approximately 1.45 feet, more or less, to a point at the end of said stone wall; thence turning and running Northerly along the Westerly line of land now or formerly of the Grantor herein 1,235 feet, more or less, to a point where a stone wall intersects said Grantor's property; thence turning and running Westerly along the stone wall referred to, by land now or formerly of Vincent J. Marino and also by land now owned by The Trustees of Phillips Academy 790 feet, more or less to the point of beginning. Theparcel herein conveyed containing 10.71 acres, more or less, in North Andover and containing 1.03 acres,more or less, in Andover, Massachusetts. Being the same premises conveyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of H. Maureen Gaudet and Renata Cavallaro, Trustees of Citation Realty Trust, dated April 29, 1985 and recorded at the Essex North District Registry of Deeds at Book 1962, Page 56. A certain piece of land situated in North Andover known as "Kimball House Lot" containing two (2) acres and ninety-two (92) rods. The second piece is known by the name of "Long Pasture", so- called, containing twelve..(12) acres and sixty-three (63) rods. Both pieces described in deed from Aaron, Mary, Daniel, Harriet, Jasper, Lucey and Betsey Rea to William Rea, Book 446, Leaf 118, April 16, 1850. The other piece adjoins the previous ones and runs easterly to Willow Street, bounded as follows: Beginning at a corner on the Southerly side of Willow Street by land of Enoch Frey; thence Westerly with the wall thirty- seven (37) rods and eleven (11) links; thence Northerly two (2) rods; thence Easterly thirty-seven (37) rods and eleven (11) links to above mentioned road; thence Southerly by said road two (2) rods to the point of beginning. The second parcel was formerly an old road and begins at the Southeasterly corner of the previous named parcel and running Southerly two (2) rods more or less; thence Westerly by land of Enoch Frye thirty (30) rods more or less to land now or Board of Selectmen formerly of said grantor; thence Northerly by said grantor about two (2) rods more or less to land now or formerly of Theresa A. and Frank J. Symosek thence Easterly by land now or formerly of Theresa A. and Frank J. Symosek to the point first mentioned. Being the same premises conveyed to Robert J. Palumbo, Trustee of Business Park Realty Trust by deed of Commadore Corporation, dated' April 29, 1985 and recorded at the Essex North District Registry of Deeds at Book 1962, Page 57. Robert E. Webster and Others Planning Board Recommendation: Unfavorable Action Moved by: Petitioner Article 43. Reserve Fund. To see if the Town will vote to raise and appropriate a sum of money to fund the Reserve Fund; or to take any other action relative thereto. .~ Board of Selectmen Advisory Board Recommendation: Recommend $75,000 Motion: Move that the Town vote to raise and appropriate the sum of $25,000 and to transfer from the FY'90 Overlay Reserve Fund the sum of $50,000 for the purpose of funding the Reserve Fund. Moved by: Board of Selectmen Article 44. Stabilization Fund. To see what sum the Town will vote to raise and appropriate for the Stabilization FUnd, in accordance with Section 5B of Chapter 40 of the General Laws, from which appropriations may be made by a two-thirds vote~of an Annual Town Meeting for any purpose for which a municipality may borrow money or for any other municipal purpose approved by the State Emergency Finance Board; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Recommend $0 Moved by: Board of Selectmen Article 45. Funds to Reduce Appropriation. To see what sum the Town will vote to take from available funds for the purpose of reducing the appropriation for municipal budgets; or to take any other action relative thereto. Board of Selectmen Advisory Board Recommendation: Transfer of $0 Moved by: Board of Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town at the time and place of said meeting. Given under our hands this 18th day of April, Nineteen Hundred and Ninety. NORTH ANDOVER BOARD OF SELECTMEN FRANCIS X. DUGAN, Chairman SEAN J. FOUNTAIN, Clerk KENNETH C. CROUCH, Member ROBERT ERCOLINI, Member ERIC W. BAKERMAN, Member Attest ............................... Constable North Andover, Massachusetts DANIEL LONG: ATTEST: A True Copy Town Clerk