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Home My WebLink About1993 ORIGINAL MINUTES TOWN CLERKSpecial Town Meeting - August 18, 1993 Article 1 General Appropriation Article for Fiscal Year 1994. To see if' the Town will vote to amend Article 14of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department - Salaries in the amount of $ 415,920 for a new total School Department - Salaries amount of $ 12,433,582, and further, by increasing the appropriation of funds to School Department - Expenses in the amount of $ 134,051 for a new total School Department - Expenses amount of $ 3,186,043, or to take any other action relative thereto. Board School Committee men Recommendation: Favorable Action Advisory Board Recommendation: Favorable Action Advisory Board MOTION~ MOVE the Town vote to adopt the article as printed in the warrant. Town Moderator: Requires a majority vote. Article and Vote 4 Special Town Meeting - August 18,1993 Article 2 Amendment to Article 13, 1993 Annual Town Meeting (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,O00,000 school bonds, by adding the following clause at the end of such vote: "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, ~ ,e~t~-nd thP_ .tn --..-, - ~...in:. - --~' ~"~H (tl~ tO authorize approximately level debt service for the amortization of the bonds,"/~J' ~:~ ,~ or to take any other action relative thereto. ~ Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: Favorable Action Advisory Board MOTION: MOVE the Town vote to amend the article as printed in the warrant, by deleting the following: "... to extend the term of' borrowing to 25 years; and (c)" Town Moderator: Requires a majority vote. Article and Vote Special Town Meeting - August 18, 1993 Article 3 Amendment to Ch. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District), To see if the Town Will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Law~,.or to take any other action relative thereto. Board of Selectmen Recommendation: Board of Selectmen Favorable Action Board of Selectmen MOTION: MOVE the Town vote to adopt the article as printed in the warrant. Town Moderator: Requires a majority vote. Article and Vote Special Town Meeting - August 18, 1993 Article 4 Capital Improvements to Public Buildings - Transfer of Funds. To see if the Town will vote to transfer from Article 8, Item 19 of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000 for an amended total authorization of $ 117,000 to Article 12, tem4b, ofthe 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $ 134,000, or to take any other action relative thereto. Board of Selectmen Recommendation: Board of Selectme Favorable Action Advisory Board Recommendation: Favorable Action Advisory Board MOTION: MOVE the Town vote to adopt the article as printed in the warrant. Town Moderator: Requires a two-thirds vote. ~,rticle and Vote · ~' Special Town Meeting - August 18, 1993 Article 5 Fiscal Year 1994 Budget Transfers. To see if the Town will vote to transfer a certain sum of money from the School Building Committee - Salaries Account to the School Building Committee - Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: Favorable Action Advisory Board MOTION: MOVE the Town vote to transfer the sum of $ 2,631.00 from the School Building Committee - Salaries Account for an amended balance of $ 0.00_ to the School Building Committee - Exl~ense Account for an amended amount of $ 8,441.00. Town Moderator: Requires a majority vo~e. Article and Vote WARRANT COMMONWEAL~ OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTICLE 1. GENERAL APPROPRIATION ARTIC~ FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTIC~ 2. AMENDMENT TO ARTICLE 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. A~END~T TO C~. 750 of the 'Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action ARTIC~ 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 5. FISCAL YEAR 1994 BUDGET TRANS~. To see if the Town Will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands .at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE WARRANT ~NWEAL~OFMASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTICLE 1. GENERAL APPROPRIATION ARTIC~ FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTIC~ 2. ~ TO ARTI_(i~ 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. AMEND~T TO CH. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action ARTIC~ 4. CAPITAL IMPRO~S TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTIC~ 5. FISCAL YEAR 1994 BUDGET T~ANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE t~ORTN LA I,~ E -- "---~_ -- ' COCHICHEWICI~ TED P l-iLl The following supplemental information to the Annual Town Meeting Warrant has been prepared for you in order to provide you with formal motions under selected articles and to present additional information concerning those articles that will help you in your deliberations. The Board of Selec5men's fiscal recommendations, as printed in the warrant, as well as those that will be made at Town Meeting, are conslstent with the Board's policy of bringing forward to you budgets that can be supported by projected revenue and the Board's goals of decreasing the Town's General Fund accumulated deficit and overall enhancement of the Town's fiscal condition. The attainment of those goals and the progress that 5he Town has made over the last two years towards meeting those goals was evaluated by Moody's Investors Services in their report dated October 26, 1992. The following is a quote from that report: "The Town began to implement measures to correct its financial imbalance in fiscal 1992, as it cut the year s budget by 5.1%, including the elimination of 89 positions. A more aggressive collection policy for delinquent and current property taxes and other receivables is now in place, decreasing delinquent property taxes outstanding. In fiscal 1992, the Town began to penalize delinquent water bills with a 14% interest charge, as well as pursue its water shutoff policy more aggressively, providing an improvement in water and sewer collections. A change to quarterly tax billing cycle became effective in fiscal 1991, reducing the Town's past reliance on short-term notes for cash flow. Conservative budgets are now designed to provide contingency for unexpected costs and restore General Fund balance. These actions have contributed to a moderate operating surplus projected for fiscal 1.992, as well as a projected surplus for fiscal 1993. Future credit quality depends on the Town's continued commitment to maintain conservative operations and res5ore financial stability." The Town's recovery will be a slow process,~but I believe that if we keep focussed on the Board's goals, we will come out of this fiscal dilemma and position ourselves for a brighter, more positive future. Town Manager INDEX TO SUPPLEMENTAL INFORMATION Pages Article 5 Article 6 Article 7 Article 12 Article 14 Article 18 Article 42 FY '94 Budget Policy Statement Transfer Unexpended Funds FY 93 Budget Transfers Capital'Improvements Plan Elementary School General Appropriation - FY '94 Amended Authorization to Borrow Garbage, etc. Various Planning Department Articles 1 2 3 4-8 9-14 15 16 17 18 -26 TOWN OF NORTH ANDOVER Board of Selectmen FY '94 BUDGET POLICY STATEMENT The Board of Selectmen directs the Town Manager, pursuant to the Town Charter, to prepare a budget for FY 1994 according to the following: For planning purposes, available revenue is estimated to be $ 32M. Appropriations for operating budgets shall be level funded from FY '93 appropriations, excluding negotiated labor agreements, at current staff levels. Appropriations for other costs, including but not limited to health insurance, retirement benefits, professional fees, general insurance, and worker's compensation shall be funded at 95% of the related FY '93 appropriation. Appropriations for debt service and additions to the Capital Improvement Reserve Fund shall be set at $ 1.4M. St Water and sewer rates shall increase only to reflect direct cost increases. The Town Manager shall identify delivery of municipal and educational service needs not funded within the foregoing Budget Policy Statement. Given that the above directives may generate unallocated revenue, the Town Manager will recommend priorities for the expenditures of any additional funds. e Revenue estimates must balance appropriations in every fiscal year. Any unexpended revenue shall be used to enhance the Town's equity position and not for operating expenses. Adopted by Board of Selectmen 11/2/92 ARTICI,R 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previously appropriated articles or accounts. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 ^dviso~¥ Board PIotion: MOVE that the Town VOTE to transfer certain authorized funds from the unexpended balances of: 1989 Annual Town Meeting, Article 12, Item I O-D,P.W. Equipment $ 3,634.61 1991 Annual Town Meeting, Article 12, Item 19-D.P.W. Equipment 1,367.00 1992 Annual Town Meeting, Article 8, Item 23-D.P.W. Equipment 26,540.15 1988 Annual Town Meeting, Article 6, Item 7-D.P.W. Equipment 610.36 -being the sum of $ 32, 152.12 to be added to the following account: 1992 Annual Town Meeting, Article 8, Item 25-D.P.W. Trash Trucks $32,152.12 being the sum of $ 32,152.12, and further, to transfer certain authorized funds from the unexpended balances of: 1990 Annual Town Meeting, Article 19, Item 7-Fire-Ambulance January, 1991 Special Town Meeting, Article 11 -Fire-Engine 2 1991 Annual Town Meeting, Article 12, Item 9-Fire-BreathingApparatus 1984 Annual Town Meeting, Article 90-Rt 114 Study 1987 Annual Town Meeting, Article 61 -Fire-Asbestos Removal 1991 Annual Town Meeting, Article 18-Reserve Fund Insurance Claim Reimbursement - Highway Dept. Insurance Claim Reimbursement -Chapter 80 C.O.A. Insurance Claim Reimbursement -Chapter 88 D. P. W. Insurance Claim Reimbursement -Water Dept. 7,452,20 2,493.46 225.80 700.00 600.OO 372.60 22,204.75 125.75 8,335,41 250.0O being the sum of $ 42,759.97 to be added to the following accounts: March, 1989 Special Town Meeting, Article 4-Calzetta Land 1991 Annual Town Meeting, Article 12, Item 11 -Franklin School Roof 1991 Annual Town Meeting, Article 12, Item 11 -School-Handicap Elevator 1987 Annual Town Meeting, Art}cie 43-Computer Systems October 5, 1989 Special Town Meeting, Article 3-Town Hall Repairs 1992 Annual Town Meeting, Article I 4-D.P.W. Administration - Salaries 1,274.00 562.50 14.55 14,b4~ 4~ 2,903.~ 23,36504 being the sum of $ 42,759.97. 2 ARTICLE 6. FISCAL YEAR 1993 BUDGET TRANSFERS. To see whan sums the Town will vote to transfer into various line items of the Fiscal Year 1993 operating budget from other line inems of said budget and from other available funds; or to take any other acnion relative thereto. Board of Selectmen Board of Selectmen Recommendation-: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Mee5ing. Favcrabie Action. 4/29/93 Advisory Board Motion: MOVE ~I~a~ the Town VOTE to transfer certain funds, as noted under Ar~ic!e ~14 of the May 4, 1992 Annual Town Meeting from the unexpended balances of: Interest on Debt Ger~eral Insurance Treasury - Salaries Gr. Law. Reg. Vocationa! School - Assessment Planning Department - Salaries Town Manager/Board of Selectmen - Expenses D.I~.W.-Gr Law Sanitary District - Assessment Health Department - Expenses $ 66,000.00 82,000.00 6,000.OG 3,375.00 3,500.00 3,500.00 75,000.00 2,85O.OO being a sum of $242,225 to be added to the following accounts: Town Manager/Board of Selectmen - Salaries Treasury - Expenses Employee Benefits Fire Department - Salaries D.P.W. - Adm~n. & Operations - Salaries Planning Department - Expenses Building Department - Satar~es Building Department - Expenses Police Department - Salaries D.P.W. - Water Department - Salaries D.P.W. - Sewer Department - Salames Legal and Audit School Department - Salaries 7,500.00 13,000.00 7,500.00 62,200.00 6,668.00 4,850.00 5,000.00 800.00 5,900.00 17,228.00 6,941.00 56,600.00 48,038.00 being a sum of $242,225. Item 2 ARTIC~.R 7 CAPITAL 3~ ~ Municipal Buildings Facilities Plan $ 35,000 This appropriation will allow the Board of Selectmen to engage the services of a consultant to assess municipal facility building needs for Fire~ Police and Town Hall. The scope of services will include the following: Define gross square footage requirements for each facility and prepare a utilization floor plan. bo Assist in site selection alternatives for either free standing Police and Fire facilities or a combined facility. Co Prepare estimated construction costs associated with each facility. 4 Town Clerk Computer Systems $ 12,000 At the present time, the Town Clerk uses an outside service bureau to meet its data processing needs. The annual cost of that service is $ 7,000. The proposed expenditure would bring the Town Clerk system in-house, reducing or eliminating that expense. In addition, the in-house Town Clerk system would offer the following benefits: a. Faster response time; b. Support of mapping software used for redistricting; c. Availability of current generation of PC software (Lotus, WordPerfect, etc.) and; d. Improved analytical capabilities. It is estimated that the new system would pay for itself in two years. 5 Police Department Bulletproof Vests $ 27,300 The present police personnel body armor is approximately five-years, old. Kevlar, which is the primary ingredient in body armor, experiences degradation from body perspiration and normal wear and tear. Kevlar relies on a tight weave to resist penetration from a projectile. As kevlar is subjected to the previously outlined conditions, the weave loosens. The result is a decrease in ballistic protection. There is no readily available test to determine the level of protec- tion excep~ for destructive testing, a process by which handgun rounds are fired into the armor. Unfortunately, this is a random sampling and the ballistic protection level of a specific piece of armor cannot be determined. The five-year mark is an expected industry standard for replacement. This point is punctuated by the fact that in- surance coverage for failure of any particular piece of body armor expires at the end of the fifth year. Police Department - Communications Equipment $ 24,080 This projecn has been ongoing for the last few years enabling the Police Department to systematically build a reliable, modern communications network. The final phase is to add Encrytion modules to the existinq portable radios.. This will allow an Officer to secure communications when necessary. 8 Fire Department Replace Enqine Three & Rescue Truck $ 390,000 In last year's Capital Improvements Plan, the replacement of these vehicles was proposed as two separate items. Engine 3 was purchased in 1979 and replaced two fire apparatus. This vehicle is used when the present fire apparatus is not in service for mechanical reasons and when there is a fire, it is manned to cover Station 2 or go to assist at the fire. The replacement of this vehicle would be in keeping with the Fire Chief's proposed fifteen year replacement of fire pumpers. The Rescue Truck was taken 'out of service at the beginnmng of FY '92. It is used, when there is a fire or special emergency, but it is not routinely staffed due to manpower cuns. There is still a need for the special equipment carried on the vehicle but this can be achieved in other ways. By combining these pieces of equipment, we can perform the duties required and provide for backup equipment for all our apparatus. The apparatus to be purchased would be "Quint" having a pump, hose, water supply, ground ladders and a small aerial ladder. This piece of apparatus could provide backup for any piece of apparatus we presently have except the ambulance. It will provide greater versatility for fire operations and better overall coverage to the citizens of the Town. If purchased, the Town would not have to make a scheduled replacement of fire apparatus until the year 2,000. The Board of Selectmen recommends that they replace only Engine Three with a similar piece of equipment (Engine Pump). 2O 21 22 Public Work Equipment One One One One One Cab & Platform (#34 Truck t° be Traded) Sander Sweeper Cab & Chassis (1973 to be traded) Jet Rodder (Rodding machine to be traded) 42,500 15,000 75,OOO 40,000 40,000 $ 212,500 Total 212,500 Division of Public Works Water Main Rehab $ 750,000 WATER LINE REHABILITATION 1994 PROPOSED ESTIMATED STREET WATER MAIN COST Morton Street 300 Hodges Street 700 Belmont Street 600 May Street 600 Sargent Street 500 Saunders Street 1200 Cleveland Street 300 Dudley Street 500 Chapin Road 500 Norman Road 400 Cabot Road 400 Saltonstall Road 700 Lyman Road 1000 Edmunds Road 500 Young Road 400 Little Road 300 Buckingham Road 1200 Osgood Street - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I. - 8" D.I - 8" D.I - 8" D.I - 8" D.I - 8" D.I - 8" D.I - 8" D.I - 8" D.I - 8" D.I Services $ 18,000 42,000 36,000 36,000 30,000 72,000 18,000 30,000 30,0OO 24,000 24,000 42,000 60,000 30,000 24,000 18,000 72,000 10,000 Subtotal 616,000 Police Detail DPW Administration Subcontract Const. Svcs. Contingency 37,000 9,240 68,000 19,760 $ 750,000 Division of Publiu >~prks Water Main Rehab Enqineerinq $ 30,000 The project propcse~ ~s a continuation of an on-going program of water distriru~l~n system rehabilitation. The new installations wl'~ -~ilminate approximately 10,000 feet of old, unlined cast '~n water pipe and improve water distribu- tion, fire flow ~ water quality in and around the areas of construction. ~. ~Jiinional $ 30,000 has been requested for engineering to d.~-?~:~-, and bid FY '95 proposed work. 23 Division of Public Works Sewer System Extension Phase III Great Pond Road $1,500,000 The purpose of this project is to provide funds for construc- tion of sanitary sewers in the Phase III area on the south side of Lake Cochichewick. The project is a continuation of the on-going program of sewer design and construction in the watershed area, for the purpose of providing long-term protection of our water supply. Engineering design of Phase III sewers currently in progress will provide completed plans for facilities in the remaining unsewered areas in the watershed, on the south side of Lake Cochichewick. The Phase III project includes collecting sewers on Great Pond Road, Coachman's Lane, Bridle Path, Timber Lane, South Bradford Street, Meadowview Road, Highwood Way, Woodcrest Drive, Morningside Lane, Russett Lane, Winter Street, Dale Street, Glencrest Drive, and Ferncroft Circle, and Essex Street The proposal for appropriation of $ 1.5 million for Contract A will fund approximately one-quarter of the construction of sewers in the Phase III area. New sewer in Contract A will be installed on Essex Street, Highwood Way, Ferncroft Circle and portions of Great Pond Road, Meadowview Road and South Bradford Street. 24 Division of Public Works - Sewer System ImDrovements I/I $ 500,000 In April, 1990, a town-wide Infiltration/Inflow: Sewer System Evaluation Survey was initiated to detect excessive extraneous groundwater infiltration in 360,000 feet of sanitary sewer. The project is funded in part by Town appropriation and in part by assistance awards from the Massachusetts Department of Environmental Protection. To date, groundwater gauging, flow monitorzng, flow isola- tion, manhole inspections, house to house surveys, smoke testing, infiltration/inflow analysis, cleaning and T.V. camera inspection have been completed. The analysis has documented surchargzng in the West Side Sewer Interceptor and shown that many areas contribute excessive I/I into the system. Design of repairs in those areas, which the analysis found Infiltration/Inflow removal to be cost effective is on going. The completion of the design phase will favorably position the Town for continued State assistance awards. The proposed project for which funding is now requested will implement actual construction of the cost effective repairs. 26 Public Works - Road Improvement Proqram $ 115,000 This money will be used to improve and upgrade public roads within the Town. The Division of Public Works anticipates constructing sidewalks on Water and Milk Streets and repaying approximately six miles of public roads. The Director of Public Works has been requested to prepare an inventory of public roads requiring repairs and once completed, that inventory will be prioritized by the Town Manager and Board of Selectmen in order to lay out a construction program for the next several years. The Board of Selectmen have reques- ted an appropriation of $ 250,000 for FY '94, and it is expected that similar amounts will be requested in future years. 3O 31 Public Works - Recycling Vehicles $ 125,000 Two years ago, Town Meeting voted to instruct the Town Manager to implement curbside recycling. This article provides funds to implement that decision. The funds will be used to buy recycling vehicles. These vehicles will be used to pick up at curbside glass, metal, paper and plastic. Two types of vehicles are being considered: Two non-hydraulic recycling trucks (state bid type trucks) . - OR - One hydraulic truck with attached trash packer type truck. Public Works - Bonny Lane Sewer Improvements $ 160,000 Bonny Lane road acceptance (Article 43) and this item are being recommended because of the failure of several septic systems and the possible infiltration into the Town's water supply. This item will provide funds for an on-site sewerage system. When completed, the cost associated with this project will be assessed to the Bonny Lane residents on a betterment. ARTICLE 12. ELRN~TARY SCHOOL CONSTRUCTION. To see if the Town will vote to amend the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting, authorizing the issue of $ 10,600,000 school bonds, by amending the proviso at the end of such vote to read as follows: "provided, however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education approves the project for a state construction grant under Chapter 645 of the Acts of 1948 as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first paymen5 of any state construction grant, if any, under said Chapter 645." or to take any other actlon relative thereto. Board of Selectmen School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote that the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting is hereby amended to read as follows: VOTED: to appropriate $ 10,000,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural service, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $ 10,000,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date, as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; provided however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Educatzon approves the project for a state construction gran~ under Chapter 645 of the Acts of 1948, as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c. 59 §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645. 10 THE NEW ELEMENTARY SCHOOL FACT SHEET THE NEED The number of elementary school-age children in North Andover continues to grow: 1983 J 988 ]~993 1996 (3/1) (Projection) Pre-School 0 13 54 75 Kindergarten 229 318 353 401 Grades 1 - 5 1192 1311 1494 1880 To meet this need, we currently use in addition to all elementary school spaces, 8 portable classrooms, with 4 more planned for next year. Further, we currently rent 3 classrooms from the church adjacent to the Atkinson School. The effect of this sustained growth on the schools is manifested in two ways: (1) Impact on class size; (2) Impact on the educational program. ,Impact on Class Si~e In 1987 after careful review of the professional literature, the School Committee recommended an elementary class size not to exceed 25 students. Due to our increased student population and the full utilization of ali ava ilable space within our elementary schools, our class size has been significantly driven up well over 25. ,Impact on Program State and federal special education laws, as well as local curriculum initiatives in such areas as science, technology, and language arts, require appropriate space in order to be properly implemented. Student programs in physical education, music, art, and the use of library resources are hampered because of space shortages. Our efforts continue to include all of our students in regular education classrooms. With the adoption of the curriculum review recommendations 1987-92, the North Andover School System is working hard to deliver the best possible program in order to take our children to the year 2000. Severely restricted space and dramatically increasing class size could hurt these efforts. We need to move our whole town forward together. Building the new elementary school is a much-needed, fiscally responsible flu'st step. THE PLAN The state has approved the elementary school project and is committed to pay 63% of the cost of construction and furnishings. The question is when. Our best guess is FY 97. We can meet 34% of the annual 'mortgage' payments out of our current budget. To fill the 63% gap for the 3 years until the state starts to pay its share, the Selectmen have worked out the following plan. It will mean limiting other capital expanses and increasing the town's commitment to debt service during those years, but these goals are achievable. A favorable market has reduced the total cost of the project from $10.6 million to $10 million, and we hope to reduce the cost even further. The final piece of the solution ~s for voters to approve a 3-year "temporary' debt exclusion from Prop 2-1/2. The costs for these three years ~s outlined below: FY Amount Tax Impact Total on a $200,000 Home ~)5 $250,000 · 14/$1,000 $28 ~6 $503,000 .29/$I,000 $58 '97 $558,000 .32/$1,000 $64 12 Bd. of' Sel. April 5, 199.7 0 0 >- >- 0 0 0 0 °°°I o L~ 0 0 0 ~0 0 ~o 0 0 o 0 0 0 0 o o 0 II II 0 II II II Il 0 II II II II ~l 0 II II II II II ~ II II II II QUESTIONS AND ANSWERS ON THE ELEMENTARY SCHOOL DEBT EXCLUSION o What's the hurry? Why not just wait until we get state funding? (I) Overcrowding in the elementary schools is already sever.e, with increases each year we wait. (2) The construction market may never be better. We can save money, as the library did. (3) We can save money now spent on rented space. o Won't the tow~ just waste the money like on the water treatment plant? The town has learned its lesson from the water treatment plant and Bear Hill Reservoirs, and a number of safeguards a~e now in place. The library, for instance, is right on its budget target and proceeding smoothly. o Where will we get the money to staff a new school? Most of the personnel needed are already in the system, teaching in the temporary spaces named above. Even without a new school, we will still have to hire staff to meet increased enrollments, but we arc not sure where they will teach. o How will a new school help children in the remaining schools? The School Department has a plan to renovate ALL the schools in the system, but does not have the funds to implement it all at once. A new elementary school is the first step. It will relieve the overcrowding at existing schools and allow better use of space there, freeing rooms for liraries and other non-classroom uses. Improvements cannot be made as long as overcrowding exists. o Why should those with no children in the school system vote for this? We need to take positive steps to protect properly values and the town's bond rating. The Selectmen have done a lot to improve the toWn's fiscal picture, and a good school system is critical in achieving these aims. We understood at town meeting that the state would pFovide funding within two years. What guarantees are there that the state will ever pay? Over the protests of our local representatives, the state changed the rules for getting on the list. Instead of establishing each year's list on the basis of need, all projeota on the FY 92 list were locked in place. So, although 5th on the FY 93 list, North Andover was dropped to 49th. The list is now frozen, and at the current rate of projects funded each year, we expect to receive aid in 1997. The guaranteed state share is 63%. The state has never failed lo fund a project once ii is placed on the approved list. At least 12 towns have begun construction without state aid and later received funding. o What's to stop the Selectmen from continuing higher taxes after the state funding starts? The Town Meeting and ballot votes will specifically prevent that from happening. Prepared by the Board of Selectmen and the School Committee 14 ARTICLE 14. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. 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, 1993, and ending June 30, 1994; or to take any osher action relative thereto. Board of Selectmen Advisory Board Motion MOVE that the Town vote to accept the recommendations of the Advisory Board, as presented in the warrant under the column titled "FY '94 Advisory Board Recommendations" with the following changes: Increase School Department Salaries appropriation by $ 168,916, less available Public Law 874 funds in the amount of $ 53,916, resulting in a net amended FY '94 budgetary appropriation of $ 31,645,764 and to raise and appropriane S 31,645,764 for the purpose of the article. 15 ARTICLE 18. AMEND AUTHORIZATION TO BORROW - VARIOUS ARTICI.RS. To see if the Town will vote to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $ or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion: MOVE that the Town VOTE to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorizations to borrow under M.G.L. Chapter 44 to be reduced in the total amount of $233,500, as follows' Article 41 of the 1984 Annual Town Meeting to reduce original authorization of $33,000 for the purpose of water mains to $ 0; Article 74 of the 1985 Annual Town Meeting to reduce original authorization of $350,000 for the purpose of water mains to $ 223,000; Article 4 of the March .. 1989 Special Town Meeting to reduce original authorization of $952,000 for the purpose of acquiring land to $ 950,000; Article 8, Item 6 of the 1992 Annual Town Meeting to reduce original authorization of $45,000 for the purpose of installation of an exhaust system in the Fire Department to $43,500; and Article 12, Item 22 of t~,e ~991 AnnUal Town Meeting to reduce original authorization of $270.0~" for the purpose of installing fuel storage tanks to $ 200,000. 16 GARBAGE, RUBBISH, & REFUSE This article puts into the Town Code Bylaws what the Town Division of Public Works has been doing with respect to refuse pickup for over the past five yers, plus the existing Board of Selectmen's regulation which reflects the new State mandate on glass and metal elimination from the waste stream. Approving this article will not effect what you can or cannot put in your trash, but mearly makes it clear to everyone in Bylaw form what the Town Division of Public Works policy is and will continue to be. This type of Bylaw (clarification of current Town policy) should be encouraged. The item listed in this bylaw cannot be included in your trash but will be accepted by the Division of Public Works within the Recycling Program. 17 NORTHANDOVER PI~d~NING BOARD REPORT TO 1993 ANNUAL TOWNMEETING ON PROPOSED AMENDMENTS TO THE ZONING BYLAW MAY 3, 1993 The Zoning Act (Chapter 808 of the Acts of 1975) requires that no vote to adopt or amend any zoning bylaw shall be taken until a report with recommendations has been submitted to Town Meeting by the Planning Board after holding a public hearing on the proposed amendments or after twenty-one (21) days shall have elapsed without such report. This document seeks to serve as the North Andover Planning Board's Report to Town Meeting on proposed amendments appearing on the warrant for May 3, 1993, Annual Town Meeting. All reports include findings of facts and recommendations based on testimony, both verbal and written, heard at public hearings held on April 13, April 20, and continued on April 29, 1993, all duly advertised in accordance with said Chapter 808. Correspondence, minutes, maps and warrant articles constitute the formal record of the proceedings of these hearings and are on file in the Office of the Planning Board. ARTICLE 7, CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994 (Petition of Board of Selectmen) LINE ITEM 21, WATER MAIN REHAB. LINE ITEM 22, WATER MAIN REHAB. - ENGINEERING LINE ITEM 23, SEWER SYSTEM EXT. - PHASE 3 GPR LINE ITEM 24, SEWER IMPROVEMENTS LINE ITEM 26, ROAD IMPROVEMENT PROGRAM LINE ITEM 31, BONNY LANE SEWER IMPROVEMENTS The Planning Board recommends FAVORABLE action on the above line items. ARTICLE 29, WETLANDS PROTECTION FUND (Petition of Conservation Commission) The Planning Board recommends FAVORAB?.~ action on this article. ARTICTm 31, ROADWAY SAFETY IMPROVENR. NTS TO INTERSECTION OF ROUTE 114 WITH MILL ROAD/WILLOW STREET (Petition of Board of Selectmen) The Planning Board recommends FAVORABT~ action on this article. Explanation: Acquisition of land roadway improvements associated signalization at this intersection. parcels for the necessary with the planned traffic 18 ARTICLE 32, RETURN OF FUNDS TO FIRST CITY DEVELOPMENT CORP. (Petition of Conservation Commission) The Planning Board recommends FAVORABLE action on this article. Explanation: Return performance bond for work completed. ARTICLE 33, MODIFICATION TO ZONING BYLAW, SECTION 8.5 (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article with the following amendments: Delete "Renumber paragraph 8.5 (6) D to 8.5 (6) C" Delete "Pre-existing structures shall be allowed to remain, if approved as part of this PRD Special Permit granted by the Planning Board" Explanation: Modification to Planned Residential Development Bylaw to clarify definition of "Buffer Zone". This new definition will allow the buffer zone to be enhanced by the placement of landscaping, and also permit the proposed roads to enter the subdivision, through this zone. ARTICLE 34, AMENDMENT TO ZONING BYLAW, SECTION 4.132 (Petition of Planning Board) The Planning Board recommends FAVORABLR action on this article. Explanation: Housekeeping article to remove helicopter pads from the Industrial I Zone Section, as it was eliminated in 1987 from the Summary of Allowable Uses, but not the Section itself. ARTICLE 35, AMENDMENT TO ZONING BYLAW, SECTION 4.133 (Petition of Planning Board) The Planning Board recommends FAVORABTm action on this article. Explanation: Housekeeping article to remove helicopter pads from Industrial 2 Zone, as it was eliminated in 1987 from the Summary of Allowable Uses, but not the Section itself. ARTICLE 36, AMENDMENT TO ZONING BYLAW, SECTION 4.122, PARAGRAPH 6.b (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article. Explanation: Housekeeping article to add language erroneously deleted from this section of the bylaw. ARTICLE 37, AMENDMENT TO ZONING BYLAW, SECTION 2.22.1, FAMILY SUITE (Petition of Planning Board) 19 The Planning Board recommends FAVORABLE action on this article. Explanation: Housekeeping article to remove extra definition of Family Suite from the bylaw. ARTICT~ 38, AMENDMENT TO ZONING BYLAW ZONING NAP FROM R-2 TO I-1 (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article. Explanation: Change a parcel of land adjacent to the Industrial Park to I-1 from R-2. See ATTACHMENT B. ARTICLE 39, AMENDMENT TO ZONING BYLAW ZONING MAP, SECTION 4.137 (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article subject to the amendments as printed in ATTACHMENT A. Explanation: Revise and update Flood Plain District Bylaw. New maps prepared for the Town by Federal Government (FEMA). Need to adopt bylaw in order for Town residents to be eligable to obtain flood insurance. ARTICLE 40, AMENDMENT TO ZONING BYLAW, SECTION 6.6.7, POLITICAL SIGNS (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article with the following amendments: "Temporary signs pertaining to a candidate or ballot questions appearing on the ballot of any election duly called in the Town of North Andover shall be allowed in all zoning districts" Amend Subsection c as follows: "Shall not be higher than three (3) feet above ground level from the bottom of such sign." Explanation: Current bylaw in violation of first amendment, freedom of speech and is unenforceable. This bylaw allows political signs but only during specified times and only of a certain size. ARTICT~ 43, STREET ACCEPTANCE, BONNY LANE (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article. Explanation: Roadways are completed and are acceptable by the Town as town roads. 20 ARTICLF. 44, STREET ACCEPTANCE, HAWKINS LANE (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article. Explanation: Roadways are completed and are acceptable by the Town as town roads. ARTICLE 45, STREET ACCEPTANCE, WOODCHUCK LANE (Petition of Planning Board) The Planning Board recommends FAVORABLE action on this article. Explanation: Roadways are completed and are acceptable by the Town as town roads. ARTICLE 46, STREET ACCEPTANCE, HOLLY RIDGE (Petition of John McGarry & Others) The Planning Board recommends FAVORABLE action on this article. ARTICLE 47, STREET ACCEPTANCE, TIFFANY LANE (Petition of Peter G. Shaheen & Others) The Planning Board recommends UNFAVORABLE action on this article. ARTICLE 48, STREET ACCEPTANCE, BREWSTER STREET (Petition of William F. Gennarelli & Others) The Planning Board recommends UNFAVORABT~ action on this article. ARTICLE 49, STREET ACCEPTANCE, JETWOOD STREET (Petition of Dann R. Nocolosi & Others) The Planning Board recommends UNFAVORAB~ action on this article. ARTICLE 50, STREET ACCEPTANCE, ENGLISH CIRCLE (Petition of Brian Lawlor & Others) The Planning Board will make their recommendation at Town Meeting. ARTICLE 51, STREET ACCEPTANCE, PHILLIPS COMMON (Petition of Brian Lawlor & Others) The Planning Board recommends UNFAVORABT~ action on this article. ARTICLE 52, ACCEPTANCE OF LAND ENTITLED PHILLIPS COMMON (Petition of Brian Lawlor & Others) The Planning Board recommends FAVORABLE action on this article. 21 ARTICLE 53, ACQUISITION OF EASEXENT F~OM LOIS H. DEMERS (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 54, ACQUISITION OF EASEMENT FROM STEPHEN SCULLY (Petition of Division of Public Works) The Planning Board rec~mmands FAVORABLE action on this article. ARTICLE 55, ACQUISITION OF EASEMENTS FROM JOSEPH A. SCUT.T.Y AND FRANCIS M. SCUT~ (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 56, ACQUISITION OF EASEMENTS FROM JAMES & MARGARET WAT.KER (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 57, ACQUISITION OF EASEMENTS.FROM SANTO & ANNE MESSINA (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 58, ACQUISITION OF EASEMENTS FROM LOIS H. DElalT~S, JOSEPH A. SCULLY, AND FRANCIS M. SCULLY, SANTO MESSINAANDANNEMESSINA (Petition of Division of Public Works) The Planning Board recommends FAVORAB;m action on this article. ARTIC?m 59, ACQUISITION OF EASEMENTS FROM JOSEPH A. SCU~ AND FRANCIS M. SCU~.~, STEP~ J. SCULLY AND SANTO MESSINA AND ANNE MESSINA (Petition of Division of Public Works) The Planning Board recommends FAVORAB~m action on this article. ARTICLE 60, ACQUISITION OF EASEMENTS FROM JAMES S. AND MARGARET L. WA~.KER (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 61, ACQUISITION OF EASEMENTS FROM JAMES S. AND MARGARET L. WAT,KER; LOIS H. DEMERS AND SANTO MESSINAANDANNEMESSINA (Petition of Division of Public Works) The Planning Board recommends FAVORABLE action on this article. ARTICLE 62, APPROPRIATION TO FIX DRAINAGE PROBLEMS ON WENTWORTH AVENUE (Petition of Paula Holland & Others) The Planning Board recommends UNFAVORABLE action on this article. ARTICLE 58. ACQUISITION OF EAS~ - LOIS H. DEMERS,~ JOSEPH A. SCULLY, FRANCIS M. SCULLY, SANTO MESSINA ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Lois H. Demers, Joseph A. Scully, and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of Winter Street (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginnzng at a point on a stone wall at the southerly side of Winter Street (a private way), said point being 478 ~ feet easterly of Bridle Path Road, thence; S 84-22-23 W Along Winter Street and through land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through land of said Messina and Lois H. Demers, a distance of 35.65 feet to a point on a stone wall at the northerly side of Winter Street, the last course through Winter Street, thence; N 81-36-04 E Along Winter Street through land of said Demers, a distance of 14.44 feet to a drill hole in a stone wall at land of Joseph A. and Francis M. Scully, thence; N 86-02-13 E Along Winter Street and through land of said Scully, a distance of 6.50 feet to a point, thence; S 10-06-37 W Through land of said Scully and said Messina, a distance of 36.18 feet to the point of beginning, the last course through Winter Street The above described easement premises contain 722 square feet more or less. The Town further authorizes the Board of Selectmen to acquire form Lois H. Demers, Joseph A. Scully and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is another portion of Winter Street (hereinafter 76 "temporary easement'premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way, said point being 457 ~ feet easterly of Bridle Path Road,) thence; S 84-22-23 W Along Winter Street and land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through Winter Street and land of said Messina and Lois H. Demers, a distance of 34.59 feet to a point at the northerly side of Winter Street, thence; N 81-36-04 E Along Winter Street and through land of said Demers, a distance of 21.09 feet to a point at said easement premises, thence; S 10-06-37 w Through Winter Street and land of said Demers and said Messina, a distance of 35.65 feet to the point of beginning. The above described temporary easement contains 702 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions, or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwmse the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article ~8 Item 31 of the 1992 Annual Town Meeting. 77 ARTICLE 59. ACQUISITION OF EASEMENT - JOSEPH A. SCUI.T~AND FRANCIS M. SCUI.T.Y, STEP~IEN J. SCULLY, SA1FfO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully, Stephen J. Scully, and Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and upon the area marked "W-2" (hereinafter "easement premises"). W-2 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the southwesterly corner of said easement premises and land of Santo and Anne Messina, said point being 9.33 feet and N 10-06-37 E of the southerly sideline of Winter Street, thence; N 10-06-37 E Through Winter Street and through land of said Messina and Joseph A. and Francis M. Scully a distance of 20.02 feet to a point; thence; S 82-28 03 E Through land of said Joseph Scully and Stephen J. Scully a distance of 92.59 feet to a point, thence; S 07-31-57 W Through land of Stephen Scully, a distance for 20.00 feet to a point, thence; N 82-28-03 W ThroUgh land of Stephen Scully and Santo and Anne Messina a distance of 91.74 feet to a Point of Beginning, the last (3) courses through Winter Street. The above described easement premises contains 1,843 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. 78 Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 79 ARTICLE 61. ACQUISITION OF EASEMENT - JAMES S. WALKER AND MARGARET L. WALKER; LOIS H. DEMERS, AND SANTO AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker; Lois H. Demers and Santo and Anne Messina a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and upon the area marked "W-i" (hereinafter "easements premises"}. W-1 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road and land of James S. and Margaret L. Walker, said point being 9.64 feet and N 07-51-25 W of a drill hole in a stone wall bound, thence; N 07-51-25 W Along the side of Bridle Path Road and [and of said Walker and Lois H. Demers, a distance of 20.96 feet to a point, thence; S 80-26-27 E A distance of 309.50 feet to a point of curvature, thence; Northeasterly Along a curve to the left having a radius 202.75 feet, a distance of 121.76 feet to a point of reverse curvature, thence; Easterly Along a curve to the right having a radius of 126.38 feet, a distance of 54.34 feet to a point, the last (3) courses through Winter Street and land of Demers, thence; S 10-06-37 W Along land of said Demers and Santo and Anne Messina and through Winter Street, a distance of 20.39 feet to a point, thence; Southwesterly Along a curve to the left having a radius of 106.38 feet, a distance of 43.09 feet to a point of reverse curvature, thence; Westerly Along a curve to the right having a radius of 222.75 feet, a distance of 133.77 feet, thence; N 80-26-27 A distance of 303.22 feet to a point at the easterly side of Bridle Path Road and the Point of Beginning, the last (3) courses through Winter Street and land of said Messina and James S. Walker and Margaret L. Walker. 81 The above described easement premises contains 9,435 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 82 ARTICI~ 69. ~~ TO WETLANDS BYLAW. To see if the Town will vote to amend Chapter 178 of the Code of North Andover, the Wetlands Protection Bylaw, to re-number the existing Section 178.11 to become Section 178.12 and to add a new Section 178.11 entitled "Consultant Services Account" This new Section will read: Upon receipt of a permit application, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the consultant fee. The specific consultant services may include but are not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and Environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to the town to be put into a consultant services account of the Commission which may be drawn upon the Commission for specific consultant services approved by the Commission at one of its public meetings. The exercise of discretion by the Commission in making its determination to require the payment of a fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for making an objective decision. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: Project Cost UP TO $ 5oo,ooo $ 500,001 $ 1,000,001 $ ~,500,001 - $ ~,000,000 - $ ~,500,000 - $ 2,000,000 Maximum FEE 2,500 5,000 7,50o ~0,000 Each additional $500,000 project cost increment (over $ 2,000,000) shall be charged at an additional $ 2,500 maximum fee per increment. The project cost means the estimated, entire 90 cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action 4/26/93 Planning Board Recommendation: To be made at Town Meeting. Favorable Action with amendments. These amendments can be found in the MOTION. 4/29/93 Conservation Commission Motion MOVE to see if the Town will vote to adopt this bylaw with the following language: Delete "Each additional $500,000 project cost increment (over $2,000,000) shall be charged at an additional $2,500 maximum fee per increment." and insert at the end of the article: "The maximum fee required under this authority will be $10,000 per project. The specific consultation services will be limited to review of drainage analysis, storm water management, water quality, wetland delineation, wildlife habitat evaluation, and erosion control measures. These services will only be required when the applicant and the Commission cannot come to mutual agreement on a critical issue which requires technical knowledge or expertise not available to the Commission. The determining use of these funds will be reviewed and approved based on the specific need for outside consultation by the Director of the Division of Planning & Community Development." 91 · sp2ezeg pooI~ o~ a~nsodxa aonpa~ o~ ~o azT~TuT~ o~ pa%on~suo~ pu~ pa~soI aa~ saT~lTOe~ pue ss~$~I~$n o~Iqnd IIe (q :a6e~ep pooI~ az~m~u~m sIesodoad gons (e :~eg$ os pau6~sap ag IIegS XIaA~$oadsaa u~ paI~ sueId UO~S~A~pqns aA~$~U~ap pue Kaeu~Iaad II~ :saoIIO~ se peaa o~ SUOT~eI~H ~uamdoIaaa(] '9 UOT%OaS ~o gdeaBeaed PaTg~ aSTaa~ sansuoo 's~zoM D~Iqn~ ~o UO~S~A~O aq~ ~o"aoqsaa~O ag~ q~a uo~sun.~uoo u~ · ao~oaasuI bu~pI~ng ag$ puw 'pooI~ aeaX OOI aq~ ~o-aoua~nsoo ag~ 6u~np-sIaAaI pooI~ u~ asea~su~ Xue u~ ~Insaa ~ou IleqS S~US~gD~OIDU~ gons ~U~ Bu~ea~suo~ap ~u~o~Idd~ ag$ Ag- pap~Aoad s~ aaau~Bua I~UO~SSa~oad p~aa~s~Bs~ e Ag UO~D~I~D ssaIun p~q~gozd sae ssua~doIaAap aag~o pue 'ssan~ona~s 6u~s~xa o~ 's~ua~aAoad~ · apo0 Bu~pI~ng ~o uo~wA~I~ ~g~ 6u~ spaeao~ uo~ez~I~n aIqeuoseaa s~ ao~ ~s~aoM o~Iqr~ ~o uo~s~A~G aq~ ~o ~o~Da~Q ~q~ q~ $~ pue eSep uo~eaaIa pooI~ aseq 6u~$s~xa Kue u~esqo IIegS ~ueo~Idde ag% 'kr~I~ ~g% uo pap~Aoad Sou s~ uo~eAaIa pooI~ -X~ s~g~ ~o ~'£ ~o~ssS ~o Suo~s~Ao~d aq~ Su~pue~sg~a~oN :peaa 9 uol9,oaS peaa o~_suol~eIn6aH ~ua~doIaAa(I -~ uol~oaS aaqmnua~ g uol%oaS peaa 0% suol%eI~t~aH ~ul~slxa-£ uol~oaS aacT~nua~ ....... - Form DA-82 LOAN AUTHORIZATION REPORT FORM~ · Article -7:: : :~assed-. 6n '-,/~/'~T ,3 , 199__~ authorizing a ¥1°an- of ATTESTED OF WARRANT: .: ~; .. Published in newspaper: Dat'e(s) //~'~V ~ -/~ ¢ .~ Notification Requ~r. ements. -- Were thes~'Smet? VOTE COUNT (U~imous or:.;ACt~ua' vote count):'- ~,~c,/,~r,. ...:::. pn~.asv. AT~AcIt~-':..~, TIFI~D ~¥ :0FTEE V0~E AS pASSED. (this is'.req~i_red:by law) SPECIAL REQUIREMENTS FOR ADJOURNED SESSION: .... ~ ' r_.>, ~. Warrant or notice:of a~journment: '~ '?:-~'~ posted ::., Date 'Places* Additional .Requ~rements':..~ .... ..._... :.. Number or percentage requl, red./~.~' · ~ _/~ ~,'/.~;Was quorum present: Finance/Advisory Committee meeting posted: Date If vote subject to referendum, were requirements Is litigation pending which would affect the validity of this vote? I hereby certify that this information is correct to the best~ of my knowledge. ~ ~ gown ~,r ~r~tri~ · If Places are Specified by By-Law or Vote, list actual places posted. Debt Section Tel: 617-727-2300 ext. 509 or 510 Division of Local Services P. O. Box 9655 FAX: 617-727-6432 Boston, Massachusetts 02114-9655 (printed 3~93) James P. Goraon Town Manager TO: FROM: DATE: TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 Daniel Long, Town Clerk James P. Gordon, Town Manager April 27, 1993 ~ RE: Annual Town Meeting - May , 1993 Roadway Acceptance Articl TELEPHONE 682-6483 As per the provisions of MGL Chapter 82, Sections 21-23, I am hereby filing with you the results of public hearings held on April 20, 1993, by the Board of Selectmen on the acceptance of the following roadways as public ways: Article 43. Article 44. Article 45. Article 46. Article 47. Article 48. Article 49. Article 50. Article 51. Bonny Lane Favorable Recommendation Hawkins Lane - Favorable Recommendation Woodchuck Lane Favorable Recommendation Holly Ridge - Favorable Recommendation Tiffany Lane - Recommendation to be made at Town Meeting Brewster Street - Unfavorable Recommendation Jetwood Street Unfavorable Recommendation English Circle - Recommendation to be made at Town Meeting. Phillips Common Unfavorable Recommendation /kar COMMOI~~-I OF MASSA~SETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTICLE 1. GENERAL APPROPRIATION ARTIC~ FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the. appropriation of funds tb School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 2. ~ TO ARTIC~ 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. AMEND~NT TO CH. 750 of the 'Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary Distr~ to comply with all North Andover thereto Zoning By-Laws, or to take anYot/~r action relative . v Board of Selectmen Board of Selectmen Recommendation: Favorable Action ARTICLE 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 5. FISCAL YEAR 1994 BUDGET TRANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST A .True Copy~ · . ~ y DANIEL LON~ TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE WARRANT ~NWEAL~OFMASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTIC~ 1. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTIC~ 2. AMENDmenT TO ARTICLE 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. AMENDMENT TO CH. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action ARTICLE 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINgS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLR 5. FISCAL YEAR 1994 BUDGET TRANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted no5 less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST ~~D~/i ~~rue ~op~ EL LON~ TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE !1:t.5 James P, Gordon Town Manager TOWN OF NORTH ANDOVER, MASSACHUSETTS OFFICE OF TOWN MANAGER 120 MAIN STREET, 01845 TELEPHONE 682-6483 TO: FROM: DATE: RE: Division Directors Fire Chief Police Chief Town Accountant KathleenGorman, Director, Senior Center Sue Ellen Holmes, Director, Stevens Memorial Library Rick Gorman, Director, Youth Services Town Clerk James P. Gordon, Town Manager~/- - JUly 9, 1993 Personnel Bylaw Enclosed is a copy of the Town of North Andover Personnel Bylaws as adopted at the May 4, 1992, Annual Town Meeting and amended at the Annual Town Meeting of May, 1993, (Article 27). Please familiarize yourself with this Bylaw and ensure that all Bylaw personnel adhere to its provisions. Please provide employees, within your division/department, with copies of this revised bylaw. Thank you. JG:map TOWN OF NORTH ANDOVER PERSONNEL BY LAWS ADOPTED MAY 4, 1992 ANNUA~ TOWN MEETING, ARTICLE 31 AMENDED: Annual Town Meeting 5/93 (Article 27) SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION S SECTION 6 SECTION 7 SECTION 8 SECTION 9 AUTHORIZATION ..................... DEFINITIONS ...................... ADMINISTRATION - TOWN MANAGER ............ CLASSIFICATION PLAIN ................. TERMINATION NOTICES ................. LAYOFF/REINSTATEMENT ................. GRIEVANCE PROCEDURE ................. COMPENSATION PLAN .................. AMENDMENT OF THE PLANS ................ SECTION 10. POSITION CLASSES .................. SCHEDULE A - CLASSIFICATION OF POSITIONS .......... SCHEDULE B-1 - COMPENSATION PLAN ............. SCHEDULE B-2 - COMPENSATION PLAN .............. SCHEDULE C - POLICE DEPARTMENT: NON UNION EMPLOYEES .... SCHEDULE D - FIRE DEPARTMENT NON UNION EMPLOYEES ...... SCHEDULE E - MISC. COMPENSATION SCHEDULE .......... SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN .... SECTION 12 FRINGE BENEFITS AND WORKING CONDITIONS ........ SECTION 13 LONGEVITY INCREMENTS ................ SECTION 14 UNIFORM ALLOWANCE .................. SECTION 15 WORK WEEK ...................... SECTION 16 OVERTIME COMPENSATION ................ SECTION 17 PAID HOLIDAYS .................... SECTION 18 VACATION LEAVE ................... SECTION 19 SICK LEAVE ..................... SmC~ION 20 WORKMEN'S COMPENSATION ............... SECTION 21 BEREAVEMENT LEAVE .................. SECTION 22 EDUCATION LEAVE ................... SECTION 23 EDUCATIONAL REIMBURSEMENT .............. SECTION 24 PERSONAL LEAVE ................... SECTION 25. JURY LEAVE ..................... SECTION 26. MILITARY LEAVE ................... SECTION 27. TERMINAL LEAVE ................... SECTION 28. MATERNITY LEAVE ................... SECTION 29 UNPAID LEAVE OF ABSENCE ............... SECTION 30 PHYSICAL EXAMINATION ................ SECTION 31 CIVIL SERVICE LAW .................. SECTION 32 EFFECT OF PARTIAL INVALIDITY ............ SECTION 33 ADDITIONAL POSITIONS ................ 1 1 4 5 5 6 7 8 10 11 11 13 13 13 13 14 14 15 15 16 16 17 17 18 19 2O 2O 21 21 22 22 22 22 23 23 24 24 24 24 i PERSONNEL BY-LAW FY 1993 - 1994 SECTION 1. AUTHORIZATION Pursuant to the authority contained in Section 108A of ChaD%er 41 of the General Laws there shall be established plans, which may be amended from time to time by vote of the Town at a Town Meeting. These plans will include: (A) Classifying positions in the service of the Town, other than those filled by popular election, those under the direction and control of the School Committee, the position of Town Counsel and certain positions for which the compensation is on a fee basis or the incumbents of which render intermittent or casual service and which do not appear in Schedule A of Section 10: "Position Classes" following, into groups and classes doing substantially similar work or having substantially equal responsibilities, (B) Authorizing a compensation plan for positions in the classification plan and, (C) Providing for the administration of said classification and compensation plans. These plans specifically exclude any employees covered under collective bargaining agreements, and appointed employees covered under contractual agreements. This By-law shall be reviewed annually prior to the warrant for annual Town Meeting. Any personnel question not specifically covered by the provisions of this bylaw shall be at the discretion of the Town Manager. SECTION 2. DEFINITIONS As used in this By-law, the following words and phrases shall have the following meanings unless a different construction is clearly required by the context or by the laws of the Commonwealth: Administrative Authority: The elected or appointed official or board, having jurisdiction over a function or activity. Civil Service Law: Chapter 31 of the General Laws of the Commonwealth, as amended and all rules and regulations made thereunder and any special law enacted by the General Court regulating the classification, compensation and conditions of employment of officers and employees of the Town under ChaDSer 31. Class: A group of positions in the Town service sufficiently similar in respect to duties and responsibilities so that the same descriptive title may be used to designate each position allocated to the class, that the same qualifications shall be the incumbents, that the same tests of fitness may be used to choose qualified employees and that the same scale of compensat!on can be made to apply with equity. Classification Plan: Class titles of Schedule A of Section 10: "Position Classes" of this By-Law plus class specifications which are on file with the Town Manager and which; are hereby incorporated by reference. Compensation Plan & Grade: These terms refer to a range of salary or wage rates appearing in schedule B-1 through E of Section 10: "Position Classes" Continuous Employment: Employment uninterrupted except for required military service and for authorized vacation leave, sick leave, bereavement leave, or other leave of absence. Continuous Part-Time Employment: An employee who is employed by the Town for a minimum of twenty hours per week every week of the year with the exception of accrued vacation leave. Department: Any department, board, committee, commission or other agency of the Town subject to this By-Law. Department Head: The officer, board, or other body having immediate supervision and control of a department. Emerqenc¥ Position: A temporary position created for a duration of not more than one fiscal year for the purpose of meeting an unforseen problem in the delivery of Town service. Employee: An employee of the Town occupying a position in the classification plan. Full-Time Employee: employment. An employee retained in full-time Full-Time Employment: Employment for not less than seven and one-half hours a day five days a week for fifty-two weeks per year, less legal holidays and any authorized leaves of absence. Any person so employed is a full-time employee. Group: An occupational group of classes appearing in Schedule A. Increment: The dollar difference between step rates. Lonqevit¥ Pay: Compensation to an employee occupying a position in the classification plan zn full-time continuous employment of five years or longer pursuant to the schedule appearing in Section 13: "Longevity Increments" Maximum Rate: The highest rate in a range which an employee normally is entitled to attain. Minimum Rate: The rate in a range which is normally the hiring rate of a new employee. Part-Time Employee: employment. An employee retained in part-time Part-Time Employment: Employment for less than the time defined above as full-time employment. (Less than twenty hours per week) Any person so employed is a part-time employee. Permanent Employee: (1) Any employee retained on a continuing basis in a permanent position, as defined above: (2) any employee holding a permanent appointment under Civil Service Law to a position deemed permanent within the meaning of said law. Permanent Position: Any position in the Town service which has required or which is likely to require the services of an incumbent without interruption for a period of more than six calender months, either on a full-time or part-time employment basis. Personal Rate: A rate above the maximum rate applicable only to a designated employee. Position: An office or post of employment in the Town service which has required or which is likely to require the service of an incumbent without interruption for a period of more than six calendar months, either on a full-time or part-time employment basis. Position Class: Same as class (a class may include only one position in which event it is defined as a "single position class"). Promotion: A change from a position of lower class and compensation grade to a position with greater responsibilities in a higher class and compensation grade. Ranqe: The dollar difference between minimum and maximum rates. Rate: A sum of money designated as compensation for personal services on an hourly, weekly, monthly, annual, or other basis. Sinqle Rate: A not in a range. rate for a designated position class which is Step Rate: A rate in a range of compensation grade. Temporary Employee: (1) An employee retained in a temporary position as defined below: (2) Any employee holding a temporary appointment under Civil service Law who does not also have permanent status thereunder. Temporary Position: Any position in the Town service which required or is likely to require the service of one incumbent for a period not exceeding six calendar months, either on a full-time or part-time basis. Town: the Town of North Andover. Town Manaqer: the Town Manager is the Chief Administrative Officer of the Town appointed by the Board of Selectmen. Defined in Section 3: "Administration - Town Manager" SECTION 3. ADMINISTRATION - TOWN MANAGER (A) There shall be a Town Manager responsible for the administration of the classification and compensation plans. The Town Manager shall be appointed by the Board of Selectmen. (B) The Town Manager shall be invested with all the powers and duties specified in Section 108C of Chapter 41 of the General Laws. (C) The Town Manager shall administer the plans and shall establish such procedures as he or she deems necessary for the proper administration thereof,and, subject to the approval of the Selectmen, .assign to the Administrator such duties as he or she deems necessary. (D) The Town Manager may employ assistance and incur expenses as he or she deems necessary subject to the appropriation of funds therefor. (E) The Town Manager shall maintain adequate personnel records of all employees occupying positions subject to the classification and compensation plans, said records to be kept in his or her custody~ Department Heads shall provide such information as the Town Manager may request. (F) The Town .'Manager from time to time, shall investigate the work features and rates of salaries or wages of any or all positions subject to the provisions of this By-Law. Such reviews shall be made at such intervals as the Town Manager deems necessary and, to the extent which the Town Manager considers practicable, shall include all occupational groups in the classification plan. SECTION 4. CLASSIFICATION PLAN (A) Ail positions in the service of the Town except those excluded in Section 1: "Authorization" are hereby classified by titles appearing in schedule A of Section 10: "Position Classes", which is made a part hereof. These classes of positions shall constitute the Classification Plan for the paid Town service, within the meaning of Section 10SA of Chapter 41 of The General Laws, as amended. (B) The Town Manager shall maintain written job descriptions or specifications of the classes in the classification plan, each consisting of a statement describing the essential nature of the work and the characteristics that distinguish the class from other classes. The description for any class shall be construed solely as a means of identification and not as prescribing what the duties or responsibilities of any position shall be, or as modifying, or in any way affecting, the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of any employee under the jurisdiction of such authority. (C) Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Town Manager, the Town Manager shall allocate such new or changed position or its appropriate class, as hereinafter provided. (D) The title of each class, as established by the Classification plan shall be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position. (E) No position may be reclassified or no class may be assigned to different compensation grade, until the Town Manager shall have determined such reclassification or such reassignmen5 to be consistent with the classification and compensation plans. SECTION 5. TERMINATION NOTICES (A) The first'six months of employment for any new personnel shall be considered a probationary period. If the employee's work upon management review is unsatisfactory, the employee may be dismissed by the Town Manager during the first six months. After the probationary period, the employee shall be considered a permanent employee of the Town. An employee may be dismissed at any time for good and sufficient cause: but no permanent employee SECTION 7. GRIEVANCE PROCEDURE (A) Definition of Grievance - A grievance is a dispute between an employee and the Town involving the interpretation or application of the specific terms of this bylaw. (B) Grievance Steps Step 1 - Immediate Supervisor - No later than five (5) work days after the event giving rise to the grievance, or five (5) work days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee must submit a written grievance to his or her immediate supervisor. The written grievance must contain the specific term(s) allegedly violated by the Town on the basis for claiming said violation. The failure to do so will be sufficient grounds to refuse to process the grievance. Within five (5) work days after receiving the grievance, the immediate supervisor and the employee shall meet to discuss the grievance. The immediate supervisor shall give his or her written answer within five (5) work days of said meeting. If the Department Head is the immediate supervisor then Step 2 is the first step of this grievance process. Step 2 - Department Head - If the grievance is not settled in step 1, the employee, no later than five (5) work days after receipt of the immediate supervisors response to the grievance or when said response is due, whichever is earlier, may file a written appeal to his or her department head. Within five (5) work days after receipt of this appeal, the department head and the employee shall meet to discuss the grievance. The department head shall give his or her written answer within five (5) days of said meeting. Step 3 - Town Manaqer - If the grievance is not resolved at step 2, the grievance, may be presented to the Town Manager within five (5) work days after the response from the department head, or when said response is due, whichever is earlier. The Town Manager or his or her designee shall meet with the employee within ten (10) work days of the presentation of the grievance at step 3. The Town Manager or his or her designee, shall give his or her written answer to the grievance within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. (C) Written Presentation - Ail grievances presented at any step of the grievance procedure set forth in section 2: "Definitions" of this bylaw shall specify: The facts giving rise to the grievance; the provision(s) of the bylaw, if any, alleged to have been violated; and the remedy sought. Ail grievances shall be signed and dated by the shall serve more than one probationary period during one tenure of employment. (B) - (1): The Department Head must provide a permanent employee(i.e, non-probationary) with written notification of any contemplated dismissal for good and sufficient cause and the specific reasons (i.e., charges against the employee) for said action. Within forty-eight hours after receipt of said notice, a permanent employee may submit, in writing, a request to discuss this action with the Department Head. The Department Head will promptly schedule a hearing with said employee within ten days. Department Head or his or her designee will preside at this hearing. At this pre-termination hearing, the permanent employee or his or her attorney will have the opportunity to present reasons why the Town should not discharge said employee. Within ten days after the hearing, the Department Head will notify said employee, in writing, of his or her recommendation to the Town Manager. (B) - (2): Upon receipt of the Department Head's recommendation, the permanent employee has five days to request a full evidentiary hearing before the Town Manager. The Town Manager may designate a hearing officer to preside at this hearing. The hearing must be scheduled within thirty-days of receipt of said request unless otherwise agreed by the parties. At the hearing, the Town must present the reasons why said employee is being considered for termination. Whenever possible, this evidence should be provided through witness testimony. After the Town presents its evidence, the permanent employee or his or her attorney may question the Town's witnesses or present relevant evidence that supports his or her position. After the hearing, the Town Manager will notify said employee, in writing, of his or her decision within fifteen days. The Town Manager's decision is final and the discharged employee has no rights to appeal. NOTE: A civil service employee's entitlement to a hearing is defined by Chapter 31, Section 41 of the General Laws. A civil service employee has no right to a hearing under this section of the by-laws. SECTION 6. LAYOFF/REINSTATEMENT (A) In the case of a layoff, employees will be given two weeks' prior written notice. (B) If an employee is reinstated within one year of his/her lay off, the employee will retain his/her number of years service at the time of layoff. All benefits including retirement will resume accrual at the time of reinstatement. However, in no case will the employee receive credit for the period of the lay.off. aggrieved employee. Ail written answers submitted by the Town shall be signed and dated by the appropriate Town Official. (D) Time Limitations - No grievance shall be accepted by the Tow~ unless it is submitted or appealed within the time limits set forth in this article of the bylaw. If the grievance is not timely submitted at step 1 or step 2, it shall be deemed waived. If the grievance is not timely appealed to step 3, it shall be deemed to have been settled mn accordance with the Town's step 2 answer. If the Town fails to answer within the time limit set forth in section 2: "Definitions" of this bylaw, the grievant should proceed to the next step as if the grievance was denied. SECTION 8. COMPENSATION PLAN (A) The compensation plan shall consist of Schedules B-1 through E in Section 10: "Position Classes" (B) No department head shall fix the salary of any employee in a position so classified except in accordance with the compensation plan. (C) No person shall be appointed, employed or paid as an employee in any position subject to the provisions of the classification plan under any title other than those appearing in schedule A of Section 10: "Position Classes" (D) An employee in continuous full-time or part-time employment shall be eligible to receive the increment between his or her present rate and the next higher step rate as follows: (i) After completion of six months at the minimum entrance rate. (2) Thereafter one year from the date of his or her previous increase until he or she attains the maximum rate of the range the compensation grade to which his or her position class is assigned. (3) The increase in rate which this increment represents must be recommended by the employee's department head and approved by the Town Manager. (4) The increase shall be based on performance of the employee during the preceding six-month or twelve- month period and not solely on length of service. (E) An employee in continuous part-time employment shall be eligible to receive the increment between his or her present rate and the next higher step rate at such time as recommended by his or her department head and approved by the Town Manager, not earlier than following the completion of six months at his or her entrance rate and not earlier than following the completion of one year at any higher rate. (F) Any employee occupying a position in the classification plan who is not recommended to receive the increment specified in sub-sections (D) or (E) shall have the right to appeal to the Town Manager. (i) Upon receipt of such appeal the Town Manager may initiate and approve the increment without the recommendation of the department head after hearing both the employee and the department head or may deny the appeal. (2) In the event of the Town Manager's denial of the appeal, the employee involved may appeal to the Town for a final decision at a subsequent Town Meeting in a special article in the Town Warrant. (G) A new full-time employee denied an increment after six month's continuous employment shall be considered again for such increment following completion of an additional six months' continuous employment. (H) An employee receiving a promotion to a vacant position or to a new position as defined in Section 4 (C): "Classification Plan" shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the vacant or new position next above his or her existing rate. If the resulting adjustment does not equal $100.00 for a position class assigned to Schedule B-1 or $.05 for a position class assigned to Schedule D, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position. (I) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive the next increment of his or her compensation grade effective following completion of six months at the rate resulting from the promotion. (J) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a department head, supported evidence in writing of special reasons and exceptional circumstances satisfactory to the Town Manager and such other variance in the classification and compensation plans as he or she may deem necessary for the proper functioning of the service of the Town. 9 (K) The Town Manager may assign a new class tentatively to a compensation grade or reassign an existing class to a different compensation grade, subject to the subsequent ratification of its action by formal amendment of the plans by vote of the Town at a Town Meeting. (L) Each head of a department to which is assigned an employee occupying a position in the classification plan shall include in his or her estimates required by the provision of Section 59 of Chapter 41 of the General Laws a pay adjustmenz section setting forth in detail the amounts which will be required for anticipated pay adjustments during the ensuing year and shall furnish a copy thereof to the Town Manager. (M) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 9. AMRN-DMENT OF THE PLANS After consultation with the Board of Selectmen, the Town Manager shall from time to time propose, and the town meeting may adopt, with or without amendment, personnel by-laws and rules relating to all town positions listed in the Personnel By-Law. Such By-Laws shall provide for: (A) The classification of positions, based on duties, responsibilities and authority of each position, with adequate provision for reclassification of any position whenever warranted by changed-circumstances. (B) Salary and pay plan for all positions (C) Methods of determining the merit candidates for appointment and promotion and fitness of (D) Policies and procedures regulating reduction in force and removal of employees. (E) Hours of work, attendance regulations and provision for sick, vacation, military, and other leave. (F) Policies and procedures governing persons holding provisional appointments. (G) Policies and procedures governing relationships with employee organizations (H) Policies regarding in-service training programs. (I) Grievance procedures for the hearing of grievances 10 (J) Such other practices and procedures as may be necessary for the administration of the personnel system. SECTION 10. POSITION CLASSES: SALARY, WAGE AND MISCELLANEOUS COMPENSATION SCHEDULES. The following schedules, together with class specifications previously incorporated by reference, constitute the classification and compensation plans of the Town as defined in Section 2: "Definitions". SCHEDULE A - Classification of Positions by Division and Compensation Grades/Schedule SCHEDULE B-1 & B-2 - General Annual Salary Schedule. SCHEDULE C - Non-union Police SCHEDULE D - Non-union Fire SCHEDULE E - Miscellaneous Compensation Schedule for Part-time Positions. SCHEDUI,R- A - CLASSIFICATION OF POSITIONS COMPENSATION GRADE/SCHEDULE BY DIVISION AND DIVISION/GRADE COMPENSATION/OR SCHEDULE General Government Town Manager Town Accountant Junior Accountant Administrative Assistant to the Town Manager Administrative Secretary to the Town Manager Personnel Assistant Appt. S-15 S-14 S-7 S-14 Administrative and Finance Finance Director Assistant Finance Director Assistant Treasurer Town Assessor Field Appraiser/Assistant Assessor Board of AsseSsors - Chairman Board of Assessors - Part-Time Town Clerk Registrar of Voters - Town Clerk Registrar of Voters - Part-Time Public Safety Fire Chief Deputy Fire Chief Appt. S-20 S-14 S-21 S-15 Misc. Misc. Appt. Misc. Misc. Appt . F-Dep 11 Police Chief Police Lieutenant Executive Officer Community Service Officer Dispatchers Dispatch Supervisor Police Matron Police Reservists School Crossing Guards - Part-Time Civil Defense Director Part-Time Public Works Director of Public Works Assistant Director of Public Works Operations Supervisor Staff Engineer Vehicle Maintenance Dept Head (Combined) Water Treatment Plant Superintendent Asst. Water Treatment Plant Superintendent Municipal Summer Employees Bathing Beach Lifeguards Bathing Beach Supervisor Planning and Community Development Director of Planning & Community Development Conservation Administrator Environmental Planner Town Planner Inspector of Buildings Assistant Building Inspector - Part-Time Assistant Inspectors - Building Dept Part-Time Gas Inspector/Plumbing Inspector Part-Time Electrical Inspector - Part-Time Sealer of Weights and Measures Animal Inspector Part-Time Human Services Public Health Administrator Food Sanitation Inspector Public Health Physician Part-Time Board of Health - Part-Time Sanitary Health Inspector Public Health Nurse Director of Senior Citizen's Programs Youth Service Director Youth Service Worker Library Director Assistant Library Director Veterans' Grave Officer Appt. P-Lt.CO SP Disp Disp-Supv Misc. Misc. Misc. Misc. Appt. S-22 S-21 S-20 S-13 S-21 S-20 Misc. Misc. Misc. Appt. S-17 S-15 S-19 S-21 S-16 Misc. Misc. Misc. Misc. Misc. S-20 S-17 Misc. Misc. S-19 Misc. S-21 Appt. S-9 S-21 S-18 Misc. 12 SCHEDULE B- 1 Compensation Grade S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-Ii S-12 S-13 - COMPENSATION PLAN (As Amended 5/93) Min II III IV MAX 9 9 9 10 10 10 11 12 12 13 8.74 9.01 9.40 9 81 10 18 10 64 11 10 11 59 12 08 12 60 11 9 40 35 9 67 73 10 09 15 10 53 59 10 93 84 11 41 5i 11 89 00 12 42 51 12 96 06 13 54 9.73 10 00 10 40 10 93 11 34 11 80 12 33 12 86 13 43 14 03 10 06 10 35 10 78 11 23 11 70 12 20 12 74 13 29 13 88 14 50 SCHEDI/LE B-2 - COMPENSATION PLAN (As Amended 5/93) S-14 24,787 25,723 26,657 S-15 25,871 26,844 27,819 S-16 27,031 28,042 29,091 S-17 28,492 29,573 30,662 S-18 30,031 31,189 32,345 S-19 31,635 32,866 34,106 S-20 33,354 34,668 35,983 S-21 39,388 40,586 42,157 S-22 45,689 47,080 48,903 S~DUI,R C - PUBLIC SAFETY (NON-UNION EMPLOYEES) S-P 9.04 9.28 9.65 PS-DISP 9.48 9.81 10.17 PS-DISP. SUPV. 11.69 12.10 12.54 P.Lt.- EO 27,599 28,566 28,832 29,845 30,141 31,189 31,772 32,866 33,485 34,668 35,347 36,577 37,291 38,597 43,537 44,922 50,503 52,111 (As Amended 5/93) 10.00 10.32 10.57 10.85 12.99 13.42 46,307.00/yr 13 SCHEDULE E - MISC. COMPENSATION SCHEDUI.F. FOR PART TIME POSITIONS CLASS TITLE COMPENSATION Animal Inspector Assistant Building Inspector - Part-Time Civil Defense Director Gas Inspector/Plumbing Inspector Library Page Lifeguard Bathing Beach Attendant Municipal Summer Employees Police Matron Public Health Physician Public Health Nurse Board of Health Registrar of Voters Registrar of Voters-Town Clerk Reserve Patrolman School Crossing Guard Sealer of Weights and Measures Supervisor-Bathing Beach Electrical Inspector Veterans Grave Officer Board of Assessors - Chairman Board of Assessors Assistant Inspectors - Building Dept - Part-Time $11 $ 89.86/MONTH $ 13.33/HOUR $ 40.77/WEEK $11.42/PER/INSP MIN-4.35/II-4.62/III-4.90 $ 334.71/WEEK W-1 MIN. LESS $0.25/HOUR $ 9.91/HOUR $1,200.00 $20 00 $700 00 $ 720 $ 8oo $9 $7 $ 215 $ 425 $ 459 $ 400 $ 4, ooo $ 3,000 /YEAR /HOUR /YEAR 08/YEAR 12/YEAR 91/HOUR 09/HOUR 63/MONTH 42/WEEK 79/WEEK 00/YEAR 00/YEAR 00/YEAR 42/PER INSP SECTION 11. INITIAL APPLICATION OF THE COMPENSATION PLAN (A) Any amendment of this By-Law providing for a change in salary and wage rates shall take effect, if adopted at the Annual Town Meeting, in the following July 1, and if adopted at a Special Town Meeting shall take effect on the first day of the month next following such meeting. (B) The rate of each employee occupying a position, the compensation of which is provided for in Schedule B-i, B-2, or C, of Section 10: "Position Classes", shall be adjusted to the step-rate in the range of compensation grade to which his or her position has been allocated next above his or her existing rate. (C) If the adjustment so determined in the case of a full-time employee is less than $i00 for the ensuing 12 months, the employee's rate shall be moved to the second step above the existing rate but within the salary range for the position as set forth in Section 10: "Position Classes". (D) The rate of each employee occupying a position, the compensation of which is provided for in Schedule C of Section 10: .'Position Classes" shall be adjusted to the rate for his or her position class as set forth in this. 14 (E) If an employee's rate at the time of the adoption of this Bylaw is in excess of the maximum rate set forth in his or her appropriate compensation grade in Schedule B-1 or B-2 or is in excess of the rate set forth for his or her position class in Schedule C of Section 10: "Position Classes", this rate shall not be reduced but shall become a personal rate only to said employee as defined in Section 2: "Definitions". (F) The adjustments provided for in this section shall be subject to the availability of appropriated funds. SECTION 12. FRINGE BENEFITS AND WORKING CONDITIONS. Pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws, certain fringe benefits as set forth subsequent sections of this Bylaw are hereby granted to employees occupying positions in the classification plan. The fringe benefits are considered to be a part of the compensation plan and the monetary value hereof shall be extended to eligible employees in addition to rates set forth in the appropriate salary or wage schedule. Part-time employees who work less than 20 hours per week do not receive fringe benefits. SECTION 13. LONGEVITY INCREMENTS (A) An employee of the Town who has been in continuous full- time employment in a position subject to the Classification and Compensation plans shall be paid, in addition to the compensation received under the present Plan annual increments determined as follows: LENGTH OF SERVICE AMOUNT Over 5 but not over 10 years Over 10 but not over 15 years Over 15 but not over 20 years Over 20 but not over 25 years Over 25 years 300.00 650.00 700.00 750.00 8oo.oo (B) An employee will become eligible for longevity increments on the 5th, the 10th, 15th, 20th, and 25th anniversary date of his or her employment: and the amount of increment to which he or she is entitled for the then current fiscal year will be determined by paying, in two payments, (one in December and one in June), the highest amount relative to the employee's anniversary date for that half of the then fiscal year. (C) An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such 15 compensation if reemployed until a new five year period of continuous full-time employment has been served. (D) If the service of an employee is interrupted by lay-off, military service, or other reason not resulting from the employee's own action, total service will be considered as continuous service. (E) Upon termination or retirement of an employee, the total longevity payment shall be a prorated amount related to that half of the then fiscal year in which their employment is terminated. This prorated amount shall be computed by multiplying the number of days served in that half of the then fiscal year by the per day longevity dollar amount for a full half year at the appropriate rate. SECTION 14. UNIFORM ALLOWANCE A yearly allowance equal to the maximum annual allowance as noted in the North Andover Police Association contractural agreement shall be granted to the Police Chief for uniform allowance and such standard departmental equipment as needed. A yearly allowance equal to the maximum annual allowance as noted in the Local 2035, International Association of Fire Fighters contractual agreement shall be granted to the Fire Chief and Deputy Chief for uniform allowance and such standard equipment as needed. Ail uniforms shall be purchased at a store or stores as authorized in the respective contractual agreements. In the event of a new employee in the job classifications mentioned above, the Town will provide reimbursement for the first uniform. Any exception to this policy needs the approval in writing from the Town Manager. SECTION 15. WORKWEEK The work week for full-time employment in each occupational group shall be as follows: GROUP Salaried Employees Clerical Group Custodial Group WORKWEEK As required 37 1/2 hours As required Public Safety Group/Non-Union Police 40 Hours Fire 40 Hours 16 SECTION 16. OVERTIME COMPENSATION (A) Clerical Group. An employee shall be paid at time and one half the hourly rate set forth in section B-1 which corresponds to his or her step rate designation in Schedule B-1 for hours worked in excess of those constituting his or her work week as set forth in Section 15: "Work Week" or compensating time off at time and one- half. (37.5 hours) (B) Public Safety Group. (1) An hourly rated employee of the Police Department shall be paid at time and one half per hour for hours worked or compensating time off at time and~one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week" (40 hours). (2) An hourly rated employee of the Fire Department shall be paid at time and one half per hour for hours worked or compensating time off at time and one half in excess of those constituting his or her work week as set forth in Section 15: "Work Week" (40 hours). SECTION 17. PAID HOLIDAYS (A) The following days shall be recognized as legal holidays on which days employees shall be excused from all duty not required to maintain essential Town services: New Year's Day Martin Luther King Day Presidents' Day Patriots' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day (B) Ail full time and permanent part-time employees (one who works an average of at least 20 hours a week) shall be entitled to holiday pay for the designated holidays. An employee who is absent without authorization, on his or her regularly scheduled working shift before or after the holiday shall not be eligible for holiday pay. (C) Eligible employees shall be paid as follows: Hourly employees shall receive regular rate of pay based upon number of hours regularly scheduled for the day on which the designated holiday occurs. o Eligible employees paid on a weekly, semi- monthly, monthly or annual basis will be entitled to designated holiday without loss of pay. 17 (D) Eligible employees will receive an additional day off Or payment in lieu of one day under the following conditions: Performs work on holiday if reqUired to maintain essential Town services. 2. Regular day off falls on holiday. 3. Vacation day falls on holiday. Rotation of shift causes working different days in successive weeks which could result in working on holiday. o Continuous Part-time employees whose scheduled day off falls on a holiday will receive the average of the normal hours worked in a week. (Example: Employee works 20 hours in a normal 3 day week, holiday pay is 20 divided by 3 = 6 and 2/3rds hours). SECTION 18. VACATION LEAVE (A) A full time employee or a continuous part-time employee shall be granted vacations with pay on the following terms: ONE YEAR OF SERVICE FIVE YEARS OF SERVICE TEN YEARS OF SERVICE * TWENTY YEARS OF SERVICE TWO WEEKS THREE WEEKS FOUR WEEKS FIVE WEEKS An employee, after six 6) months of continuous service, may request one week of his or her vacation in advance. (B) Employees will receive their full vacation entitlement as provided by this section, on the first of the month in which their anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in any anniversary year will be based on the number of months of active service during the preceding twelve (12) months. (C) An employee shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the normal work week. (D) Absences on account of sickness in excess' of that authorized under the rules therefore or for personal reasons as provided for under other leave may, at the discretion of the department head, be charged to vacation leave. 18 (E) Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death but which has not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his or her separation from payroll. (F) Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by his or her department head. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. (G) Employees called upon to serve during a State or National emergency will have vacation time accrued as mandated by Federal and State laws. (H) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in.excess of four (4) Weeks at any time. Notwithstanding the foregoing restriction on vacation accumulation, an employee in continuous service for ten (10) or more years and eligible for four (4) weeks vacation shall be permitted to carry over one (1) week to the next anniversary year for an accumulation of five (5) weeks. Vacation shall be granted by the head of the respective department of the Town at such time as in his or her opinion will cause the least interference with the performance of the regular work of the Town. (I) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal, or by retirement, or by entrance into the armed forces, or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted, nor used, in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll, but no such payment shall be made to those persons on injury leave who have not been separated from the payroll. SECTION 19. SICK LEAVE (A) A full time employee or a continuous part-time employee who has completed six months of service shall be allowed six days leave with pay and thereafter shall be allowed leave of one and one-quarter days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. 19 (B) An employee shall be credited with the unused portion of leave granted under sub-section (A). (C) If the amount of leave credit provided under sub-section (B) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under sub- section (A). Such application shall be made to the Town Manager which is authorized to grant such additional allowances as he or she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his or her request for the additional allowance. (D) Sick leave must be authorized by the department head and must be reported, on blanks provided for same, to the Town Manager. (E) A physician's certificate of illness, shall be submitted by the employee after three days absence to his or her department head before leave is granted under the provisions of this Section. This certificate shall be forwarded by the department head to the Town Manager. (F) The Town Manager may require medical examination of any employee who reports his or her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (G) Injury, illness or disability self-imposed, or resulting from the use of alcohol or drugs shall not be considered a proper claim for leave under this Section. (H) Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws. (I) Up to four (4) days of accumulated sick leave may be used in any fiscal year for the purpose of an employee caring for a sick spouse or child residing in the employee's household. SECTION 20. WO~'S COMPENSATION If an employee, who has been absent from work and collected sick pay, and has this absence declared eligible for workmen's compensation benefits the following shall take place: (A) Those days paid and charged to sick pay during this absence will be credited back to the employee based upon the difference between the gross pay paid under sick pay benefit and the portion determined to be collected under workmen's compensation. (B) The first check received by the employee from workmen's compensation shall be turned over to the town to reimburse the town 20 for the payments made to date under sick pay benefit and becomes the basis for determining the credits due the employee for sick days. (C) Once it has been determined the amount the employee is to receive under workmen's compensation, the difference between one's regular gross week's pay and the workmen's compensation payment will be paid by the town and be charged against accrued sick days. This difference will continue until the employee exhausts his or her sick pay benefits or until the employee returns to work, whichever comes first. The employee will not accrue sick pay benefits while out on workmen's compensation. SECTION 21. BEREAVEMENT T~AVE Emergency leave up to five (5) working days may be allowed for the death in an employee's immediate family (wife, husband, child, parent of either spouse: up to three (3) days may be allowed for (brother, sister, grandparents, grandchildren, and person in the immediate household). SECTION 22. EDUCATION LEAVE An employee required by the Town to attend conferences, seminars, briefing sessions or their functions of a similar nature intended to improve, maintain or upgrade the employee's certifications, skills, and professional ability shall be granted leave with pay. SECTION 23. EDUCATIONAL REIMBURSEMENT A full time permanent employee, having completed one year of service with the Town, shall be eligible to receive educational reimbursement as follows: (A) Advance approval of Department Head and Director of Division required. However, the Town Manager makes the final decision. (B) Course must be offered outside normal working hours. Hardship cases may be discussed with approving authority in (A). (c) (D) (E) only based upon on a passing grade of C or better. Course contents must be job-related and approved. Course cost must be approved in advance. Educational reimbursement of 100% will be made for tuition 21 (F) Grade and payment certification is required before reimbursement. (G) Employee will be obliged to remain in the Town employment for six months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. SECTION 24. PERSONAL Employees may use up to four (4) days in each fiscal year for personal reasons. These days may be used to extend vacation (or a holiday) with (2) weeks advance notice and advance approval by his or her division Director. Except in cases of emergency, personal days for other reasons requires twenty-four (24) hours advance notice. Unused personal leave cannot be carried over into next fiscal year. SECTION 25. JURY LEAVE An employee required to serve on the Jury and thus having to be absent from regular duty may upon application be paid the difference between the compensation received from jury duty and his or her regular compensation from the town, upon presentation of an affidavit of jury pay granted. SECTION 26. MILITARY LEAVE An employee in full-time employment will be paid the difference between their regular pay and the pay which they receive from State or Federal Government up to a maximum of ten days per year if called into temporary active duty of any unit of the U.S Reserves or the State National Guard. Any benefits due the employee shall accrue according to state or federal statute. SECTION 27. TERMINAL LEAVE An employee whose service is terminated by retirement shall be allowed a portion of his or her accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be'allowed a retiring employee. (A) Twenty-five (25) whole years of continuous full-time service shall be considered 100 % service. (B) An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years provided that in 22 no case shall said leave be measured by more than 75 days accumulated sick leave, or fifteen (15) work weeks, whichever is the lesser. SECTION 28. MATERNITY T.RAVE (A) Every full-time and permanent part.-time employee who has completed the initial probationary period of employment shall be entitled to a leave of absence _without pay or benefits for a period of eight (8) weeks for purposes of giving birth. The employee must provide the Town Manager or designee with at least two (2) weeks notice prior to her expected departure date and indicate her intention to return to work after the leave. (B) An employee who returns to work after a leave for purposes of giving birth of no more than eight (8) weeks shall be restored to the same or a similar position with the same status, pay, and length of service credit. (C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to pregnancy or childbirth under the same terms and conditions which apply to other temporary medical disabilities. SECTION 29. UNPAID LEAVE OF ABSENCE (A) The Town Manager or his designee may in his discretion grant an employee's request for a leave of absence without pay for medical or other good and sufficient reasons. Such a leave shall, if granted, generally not exceed twelve (12) months. (B) An employee seeking a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested, and how long a leave the employee is requesting. Such written request shall, except in case of emergency, be submitted to the Town Manager at least four (4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have discretion as to whether to approve a request for a leave of absence, and as to the duration of any leave approved. (C) An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than a leave for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefit but can continue group health insurance coverage by paying the full premium cost in advance on a monthly basis. (D) An employee returning to work after an approved leave of absence will be place at that step of the salary schedule at which he was being paid prior to said leave of absence. 23 SECTION 30. PHYSICAL EXAMINATION Before appointment to a position in the classification plan requiring continuous employment a candidate shall have passed a physical examination satisfactory to the Town Manager. The examining physician should be appointed by the Town Manager and the examination shall be at the expense of the Town. The examining physician shall advise the Town Manager as to whether or not, in his or her opinion, the applicant is physically qualified to perform the duties of the position for which application has been made. SECTION 31. CIVIL SERVICE LAW Nothing in this bylaw shall be construed to conflict with Chapter 31 of the General Laws. SECTION 32. EFFECT OF PARTIAL INVALIDITY The invalidity of any section of this invalidate any other section or provision thereof. by-law shall not SECTION 33. ADDITIONAL POSITIONS Additional positions may be created with the approval of the Town Manager. If such an additional position is needed in the fiscal year following initial approval of said position by the Town Manager, said position shall be included as an amendment to the Personnel Bylaw for a vote of the Town at either the next regular or special Town Meeting, in accordance with the provision of Section 9: "Amendment of the Plans" of the Personnel Bylaw. 24 ARTICLE 27. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to amend the Town of North Andover Personnel Bylaw, as previously adopted at the May, 1992, Annual Town Meeting, as follows: By deleting Schedule B-1 following: Compensation Plan and adding the SCHED~E B-1 - COMPENSATION PLAN Compensation Grade Min II III' IV MAX S-5 S-6 S-7 S-8 S-9 S-10 S-II S-12 S-13 8.74 9 01 9 4O 9 10 10 11 11 12 12 81 18 64~ 10 59 O8 6O 9.11 9.35 9 73 10 15 10 59 10 84 11 51 12 00 12 51 13 06 9 4O 9 67 10 09 10 53 10 11 11 12 12 13 93 41 89 42 96 54 9 73 10 00 10 40 10 93 11 34 11 80 12 33 12 86 13 43 14 03 10 O6 10 35 10 78 11 23 11 70 12 20 12 74 13 29 13 88 14 50 By deleting Schedule B-2 - Compensation Plan and adding the following: SCHEDULE B-2 - COMPENSATION PLAN S-t4 24,787 S-t5 25,871 S-16 27,031 S-17 28,492 S-18 30,031 S-19 31,635 S-20 33,354 S-21 39,388 S-22 45,689 25,723 26 844 28 042 29 573 31 189 32 866 34 668 40 586 47,080 26,657 27,819 29,091 30,662 32,345 34,106 35,983 42,157 48,903 27 599 28 832 30 141 31 772 33 485 35 347 37 291 43 537 48,914 28,566 29,845 31,189 32,866 34,668 36,577 38,597 44,922 52,111 By deleting Schedule C, Police Employees and Schedule D, Fire Employees) and adding the following: Department Department (Non-Union (Non-Union SCHEDULE C - PUBLIC SAFETY (NON-UNION EMPLOYEES) S-P 9.04 PS-DISP 9.48 PS-DISP. SUPV. 11.69 P-LT. EO (Annually) 9.28 9.65 10.00 10.32 .9.81 10.17 10.57 10.85 12.10 12.54 12.99 13.42 46,307 32 o o By adding the following position classification and compensation ~rade to Schedule A ,,Classification of Position by Division a~d Compensation Grade Schedule" Public Safety Police Lieutenan5 Executive Officer p Lt. EO Public Works Assistant Director of Public Works Operations Supervisor Staff Engineer S-22 S-21 S-20 Human Services Youth Service Worker Public Health Nurse By deleting the following positions S-9 Misc. classification compensation grade from Schedule A ,,Classification Positions by Division and Compensation Grade Schedule. Public Works Director of Engineering and Administration Superintendent of Highways, Utilities, Operations Assistant Superintendent of Highways Utilities, Operanions Superintendent of Public Works To add to Schedule E - Misc. Compensation (Part-Time) the following: Public Health Nurse S-21 S-22 S-20 S-20 $ 20/hour Board of Selectmen Board of Selectmen Recon%mendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motiog MOVE to adopt this article, as printed in the warrant. 33 and of ARTICLE 6. FISCAL YEAR 1993 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1993 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 Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 93 18:11' 9617 346 1(127 FLEET SECURITIES and 1.o complete our examination we shall neeg the following palm:ri: 1. A certified copy of the return of service for the 1992 annual town meeting showing how and when notice of the meeting '*'as given. 2. A full newspaper page, or a clipping attached m a publisher's affidavit, showing publication of the warrant. ~ (~ Certifieg extracts from the minutes of the 1992 annual town meeting showing: (a) the time and place at which each session convened, up to and including the session at which the bonds were authorized (the extract should show the d, te of the session at which ~ch of the bond authoriZations was votert); (b) the votes adjourning each prior session; and (c) the presence of a quorum at the sessions at which the bonds were authorized. 4. A certificate of the town clerk indicating the number of registered voters of the town as of the date on which the bonds were authorize- }ore, emi A letter from an appropriate town official describing the Iibrary proje, t in m I so that we may determine the appropriate statutory borrowing authority. In particular we shall need to know the proposeg allocation of the appropriation, including the amount-q attributable ro new construction, to remodeling of the existing st,mature and m acquisition of additional equipment. ~ (~ A debt .qtatement in the enclosed form dated az of May 4, !992. ( ~.~ A certifi~ copy of the vo~e of the State Board of rr. xlucation approving the sch'~il ~roject under Chapter 645 of the Acrs of 1948 aS amendS. We assume that the vote will include a no impact finding under G.L.c.30, §61. 8/~ If the amount of borrowing for the school project will exceed the esfi grant under Chapter ~$, a certified copy of the vote of the ~mergency Finance Board approving the loan, accompanied by the usual certificate showing compliance with the open mee'dng law. We assume that the approval will include a no impact finding under G.L.c.30. §61. ~. (~. For the r~rojec~ voted under Article t ?ems 1, i0, 13, 14, 17, a.nd 19) which are to be iinanc~ under G.L.c.t4, §7(3A), th,. projects voted under Article 8 kerns 28 and 29) which ,.re ro be financed under G.L.c.¢4, §8(~.A), and the portion of the library.' project voted under Article i 1 which is to be financed under G.L. ~ §7(3A), certified copies of the votes of the Emergency Finance Board approving the borrowings and fixing their maximum rems. The votes should be accompanied by the usual certificate showing compliance with the open mezthng law. We assume mat each vote will include a no impact finding under G.L. ¢.30, §61. KAREN H.P. NELSON D/rector BUILDING CONSERVATION HEALTH PLANNING Town of NORTH ANDOVER DIVISION OF PLANNING & COMMUNITY DEVELOPMENT 120 Main Street, 01845 (508) 682-6483 MEMO~UN TO: Executive Office of Community & Development Department of Community Affairs Merrimack Valley Planning Commission Lawrence Planning Board Methuen Planning Board Haverhill Planning Board Andover Planning Board North Reading Planning Board Middleton Planning Board Boxford Planning Board FROM: DATE: SUBJECT: vathleen .]~adle_y, Town Planner April 5, 1993 % Notice of Public Hearings for Annual Town Meeting May 3, 1993 Pursuant to the requirements contained in M.G.L., Chapter 40A, Section 5, please find the attached legal notices of the Warrant Articles to be presented during the Annual Town Meeting, May 3, 1993. These articles pertain to the Town of North Andover Zoning Bylaw. If you have any questions regarding the proposed articles to the Zoning Bylaw, please contact the Planning Board Office at (508)682-6483, ext. 24. attachment cc: Daniel Long, Town Clerk TOWN OF ' ' NORTH ANDOVER "~' 'DIVISION OF PLANNING & COMMUNITY DEVELOPMENT ~*r~ Legal Notice :it March 30, 1993 Notice is hereby givep that the North Andov*er Planning Board will hold.~ public hearing on April 2~0, 1993 at 8:00'p.m. in the Senior Center behind the Town Building, pursuant to the provisions of M.G.L. Chapter 40A,. Section 5, ~o amend the North Andov~r Zoning Map of the Town,f- North Andover by rezoning a parce~ of land located at 1070 Osgood Street, shown as Lot #47 on Assesors Map #35, containing 2.;I.6 acres (Also see Deed Book 1577 Pages 216-219), fror~ Industrial-2 to Business;2 Zone. Petition of Richard ~. Augeri & Others. Completb text is available at the Office of the Town Clerk and Plar~ ning Board 8:30 a.m.-4:30 p.m. ? E-T-- April 5, 12, 1993 - Page 26 Nmlh Andover cation March 31.1993 k~r:quffy lb Chodan D. Bullock, 177 Want Bare Hill Rd., dived. MA 01451; Summ A. Ihdiook, 177 Woof Id Rokf Ad d 1MO. as an~mded: Whereon, HIk:o Realty Corp., 1000 Elm S~., bmche*~r, NH 0~I01 rimming TO ho tho holder of a nongap (too Aulgnmni ntc~ded at BO(A 2620, )age 257) covedng red prapeffy sllumod In North i~ 148.1S0.tS~ fiain 8kant, Noflh Andover, daseIchuantts. Essex County end more folly laanfil~d In eaJd moflgage given by Chodfl O. Juffod~ etd BOim~ A' Bulock to MMchanto Nationef lank of MW dasd Deoember 12. IW and Book 2556. Pa0e 30. hso lbd with adld soufl a Mf In IKluffy Io~ Iothofity to IM~inu uald modpe0~ by Jay md pomm~on and axe,cites of a power of Me: MBont' Cid Rokl Act of 1MO, as mended, and you ubJod to luch bm:lusu~ of old mortgage, you or Vonr 8~omly should lb a w~ion q:q2earamce and inlwnf kl old Coat fi 8elba, In ~ County of Emas, on M hobm IJu ~ dly of Apd 108~ dl'~h dly k I~e iMren day d this tubp(w~ or you IImy I~ forever bMM from dalmkg luCh fofanlosuro le Jul~ce of w gu[Mior Coml, tho lthh dwd of Marok In tho yanr of our Loot goo thousand nloo hundrod NAC: 2~JIm March 22,1003 Mom'GAGEE~ gALE OF RF. AL ESTATE COMMONWEAL'IH OF ~ By vklua and In exsout~ of tho P.~.ol ~sela coo- rained In a cen~ln mortgage given oy mvM I~fehatto god ~ M. filrchntto to University Bamk. ILA. daled Sap~omber 21, 1080 and r~ord- ed wlh Emmx County (Norman 04strict) Rogkmy of Do(Kak at BOOk 3000. Pa0~ 45 of which moflgage the underai0nod ie the prmnt holclar for brom:h of tim conditions of smd moftga0e, and for tho per- pon of Io~ h same wil be Kid at POblio Auction on tho montaged pfembiee horofnaltor clancdl~d nsmely 96-101 EdgMiwn Awnue, Unit llgEL-~,, Heritage Grann Cwndomlnium, North Andover, filanoohulolto, Essex County. CommonwceJth of MmKhueotto. on April 22. 1993 at 10:00 AM all and singular premises de~.dhod h ~ moflga0s an lblk)we: Condominium Unit No. 9gEL-2. gl that certain Condominium known ao Heritage Condominium. sitoatod at 99-101 Edgelawn Avenue. Rorth Andovof. Essex County. Maneanhusatts. oroatnd by MastOT Deed dated August 15.1986. recorded with Ecoex North Oktrict Registry of Deeds on August 18. 1966. at Book 2273. Ph0~ gQ. together with the pefooolaOe thtar- anl in the common aroad amd im.-41itian oi said Condominium N:penalnlng to smd Unit M Ixovld- ed IM In smd ldamr Dned, m emended. Em~umtxamco~: Such Ilate gl Iso~ so diictosed on plan entlttod 'SIlo Plato lot Heritage Green Condominium In N(mh Ar]doveS MA; deled June 4.1086 by Aloe & · WalththeMsolarOsod.' ~ '"'~ '~M TO ~ dgh~ d 1he publlg and othem antlttod d~wto In amd to these portions gl the Insured pmml#s lying within the bounds of Chicksrlng ~ also known an Route 125. MMeachusetto Moue (ionean'y known no Ab Line Road). Wood Lame. Famwond Avenue. Edgolawn Avenue and FMnviiw Menus. sod amy oiler odjacent ~* md ways. Rlghto and smsments eat forth In grant by Mary O*B~n te the Commonwealth of. M~chusetts .. llaifdJuno6.1931aedmoonJed with seid D~de kl BOCk 6~0. Psg~ 117. I~ ~memanto. covenants amd agreements set · / lonh In grant by Roy R. Fluf to Town of North ... * AMovef deled October 19. 1084 and recorded Miff Mid [isede In BOOk 1021. Pa0e 72. ~ Ired essemenl~ #t fodh in grent by Roy FL Flff to Lmvrsnne G~m Compuny. dutod May 11. IM6. iM moo,h4 with Mid Dand~ In BOOk 1035. ~ wM so,monte ~M toflh In Gramt of Water ~ Ea~msola from Roy FL Far to Town of ~* Nedh Andovet dated July 1. 1668. and ro~ord~d Igt atkl DMde fn Book 1109. Page 194. · ' Rf~ end veMmer~ sot forth in Ofa~ of D. rM~_ng~ ~' idbtmapEmemsoio fram Roy FL Fain.to iow.~n dN0~ A~over. dated July 1.1908. receman wnn ~ Ind pmvldone of nondillonol or Imlted vari- fy0 e ~ poneit iadued to Roy FL Fen. Doris L Fad and Edna Fen by North ~xtovar Scaed el ~ffedL dated August ~5,1962. Nctk~e ni which is P dlalAugu~t ~, 109~ amd reoordnd with ~ DNdhBO~k gte, Pa0e SOO. bse and I~OVleions of condition or limited Ire If N)edd permit issued to Roy R. F~r by IWO~ Andow BQmd of Appeals, dated May 31, .f INL Deddon or Cm No. 4-1 08), Notice of which II dlNKI May 31, 1668 and feoofdod with sold comtoJonai or itmlnd wi. to Roy R. Parr by deled Novemhor iNS, hollM of which is dated Novemhor 12. with mild Doom In Book 10S4, Ired IzoViiione of conditional or lasted vatS. If q2~d permit Issued to Roy R. Fm~ by ni AppeoJe dated March 10, )1 which is clmed Mary 10, 1068, and ~ ~ Doodl In Book 1057. Pngo ,I nonditions sotGd31ished by Scard ad sot ladh on w#h e~d Deeds as Plan No. 5~73. wll be sold subJec~ to any and aa IiiOllmtntl, bellllmlntl and LEGAL NOllCE COMMONWEAL1H OF ~ LAND COURT DEPARTMERT OF THE 1RIAL COURT (sr~J.) Coos N(~ bd to tho benefit of the Boldiom' and Salem' Clvi Relld Ad of 1040 ad amamJM: Richard K. Bondatoon ~ Androw P. Bondatson. Tfustone of The New Essex Norm [~eulct I:~l~ of Dnu~ In I~k ~U~. P~e ~ Maiming TO be ~ho holder gl a mortgage novedng reel prop~ty In Nodh Andover. Essex County. Known and numbomd as Conciombium Unil Bondatson. Tru~ of The New Herlla~ Teat. dated Hovemhor 27. 1081 and mcurdad with E~adx No~h ~ Rngis~ of Dsod~ in Book 33~5. Page 33~. ha, fled wllh mkl coud a eomldaiol lot aulhorily by onW end peesocoton and anarcise of power of ff you mo entitled to I1~ bemdh of the Scldlm' yoU object to such foreclosure you or your altomey nourt at 9ooton on of before tho 19th day of 1083. ar you may be fomve~ benod h~m dale/nm thor m~ch foreclosure ii Inmlki under ~id ecl laid Court thai ~h d~ of J~ 1008. Chof~ W. Tmm~y, LEOAL NO11CE Notice le hereby given that tho North Andover P~nJng Board wal hoJd · p~l~lc hear~ on ,~JI 13. 1903 at 8:00 p.m. at Noflh Andovor High School A/V P. oom, pureuaM to Iho provisions of M.G.L Chapbir 40A. section S. Io Imend the Ninth Anda~ Zoning Map d tho Town of Nodh Andowt lmm R-2 to 1-1 for the horelmdbif dew lrercel of I~d: Thad portion of Parcel ?S and Perne180 on the cur- rent North Andovar Aoeansef's Map 26 which is Southerly of the pmoord zoning line. BOkl perceii in their entirely are shown to nontaht 31.23 Ti~ porlion of the plm:M that is p~adently zoned can~m ~pproximatdy 0.~5 ac~ve. Tl~ po~ion that ii Southerly of tho pravnnt zoning iln~ ii 0~norally bounded and dan¢flbed according fo laid As~adsore Map aa Iogow~ Eantedy: By land of AR~ Corpet~lon and had of Aihson J. Novelle; Southerly:. By land of Aliioo J. Novelle: Easterly: By land of Alison J. Noveno; Southerly: By land of the Ttualeno of Re~ervalion~ We$tedy: By ~ of the TfuMese o4 ReMivallone; Southerly; By hind of the Tnmtoso of Rssowalione; Wsotedy: By land of the Tm~ooo ni Rosowatk)m; Northerly:. By othar land of Buslnexs Pwk Tru~ ~ land ni WOR Assoclmos Umlted Poflner~hlp. Pathion of the North Andovor Planning Board. Complete tow il avallobis al 1he Office gl tho Town CIMk ~ Pionning Board 6:90 am.. 4:30 p.m. .,df NAC: 3/24 & 3/31/03 -'~-'. MORTGAGEE'SS&II: iX:REAL EeTAI~ ~'" By vldue find in ®xocuden gl tho Power gl Sale contalr~d h a c~nain mortga0o g~n by KolMeon F. Homy to Adingtoo TM Compsoy d~ed May 28, 1987 and wcMdad with the Emx Northere D~rlct RogisW of Deeds in Book 2505. Page 64 which mortgage Ihs unciorol~nad ii the present holder, for I~eaoh of the cunditiof~ of sold men- 0a0e and/of ll~ po~pose of fme(:k~lng, the same will be sold at pubilo auction al 11:00 a m. on Wednesday. the twenty grot (21iQ day of April. 1003. on tho mortllegod promises being 69 Wave~y ROOd. NOdh Andowr. Idssseohuseas. aX and 00/100 (5.0OO.00) Ooil~e In pbice gl the P.O.. Attornoyl fei Federal o Corporation, Scarl Cfsecent Fourth Floor, City Hall Plaz& Boitofl, of tho'lailo Other Corporodoo - Wrooont ImldM of gold mod0e0e evb NlO~ N:)EL6C)N. C~:X.DER & LC)~IA. PC. seam Cre~nt Betiding Fourth Fioar BOARD OF APPEN~ . MOllC~ Mooch lO. 1903 Notice is howby given t~ I~ bd of ~ ~ff ~J I he,fig M f~ bn ~i~. Noflh ~r. ~ ~y ~M~ b l~h ~y ~ ~1 of t~ ~n~ BY ~ ~ m m ~1 a F~ S~ on tho pmm~s, b~d ~ ~ ~ ~. ~rof ~ ~of ~ NAC: 3/24 & 3/31/03 . LEGAL NOTICE Mamh 12. 1993 Nutlne is hereby given that the BO~d of ~peale wig give I hoorlng al th~ Town Building. Noflh Andover. on Tuesday ovenin0 the 13th day of Apdl 1083. at 7:30 o'ck)ek. TO d pmtl~ Inbirseted In ll~ appeal of Rogem Pek BO~ Troal fsquveting a vadmkm of SCc. 9.6. Par& eft) of the Zoning By Law so se to pMmit a roducllon d tho minlmam dis- take fn Buffer Zone of 50' from pevonw~ m' road* wey from any perual boundry within a PJanned Romdamffal f~wolapmW on Ihs pmmML IocMnd at 0808 delgood 8~roM, BY Order of th~ Board el ~F~neole FL4~: 3~24 & 9/31/93 TOWN OF NORIHANDOVER ' CONSERVA1JON COMMBglON PUBLK~ HEARING PURSUANT TO 1TE AU1NORfTY O~ THE WET- LAND8 PROTECTION ACT, MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 45, AS AMENDED, AND THE TOWN OF NORTH NORTH ANDOVER CONSERVATION COMMISSION WiLL HOLD A PUBLIC HEARING ON Wndnooday. Aprg 7, 1~ AT 8:(X) P.M. AT THE SELECTMEN'8 UEETING P,(X)M LOCAIED IN THE TOWN HALL ON THE WETLAND DETERMINATION OF ROk~ LeND LOCATED A1H 10 Laccx~ Ckl. BY: GEOi~E L RFJCH NAC: 3~31/03 LEGAL NOTICE BOARD OF APPEAl,9 NOtiCE Fobreary 24.1093 Notice is hereby given that the Board gl Appea~ will lllve a hearing at the Town Buildinll, North Andover, on Tuesday evening the 13th day el Alii 1083. al 7:30 o'do~. TO al pafline Interested in the appeal of Aloott Village Condominium Tl~ FL Xamso ad a Pa~/Aggrieved iora mviiw of a deciok)n mad~ by tl~ Building Ine~ wg. wdino Ihe pefmlff~l uss of Unit ~ ad am uffhe ontho Ixambco, iocatod ~ ~ Ncolt Wey. By O~er of tho Board of J~sek FraJ~k sedo, Jr.. Chairman NAC: 3/31 & 4/1/99 LEGAL NOTICE NORTH ANDOVER PUBLIC 6ONOOL$ NORTH ANDOVIgl, U~ CrM, n Se,d) REQUEST FOR ARCHITECTURAL DESmN The Town ol N~rth Amlavor. MsoMohuMne soi~mng Wopu-d~ from ~t?~t~ fkmo to periorm and i~ovl~ proinemonau tocturai serviooo asooniated with tho dseigfl development of plmm arKI qmcBcethm8 find cun- ItnJdion admioMrMion sen;k:ne for ~ho re~soe- merit of the fools at tho Atkinson School, 111 phillips Brooks Rood, tho Klltfodge School. 601 Moln SC, ~ho Thomson School, 266 Wavody Road, and tho North Andovef Fiatd Houoo. and elngulM tho promises dasofibod In said Uar10a~e: Two certain par~oto of bind with the bulldin0s thereon eitwded In Bald North Wt. ~ flint p~rcol lo beundod and daeorlhed ae foitowe: Northtw~larly Mxly ioat (60') by Railroad Avamue: northooatoriy olgMy four ~ 44/100 foot (64.44.) by kmd now or form~ of Elizabeth FL McCaphy; soutndusteriy sixty tm) and ~21/100 feet (62.22') by land now or ~me~/of ~ McCmlhy. by the sec- ond parcel herein dancflhod, and eiso by land The North Andove/ School Commllleo now or forme~ owed by John E. Lavln et ,r,: and resewan the dOM TO accept my prolx~al, to reject southwoalorty Mxty seven and 82/100 feet (67.82.) any and all prapo~dl amd TO waive amy kfoneall- by land now or iormedy of soidLavin. Thenonh- ~sinblddlngffitis.,~lhopubilelrdareMtodose. wanrorly amd southwesterly boonds ere parallel with each other end ere of right anglos with ~ Gsorgo I. Blalsdefl Ra~imod Avenue. 11~e second parcel ii hounded and dadcdhod as follows: Southeasterly twelve ~'M tho North Andovar SChOOl uommmoo loot (I 2') mMo or Isol by Fimt Sireat; southwsetorty uvenly thM amd 2e/1OO bt (73.2S') by I .~.~w ~qA~: ~ ioneMty of John E. Lavin et m; northweetamy tho first parcel heroin dancrlbed twelve elm*' 44/100 foot (12.44'); ~ noflhoadtefly sevonly six LEGAL NOTICE March 1.1993 Notic~ b hereby given Ihot tho Board of Appeab will 01ye t hearing at Iho Town Building. North Andow. on Tuanday evening tho 13th clay of ~ 1993. al 7:30 o'dod(, id afl pwtios btat~tod fn fha appeal of FedaM blx~l Iseuneme Cmlmal~ requesting avodallonof Bec 7 Para. 7.1. 7.2 and 73 amd Td2b 2 el tho Zeolng By Law so so to ~r. mi oxktlng ~ TO mmdn In ~ i~ ~ don. size and ~hape comletlng of ~',4'x4,4' or In the a~omadve to med~ the yawings In 1085, PeWon 850-86 on tho premban, lbomed at ~ Autrn AWllUe. By Ordm of the 8germ of Appeain Fr&'lk Serb, Jo. Chokmam NAC: 3/24 & 3/31~3 &YI M/tOO /em (7L~O.) by tend now or lo,mealy (]4 Elizabeth FL MGC&-tby. The nonhem~e~y Iouthwantorly bounds em poraiiol to eooh other amd are at dght amgloo with FI~ 8trod, Being the same Fen~sse conveyed to KatNoon F. Henry, by dead el John P. Scanlon dated November 15. tm3. rKo~ded In the Essex North District Rugii~/el Dooda. Bock 1763, Pa0e 68. ~ jxem~sol wilt ho so~d sub}ed to all m~fic- irons, easomenil. Improwmento. outobifldlng tax iltiig, m~ or IxJ~it~ bixss, Mss~sments, lani or dales In ~e n~AJre el linl. end avia- lng m~umb~amcee of moord, ff them ho amy, Indud- lng without Ilmitatlan, all encumbramcee el re(oM Five Thousand [$5,000.00) Dollars will be required to be paid In cmh or by ssnfftod M honk troadurer'e or ceohior's chock by tho pumhnoar tm tim and pbice ol ~ ad earnest money to bo held at the option of tho mortgagee so Hquidated dernallee for any broach by the ~yer. The baJ. oflce is to be paid th cash or by certified or bank twadur~e M cav~ar'l chock w#hin ionyOivo (45) days toiiowing the seas at the fine of Kayo. Fiakow. Richmond & Rothotoln al 100 Federal Stranl, Boston. McosochuneU8 02110 al which time ~ho f(xacioguro deed ii to ho da#vernal. O~her terms. II any. to be amnuoneed al the isle. Shewmut Bank. N.A. lade Shawmut )Ullngtso Trust Company Successor by Merg~ to A~gngtoo Tn~t Company One Pad,gl Shoat BOSTOn. MA 02211 Setey Jadso. b Pwddenl M. Psmela Egan Anorney for Moflga0oo LEGAL~ MirW ~g, 1008 Notiua la hereby given that the North Andovor Planning Board will hold a put)ftc hearing on Tnonday OWning. AFd 20.1083 at 8:00 p.m. In the Senior Center. hohind tho Town BulMIng, upon the e4~llcetion of 9k~sol fiefl~wid Ubrmy TmoMel. 345 Mnin S~rant, Noflh Andovef. MA, requesting site plan q~provai under Sodion 6.3 of tho Andover Zoning Bylaw. The purpose o! tho Sim Peon is to mvlaw the pq)oadd 10.200 SCl.fl. oddlk)n to the ~ lb'my. 'lho pcemlso oltocted is Ioc~. ed al S4S I~ln SINOf th a Residential-4 Zoning . Diil~cL Plans avallabid In the Planning Board Office. 8,'30 Par OKler el the Chldmmn Om)~g~ Peru& Jr. LEGAL NOTICE Chiokedng Rood. Requem lbr Pq~ (R~) and app~Icallono are wM~ lmm t~ ~ of t~ S~d~ N~: ~4 & ~1~3 of ~o~. 6~ Ch~ari~ ~. ~ ~r. ~ MA.. 01~ ~ 0r ~ar Mar~ ~. 1~3. / ~rime~M M ~b, 6~ C~rl~ R~ ~ ~ Nodh ~dover, M~. 01M5 u~, 11~0 A.M. on Mo~ay, ~1 ~, 19~. ~mh ~ 1~ March ~ 1083 Notice II hereby given that tho North Andover Planning Scard wll hem a pobllc hooting oo ..AIx.il 13. 19i13 at 7:00 p.m. nt North Andovef High School ~V Room, pursuant to tho provisions of M.G.L Chapter 40A, Section g, to on.nd 1he North 1. Deleting Soctiwn 4.132. Paragraph 11 and ranumhodng para0mphe la tlvough 1710 mad t! thrsogh 16 respectively. 2. Boasting Soetion 4.199. P&rngraph II and ronumhedng parngm~ho lZ tlvough ~3 to reid 11 through 23 roepectlvely. 3. Reph~ Sm:tiao 4. Adding the following language to Section 4.122, Porngmph 6b (thai which ii underlined): b. On any lit el at bade thee p) 8oreo, the heeJ)- lng of a rolm of nm more than thee t3t o4 any kind or a-sortmsot d animaio or ~ in odciltion to the household ~ of a family lying on such Iot. and 1o~ each m:M#k)noJ acre O4 lot size to five (5) acme, the keeping on one additiorml animni of bird; but nnt the keeping el any amimale. Mrda. sons not resldant on such lob 5. Replacing Scdlam 4.137 Flood Paola District. 6, Deleting Section rapetlt&.o of section 8.37.1o which was ~'oved at the May t 967 Town Mantlng and approved by the Attorney General. 7. Amend Section ll.g Planned Reofdentlol .Oeleto paragraphs 9.6(0)C, Dlmonolonat Regulations o Site Plans .Ronumhor paragraphs -RedMIne 'Bo~or Zone' M Iho mmmhomd para- kh ~. 1081 Notice to hereby given that the North Afldover Planning Board will iv)id · public hearing on April .~oof A/V Room. pursuant to the provision., gl U.G.L Chapter .40A' Section 5. to mnond tho N.~h AndMor Zook~ Ma~ al Iho Town nt North AndmM by olnulging R.1 teem two ~ Io orte m:fe zoning~ with the oxcepUon of thl Wderlhod Oi,ddd. The high cern of fsoMaml~ devebpmont under two acre zoning has resulted in a prelarence In creating homse ~n exiidng roao~ rather than to develop msidamitai subdivisions. This has advemely affe(2- ed the extameion gl town wafer ~ th(Kelt/c:~oal- lng concerns regarding fire safety, tho optimum quality of drlnkthg water io~ town residems. Petition of Rohert S. Janusz arid Othem. Complale text io avaJiobis al the Office ni ~e Town Cb~k and Planning Board 8:30 a.m. - 4:30 p.m. Nntlco Is hereby llivam that the North Andovor Planning Board will hold a p~ilc hoadng ,~il 13. 1993 at 8:30 p.m. at Ngrth Anclover High School A/V Room. pursuant Io the p~ovlsione of M.O.L. Chaptor 40A. Section 5. to imend the North Andover Zmdng MIp of ~e Town of Nndh Andovar by resorting Parcels 210 through 22S on Aseeuo~o Mil0 I06A from two ac~ee fo one acw zonln~ - to tho extent Ihat all or 8ny pofl~ oi it may riot already he grand(athewd for one acm zon~. An 'anvkon- mentally eenoitive' pmlimlnwy sketch gl this I~OP- arty hoe be eobmittad to tho Tachn)cat Review Commltlas which provided lot the elimination gl a minimum oi three wetland crosdngs which would othonvioe he required TO develop this parcel Tho plan would e/so provide for improved tire ~doty through extension of town water, and the olmth~- tion of several lengthy common driveways. Petition of Robert S. Jamusz and Complete toxl ii available al the Oflk:e o4 the Town Clmk end PMnnlng Board 9:~ a.m. - 4:90 P.m, NAC: 3/24 & 3/31/03 // LEGALNOnCE / COllk~ OFMA~JB LAND COURT SEPARP, IEMT OF ~I~E 'IRML COURT (gE/cl.) Csee No. 191041 To BLAINE C. WOTRING ANO CHERYL C. wo'mING and to all pomons enllrind to the benefit of the Soldlem' amd 8a/age' CMl ROOf Act of 1040M amsodad: FIRST ESSEX SAVH~G8 BANI< cJalming to be the holder of e mortgage cuved~g real p~ope~ Road given by Bfolne C. Wotring and Cheryl C. being recoMed In the NOdh Emsmc Dktdct Regkhy of Danda at Book 2337. Pa0e 264. has fikld with said · oun a compisf~ t~ am'~ly ~ Inrecin~ s~d mo~ eioo md mm~lso of powerof ~. I you are ont~Jed to the ~nefls gl the S~kliim' and Sclom' Cid Reitol Ag4 of IMO so anmbded amd you ObtKI to ouch breo4ocum you ar yore attorney should fba wfinen N~)serance amd ~r h Mid court id Scalon on o~ beforo the 10th day of May Clly Hal Pbiza K~ye. Flalhow, Rk:tm~nd 4 Re4hsldn graph 8.S(6}C. luch Inmdveam k kwdld undar sold acl. Petition of the North Andovar Pbinnlng Scald. W~ ROgERT V. C~ ~ Judge d ' Buston, Madseohusens 02108 100 Fedoras . --n..Ic.... b,,, u,,, lb BOSIon id& 02t10 CompleiobixtioavaitabisaltheOitl~enitbdTown I°kl~'dMMthis23fdda~/niMIm:hl~G3- .................. Tole 'ne 917) 469.6800- Cbd<andPbinulngBoordS:3QI,m.-4:3Op.m, ~ ClredseW. Trombly,~.. WARRANT CO~W&)NWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTICLE 1. GENERAL APPROPRIATION ARTICLR FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 2. ~ TO ARTIC~ 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, {-b) ~_xtend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. AMENDMENT TO CH. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the ~_o~d of Selectmen to petition the General Court for the passageof ~ amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws,~or to take any other action relative thereto. + ~oard of Selectmen -- Board of Selectmen Recommendation: Favorable Action 7~~_b~6~ ARTI~ 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 5. FISCAL YEAR 1994 BUDGET TRANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE VV A R R A T ESSEX SS. .' ~iLEEI'IHOS: In the name of the Commonwealth of Massachusetts you are hereby required to ~o~ify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town Affairs, to meet in the North Andover Middle School Veterans Auditorium. At 7:30 P.M. on August 18, 1993, for the following purpose: Article 1 . General Appropriation Article for Fiscal Year 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Depart- ment-Salaries in the amount of $415,920, for a new total School Department- Salaries amount of $12,433/582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, ortotakeany other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting Article 2 . Amendment to Article 13, 1993 Annual Town Meeting (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the warrant for the 1993 Annual Town Meeting, authorizing the issue of $10~O~0~O00, school bonds, by adding thD following clause at the end of such vote. "and further, to authorize the Board~fof Selectmen to petition the General ~£our~ for ~the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years; and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Advisory Board Recommendation: Favorable Action To be made at Town Meeting Article 3 ~ Amendment to Ch.750 of the Acts of 196_8 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending iCh 750 of the Acts of Nineteen Huhdred and Sixty-eight,-a-s~amended,~esta'blishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 4 . Capital Improvements to Public Buildings-Transfer of Funds. To see if the Town will vote to transfer from Article 8, Item 19 of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting Article 5 Fiscal Year 1994 Budget Transfers. To see if the Town will vote to transfers- a certain sum of money from the School Building committee - Salaries Account to the School Building Committee - Expense Account or to take any other action relative thereto. Board of Selectmen Recommendation: Advisory Board Recommendation: School Building Committee Favorable Action To be made at Town Meeting And you are hereby directed to serve this W,rrnnt by ~ostin~. true a,d attested copies of %his Warrant at %he To~ Bu~ldin~ ~n4 ~% ~ public place t, each vo%~n~ Precinct in To~. S~d copies %o be posted not less %hah fourteen d~ys before %he time of s~id mee%inE. Hereof fa~l not ~nd make 4ue re%urn of %bis l.~arrant vith your doin6s thereon at the time and place of said meetin~ %o the To~ ~l.rk, Given under our hands at North Andover, Massachusetts this ~]gth day of JV~Y 1993. ATTEST Martha J. Larson ~ John Savastano ~ TOWN CLERK ~ Donald B. Stewart S~ OF ~ ~ CONSTABLE WARRANT 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, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTIC~ 1. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 2. A~Ff~4~T TO ARTICLE 13, 1993, ANN~5%L TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of .the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment,. (b) to extend the term of borrowing to 25 years, and (c) to authorize approXimately level debt service -for the amortization of the bonds." or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICLE 3. AMENDMENT TO CH. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action ARTICLE 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting ARTICr~ 5. FISCAL YEAR 1994 BUDGET TRANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee Board of Selectmen Recommendation: Favorable Action Advisory Board Recommendation: To be made at Town Meeting And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST A .True _Copy~ DANIEL LON~ TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING - MAY 3, 1993 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 notify and warn the inhabitants of the Town of North ~Andover who are qualified to vone in Town affairs to meet at the North Andover High School Field House on Monday, May 3, 1993, 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 1, 1993. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Town Clerk to announce results. action. Town Moderator will not require ARTICLE 2. the Town will expenditures as Town Report. REPORT OF RECEIPTS AND EXPENDITURES. To see if vote to accept the reports of receipts and presented by the Selectmen in the 1992 Annual Board of Selectmen Board of Selectmen Recommendation:, Favorable Action. Board of Selectmen Motion MOVE to adopt the article, as printed in the warrant. ARTICLE 3. 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 100 For each Special Town Meeting 50 Board of Selectmen Board of Selectmen Recommendation: Advisory Board Recommendation: salary from $ 2,000 to $ 1,200. Favorable Action. Amend Selectmen's per annum Advisory Board Motion MOVE the Town vote to adopt the article, except to change the Board of Selectmen/Licensing Commissioners' salary and compensation from "$2,000" each per annum to "$1,200" each per annum. ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen NO REPORTS TO BE MADE. ARTICLR 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previously appropriated articles or accounts. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. .4/29/93 Advisory Board Motion: MOVE that the l'own VOTE to transfer certain authorized funds from the unexpended balances of: .1989 Annual Town Meeting, Article 12, Item 10-D.P.W. Equipment $ 3,634.61 1991 Annual Town Meeting, Article 12, Item 19-D.P:W. Equipment 1,367.00 1992 Annual Town Meeting, Article 8, Item 23-D.P.W. Equipment 26,540.15 1988 Annual Town Meeting, Article 6, Item 7-D.P.W. Equipment 610.36 being the sum of $ 32,152.12 to be added to the following account: 1992 Annual Town Meeting, Article 8, Item 25-D.P.W. Trash Trucks $32,152.12 being the sum of $ 32,152. 12, and further, to transfer certain authorized funds from the unexpended balances of: 1990 Annual Town Meeting, Article 19, Item 7-Fire-Ambulance January, 1991 Special Town Meeting, Article 11-Fire-Engine 2 1991 Annual Town Meeting, Article 12, Item 9-Fire-Breathing Apparatus 1984 Annual Town Meeting, Article 90-Rt. 114 Study 1987 Annual Town Meeting, Article 61 -Fire-Asbestos Removal 1991 Annual Town Meeting, Article 18-Reserve Fund Insurance Claim Rei m bursement - Highway Dept. Insurance Claim Reimbursement -Chapter 80 C.O.A. Insurance Claim Reimbursement -Chapter 88 D. P. W. Insurance Claim Reimbursement -Water Dept. 7,452.20 2,493.46 225.8O 700.00 600.00 372.60 22,204.75 125.75 8,335.41 250.00 being the sum of $ 42,759.97 to be added to the following accounts: March, 1989 Special Town Meeting, Article 4-Calzetta Land 1991 Annual Town Meeting, Article 12, Item 11 -Franklin School Roof 1991 Annual Town Meeting, Article 12, Item I 1 -School-Handicap Elevator 1.8 t Annual Town Meeting, Article 43-ComPuter Systems October 5, 1989 Special Town Meeting, Article 3-Town Hall Repairs 1992 Annual Town Meeting, Article i 4-D.P.W. Administration - Salaries 1,274.00 562.50 14.55 14,642.41 2,903.47 23,363.04 being the sum of $ 42,759.97. 13 VOTED UNANIMOUS TO ADOPT THE ARTICLE. ARTICLE 6. FISCAL YEAR 1993 BUDGET TRANS~. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1993 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Board of Selectmen Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion: MOVE tI~at the Town VOTE i;o transfer certain funds, as noted under Article ~14 of the May 4, 1992 Annual Town Meeting from the unexpended balances of: Interest on Debt General Insurance Treasury - Salaries Gr. Law. Reg. Vocational School - Assessment Planning Department - Salaries Town Manager/Board of Selectmen - Expenses D.P.W. - Gr. Law. Sanitary District - Assessment Health Department - Expenses $ 66,000.00 82,000.00 6,000.00 3,375.00 3,500.00 3,500.00 75,000.00 2,850.00 being a sum of $242,225 to be added to the following accounts: Town Manager/Board of Selectmen - Salaries Treasury - ExlSenses Employee Benefits Fire Department - Salaries D.P.W. - Admin. & Operations - Salaries Planning Department - Expenses Building Department - Salaries Building Department - Expenses Police Department - Salaries D.P.W.- Water .Department - Salaries D.P.W. - Sewer Department - Salaries Legal and Audit School Department - Salaries 7,500.00 13,000,00 7,500,00 '62,200.00 6,668.00 4,85O,OO 5,000.00 800.00 5,900.00 17,2_,8.00 6,941.00 56,600,00 48,038.00 being a sum of $242,225. 14 VOTED UNANIMOUS TO ADOPT THE ARTICLE. ARTICLE 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description TOWN ACCOUNTANT: 1. Office Equipment Sub-Total - Town Accountant Board of Advisory Department Selectmen Board Request Reco~m~_nd Reccx~_nd 2,000 $ 0 $ 0 2,000 $ 0 $ 0 PUBLIC BUILDINGS: 2. Municipal Buildings Facilities Plan Sub-Total - Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk $ 35,000 $ 35,000 $ $ 35,000 $ 35,000 $ 35,000 $ 54,010 $ o $ o 24,442 12,000 12,00Q~/ $ 78,452 $ 12,000 $ 12,000 POLICE DEPARTMENT: 5. Officer Protection - Bulletproof Vests 6. Specialty Vehicle Needs 7. Communications Network Sub-Total - Police Dept. $ 27,300 $ 27,300 $ 27,300/ 34,000 0 0 24,080 24,080 24,080*/ $ 85,380 $ 51,380 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck 9. Replace "Jaws Of Life" 10. 4-Wheel Drive Vehicle Sub-Total - Fire Department $ 390;000 $ 200,000 $ 390,000-~ 8,988 0 0 23,000 0 0 $ 421,988 $ 200,000 $ 390,000 SCHOOL DEPARTMENT: 11 12 13 14 15 16 17 18 19 Monitoring Device-Underground Tank $ 31,500 E.C.C. Chairlift-Bradstreet School 40,000 Update Fire Alarm System-Middle School 188,000 Replace Windows - Middle School Technology Equipment Update Science Labs Middle School Floodlights - Hayes Stadium Asbestos Abatement - N.A. Schools Boiler & Heating System Thomson Sub-Total - School Department 82,750 55,000 75,000 40,000 250,000 100,000 $ 862,250 $ 31,500 $ 31,500'~/ 40,000 40,000~ 188,000 188,000' 82,750 82,750 ~' 55,000 55,000~'~ .... 75,000 75,000~ 40,000 40,000~ 0 0 0 0 $ 512,250 $ 512,250 PUBLIC WORKS: 20. Public Works Equipment 21. Water Main Rehab. 22. Water'Main Rehab. - Engineering 277,800 800,000 30,000 $ 212,500 $ 212,500'~ 750,000 750,000/'~. 30,000 30,000~/ Department Project Description Board of Advisory Department Selectmen Board Request Reconm~end Recommend 23. Sewer System Ext.- Phase 3 GPR 24. Sewer System Improvements I/I 25. Carbon Filters 26. Road Improvement Program 27. Ozone System 28. High School Bleachers 29. Treatment Plant - Process Controls 30. Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements Sub-Total - Public Works 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 115,000 22,000 0 0 100,000 0 0~' 4,500 0 0 125,000 125,000 125,000 160,000. 160,000 160,000~C" $4,359,300 $3,527,500 $3,392,500 Total $5,844,370 $4,338,130 $4,393,130~ Plarn~gBoardRec~dations: Line 21. Line 22. Line 23. Line 24. Line 26. Line 31. Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. - Favorable Action. 4/20/93 Advisory BoardMotion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Public Buildinqs Item 2. Municipal Buildings Facilities Plan $ 35,000 Town Clerk Item 4. Computer System 12,000 Police Department Item 5. Officer Protection Bullet Proof Vests Item 7. Communications Network 27,300 24,080 Fire Department Item 8. Replace Engine 3 and Rescue Truck 390,000 School Department Item 11. Monitoring Device-Underground Tank Item 12. E.C.C. Chairlift-Bradstreet School Item 13. Update Fire Alarm System-Middle School Item 14. Replace Windows - Middle School Item 15. Technology Equipment Item 16. Update Science Labs - Middle School Item 17. Floodlights - Hayes Stadium 8 31,500 40,000 188,000 82,750 55,000 75,000 40,000 Public Works 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. - Engineering 23. Sewer System Ext.- Phase 3 GPR 24. Sewer System Improvements I/I 26. Road Improvement Program 30. Recycle Truck/Trucks 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 31. Bonny Lane - Sewer Improvements 160,000 In the total amount of $ 4,393,130; in order to fund ~ems~} 4, 5, and 7 that the Town raise and appropriate ~he total amount of $~and to provide the necessary appropriation for items,~, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $~ under Chapter 44 of the Massachusetts General ARTICLE 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description 1. Office Equipment Sub-Total - Town Accountant Board of Advisory Department Selectmen Board Request Recommend Recommend $ 2,000 $ 0 $ 0 $ 2,000 $ 0 $ 0 PUBLIC BUILDINGS: 2. Municipal Buildings Facilities Plan Sub-Total - Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk $ 35,000 $ 35,000 $ 0 $ 35,000 $ 35,000 $ 0 $ 54,010 $ 0 $ 0 24,442 12,000 12,000 $ 78,452 $ 12,000 $ 12,000 POLICE DEPARTMENT: 5. Officer Protection - Bulletproof Vests 6. Specialty Vehicle Needs 7. Communications Network Sub-Total - Police Dept. $ 27,300 $ 27,300 $ 27,300 34,000 0 0 24,080 24,080 24,080 $ 85,380 $ 51,380 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck $ 9. Replace "Jaws Of Life" 10. 4-Wheel Drive Vehicle Sub-Total - Fire Department $ 390,000 $ 200,000 $ 0 8,988 0 0 23,000 0 0 421,988 $ 200,000 $ 0 SCHOOL DEPARTMENT: 11. Monitoring Device-Underground Tank $ 31,500 12. E.C.C. Chairlift-Bradstreet School 40,000 13. Update Fire Alarm System-Middle School 188,000 14. Replace Windows - Middle School 15. Technology Equipment 16. Update Science Labs - Middle School 17. Floodlights - Hayes Stadium 18. Asbestos Abatement - N.A. Schools 19. Boiler & Heating System - Thomson Sub-Total - School Department 82,750 55,000 75,000 40,000 250,000 100,000 862,250 $ 31,500 $ 31,500 40,000 40,000 188,000 188,000 82,750 82,750 55,000 55,000 75,000 75,000 40,000 40,000 0 0 0 0 $ 512,250 $ 512,250 PUBLIC WORKS: 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. - Engineering 277,800 800,000 30,000 $ 212,500 $ 212,500 750,000 750,000 30,000 30,000 7 Department Project Description Board of Advisory Department Selectmen Board Request Re~d R~d 23 24 25 26 27 28 29 30 Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/I Carbon Filters Road Improvement Program Ozone System High School Bleachers Treatment Plant - Process Controls Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements Sub-Total - Public Works 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 115,000 22,000 0 0 100,000 0 0 4,500 0 0 125,000 125,000 125,000 160,000 160,000 160,000 $4,359,300 $3,527,500 $3,392,500 Total $5,844,370 $4,338,130 $3,968,130 Planning BoardRe~dations: Line 21 Line 22 Line 23 Line 24 Line 26 Line 31 Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. - Favorable Action. 4/20/93 Advisory BoardMotion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Public Buildinqs Item 2. Municipal Buildings Facilities Plan $ 35, 000 Town Clerk Item 4. Computer System 12,000 Police Department Item 5. Officer Protection - Bullet Proof Vests Item 7. Communications Network 27,300 24,080 Fire Department Item 8. Replace Engine 3 and Rescue Truck 390,000 School Department Item 11. Monitoring Device-Underground Tank Item 12. E.C.C. Chairlift-Bradstreet School Item 13. Update Fire Alarm System-Middle School Item 14. Replace Windows - Middle School Item 15. Technology Equipment Item 16. Update Science Labs - Middle School Item 17. Floodlights - Hayes Stadium 31,500 40;000 188,000 82,750 55,000 75,000 40,000 8 20 21 22 23 24 26 30 Public Works Public Works Equipment Water Main Rehab. Water Main Rehab. - Engineering Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/I Road Improvement Program Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 160,000 In the total amount of $ 3,968,130; in order to fund items 4, 5, and 7 that the Town raise and appropriate the total amount of $ 63,380 and to provide the necessary appropriation for items 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 3,904,750 under Chapter 44 of the Massachusetts General Laws. 9 ARTICLE 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description 1. Office Equipment Sub-Total - Town Accountant Board of Advisory Department Selectmen Board Request Rec~,.~end $ 2,000 $ 0 $ 0 $ 2,000 $ 0 $ 0 PUBLIC BUILDINGS: 2. Municipal Buildings Facilities Plan Sub-Total - Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk $ 35,000 $ 35,000 $ 0 $ 35,000 $ 35,000 $ 0 $ 54,010 $ 0 $ 0 24,442 12,000 12,000 $ 78,452 $ 12,000 $ 12,000 POLICE DEPARTMENT: 5. Officer Protection Bulletproof Vests 6. Specialty Vehicle Needs 7. Communications Network Sub-Total - Police Dept. $ 27,300 $ 27,300 $ 27,300 34,000 0 0 24,080 24,080 24,.080 $ 85,380 $ 51,380 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck $ 390,000 9. Replace "Jaws Of Life" 8,988 10. 4-Wheel Drive Vehicle 23,000 Sub-Total - Fire Department $ 421,988 $ 200,000 $ 0 0 0 0 0 $ 200,000 $ 0 SCHOOL DEPARTMENT: 11. Monitoring Device-Underground Tank $ 31,500 12. E.C.C. Chairlift-Bradstreet School 40,000 13. Update Fire Alarm System-Middle School 188,000 14. Replace Windows - Middle School 15. Technology Equipment 16. Update Science Labs - Middle School 17. Floodlights - Hayes Stadium 18. Asbestos Abatement N.A. Schools 19. Boiler & Heating System - Thomson Sub-Total - School Department PUBLIC WORKS: 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. Engineering 82,750 55,000 75,000 40,000 250,000 100,000 '$ 862,250 $ 277,800 800,000 30,000 $ 31,500 $ 31,500 40,000 40,000 188,000 188,000 82,750 82,750 55,000 55,000 75,000 75,000 40,000 40,000 0 0 0 0 $ 512,250 $ 512,250 212,500 $ 212,500 750,000 750,000 30,000 30,000 7 Department Project Description Department Request Board of Advisory Selectmen Board Recommend Reco~ 23. Sewer System Ext.- Phase 3 GPR 24. Sewer System Improvements I/I 25. Carbon Filters 26. Road Improvement Program 27. Ozone System 28. High School Bleachers 29. Treatment Plant Process Controls 30. Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements Sub-Total - Public Works 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 115,000 22,000 0 0 100,000 0 0 4,500 0 0 125,000 125,000 125,000 160,000 160,000 160,000 $4,359,300 $3,527,500 $3,392,500 Total $5,844,370 $4,338,130 $3,968,130 PlanningBoardRe~dations: Line 21 Line 22 Line 23 Line 24 Line 26 Line 31 Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. Favorable Action. 4/20/93 Advisory BoardMotion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Public Buildinqs Item 2. Municipal Buildings Facilities Plan $ 35,000 Town Clerk Item 4. Computer System 12,000 Police Department Item 5. Officer Protection Bullet Proof Vests Item 7. Communications Network 27,300 24,080 Fire Department Item 8. Replace Engine 3 and Rescue Truck 390,000 School Department Item 11. Monitoring Device-Underground Tank Item 12. E.C.C. Chairlift-Bradstreet School Item 13. Update Fire Alarm System-Middle School Item 14. Replace Windows Middle School Item 15. Technology Equipment Item 16. Update Science Labs Middle School Item 17. Floodlights - Hayes Stadium 31,500 40,000 188,000 82,750 55,000 75,000 40,000 8 Public Works 20 Public Works Equipment 21 Water Main Rehab. 22 Water Main Rehab. - Engineering 23 Sewer System Ext.- Phase 3 GPR 24 Sewer System Improvements I/I 26 Road Improvement Program 30 Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 160,000 In the total amount of $ 3,968,130; in order to fund items 4, 5, and 7 that the Town raise and appropriate the total amount of $ 63,380 and to provide the necessary appropriation for items 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 3,904,750 under Chapter 44 of the Massachusetts General Laws. ARTICLE 8. APPROPRIATION OF FUNDS TO PURCHASE RECYCLING TRUCKS. To see if the Town will vote to raise and appropriate the sum of $ 125,000 to be expended under the direction of the Director of Public Works or Town Manager, whoever is appropriate, for the purpose of purchasing recycling trucks. Deborah S.. Bernheim & Others Board of Selectmen Recommendation: To be made at Town. Meeting. Advisory Board Recommendation: No Action. * * * IF ARTICI~ 7, ITEM 30 IS VOTRD FAVORABLY, THE FOLLOWING MOTION WILL BE MOVED: * * * Advisory Board Motion MOVE to take no action on the article. * * * IF ARTI~ 7, ITEM 30 IS VOTED UNFAVORABLY, THE FOTJ~WING MOTIONS WILL BE MOVED: * * * Citizen Petitioner Will Move the Article MOVE the Town vote to raise and appropriate the sum of $ 125,000 under the direction of the Town Manager for the purpose of purchasing trucks. 10 ARTICLE 9. C3~PITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $ 188,000 or any other sum, and to add such amounts to the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for approved Capital Improvements projects, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory BOard Motion MOVE to adopt the article, as printed in the warrant. 11 ARTICLE 9. CAPITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $ 188,000 or any other sum, and to add such amounts to the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for approved Capital Improvements projects, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. MOTION TO AMEND TO $223,000 DEFEATED. IT WAS VOTED TO THAT THE AMOUNT BE REDUCED TO ZERO (0) DOLLARS. 11 ARTICLE 10. WATER TREATMENT PLANT - GRANULAR ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $ 50,000, as an addition to the Replacement Fund, to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board. of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. 12 ARTICLR 10. WATER TREATMENT PLANT - G~%~NILAR ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $ 50,000, as an addition to the Replacement Fund, to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 12 ARTICLE 11. 'REPAIR AND REPLACEMENT OF ROOFS. To see if the Town will vote to transfer from previously appropriated funds the sum of $ 223,202 to be expended under the direction of the School Committee for the purposes of performing all work necessary for the repair or replacement of the roofs at the Atkinson, Kittredge, Thomson, and High School buildings: From available funds allocated to the School Department under Lines 10 and 13 of Article 8, as voted for the Fiscal Year 1993, Capital Improvements Plan: Middle School Roof Repair/Replacement Franklin School Roof Repair/Replacement Total $ 196,206 26,996 $ 223,202 North Andover School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. 13 ARTIC~ 11. REPAIR AND REPLACEMENT OF ROOFS. To see if the Town will vote to transfer from previously appropriated funds the sum of $ 223,202 to be expended under the direction of the School Committee for the purposes of performin9 all work necessary for the repair or replacement of the roofs at the Atkinson, Kittredge, Thomson, and High School buildings: From available funds allocated to the School Department under Lines 10 and 13 of Article 8, as voted for the Fiscal Year 1993, Capital Improvements Plan: Middle School Roof Repair/Replacement $ 196,206 Franklin School Roof Repair/Replacement 26,996 Total $ 223,202 North Andover School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. A~visoryBoardMotion MOVE to adopt the article, as printed in the warrant. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 13 ARTICLE 12. ELR~ENTARY SCHOOL CONSTRU~ION. To see if the Town will vote to amend the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting, authorizing the issue of $ 10,600,000 school bonds, by amending the proviso at the end of such vote to read as follows: "provided, however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education approves the project for a state construction grant under Chapter 645 of the Acts of 1948 as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645." or to take any other action relative thereto. Board of Selectmen School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote that the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting is hereby amended to read as follows: VOTED: to appropriate $ 10,000,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural service, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $ 10,000,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date, as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; provided however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education 14 approves the project for a state construction grant under Chapter 645 of the Acts of 1948, as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c. 59 §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645. VOTED TO ADOPT THE ARTICLE. YES...878 NO...15 15 ARTICLE 12. EI.RN[ENTARY SCHOOL CONSTRUCTION. To see if the Town will vote to amend the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting, authorizing the issue of $ 10,600,000 school bonds, by amending the proviso at the end of such vote to read as follows: "provided, however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education approves the project for a state construction grant under Chapter 645 of the Acts of 1948 as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645." or to take any other action relative thereto. Board of Selectmen School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote that the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting is hereby amended to read as follows: VOTED: to appropriate $ 10,000,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural service, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $ 10,000,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds or notes for up to one year after the project completion date, as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project; provided however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education 14 approves the project for a state construction grant under Chapter 645 of the Acts of 1948, as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c. 59 §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645. 15 LEGAL NOTICE TOWN OF NORTH ANDOVER SCHOOL BUILDING COMMITTEE Request for Proposal ~ ~0 ~ Construction Manager ~E? ~ ~ The North Andover School Building Commtt(ee is seeking pro~.~ qualified firms speciallzing in Project Management to ensure on - budget construction and completion of a new elementary Farm Site. als from the on - time and chool at Calzetta The Construction Manager will be required, to work for the North Andover School Building Committee and will be responsible for assisting in the review and/or revision of existing project programs and scope of work, assist in review of design, maintain detail project schedules, evaluate technical construction proposals, develop cost controls and a budgetary reporting system. The selected Construction Manager shall have demonstrated previous experience in managing complex construction projects. Professional fees for services to be rendered are to be negotiated. A complete scope of responsibtlltles and Job description may be obtalned by wrlttng or faxtng North Andover School Butlding Committee, North Andover Public Schools, 675 Chlckerlng Road, North Andover, Massachusetts 01845, FAX (508)794-0231. It Is recommended that respondents to this request familiarize themselves wtth the detatled Job descrlptton. The deadline for submitting proposals to the North Andover School Building Committee, North Andover Public Schools, 675 Chtckertng Road, North Andover, Massachusetts 01845, FAX (508)794-0231 is Wednesday, October 6th, by 4:00 PM. ARTICLE 13. ANRNDMENT TO ARTICLE 12, 1992, ANNUAL TOWN MEETING (CONSTRUCTION OF AN ELEMENTARY SCHOOL). To see if the Town will vote to amend Article 12 of the 1992 Annual Town Meeting, by striking the words "provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding, and related expenses until the State Board of Education approves the project for a State construction grant under said Chapter 645." at the end; or to take any other action relative thereto. Judy Goodwin and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recommendation: Unfavorable Action. Citizen Petition Motion Petitioner will MOVE the article. MOTION VOTED ON ATTACHED. VOTED TO ADOPT THE ARTICLE YES...655 N0...250 ARTICLE 13. AMENDMENT TO ARTICI~ 12, 1992, ANNUAL TOWN MEETING (CONSTRUCTION OF AN ET.RMENTARY SCHOOL). To see if the Town will vote to amend Article 12 of the 1992 Annual Town Meeting, by striking the words "provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding, and related expenses until the State Board of Education approves the project for a State construction grant under said Chapter 645." at the end; or to take any other action relative thereto. Judy Goodwin and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recommendation: Unfavorable Action. Citizen Petition Motion Petitioner will MOVE the article. ARTICLE 14. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. 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, 1993, and ending June 30, 1994; or to take any other action relative thereto. Board of Selectmen Advisory Board Motion MOVE that the Town vote to accept the recommendations of the Advisory Board, as presented in the warrant under the column titled "FY '94 Advisory Board Recommendations" with the following changes: Increase School Department Salaries appropriation by $ 168,916, less available Public Law 874 funds in the amount of $ 53,916, resulting in a net amended FY '94 budgetary appropriation of $ 31,645,764 and to raise and appropriate $ 31,645,764 for the purpose of the article. MOTION TO AMEND THE ARTICLE BY INCREASING THE SALARIES APPROPRIATION BY THE AMOUNT OF $183,020. VOTED TO ADOPT THE ARTICLE AS AMENDED AND TO RAISE AND APPROPRIATE THE SUM OF $31,828,784 17 ARTICLE 14. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. 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, 1993, and ending June 30, 1994; or to take any other action relative thereto. Board of Selectmen Advisor~Board Motion MOVE that the Town vote to accept the recommendations of the Advisory Board, as presented in the warrant under the column titled "FY '94 Advisory Board Recommendations" with the following changes: Increase School Department - Salaries appropriation by $ 168,916, less available Public Law 874 funds in the amount of $ 53,916, resulting in a net amended FY '94 budgetary appropriation of $ 31,645,764 and to raise and appropriate $ 31,645,764 for the purpose of the article. 17 ARTICLE 15. TRANSFER SCHOOL DEPARTMENT UNENCUMBERED SALARY ACCOUNTS. To see if the Town will vote to transfer to the School Department's FY '94 Salary Account from FY '93 unencumbered salary accounts. Town Manager Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion MOVE the Town vote to transfer to the FY '94 School Department- Salary Account, as voted under Article 14, the total amount of $ 110,038 from the FY '93 School Department - Salary line item. 19 ARTICLE 15. TRANSFER SC}{OOL DEPARTMENT UNENCUMBERED SA5%RY ACCOUNTS. To see if the Town will vote to transfer to the School Department's FY '94 Salary Account from FY '93 unencumbered salary accounts. Town Manager Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: Advisory Board Motion To be made at Town Meeting. Favorable Action. 4/29/93 MOVE the Town vote to transfer to the FY '94 School Department- Salary Account, as voted under Article 14, the total amount of $ 110,038 from the FY '93 School Department - Salary line item. VUTEDDUNANIMOUS TO ADOPT THE ARTICLE. 19 ARTICLE 16. ADOPT A BYLAW IN ACCORDANCE WITH THE PROVISIONS OF M.G.L. CHAPTER 40, SECTION 57. To see if the Town will vote to amend the Bylaw of the Town of North Andover by adopting the following bylaw: a o The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. b o The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this Bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate. C · Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be 2O grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. do The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of M.G.L. Chapter two hundred and sixty-eight in the business or activity conducted in or on said property. This bylaw shall not apply to the following licenses and permits issued under the following M.G.L. Chapters: open burning, section thirteen of chapter forty-eight; bicycle permits, section eleven A of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty; fishing, hunting, trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits, section one hundred and eighty-one of chapter one hundred forty. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town vote to adopt the article, as printed in the warrant ,and to be included in the Code of North Andover under Division 1, Part II Chapter 129 titled "Licenses and Permits". 21 ARTICLE 17. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 360,578 for M.G.L. Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $ 360,578 for M.G.L. Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 360,578 in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. 22 ARTICLE 17. AUTHORIZATION OF M.G.L. C~IAPTER 90 - ~IG}IWAY FUNDS. To see if the Town will vote to appropriate $ 360,578 for M.G.L. Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 360,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE the Town vote to appropriate $ 360,578 for M.G.L. Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 360,578 in anticipation of State reimbursement under M.G.L. Chapter 44, Section 6A. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 22 ARTICI,~ 18. ~A~mID AUTHORIZATION TO BORROW - VARIOUS ARTICLES. To see if the Town will vote to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $ or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion: MOVE that the Town VOTE to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorizations to borrow under M.G.L. Chapter 44 to be reduced in the total amount of $233,500, as follows: Article 41 of authorization Article 74 of authorization the 1984 Annual Town Meeting to reduce original of$~ .~~for the purpose of water ma~ns to $~ the 1985 Annual Town Meeting to reduce original of $350,000 for the:purpose of water mains to $ 223,000; Article 4 of the March, 1989 Special Town Meeting to reduce original authorization of $952,000 for the purpose of acquiring land to $ 950,000; Article 8, Item 6 of the 1992 Annual Town Meeting to reduce original authorization of $45,000 for the purpose of installation of an exhaust system in the Fire Department to' $43,500; and Article 12, Item 22 of the 1991 Annual Town Meeting to reduce original authorization of' $270,000 for the purpose of installing fuel storage tanks to $ 200,000. 23 ARTICLE 19. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 94 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 Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE that the Town vote to accept the EEO (Equal Education Opportunity) grant, as awarded for FY '94 in accordance with M.G.L. Chapter 70A. 24 ARTICLE 20. ACCEPTANCE OF EEO MONEY. 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 Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. 25 ARTICLE 21. RESERVE FUND. To see if the Town will vote to raise and apPropriate $ 75,000 to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: .Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. 26 ARTICLE 21. RESERVE FUND. To see if the Town will vote to raise and appropriate $ 75,000 to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 26 ARTICLE 22. LOTTERY AID REVENUES. To see if the Town will vote to instruct its representatives to the General Court to support an amendment to the FY '94 state budget to guarantee the cities and towns receive the full $47 million growth in lottery revenues. Board, of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. 27 ARTICLR 23. GAS TAX REVENUE SHARING ACT/LOCAL ROADS FUND. To see if the Town of North Andover will instruct its representatives to the General Court to support legislation filed by the Massachusetts Municipal Association that would establish in state law a Local Roads Fund in order to ensure a fair and predictable share of state gas tax collections for distribution to cities and towns for use on local roads. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. Voted unanimous to adopt the article. 28 ARTICLE 23. GAS TAX REVENUE SHARING ACT/LOCAL ROADS FUND. To see if the Town of North Andover will instruct its representatives to the General Court to support legislation filed by the Massachusetts Municipal Association that would establish in state law a Local Roads Fund in order to ensure a fair and predictable share of state gas tax collections for distribution to cities and towns for use on local roads. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt the article, as printed in the warrant. Voted unanimous to adopt the article. 28 ARTICLE 24. TELECOMMUNICATIONS CONTRACT - LRASE AGREE~RNT. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to enter into a lease or lease/purchase contract for a telecommunications system for a term not to exceed five (5) years, pursuant to M.G.L. Ch. 30B, or to take any other action relative thereto. Director of Finance Board of Selectmen RecommendatiOn: Favorable Action. Advisory Board Recommendation: No Action, Board of Selectmen Motion MOVE to adopt the article, as printed the warrant. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 29 ARTICI,R 25. EARLY RETI~ INCENTIVE. To see if the Town will vote to adopt the provisions of Chapter 399 of the Acts of 1992 relating to an early retirement incentive. Finance Director Board of Selectmen Recommendation: .To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. .... Unfavorable Action. 4/29/93 --- Advisory Board voted favorable on this article Finance Director Motion If the Board of Selectmen recommend favorable action or make no recommendation on the article: MOVE to adopt the article, as printed in the warrant. If the Board of Selectmen recommend unfavorable action: MOVE that the Town take no action on this article. VOTED TO ADOPT THE ARTICLE A~TES~. Town 30 ARTICLE 25. EARLY RETIREMENT INCENTIVE. To see if the Town will vote to adopt the provisions of Chapter 399 of the Acts of 1992 relating to an early retirement incentive. Finance Director Board of Selectmen Recov~endation: .To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ~_ Unfavorable Action. 4/29/93 ~'~-- Finance Director Motion If the Board of Selectmen recommend favorable action or make no recommendation on the article: MOVE to adopt the article, as pr±nted in the warrant. I£ the Board of Selectmen recommend unfavoraDle action:~ MOVE that the Town take no action on this article. VOTED TO ADOPT THE ARTICLE 30 ARTICLE 26. AMENDMENT TO CAPITA5 IMPROVEMENT PLAN APPROPRIATION FOR FISCAL YEAR 1992, AS VOTED UNDER ARTICT~ 12 OF THE 1991 ANNUAL TOWN~EETING. To see if the Town will vote to amend the vote passed under Article 12 of the warrant for the 1991 Annual Town Meeting which appropriated various sums, as recommended by the Advisory Board for Capital Improvements, by changing the figure "$ 2,282,306" to "$ 2,394,306" in order to correct a mathematical error; or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt this article, as printed in the warrant. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 31 ARTICLE 26. AMENDMENT TO CAPITAL IMPROVE~RNT PLAN APPROPRIATION FOR FISCAL YEAR 1992, AS VOTED UNDER ARTICLE 12 OF THE 1991 ANNUAL TOWN MEETING. To see if the Town will vote to amend the vote passed under Article 12 of the warrant for the 1991 Annual Town Meeting which appropriated various sums, as recommended by the Advisory Board for Capital Improvements, by changing the figure "$ 2,282,306" to "$ 2,394,306" in order to correct a mathematical error; or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt this article, as printed in the warrant. 31 ARTICLE 27. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to amend the Town of North Andover Personnel Bylaw, as previously adopted at the May, 1992, Annual Town Meeting, as follows: By deleting Schedule B-1 - Compensation Plan and adding the following: SCHEDUI.R B-1 - COMPENSATION PLAN Compensation Grade Min II III IV MAX S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-ii S-12 S-13 8.74 9 01 9 40 9 81 10 18 10 64 11 10 11 59 12 08 12 60 9.11 9 35 9 73 10 15 10 59 10 84 11 51 12 00 12 51 13 06 9 40 9 67 10 09 10 53 10 93 11 41 11 89 12 42 12.96 13.54 9 73 10 00 10 40 10 93 11 34 11 80 12 33 12 86 13 43 14 03 10 06 10 35 10 78 11 23 11 70 12 20 12 74 13 29 13 88 14 50 o By deleting Schedule B-2 - Compensation Plan and adding the following: SCHEDULE B-2 - COMPENSATION PLAN S-14 24,787 S-15 25,871 S-16 27,031 S-17 28,492 S-18 30,031 S-19 31,635 S-20 33,354 S-21 39,388 S-22 45,689 25,723 26,844 28,042 29 573 3I 189 32 866 34 668 4O 586 47 080 26,657 27,819 29,091 30,662 32,345 34,106 35,983 42,157 48,903 27,599 28 832 30 141 31 772 33 485 35 347 37 291 43 537 48 914 28,566 29,845 31,189 32,866 34,668 36,577 38,597 44,922 52,111 3. By deleting Schedule C, Police Department Employees and Schedule D, Fire Department Employees) and adding the following: (Non-Union (Non-Union SCHEDULE C - PUBLIC SAFETY (NON-UNION EMPLOYEES) S-P 9.04 9.28 9.65 PS-DISP 9.48 9.81 10.17 PS-DISP. SUPV. 11.69 12.10 12.54 P-LT. EO (Annually) 10.00 10.57 12.99 10.32 10.85 13.42 46,307 32 o o By adding the following position classification and compensation grade to Schedule A ,'Classification of Position by Division and Compensation Grade Schedule" Public Safety Police Lieutenant - Executive Officer P - Lt. EO Public Works Assistant Director of Public Works S-22 Operations Supervisor S-21 Staff Engineer S-20 Human Services Youth Service Worker S-9 Public Health Nurse Misc. By deleting the following positions classification and compensation grade from Schedule A ,'Classification of Positions by Division and Compensation Grade Schedule. Public Works Director of Engineering and Administration S-21 Superintendent of Highways, Utilities, Operations S-22 Assistant Superintendent of Highways Utilities, Operations S-20 Superintendent of Public Works S-20 To add to Schedule E - Misc. Compensation (Part-Time) the following: Public Health Nurse $ 20/hour Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt this article, as printed in the warrant. 33 ARTICLE~28~ AMENDMENT TO BUILDING PERMIT FEES. To see if the Town will vote to amend Section 77-1 of the Bylaw of the Town of North Andov~r "Building Construction" by adding Paragraph E, the following: Building Permit Fees for municipally owned buildings and structures may be waived only by .the Board of Selectmen. The amended Paragraph E will read as follows: "Building permit fees shall ~ be required for municipally owned buildings and structures. Building Permit fees for municipally owned buildings and structures may be waived only by the Board of Selectmen. In all cases fees will be required for mechanical and utility permits." Division of Planning & Community Development Board of Selectmen Recommendation: Favorable Actios~ Advisory Board Recommendation: Favorable Action, Advisory Board Motion MOVE to adopt this article, as printed in the warrant. . '--"-'t'- ....... ' '" ~ 34 ART. 28 (AMENDMENT). Building permit fees shall be required for municipally owned buildings and structures. Building permit fees for buildings and structures wholly owned by the Town of North Andover may be waived, in whole or in part, only by the Board of Selectmen based on the Board's determination of the benefits accruing to the town from such a waiver. In all cases fees will be required for mechanical and utility permits. ARTICLE 29. WETLANDS PROTECTION FUND. To see if the Town will vote to appropriate a sum of money from the Wetland Filing Fees Account to ~'be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to appropriate $ 2,788.33 from the Wetlands Filing Fees Account to be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. 35 ARTICI,R 30. LITIGATION SETTLEMENT PROCEEDS - BEAR HILL RESERVOIRS. To see if the Town will vote to apply litigation settlement proceeds relating to the Bear Hill Reservoirs litigation to Item #28, Article #8, of the 1992 Annual Town Meeting relating to the appropriation for improvements to the Bear Hill storage tanks. Town Manager Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. Board of Selectmen Motion NO ACTION 36 ARTICLE 31. ACQUISITION OF LAND - ROUTE 114 AT MILL ROAD/WILLOW STREET. To see if the Town will vote to acquire by purchase, donation, eminent domain, or otherwise, the fee or any lesser interest in Parcel Nos. 1, 2, 3, 4, 5 and 6 identified on a plan entitled "Plan of Mill Road and Willow Street in North Andover, MA., Essex County, Altered and Laid Out as a Town Highway" dated April 7, 1993, and prepared by Vanasse Hangen Brustlin, Inc., which is on file in the Town Clerk's Office, to be acquired for the purpose of construction and roadway safety improvements to the intersection of Route 114 with Mill Road/Willow Street; and further to raise and appropriate, transfer from available funds, the cost of acquisition and any associated expenses connected with this project, or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion MOVE that the Town vote to adopt, as printed in the warrant and that the Board of Selectmen are authorized to acquire by eminent domain said parcels, as described in the article; and further, to transfer from available Chapter 90 funds the sum of $ 5,450. 37 ARTICLE 32. RETURN OF FUNDS TO FIRST CITY DEVELOPMENT. To see if the Town will vote to transfer $ 40,000 from escrow funds, held in the name of the Town of North Andover for Newcastle Estates to First City Development Corporation. The funds were held by the Conservation Commission, as security for work now fully performed by First City Development in accordance with the Order of Conditions issued by the Conservation Commission for Coventry Estates - Phase II on 9/24/87, or take any action related thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE to adopt, as printed in the warrant provided that First City Development Corporation obtains a release of the performance bond from Coventry Estates~ ~ ~4x ~-~ ~ ~ V~,~ ~ 38 ARTICLR 33. MODIFICATION OF ZONING BYLAW, SECTION 8.5. To see if the Town will vote to amend its Zoning Bylaw Section 8.5, Planned Residential Development (PRD), as follows: Renumber paragraph 8.5 (6) D to 8.5 (6) C Redefine "Buffer Zone" in the renumbered paragraph 8.5 (6) C to read: Buffer Zone: A fifty-foot border from the parcel boundary running the full length of the perimeter of the parcel. No structure shall be built within the Buffer Zone. Pre-existing structures may be allowed to remain, if approved as part of this PRD Special Permit granted by the Planning Board. The Buffer Zone shall remain in its natural state except; trees and/or shrubs may be added to improve the buffer characteristic of the Zone, and (2) roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted by the Planning Board. Such roadways shall be minimized within the context of sound subdivision planning practices. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Planning Board Motion MOVE the Town vote to adopt the article, as printed in the warrant, with the following changes: Delete "Renumber paragraph 8.5 (6) D to 8.5 (6) C." and "Pre-existing structures~~ be allowed to remain, if approved, as part of this P.R.D. Special Permit granted by the Planning Board" 39 ARTICLE 34. AMEND~ TO ZONING BYLAW - SECTION 4.132. To see if the Town will vote to amend the Zoning Bylaw, more specifically by deleting Section 4.132, Paragraph 11 and renumbering paragraph 12 through 17 to read 11 through 16 respectively. Planning Board Board of Selectmen Recommendation: Favorable Action. PlanninG Board Recommendation: Favorable Action. Planninq Board Motion MOVE to adopt this article, as printed in the warrant. 4O ARTICLE 35. see if the Town specifically by deleting renumbering paragraph 12 respectively. AMENDMENT TO ZONING BYLAW - SECTION 4.133. To will vote to amend the Zoning Bylaw, more Section 4.133, Paragraph 11 and through 23 to read 11 through 22 Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Planning Board Motion MOVE to adopt this article, as printed in the warrant. 41 ARTICLE 36. AMENDMENT TO ZONING BYLAW - SECTION 4.122. To see if the Town will vote to amend the Zoning Bylaw, more specifically Section 4.122, Paragraph 6.b by adding the following language (that which is underlined): bo On 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 additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Planning Board Motion MOVE to adopt this article, as printed in the warrant. ARTICLE 37. AMENDMENT TO ZONING BYLAW - SECTION 2.22.1 - To see if the Town will vote to amend the Zoning Bylaw by deleting Section 2.22.1, Family Suite, as it is repetitive of Section 2.37.1, which was approved at the May, 1987, Town Meeting and approved by the Attorney General. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. Planninq Board Motion MOVE to adopt this article, as printed in the warrant. 43 ARTICLE 38. AMEN-D~ OF ZONING BYLAW. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 and Parcel 80 on the current North Andover Assessors's Map 25, which, is Southerly Of the present zoning line. Said parcels in their entirety are shown to contain 31.23 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8.25 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessors's Map as follows: EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY: By land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; and by other land of Business Park Trust and land of WOR Associates Limited Partnership. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 SEE MAP IN THE HANDOUT Planninq Board Motion MOVE to adopt this article, as printed in the warrant. ARTICLE 40. AMENDMENT OF ZONING BYLAW - POLITICAL SIGNS. To see if the Town will vote to amend the Zoning Bylaw by removing the following paragraph, as it may relate to the regulation of Signs and outdoor Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town and replacing it with the following: Temporary signs pertaining to a candidate or ballot questions appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: ; a. shall only be permitted on private property; b. shall not exceed six, (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; c. shall not be higher than three (3) feet above ground level; d. shall be stationary and shall not be illuminated; e. shall be erected no sooner than thirty (30) days prior to the date of the election and shall be removed within three (3) days after the election. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action - 4/26/93 Planning Board Recommendation.: Favorable Action. Planning Board Motion MOVE that the Town vote to delete paragraph 6.7.6 from the Zoning Bylaw and replace with a new paragraph 6.7.6 to read, as follows: "Temporary signs pertaining to a candidate or ballot questions appearmng on the ballot of any election duly called in the Town of North Andover shall require no sign permit and shai1 be allowed in all zoning districts. Such signs permitted by this Bylaw: shall only be permitted on private property; shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; shall not be higher than three (3) feet above ground level from the bottom of such sign; shall be stationary and shall not be illuminated; 5O e o shall be erected no sooner than thirty (30) days prior to the date of the election and shall be removed within three (3) days after the election. 51 ARTICLR 41. AMENDMENT TO GENERAL BYLAWS - GASOLINE STATIONS. To see if the Town will vote to amend Chapter 117-2 of the General By-laws of the town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline ms generally pumped by the customer holding the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. Planning Board Recommendation: Favorable Action. Citizen Petition Motion Petitioner will MOVE the article. 52 Motion to amend Article 41/~by adding to the last sentence after the word law, and p~6vided that in conjunction with self-service pumps or islands an employee is on the premises to aid those in need of assistance. ARTICLR 42. GARBAGE, RUBBISH & REFUSE. To see if the Town will vote to add the following sections to Chapter 115 of the North Andover By-laws "Garbage, Rubbish & Refuse" 115-5. Refuse Restricted Activity. To be in compliance with the State solid waste facility regulation 310 CMR 19.017 & DPW's Guidance Document #7 (DSWM Guidance SWM-7-9/92), the Town of North Andover enacts a mandatory bylaw, which states as of April 1, 1993, the following will not be allowed in the garbage, rubbish & refuse/trash: Glass Containers: Glass bottles and jars (soda-lime glass) but excluding light bulbs, pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics: Metal Containers: Aluminum, steel or bi-metal beverage and food containers, including scrap metal. Yard Waste: Grass clippings, weeds, garden materials, shrub trimmings, and brush 1" or less in diameter (excluding diseased plants); Leaves: Deciduous and coniferous leaf deposition; Lead Acid/ Batteries: Lead-acid batteries used in motor vehicles or stationary applications; White Goods: Large appliances including: refrigerators, freezers, dish washers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters; Whole Tires: Unshredded motor vehicle tires of all types. (A shredded tire is a tire which has been cut, sliced, or ground into four or more pieces such that the circular form of the tire has been eliminated.) 115-6. Penalties Any or all of the items listed in 115-5 commingled with garbage, rubbish, or refuse will be reason for the Division of Public 53 Works or its agents' to refuse to pick up such commingled items from that dwelling. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: .To be made at Town Meeting. Favorable Action. - 4/26/93 Board of Selectmen Motion MOVE to adopt, as printed in the warrant. 54 ARTICLE 43. ROAD ACCEPTANCE - BONNY LANE. To see if the Town will vote to accept the roadway as a public way, namely Bonny Lane from Station 0-00 to Station 16+41.27 as shown on a plan entitled "Definitive Plan of Hardtcourt Estates located in North Andover, Massachusetts", prepared by Frank C. Gelinas & Associates, 451 Andover Street, North Andover, Mass., prepared for John Warlick, Box 216, North.Andover, MA, dated Jan. 10, 1979, sheets 1 through 3 and recorded at the Essex North Registry of Deeds as Plan # 8223. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. - 4/20/93 Planning Board Recommendation: Favorable Action. Planning Board Motion MOVE to adopt this article, as printed in the warrant. 55 ARTICLE 44. ROADWAY ACCEPTANCE - HAWKINS LANE. To see if the Town will vote to accept the roadway, as a public way, namely Hawkins Lane from Station 0+0 to Station 6+0, as shown on a plan entitled Definitive Subdivision Plan of Salem Forest III located in North Andover, Massachusetts", prepared by Thomas E. Neve Associates, Inc., 447 Old Boston Road, U.S. Route #1, Topsfield, Massachusetts, 01983, prepared for. George H. and Wanda H. Farr, 263 Raleigh Tavern Lane, North Andover, Massachusetts, 01845, dated November 26, 1986, revised November 6, 1987, Sheet 3 of 4 and recorded in the Essex North Registry of Deeds, as Plan ~ 10973. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/20/93 Planning Board Recommendation: Favorable Action. Planninq Board Motion MOVE to adopt this article, as printed in the warrant. 56 ARTICLE 45. ROADWAY ACCEPTANCE - WOODCHUCK LANE. To see if the Town will vote to accept the roadway, as a public way, namely Woodchuck Lane from Station 0+0 to Station 2+29.83, as shown on a plan entitled "Definitive Plan of Land of Woodchuck Lane., Located in North Andover, Massachusetts; Owner George & Wanda Farr, 1289 Salem Street, North Andover, MA 01845; Applicant Barco Corp., 1 Westward Circle, North Reading, MA 01864" Prepared by Frank C. Gelinas & Associates, 451 Andover Street, North Andover, MA, dated April. 30, 1980, revised July 18, 1980, and recorded in the Essex North Registry of Deeds, as Plan # 8427. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4./20/93 Planning Board Recommendation: Favorable Action. Planning Board Motion MOVE to adopt this article, as printed in the warrant. 57 ARTICLE 46. ROADWAY ACCEPTANCE - HOTJ~ RIDGE. To see if the Town will vote to accept the roadway as a public way, namely Holly Ridge from Station 0+00 to Station 11+70 as shown on a plan entitled "Definitive Subdivision Plan of Deerfield Lane in North Andover, Massachusetts. Applicant Coolidge Realty Trust, 401 Andover Street, North Andover Massachusetts, 01845." Prepared by Christensen Engineering Inc., 114 ~enoza Avenue, Haverhill, MA, dated February 25, 1986, with revisions through January 5, 1987, and recorded in Essex North Registry of Deeds as Plan #10567. John McGarry and Others Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/20/93 Planning Board Recommendation: Favorable Action. Citizen Petition Motion Petitioner will MOVE the article. 58 ARTICI~ 47. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will vote to accept Tiffany Lane as a public way, said Tiffany Lane is shown on a definitive subdivision plan approved by the Town of North Andover Planning Board on June 2, 1988, and recorded with the Essex County North District Registry of Deeds as Plan #11162. Peter. G. Shaheen and Others Board of Selectmen Recommendation: To be made at Town. Meeting. Planning Board Recommendation: To be made at Town Meeting. Unfavorable Action. 4/29/93 Citizen Petition Motion Petitioner will MOVE the article. 59 ARTICLE 48. ROADWAY ACCEPTANCE - BREWSTER STREET. To see if the Town will vote to accept Brewster Street as public way. Brewster Street, from Peters Street to Cotuit Street, as shown on plans entitled "North Andover Hillside, North Andover, Essex Co., Mass; owned by A. J. Landry. Formerly owned by Sarah E. Farnham." Dated December, 1924. Prepared by Ernest W. Branch, Civil Engineer, 11 Adams Building, Quincy, MA, and recorded in the Essex North Registry of Deeds, as Plan # 597. The roadway is also shown on a plan entitled "Plan of Land in North Andover, MA" dated October 3, 1984, and recorded in the Essex North Registry of Deeds, as Plan # 9870. Wm. F. Gennarelli and Others Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action - 4/20/93 Planning Board Recommendation: Unfavorable Action. Citizen Petition Motion Petitioner will MOVE the article. MOVE to accept Brewster Street as public way. Brewster Street, from Peters Street to Cotuit Street, as shown on plans entitled "Plan of Land in North Andover, MA" dated October 3, 1984, and recorded in the Essex North Registry of Deeds, as Plan # 9870. 60 ARTICLE 49. ROADWAY ACCEPTANCE - JETWOOD STREET. To see if the Town will vote to accept Jetwood Street as a public way. Jetwood Street, as shown on "Plan of Waverly West Park, North Andover, Massachusetts," dated June, 1906, as recorded at the North Essex Registry of Deeds, Plan #463. Dann R. Nicolosi and Others Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action 4/20/93 Plannin9 Board Recommendation: Unfavorable Action. Citizen Petition Motion Petitioner will MOVE the article. 61 ARTIC~ 50. ROADWAY ACCEPTANCE - ENGLISH CIRCLE - To see if the Town will vote to accept the roadway, as a public way, namely "English Circle" as shown on a plan of land entitled "English Circle" in North Andover, Massachusetts, as part of a definitive plan drawn for Gene L. English, dated August, 1989, revised September, 1989, by Merrimack Engineering Services, Andover, Massachusetts being plan #11878, as recorded in the Essex North Registry of Deeds, consisting of 5 acres. Located from station 0-00 to Station 3-54.72. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. Citizen Petition Motion Petitioner will MOVE the article. 62 ARTICLE 51. ROADWAY ACCEPTANCE - PHIIJ,IPS COMMON. To see if the Town will vote to accept the roadway as a public way, namely Phillips Common, as shown on sheet 2 of 6 of a plan entitled "Special Permit and Definitive Plan, Phillips Common, North Andover, Massachusetts, Owner and Developer: Phillips Common Realty Trust, P.O. Box 6700, North Andover, Massachusetts, 01845", dated October 10, 1991, revised November 18, 1991, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through six (1-6), filed with the Essex North Registry of Deeds as Plan Number 11998. Located from Station - to Station 16-94-51. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action 4/26/93 Planning Board Recommendation: Unfavorable Action. Citizen Petition Motion Petitioner will MOVE the article. 63 ARTICLE 52. ACCEPTANCE OF PARCEL OF LAND ENTITLED PHILLIPS COMMON. To see if the Town will vote to accept a parcel of land located on Osgood Street and Massachusetts Avenue shown on a plan entitled "Phillips Common" as referred to as "Open Space" dated October 10, 1991, revised November 18, 1991, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through six (1-6) filed with the Essex North Registry of Deeds, as Plan number 11998. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: To be made at Town Meeting. Favorable Action. 4./20/93 Citizen Petition Motion Petitioner will MOVE the article. 64 ARTICLE 53. ~CQUISITION OF EASEMRNT - LOIS H.DEMERS. To see if the Town will vote to authorize the Board of Selectmen to acquire from Lois H. Demers by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 33 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a drill hole in a stone wall at the northerly side of Winter Street (a private way), said point being 504 ± feet easterly of Bridle Path Road, thence; S 81-36-04 W Along Winter Street, a distance of 14 44 feet to a point, thence; N 10-06-37 E Through land of Demers, a distance of 7.57 feet to a point at land of Joseph A. Scully and Francis M. Scully, thence; S 67-35-32 Along land of Joseph A. Scully and Francis M. Scully, a distance of 14.01 feet to a drill hole at the northerly side of Winter Street and the point of beginning. The above described easement premises contains 52 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Lois H. Demers by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, znstalling, repairing, and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 33 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the northerly side line of Winter Street, said point being 489 ± feet easterly of Bridle Path Road, thence; S 81-36-04 W N 10-06-37 E Along Winter Street, a distance of 21.09 feet to a point at land of Lois H. Demers, thence; A distance of 18.62 feet to a point at land of Joseph A. Scully and Francis M. Scully, the last course through land of said Demers, thence; 65 S 67-35-32 E Along' land of said Joseph A. Scully, a distance of 20.47 feet to a point, thence; S 10-06-37 W Through land of said Demers, a distance of 7.57 feet to a point at the northerly side of Winter Street and the point of beginning. The above described temporary easement contains 262 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Public Works Dir., Division of Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 66 ARTICLR 54. ACQUISITION OF EASEMENT - STEPHEN SCULLY. To see if the Town will vote to authorize the Board of Selectmen to acquire from Stephen J. Scully by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 20 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the southerly side of Great Pond Road and land of Stephen J. Scully, said point being 976 ~ feet easterly of Bridle Path Road, thence; S 14-38-13 W A distance of 340.13 feet to a point, thence; S 45-28-35 W A distance of 192.73 feet to a point, thence; S 52-28-17 W N 42-10-06 W A distance of 50.16 feet to a point at land of Joseph A. Scully and Francis M. Scully, the last (3) courses through land of Stephen J. Scully, thence; Along land of said Joseph A. Scully, a distance of 20.07 feet to a point, thence; N 52-28-17 E A distance of 50.59 feet to a point, thence; N 45-28-35 E A distance of 185.97 feet to a point, thence; N 14-38-13 E N 72-15-11 E N 44-40-22 E A distance of 303.44 feet to a point on a stone wall at the southerly side of Great Pond Road, the last (3) courses through land of Stephen J. Scully, thence; A distance of 3.69 feet to a point, thence; A distance of 33.73 feet to a point of beginning, the last (2) courses along the southerly side of Great Pond Road. The above described easement premises contains 11,202 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Stephen J. Scully by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is 67 a portion of parcel 20 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point at the southerly side of Great Pond Road, said point being 939 ± feet easterly of Bridle Path Road, thence; S 14-38-13 W A distance of 303.44 feet to a point, thence; S 45-28-35 W A distance of 185.97 feet to a point, thence; S 52-28-17 W A distance of 50.59 feet to a point at land of Joseph A. Scully and Francis M. Scully, the last (3) course through land of Stephen J. Scully, thence; N 42-10-06 W Along land of said Joseph A. Scully, a distance of 21.90 feet, thence; N 71-50-55 E A distance of 5.50 feet to a point, thence; N 52-28-17 E A distance of 45.97 feet to a point, thence; N 14,38-13 E A distance of 28.5.24 feet to a point on a stone wall at the southerly side of Great Pond Road, the last (4) courses through land of said Stephen J. Scully, thence; N 72-15-11 E Along the southerly side of Great Pond Road, distance of 23.68 feet to the point of beginning; The above described temporary easement square feet more or less. contains 10,556 Furthermore,the vote authorizes the Board of SeleCtmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, 68 or otherwise the land, as described in the article; and further, to appropriate the sum of $ 3,700 by transferring $ 3,700 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 69 ARTICLE 55. ACQUISITION OF EASEMENT - JOSEPH A. SCULLY AND FRANCIS M. SCULLY. To see if the Town will vote to authorize the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 110 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at the point on the easterly property line of land of Joseph A. Scully and Francis M. Scully, said point being 315.56 feet and S 41-10-06 E of a drill hole in a stone wall at the southerly side of Great Pond Road, thence; S 52-28-17 W A distance of 20.80 feet to a point, thence; S 10-06-37 W A distance of 55.58 feet to a point on a stone wall at the northerly side of Winter Street (a private way), the last (2) courses through land of Joseph A. Scully, thence; S 86-02-13 W Along Winter Street, a distance of 6.50 feet to a drill hole on a stone wall at land of Lois H. Demers, thence; N 67-35-32 W Along land of said Demers, a distance of 41.73 feet to a point, thence; N 22-24-28 E A distance of 59.83 feet to a point, thence; N 71-50-55 E A distance of 36.88 feet to a point at land of Stephen J. Scully, the land (2) courses through land of said Joseph A. Scully, thence; S 42-10-06 E Along land of Stephen J. Scully, a distance of 20.07 feet to the point of beginning; The above described easement premises contains 3,110 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 70 110 on Assessors 'Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at the point on the easterly property-line at land of Joseph A. Scully and Francis M. Scully, said point beginning 295.49 feet and S 42-10-06 E, from. a drill hole on a stone wall at the southerly side of Great Pond Road, thence; S 71-50-55 W A distance of 36.88 feet to a point, thence; S 22-24-28 W A distance of 59.83 feet to a point at land of Lois H. Demers, the last (2) courses through land of said Joseph S. Scully, and along the sewer easement, thence; N 67-35-32 W Along land of said Demers, a distance of 20.00 feet to a point, thence; N 22-24-28 E A distance of 69.04 feet to a point, thence; N 71-50-55 E A distance of 37.17 feet to a point at land of Stephen J. Scully, the last (2) courses through land of Joseph A. Scully, thence; S 42-10-06 E Along land of said Stephen J. Scully, a distance of 21.90 feet to the point of beginning. The above described temporary easement contains 2,029 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 9,500 by transferring $ 9,500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 71 ARTICLE 56. ACQUISITION OF EASEMENT - JAMES S. AND MARGARET L. WALKER. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 115 on Assessors Map 103 (hereinafter "easement premises") as known on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road land and land of James S. Walker and Margaret L. Walker, said point being 365.15 feet and S 19-00-08 E from a drill hole in a stone bound at the southerly side of Winter Street (a private way), thence; N 70-59-52 E Through land of said Walker, a distance of 209.55 feet, to a drill hole in a stone wall at land of Santo Messina and Anne Messina, thence; S 02-37-19 E Along land of said Messina a distance of 20.85 feet, thence; S 70-59-52 W N 19-00-08 W Through land of said Walker, a distance of 203.67 feet to a point at the easterly side of Bridle Path Road, thence; Along Bridle Path Road, a distance for 20.00 feet to the point of beginning; The above described easement premises contains 3,906 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker by gift, grant, purchase, eminent domain, or otherwise a temporary construction easement for the purpose of constructing, installing, repairing, and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 115 on Assessors Map 103 (hereinafter ,,temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road and land of James S. Walker and Margaret L. Walker, said point being 345.15 feet and S 19-00-08 E from a drill hole in a stone bound at the southerly side of Winter Street (a private way), thence; 72 N 70-59-52 E Through land of said Walker, a distance of 181.04 feet to a point at other land of said Walker, thence; S 73-56-44 E Along other land of said Walker, a distance of 34.82 feet to a drill hole in a stone wall, thence; S 70-59-52 W Through land of said Walker, a distance of 209.55 feet to a point at the easterly side of Bridle Path Road, thence; N 19-00-08 W Along Bridle Path Road, a distance of 20.00 feet to the point of beginning. The above described temporary easement contains 4,132 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 1,000 by transferring $ 1,000 from Article #8 - Item 31 of the 1992 Annual~'~zf/~T~~'· ~ 73 ARTICLE 57. ACQUISITION OF EASEMENTS - SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 124 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way) and land of Santo Messina and Anne Messina, said point being 499 ± feet easterly of Bridle Path Road, thence; S 10-06-37 W A distance of 156.17 feet to a point, thence; S 37-38-54 W S 70-59-52 W A distance of 130.87 feet to a point, thence; A distance of 66.62 feet to a point on a stone wall at land of James S. Walker and Margaret L. Walker, the last (3) courses through land of said Messina, thence; N 02-37-19 W Along land of said Walker, a distance of 20.85 feet to a drill hole at an angle point in a stone wall', thence; N 70-59-52 E Through land of said Messina, a distance of 54.75 feet to a point, thence; N 37-38-54 E A distance of 119.98 feet to a point, thence; N 10-06-37 E A distance of 145.64 feet to a point on a stone wall at the southerly side of Winter Street, the last (2) courses through land of Messina, thence; S 84-22-23 E Along Winter Street, a distance of 20.78 feet to the point of beginning, the last (4) courses through land of said Messina. The above described easement premises contains 6,740 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing 74 and maintaining all' sewer facilities located in, along and upon the area which is a portion of parcel 124 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way),, said point being 472 feet ± easterly of Bridle Path Road, thence; S 10-06-37 W S 37-38-54 W N 70-59-52 W N 37-38-54 E N 70-59-52 E N 37-38-54 E N 10-06-37 E S 84-22-23 E Along the sewer easement and through land of Santo Messina and Anne Messina, a distance of 145.64 feet, to a point, thence; A distance of 119.98 feet to a point, thence; A distance of 54.75 feet to a drill hole on a stone wall at land of James S. Walker and Margaret L. Walker, thence; Along land of said Walker, a distance of 36.38 feet to a point, thence; A distance of 18.37 feet to a point; thence; A distance of 109.09 feet to a point; thence; A distance of 135.10 feet to a point on a stone wall at the southerly side of Winter Street, the last three (3) courses through land of Messina, thence; Along Winter Street, a distance of 20.78 feet to the point of beginning. The above described temporary easement contains 5,829 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. ARTICLE 58. 'ACQUISITION OF EASEMENT - LOIS H. DEMERS, JOSEPH A. SCULLY, FRANCIS M. SCULLY, SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Lois H. Demers, Joseph A. Scully, and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of Winter Street (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way), said point being 478 ~ feet easterly of Bridle Path Road, thence; S 84-22-23 W Along Winter Street and through land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through land of said Messina and Lois H. Demers, a distance of 35.65 feet to a point on a stone wall at the northerly side of Winter Street, the last course through Winter Street, thence; N 81-36-04 E Along Winter Street through land of said Demers, a distance of 14.44 feet to a drill hole in a stone wall at land of Joseph A. and Francis M. Scutly, thence; N 86-02-13 E Along Winter Street and through land of said Scully, a distance of 6.50 feet to a point, thence; S 10-06-37 W Through land of said Scully and said Messina, a distance of 36.18 feet to the point of beginning, the last course through Winter Street The above described easement premises contain 722 square feet more or less. The Town further authorizes the Board of Selectmen to acquire form Lois H. Demers, Joseph A. Scully and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is another portion of Winter Street (hereinafter 76 "temporary easement 'premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way, said point being 457 ± feet easterly of Bridle Path Road,) thence; S 84-22-23 W Along Winter Street and land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through Winter Street and land of said Messina and Lois H. Demers, a distance of 34.59 feet to a point at the northerly side of Winter Street, thence; N 81-36-04 E Along Winter Street and through land of said Demers, a distance of 21.09 feet to a point at said easement premises, thence; S 10-06-37 W Through Winter Street and land of said Demers and said Messina, a distance of 35.65 feet to the point of beginning. The above described temporary easement contains 702 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions, or take any other action relative thereto. · George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article. ~'~. ~ ~ 77 ARTICLE 59. ACQUISITION OF EASEMENT ~ JOSEPH A. SCULLYAND FRANCIS M. SCUIJ~, STEP}~N J. SCUTJ~, SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully, Stephen J. Scully, and Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and upon the area marked "W-2" (hereinafter "easement premises"). W-2 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenber§ Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the southwesterly corner of said easement premises and land of Santo and Anne Messina, said point being 9.33 feet and N 10-06-37 E of the southerly sideline of Winter Street, thence; N 10-06-37 E Through Winter Street and through land of said Messina and Joseph A. and Francis M. Scully a distance of 20.02 feet to a point; thence; S 82-28-03 E S 07-31-57 W Through land of said Joseph Scully and Stephen J. Scully a distance of 92.59 feet to a point, thence; Through land of Stephen Scully, a distance for 20.00 feet to a point, thence; N 82-28-03 W ThroUgh land of Stephen Scully and Santo and Anne Messina a distance of 91.74 feet to a Point of Beginning, the last (3) courses through Winter Street. The above described easement premises contains 1,843 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto~ ~ . ~~rec~o~ George Perna, ion of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4./26/93 Planning Board Recommendation: Favorable Action. 78 Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article. 79 ARTICLE 60. ACQUISITION OF EASEMENT - JAMES S. AND MARGARET WALKER. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret Walker by gift, grant, purchase, eminent domain, or otherwise a temporary construction easement for the purposes of constructing, installing, repairing and maintaining all sewer facilities, in, along, and upon the area which is a portion of parcel 23 on Assessors Map 103 ("hereinafter temporary easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a drill hole at lands of James S. Walker and Margaret L. Walker and of Santo Messina and Anne Messina, said point being 209.55 feet and N 70-59-52 E of the easterly side of Bridle Path Road, thence; N 73-56-44 W Along other land of said Walker, a distance of 34.82 feet to a point, thence; N 70-59-52 E Through land of said Walker, a distance of 58.89 feet to a point, at land of said Messina, thence; S 37-38-54 W Along land of said Messina, a distance of 36.38 feet to a drill hole and the point of beginning. The above described temporary easement premises contains 589 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase, eminent domain, or otherwise the land, as described in the article; and further, to appropriate the sum of $ 500 by transferring $ 500 from Article #8 - Item 31 of the 1992 Annual Town Meeting. 80 ARTIC~ 61. ACQUISITION OF EASEMENT - JAMES S. WALKER AND MARGARET L. WALKER; LOIS H. DEMERS, AND SANTO AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker; Lois H. Demers and Santo and Anne Messina a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and .upon the area marked "W-l" (hereinafter "easements premises"). W-1 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road and land of James S. and Margaret L. Walker, said point being 9.64 feet and N 07-51-25 W of a drill hole in a stone wall bound, thence; N 07-51-25 W Along the side of Bridle Path Road and land of said Walker and Lois H. Demers, a distance of 20.96 feet to a point, thence; S 80-26-27 E A distance of 309.50 feet to a point of curvature, thence; Northeasterly Along a curve to the left having a radius 202.75 feet, a distance of 121.76 feet to a point of reverse curvature, thence; Easterly Along a curve to the right having a radius of 126.38 feet, a distance of 54.34 feet to a point, the last (3) courses through Winter Street and land of Demers., thence; S 10-06-37 W Along land of said Demers and Santo and Anne Messina and through Winter Street, a distance of 20.39 feet to a point, thence; Southwesterly Along a curve to the left having a radius of. 106.38 feet, a distance of 43.09 feet to a point of reverse curvature, thence; Westerly Along a curve .to the right having a radius of 222.75 feet, a distance of 133.77 feet, thence; N 80-26-27 A distance of 303.22 feet to a point at the easterly side of Bridle Path Road and the Point of Beginning, the last (3) courses through Winter Street and land of said Messina and James S. Walker and Margaret L. Walker. 81 The above described easement premises contains 9,435 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Planning Board Recommendation: Favorable Action. Board of Selectmen Motion MOVE the Town vote to authorize the Board of Selectmen to acquire from the current owner by gift, grant, purchase,~t~n, or otherwise the land, as described in the article~, ~'~ ~, ~ ~ 82 ARTICLE 62. APPROPRIATION TO FIX DRAINAGE PROBLEMS- WENTWORTH AVENUE. To see if the Town will vote to raise and appropriate the sum of $ 15,000 to be expended under the direction of the Director, Division of Public Works, for the purposes of alleviating an existing drainage problem on Wentworth Avenue. Paula M. Holland and Others Board of Selectmen Reco[~endation: Unfavorable Action. Planning Board Recommendation: Unfavorable Action. Advisory Board Recommendation: To be made at Town Meeting.~ Unfavorable Action. 4/29/93~- Citizen Petition Motion Petitioner will MOVE the article. 83 ARTICLE 63. REZONE PARCELS 219 THROUGH 225 OF MAP 106A (FOREST STREET). To see if the ToWn will vote to rezone parcels 219 through 225 on Assessors Map 106A from two acre to one acre zoning - to the extent that all or any parts of it may not already be grandfathered for one acre zoning. An "environmentally sensitive" preliminary sketch of this property has been submitted to the Technical Review Committee which provides for the elimination of a minimum of three wetland crossings which would otherwise be required to develop this parcel. The plan would also provide for improved fire safety through extension of Town water, and the elimination of several lengthy common driveways. Robert S. Janusz and Others Planning Board Recommendation: Unfavorable Action. It is anticipated that the petitioner will withdraw this article. 84 ARTICLE 64. ZONING - CHANGE ZONING REQUIRE~RNTS FROM TWO ACRE TO ONE ACRE ZONING. To see if the Town will vote to change R-1 from two acre to one acre zoning, with the exception of the Watershed District. EXPLANATION: The high cost of residential development under two acre zoning has resulted in a preference in creating homes on existing roadways rather than to develop residential subdivisions. This has adversely affected the extension of Town water lines thereby creating concerns regarding fire safety, the optimum quality of drinking water for Town residents. Robert S. Janusz and Others Planning Board Recommendation: Unfavorable Action It is anticipated that the petitioner will withdraw this article. 85 ARTICLR 65. RELEASE OF EASEMENT - DBT~ STREET. To see if the Town will vote to release its right, title and interest in a twenty-five (25) foot drainage easement over Lot 2 (2) Dale Street, North Andover, being N/F of Mr. H. Michael Smolak and Stephen M. Smolak being more specifically shown on a "Definitive Plan of Land of Orchard Path Estates located in North Andover, Massachusetts", dated August 29, . 1986, Richard F. Kaminski & Associates, which plan is recorded with the Essex North Registry of Deeds as Plan # 10669. Michael & Stephen M. Smolak Planning Board Recommendation: To be made at Town Meeting. Favorable Action. 4/20/93 Planninq Board Motion Petitioner will MOVE the article. 86 ARTICLR 66. REZONE - OSGOOD STREET, To see is the Town will vote to rezone a parcel of land located at 1~70 Osgood Street, shown as lot #47 on Assessors Map #35, containing 2.16 acres (also see deed book 1577 pages 216-219), from Industrial 2 Zone to Business 2 zone. Richard A. Augeri & Others Planning Board Recommendation: Planning Board Motion To be made at Town Meeting. Favorable Action. 4/20/93 MOVE the article, as printed in the warrant. 87 ARTICLE 67. ~CQUISITION OF EASEb~RNT - THE TOWN FARM. To see if the Town will vote to authorize the Selectman and Town Manager to petition the Massachusetts Legislature for a special act to permit the Town to grant an Easement through a portion of land known as the "The Town Farm" under the care and custody of the Conservation Commission of the Town of North Andover to the Town of North Andover, through its Board of Selectmen as follows: The perpetual right and easement to install, construct, reconstruct, replace and repair, maintain, use, and operate and inspect water, sewer, and utility lines across, under and upon a twenty (20) foot wide strip of land between Blue Ridge Road and South Bradford Road shown on a plan of land entitled "Modified Subdivision Plan Coventry Estates II North Andover, Massachusetts dated March 8, 1993" which twenty (20) foot wide strip is shown on sheet 5 of said plans and is part of a parcel of land situated on the southerly side of land owned by the Town of North Andover adjacent to the said Blue Ridge Road; This easement shall also include the perpetual right and easement to at any time and from time to time, to renew, add to, replace, repair, remove, 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. The Town of North Andover acting through its Boards and Commissions shall retain the right to specify the location and alignment of said water, sewer, and utility lines. Shawn Slattery and Others Planning Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Citizen Petition Motion Petitioner will MOVE the article. 88 ARTICLE 68. APPROPRIATION TO CONSERVATION FUND. To see if the Town will vote to raise and appropriate the sum of $ 5,000 to be placed in the Conservation fund to be expended under the direction of the Conservation Commission for the purposes of acquisition of land for conservation or watershed protection purposes or other related purposes as authorized by Section 8C of Chapter 40 of the Massachusetts General Laws. Sylvie Rice and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recommendation: Unfavorable Action. Planning Board Recommendation: Favorable Action. Citizen Petition Motion Petitioner will MOVE the article. 89 ARTICLE 69. AMENDMENT TO WETLANDS BYLAW. To see if the Town will vote to amend Chapter 178 of the Code of North Andover, the Wetlands Protection Bylaw, to re-number the existing Section 178.11 to become Section 178.12 and to add a new Section 178.11 entitled "Consultant Services Account". This new Section will read: Upon receipt of a permit application, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the consultant fee. The specific consultant services may include but are not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and Environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to the town to be put into a consultant services account of the Commission which may be drawn upon the Commission for specific consultant services approved by the Commission at one of its public meetings. The exercise of discretion by the Commission in making its determination to require the payment of a fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for making an objective decision. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: ProjeCt Cost UP TO $ 5oo,0oo $ 500,001 $ 1,000,~01 $ 1,500,001 - $ 1,000,000 - $ 1,500,000 - $ 2,000,000 Maximum FEE $ 2,500 $ 5,000 $ 7)500 $ 10,000 Each additional $500,000 project cost increment (over $ 2,000,000) shall be charged at an additional $ 2,500 maximum fee per increment. The project cost means the estimated, entire ¸90 cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Unfavorable Action - 4/26/93 Planning Board Recommendation: To be made at Town Meeting. Favorable Action with amendments. These amendments can be found in the MOTION. 4/29/93 Conservation Commission Motion MOVE to see if the Town will vote to adopt this bylaw with the following language to be inserted at the end of the article: "The specific consultation services will be limited to review of drainage analysis, storm water management, water quality, wetland delineation, wildlife habitat evaluation, and erosion control measures. These services will only be required when the applicant and the Commission cannot come to mutual agreement on a critical issue which requires technical knowledge or expertise not available to the Commission. The determining use of these funds will be reviewed and approved based on the specific need for outside consultation by the Director of the Division of Planning & Community Development. 91 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 16th day of April, Nineteen Hundred and Ninety-Three. NORTh{AND OVER BOARD OF SELE~ Martha Larson, Chairman Kenneth C. Crouch Sean J. Fountain John P. Savastano Donald B. Stewart, Clerk Attest ............ - ........ Constable North Andover, Massachusetts ATTEST: A True Copy Daniel Long, Town Clerk 92 cost of the project ingluding, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. Conservation Commission VOTED unanimously language: to adopt this bylaw with the following Delete "Each additional $500,000 project cost increment (over $2,000,000) shall be charged at an additional $2,500 maximum fee per increment." and insert at the end of the article: "The maximum fee required under this authority will be $10,000 per project. The specific consultation services will be limited to review of drainage analysis, storm water management, water quality, wetland delineation, wildlife habitat evaluation, and erosion control measures. These services will only be required when the applicant and the Commission cannot come to mutual agreement on a critical issue which requires technical knowledge or expertise not available to the Commission. The determining use of these funds will be reviewed and approved based on the specific need for outside consultation by the Director of the Division of Planning & Community Development." 88 ARTICLE 28. A~RNDMENT TO BUILDING PERMIT FEES. To see if the Town will vote to amend Section 77-1 of the Bylaw of the Town of North Andover "Building Construction" by adding Paragraph E, the following: Building Permit Fees for municipally owned buildings and structures may be waived only by the Board of Selectmen. The amended Paragraph E will read as follows: "Building permit fees shall not be required for municipally owned buildings and structures. Building Permit fees for municipally owned buildings and structures may be waived only by the Board of Selectmen. In all cases fees will be required for mechanical and utility permits." Division of Planning & Community Development Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. Advisory Board Motion MOVE to adopt this article, as printed in the warrant. VOTED UNANIMOUS TO ADOPT AS AMENDED. AMENDMENT ATTACHED. 34 ART. 28 (AMENDMENT) Building permit fees shall be required for municipally owned buildings and structures. Building permit fees for buildings and structures wholly owned by the Town of North Andover may be waived, in whole or in part, only by the Board of Selectmen based on the Board's determination of the benefits accruing to the town from such a waiver. In all cases fees will be required for mechanical and utility permits. ARTICI,R 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previously appropriated articles or accounts. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4,/29/93 Advisory Board Motion: MOYE that the Town VOTE to transfer certain authorized funds from the unexpended balances of: 1989 Annual Town Meeting, Article 12, Item t O-D.P.W Equipment $ 3,634.61 1991 Annual Town Meeting, Article 12, Item 19-D.P.W. Equipment 1,367.00 1992 Annual Town Meeting, Article 8, Item 23-D.P.W. Equipment 26,540.15 1988 Annual Town Meeting, Article 6, Item 7-D.P.W. Equipment 610.36 being the sum of $ 32,152.12 to be added to the following account: 1992 Annual Town Meeting, Article 8, Item 25-D.P.W. Trash Trucks $32,152.12 being the sum of $ 32,152.12, and further, to transfer certain authorized funds from the unexpended balances of: 1990 Annual Town Meeting, Article 19, tern 7-Fire-Ambulance danuary, 1991 Special Town Meeting, Article 11 -Fire-Engine 2 1991 Annual Town Meeting, Article 12, tern 9-Fire-Breathing Apparatus 1984 Annual Town Meeting, Article 90-Rt. 114 Study 1987 Annual Town Meeting, Article 61 -Fire-Asbestos Removal 1991 Annual Town Meeting, Article 18-Reserve Fund Insurance Claim Reimbursement -Highway Dept. Insurance Claim Reimbursement -Chapter 80 C.O. A Insurance Claim Reimbursement -Chapter 88 D. P. W. Insurance Claim Reimbursement -Water Dept. 7,452.20 2,493.46 225.80 700.00 600.00. 372.60 22,204.75, 125.75- 8,335.41 250.00 being the sum of $ 42,759.97 to be added to the following accounts: March, 1989 Special Town Meeting, Article 4-Calzetta Land 1991 Annual Town Meeting, Article 12, Item 11 -Franklin School Roof 1991 Annual Town Meeting, Article 12, Item 11 -School-Handicap Elevator 1987 Annual Town Meeting, Article 43-Computer Systems October 5, 1989 Special Town Meeting, Article 3-Town Hall Repairs 1992 Annual Town Meeting, Article 14-D.P.W. Administration - Salaries 1,274.00 562.50. 14.55 14,642.41 2,903.47 23,363.04 being the sum of $ 42,759.97 VOTED UNANIMOUS TO 13 ADOPT THE ARTICLE. ARTICLE 6. FISCAL YEAR 1993 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1993 operating budget from other line items of said budget and from other available funds; or to take any other action relative thereto. Board of Board of Selectmen Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4~/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable ACtion. 4/29/93 Advisory Board Mo~ion: MOVE that the Town VOTE to transfer certain funds, as noted under Article ~ 14 of the May 4, 1992 Annual Town Meeting from the unexpended balances of: Interest on Debt $ 66 General Insurance 82 Treasury - Salaries 6 Gr. Law. Reg. Vocational School - Assessment 3 Planning Department - Salaries 3 Town Manager/Board of Selectmen - Expenses 3 D.P.W. - Gr. Law. Sanitary District - Assessment 75. Health Department - Expenses 2 being a sum of $242,225 to be added to the following accounts: Town Manager/Board of Selectmen - Salaries Treasury - Expenses Employee Benefits Fire Department - Salaries D.P.W. - Admin, & Operations - Salaries Planning Department - Expenses Building Department - Salaries Building Department - Expenses Police Department - Salaries D.P.W. - Water Department - Salaries D.P.W. - Sewer Department - Salaries Legal and Audit School Department - Salaries being a sum of $242,225. 14 VOTED UNANIMOUS TO ADOPT THE ARTICLE. 000.00 000.00 000.00 375.00 500.00 500.00 000.00 850.OO 7,500.00 13,000,00 7,500,00 62,200,00 6,668,00 4,850,00 5,000,00 800,00 5,900.00 17,228.00 6,941,00 56,600.00 48,038,00 TOWN OF NORTH ANDOVER 1993 ANNUAL TOWN MEETING ARTICLE 13 MOTIONS B. To Be Used with a YES Vote on Article 12 I move that the Town vote that the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting, as amended by the vote passed on May 3, 1993 under Article 12 of the 1993 Annual Town Meeting, is hereby amended to read as follows: VOTED: to appropriate $10,000,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services, to be located at the Calzetta Farm site; that to meet this appropriation, the Treasurer, with the approval of the Selectmen, is authorized to borrow $10,000,000 under M.G.L. Chapter 44 or Chapter 645 of the Acts of 1948, as amended; that the Selectmen be and they hereby are authorized to petition the General Court for an act authorizing bond proceeds to be used to pay interest on bonds and notes for up to one year after the project completion date as determined by the Treasurer, if necessary; and that the School Building Committee is authorized to enter into any contracts or take any other action necessary to carry out this project, and that the School Building Committee be required to retain the services of a qualified construction manager to oversee the project. In summary, this motion amends the proviso at the end of the 1992 and 1993 votes by striking the words "provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding, and related expenses until either the State Board of Education approves the project for a State construction grant under said Chapter 645 of the Acts of 1948 as amended or the Town votes to exempt from the limitation on total taxes imposed by M.G.L. Chapter 59 Section 21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the ffrst payment of any state construction grant, if any, under said Chapter 645.". ARTICLE 18. 'AMEND AUT~ORIZATION TO BORROW - VARIOUS ARTICLES. To see if the Town will vote to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $ or to take any action relative thereto. Dir~dtor of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 Advisory Board Motion: MOVE that the Town VOTE to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorizations to borrow under M.G.L. Chapter 44 to be reduced in the total amount of $233,500, as follows: Article 41 of authorization Article 74 of authorization the 1984 Annual Town Meeting to reduce original of $~ for the purpose of water mains to $6;$147,ooo $180,000 /~/~/ ~ c~ the 1985 Annual Town Meeting to reduce original of $350,000 for the'Purpose of water mains to $ 223,000; Article 4 of the March, 1989 Special Town Meeting to reduce original authorization of $952,000 for the purpose of acquiring land to $ 950,000; Article 8, Item 6 of the 1992 Annual Town Meeting to reduce original authorization of $45,000 for the purpose of installation of an exhaust system in the Fire Department to $43,500; and Article 12, Item 22 of the 1991 Annual Town Meeting to reduce original authorization of $270,000 for the purpose of installing fuel storage tanks to $ 200,000. VOTED UNANIMOUS TO ADOPT THE ARTICLE. 23 TOWN OF NORTH ANDOVER DIVISION OF FINANCE TO: FROM: RE: DANIEL LONG, TOWN CLERK KEVIN F. MAHONEY~RECTOR OF FINANCE 1993 ANNUAL TOWN MEETING DATE: JUNE 7,1993 In order to obtain a legal opinion from Bond Counsel, I am requesting that you provide the following: · A certified copy of the return of service for the 1993 annual town meeting showing how and when notice of the meeting was given. · A full newspaper page, or a clipping attached to a publisher's affidavit, showing publication of the warrant. · Certified extracts from the minutes of the 1993 annual town meeting showing: (a) the time and place at which each session convened, up to and including the session at which the bonds were authorized (the extract should show the date of the session at which each of the bond authorizations was voted); (b) the votes adjourning each prior session; and (c) the presence of a quorum at the sessions at which the bonds were authorized. · A certificate indicating the number of registered voters of the town as of the date on which the bonds were authorized. · Two certified copies of the following articles and votes: Articles #5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 21, 24, 25, &26. I would appreciate it if you could provide me this information by Friday, Junel lth. Please call if you have any questions. ARTICLE 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previously appropriated articles or accounts. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Favorable Action. 4/26/93 Advisory Board Recommendation: To be made at Town Meeting. Favorable Action. 4/29/93 5 ARTICLE 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description 1. Office Equipment Sub-Total - Town Accountant Board of Advisory Department Selectmen Board Request Rec(~,~_nd Rec~,~_nd $ 2,000 $ 0 $ 0 $ 2,000 $ 0 $ 0 PUBLIC BUILDINGS: 2. Municipal Buildings Facilities Plan Sub-Total Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk $ 35,000 $ 35,000 $ 0 $ 35,000 $ 35,000 $ 0 $ 54,010 $ 0 $ 0 24,442 12,000 12,000 $ 78,452 $ 12,000 $ 12,000 POLICE DEPARTMENT: 5. Officer Protection Bulletproof Vests 6. Specialty Vehicle Needs 7. Communications Network Sub-Total - Police Dept. $ 27,300 $ 27,300 $ 27,300 34,000 0 0 24,080 24,080 24,080 $ 85,380 $ 51,380 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck $ 9. Replace "Jaws Of Life" 10. 4-Wheel Drive Vehicle Sub-Total - Fire Department $ 390,000 $ 200,000 $ 0 8,988 0 0 23,000 0 0 421,988 $ 200,000 $ 0 SCHOOL DEPARTMENT: 11. Monitoring Device-Underground Tank $ 31,500 12. E.C.C. Chairlift-Bradstreet School 40,000 13. Update Fire Alarm System-Middle School 188,000 14. Replace Windows - Middle School 15. Technology Equipment 16. Update Science Labs - Middle School 17. Floodlights Hayes Stadium 18. Asbestos Abatement - N.A. Schools 19. Boiler & Heating System - ThomSon Sub-Total - School Department 82,750 55,000 75,000 40,000 250,000 100,000 $ 862,25O $ 31,500 $ 31,500 40,000 40,000 188,000 188,000 82,750 82,750 55,000 55,000 75,000 75,000 40,000 40,000 0 0 0 0 $ 512,250 $ 512,250 P UBLICWORKS: 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. Engineering 277,800 $ 212,500 $ 212,500 800,000 750,000 750,000 30,000 30,000 30,000 Department Project Description Board of Advisory Department Selectmen Board Request Reco~-~nd Recom-~nd 23. Sewer System Ext.- Phase 3 GPR 24 25 26 27 28 29 30 31 Sewer System Improvements I/I Carbon Filters Road Improvement Program Ozone System High School Bleachers Treatment Plant Process Controls Recycle Truck/Trucks Bonny Lane - Sewer Improvements Sub-Total - Public Works 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 115,000 22,000 0 0 100,000 0 0 4,500 0 0 125,000 125,000 125,000 160,000 160,000 160,000 $4,359,300 $3,527,500 $3,392,500 Total $5,844,370 $4,338,130 $3,968,130 Planning BoardRe~dations: Line 21 Line 22 Line 23 Line 24 Line 26 Line 31 Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. Favorable Action. 4/20/93 Advisory BoardMotion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Public Buildinqs Item 2. Municipal Buildings Facilities Plan $ 35,000 Town Clerk Item 4. Computer System 12,000 Police Department Item 5. Officer Protection - Bullet Proof Vests Item 7. Communications Network 27,300 24,080 Fire Department Item 8. Replace Engine 3 and Rescue Truck 390,000 School Department Item 11. Monitoring Device-Underground Tank Item 12 Item 13 Item 14 Item 15 Item 16 Item 17 E.C.C. Chairlift-Bradstreet School Update Fire Alarm System-Middle School Replace Windows Middle School Technology Equipment Update Science Labs Middle School Floodlights - Hayes Stadium 31,500 40,000 188,000 82,750 55,000 75,000 40,000 Public Works 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. Engineering 23. Sewer System Ext.- Phase 3 GPR 24. Sewer System Improvemenus I/I 26. Road Improvement Program 30. Recycle Truck/Trucks 31. Bonny Lane - Sewer Improvements 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 160,000 In the total amount of $ 4,393,130; in order to fund items 2, 4, 5, and 7 that the Town raise and appropriate the total amount of $ 98,380 and to provide the necessary appropriation for items 8, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 4,294,750 under Chapter 44 of the Massachusetts General Laws. Article 7, Line 2. Municipal Buildings - VOTED to reduce the amount of $35,000 to zero (0). Line 8. Replace Engine 3 & Rescue Truck of $39,000 to zero (0). VOTED to reduce amount ~OVE that Article 8 be returned to the amount of $ 390,000 provided however, that no debt shall be incurred under this vote until the Town votes to exempt from the limitation total taxes imposed by G.L.C. 59, Paragraph 21C (Prop. 2 1/2) amounts required to pay the principle of and interest on the debt incurred under this vote. SO VOTED In the total amount of $ 4,393,130; in order to fund items 4, 5, and 7 that the Town raise and appropriate the total amount of $ 63,380 and to provide the necessary appropriation for items 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 26, 30, and 31 the Treasurer with the approval of the Board of Selectmen is authorized to borrow $ 3,904,750 under Chapter 44 of the Massachusetts General Laws. ARTIC~ 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description 1. Office Equipment Sub-Total - Town Accountant Board of Advisory Department Selectmen Board Request ~co~m~nd Reco~m~_nd $ 2,000 $ 0 $ 0 $ 2,000 $ 0 $ 0 PUBLIC BUILD~: 2. Municipal Buildings Facilities Plan Sub-Total - Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk $ 35,000 $ 35,000 $ 35v, 000 $ 35,000 $ 35,000 $ 35 000 $ 54,010 $ 0 $ 0 24,442 12,000 12,000 $ 78,452 $ 12,000 $ 12,000 POLICE DEPARTMENT: 5. Officer Protection - Bulletproof Vests 6. Specialty Vehicle Needs 7. Communications Network Sub-Total - Police Dept. $ 27,300 $ 27,300 $ 27,300 34,000 0 0 24,080 24,080 24,080 $ 85,380 $ 51,380 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck $ 390,000 9. Replace "Jaws Of Life" 8,988 10. 4-Wheel Drive Vehicle 23,000 .Sub-Total - Fire Department $ 421,988 $ 200,000 $ 390,000 0 0 0 0 $ 200,000 $ 390,000 SCHOOL DEPARTMENT: Monitoring Device-Underground Tank $ 31,500 E.C.C. Chairlift-Bradstreet School 40,000 Update Fire Alarm System-Middle School 188,000 Replace Windows Middle School Technology Equipment Update Science Labs - Middle School 11 12 13 14 15 16 17. Floodlights - Hayes Stadium 18. Asbestos Abatement - N.A. Schools 19. Boiler & Heating System - Thomson Sub-Total - School Department 82,750 55,000 75,000 40,000 250,000 100,000 $ 862,250 $ 31,500 40 000 188 000 82 750 55 000 75 000 40 000 0 0 $ 512,250 31,500 40,000 188,000 82,750 55,000 75,000 40,000 0 0 $ 512,250 PUBLIC WORKS: 20. Public Works Equipment 21. Water Main Rehab. 22. Water Main Rehab. Engineering 277,800 800,000 30,000 $ 212,500 750,000 30,000 $ 212,500 750,000 30,000 7 Department Project Description Board of Advisory Department Selectmen Board Request Reco~ Re~ 23 24 25 26 27 28 29 30 31 Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/I Carbon Filters Road Improvement Program Ozone System High School Bleachers Treatment Plant Process Controls Recycle Truck/Trucks Bonny Lane - Sewer Improvements Sub-Total - Public Works 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 I15,000 22,000 0 0 100,000 0 0 4,500 0 0 125,000 125,000 125,000 160,000 160,000 160,000 $4,359,300 $3,527,500 $3,392,500 Total $~,844,370 $4,338,130 $4,393,13.0 Planning Board R~com~endations: Line 21. Line 22. Line 23. Line 24. Line 26. Line 31. Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. - Favorable Action. 4/20/93 B~tvisor~ Board Motion MOVE the Town vote that the following sums are appropriated for the following purposes: Purpose Appropriation Public Buildinqs Item 2. Municipal Buildings Facilities Plan $ 35,000 Town Clerk Item 4. Computer System 12,000 Police Department Item 5. Officer Protection - Bullet Proof Vests Item 7. Communications Network 27,300 24,080 Fire Department Item 8. Replace Engine 3 and Rescue Truck 390,000 School Department Item 11. Monitoring Device-Underground Tank Item 12. E.C.C. Chairlift-Bradstreet School Item 13. Update Fire Alarm System-Middle School Item 14. Replace Windows - Middle School Item 15. Technology Equipment Item 16. Update Science Labs - Middle School Item 17. Floodlights - Hayes Stadium 31,500 40,000 188,000 82,750 55,000 75,000 40,000 8 Public Works 20 21 22 23 24 26 30 31 Public Works Equipment Water Main Rehab. Water~ Main Rehab. Engineering Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/I Road Improvement Program Recycle Truck/Trucks Bonny Lane - Sewer Improvements 212,500 750,000 30,000 1,500,000 500,000 115,000 125,000 160,000 In the total amount of $~9~,~ in order to fund items .4, 5, and 7 that the Town raise and appropriate~otal amount of $~ and to provide the necessary appropriation for itemsf~'ll, 12, 13, 14,15~zt~,~ 17, 20, 2i, 22, 23, 24, 26, 30, and 31 the Treasurer ~ith the approval of the Board of Selectmen is authorized to borrow $ 3,904,750 under Chapter 44 of the Massachusetts General Laws. Motion to amend Article 14: I move that all appropriations for all line items set forth as salaries amounts in Article 14 that represent payroll or individual wage increases of more than 2% over amounts paid or accrued in FY93 that result from new collective bargaining agreements or contracts that are being presented to Town Meeting for the first time, be subject to an operating override of Proposition 2 1/2. In addition, all subsequent year increases set forth in these collective bargaining agreements or contracts in excess of 2.5% shall be subject an operating override of Proposition 2 1/2. In the event that a court of competent jurisdiction shall determine that this amendment shall require the Town of No. Andover or the School Committee of No. Andover to layoff personnel to fund wage increases for remaining personnel in excess these limits, this amendment shall be deemed null and void. WARRANT 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, you are hereby required 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 Middle School Veterans Auditorium at 7:30 p.m. on August 18, 1993, for the following purpose: ARTICLE 1. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1994. To see if the Town will vote to amend Article 14 of the 1993 Annual Town Meeting by increasing the appropriation of funds to School Department-Salaries in the amount of $415,920, for a new total School Department-Salaries amount of $12,433,582, and further, by increasing the appropriation of funds to School Department-Expenses in the amount of $134,051, for a new total School Department-Expenses amount of $3,186,043, or take any other action relative thereto. School Committee VOTED unanimously to adopt the article. ARTICLE 2. AMENDMENT TO ARTICt~ 13, 1993, ANNUAL TOWN MEETING (Construction of an Elementary School). To see if the Town will vote to amend the vote passed on May 3, 1993, under Article 13 of the Warrant for the 1993 Annual Town Meeting, authorizing the issue of $10,000,000, school bonds, by adding the following clause at the end of such vote "and further, to authorize the Board of Selectmen to petition the General Court for the passage of an act (a) authorizing the Town to issue bond anticipation notes payable up to five years from their original date without principal payment, (b) to extend the term of borrowing to 25 years, and (c) to authorize approximately level debt service for the amortization of the bonds." or to take any other action relative thereto. Director of Finance VOTED to reject the article. ARTICLE 3. AMENDMENT TO CH. 750 of the Acts of 1968 (Establishment of a Greater Lawrence Sanitary District). To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for the passage of an act amending Ch. 750 of the Acts of Nineteen Hundred and Sixty-Eight, as amended, establishing a Greater Lawrence Sanitary District, by adding thereto a proviso to require the Greater Lawrence Sanitary District to comply with all North Andover Zoning By-Laws, or to take any other action relative thereto. Board of Selectmen Amendment - after the word "By-Laws" insert "and to change from 1 to 2 members to the Greater Lawrence Sanitary District" VOTED to adopt as amended. ARTICLE 4. CAPITAL IMPROVEMENTS TO PUBLIC BUILDINGS-TRANSFER OF FUNDS. To see if the Town will vote to transfer from Article 8, Item 19, of the 1992 Annual Town Meeting titled "Renovation/Addition - Town Hall" the amount of $8,000, for an amended total authorization of $117,000 to Article 12, Item 4b, of the 1991 Annual Town Meeting titled "Capital Improvements to Police Station" for an amended total authorization of $134,000, or to take any other action relative thereto. Board of Selectmen VOTED unanimously to adopt the article. ARTICLE 5. FISCAL YEAR 1994 BUDGET TRANSFERS. To see if the Town will vote to transfer a certain sum of money from the School Building Committee-Salaries Account to the School Building Committee-Expense Account or to take any other action relative thereto. School Building Committee VOTED unanimously to transfer the sum of $2,631.00 from the School Building Committee - Salaries Account for an amended balance of $0o00 to the School Building Committee - Expense Account for an amended amount of $8,441.00. And you are hereby directed to serve this Warrant by posting true and attested copies of this Warrant at the Town Building and at a public place in each voting Precinct in Town. Said copies to be posted not less than fourteen days before the time of said meeting. Hereof fail not and make due return of this Warrant with your doings thereon at the time and place of said meeting to the Town Clerk. Given under our hands at North Andover, Massachusetts, this 19th day of July, 1993. ATTEST A True Copy DANIEL LONG TOWN CLERK Martha J. Larson Kenneth C. Crouch Sean J. Fountain Donald B. Stewart John Savastano CONSTABLE TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING - MAY 3, 1993 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 notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet an the North Andover High School Field House on Monday, May 3, 1993, at 7:00 p.m. then and there to act upon the following articles. ARTICI,R 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 1, 1993. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICI,R 2. REPORT OF RECEIPTS AND EXPENDITURES. To see it/ the Town will vote to accept the reports of receipts a~ expenditures as presented by the Selectmen in the 1992 Ann~a! Town Report. Board of Selectmen Board of selectmen Recommendation: Favorable Action. ARTICI,~ 3. 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 cther 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 100 For each Special Town Meeting 50 Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: salary from $ 2,000 to $ 1,200. Amend Selectmen's per annum J AR~ICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To see if the Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. Board of Selectmen ARTICLE 5. AUTHORIZATION TO TRANSFER UNEXPENDED FUNDS. To see if the Town will vote to transfer unexpended balances of various articles to supplement other previc~sly appropriated articles or accounts. Director-of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 6. FISCAL YEAR 1993 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1993 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 Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICr~ 7. CAPITAL IMPROVEMENTS PLAN APPROPRIATION FOR FISCAL YEAR 1994. 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 Project Description Board of Advisory Department Selectmen Board Request Reccmm~_nd Rec~nend !. Office Equipment Sub-Total - Town Accountant PUBLIC BUILDINGS: 2. Municipal Buildings Facilities Plan Sub-Total - Public Buildings 3. Automated Voting Machines 4. Computer System Sub-Total - Town Clerk POLICE DEPARTMENT: 5. Officer Protection - Bulletproof Vests 6. Specialty Vehicle Needs $ 2,000 $ 0 $ 0 $ 2,000 $ 0 $ 0 3S,0QO $ 35,000 $ 35,0QR 35,000 $ 35,000 $ 35,000 $ 54,010 $ 0 $ 0 24,442 12,0Q,Q 12,0,O,,Q $ 78,452 $ 12,000 $ 12,000 $ 27,300 $ 27,300 $ 27,300 34,000 0 0 10 Depa{~tmen% Proj ecu Description Department Request Board of Selectmen Reco~m~_nd Advisory Board Reco~m~_~ 7. Communications Network Sub-Total - Police Dept. 24,080 24,080 $ 85,380 $ 51,380 24,080 $ 51,380 FIRE DEPARTMENT: 8. Replace Engine 3 & Rescue Truck 9. Replace "Jaws Of Life" 10. 4-Wheel Drive Vehicle Sub-Total - Fire Department $ 390,000 $ 200,000 8,988 0 23,000 0 $ 421,988 $ 200,000 $ 390,000 0 0 $ 390,000 SCHOOL DEPARTMENT: 1! 12 13 14 15 16 17 18 19 Monitoring Device-Underground Tank $ 31,500 E.C.C. Chairlift-Bradstreet School 40,000 Update Fire Alarm System-Middle School 188,000 Replace Windows - Middle School Technology Equipment Update Science Labs - Middle School Floodlights - Hayes Stadium Asbestos Abatement - N.A. Schools Boiler & Heating System - Thomson Sub-Total - School Department $ 31,500 40,000 188,000 82,750 82,750 55,000 55,000 75,000 75,000 40,000 40,000 250,O0O 0 , 100,000 0 $ 862,250 $ 512,250 $ 31,500 40 000 188 000 82 750 55 000 75 000 40 000 0 0 $ 512,250 PUBLIC WORKS: 20 21 22 23 24 25 26 27 28 29 30 31 Public Works Equipment Water Main Rehab. Water Main Rehab. - Engineering Sewer System Ext.- Phase 3 GPR Sewer System Improvements I/! Carbon Filters Road Improvement Program Ozone System High School Bleachers Treatment Plant - Process Controls Recycle Truck/Trucks Bonny Lane - Sewer Improvements Sub-Total - Public Works $ 277,800 $ 212,500 $ 212,500 800,000 750,000 750,000 30,000 30,000 30,000 1,500,000 1,500,000 1,500,000 1,000,000 500,000 500,000 90,000 0 0 250,000 250,000 115,000 22,000 0 0 100,000 0 0 4,500 0 0 125,000 125,000 125,000 160,000 160,000 160,000 $4,359,300 $3,527,500 $3,392,500 Total $5t844~370 $4,338,130 $4~393t!30 Planning Board Recommendations: Line 21 Line 22 Line 23 Line 24 Line 26 Line 31 Favorable Action. Favorable Action. Favorable Action. Favorable Action. To be made at Town Meeting. Favorable Action. II ~ ARTICLE 8. APPROPRIATION OF FUNDS TO PURCHASE RECYCLING TRUCKS. To see if the Town will vote to raise and appropriate the sum of $ 125,000 to be expended under the direction of the Director of Public Works or Town Manager, whoever is appropriate, for the purpose of purchasing recycling trucks. Deborah S. Bernheim & Others Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: Nd Action. ARTICLE 9. CAPITAL IMPROVEMENTS RESERVE FUND. To see if the Town will vote to raise and appropriate the sum of $ 188,000 or any other sum, and to add such amounts to the Capital Improvements Reserve Fund, for the purpose of providing funding for future debt service for approved Capital Improvements projects, or any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 10. WATER TREATMENT PLANT - ~ ACTIVATED CARBON REPLACEMENT FUND. To see if the Town will vote to raise and appropriate $ 50,000, as an addition to the Replacement Fund, to provide for the periodic GAC replacement for the Water Treatment Plant; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 11. REPAIR AND REPLACEMENT OF ROOFS. To see if the Town will vote to transfer from previously appropriated funds the sum of $ 223,202 to be expended under the direction of the School Committee for the purposes of performing all work necessary for the repair or replacement of the roofs at the Atkinson, Kittredge, Thomson, and High School buildings: From available funds allocated to the School Departmenu under Lines 10 and 13 of Article 8, as voted for the Fiscal Year 1993, Capital Improvements Plan: 12 Middle School Roof Repair/Replacement Franklin School Roof Repair/Replacement Total $ 196,206 26,996 $ 223,202 North Andover School Committee Board of Selectmen Recommendation~ Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 12. ELEMENTARY SCHOOL CONSTRUCTION. To see if the Town will vote to amend the vote passed on May 4, 1992, under Article 12 of the warrant for the 1992 Annual Town Meeting, authorizing the issue of $ 10,600,000 school bonds, by amending the proviso at the end of such vote to read as follows: "provided, however, that no debt shall be incurred under this vote, except for planning, design, bidding and related expenses, until either the State Board of Education approves the project for a state construction grant under Chapter 645 of the Acts of 1948 as amended or the Town votes to exempt from the limitation on total taxes imposed by G.L. c.59, §21C (Proposition 2 1/2) amounts required to pay the principal of and interest on debt incurred under this vote, said exemption to apply only to 63% of those principal and interest payments and only until receipt of the first payment of any state construction grant, if any, under said Chapter 645." or to take any other action relative thereto. Board of Selectmen School Committee Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 13. AMENDMENT TO ARTICLE 12, 1992, ANNUAL TOWN MEETING (CONSTRUCTION OF AN EI,RMENTARY SCHOOL). To see if the Town will vote to amend Article 12 of the 1992 Annual Town Meeting, by striking the words "provided, however, that no debt shall be incurred pursuant to this vote except for planning, design, bidding, and related expenses until the State Board of Education approves the project for a State construction grant under said Chapter 645." at the end; or to take any other action relative thereto. Judy Goodwin and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recommendation: Unfavorable Action. 13 / 'ARTICr.~ 14. c4R~IERAL APPROPRIATION ARTICr~ FOR FISCAL YEAR 1994. 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, 1993,' and ending June 30, 1994; or to take any other action relative thereto. Board of Selectmen FY'g3 FY'94 DEPARTMENT BUDGET DEPARTMENT REQUESTS FY '94 BD OF SELECTMEN RECOMMENDATIONS FY '94 ADVISORY BOARD RECOMMENDATIONS GENERAL (;OVERNMENT TOWN MANAGER & BOARD OF SELECTMEN - includes Personnel (Salaries & Expenses) SALARIES $128,710,00 EXPENSES $58,024.00 TOWN ACCOUNTANT SALARIES EXPENSES $113,489.00 $4,350.00 TOWN MODERATOR SALARIES $142,417,00 $53,400,00 $115,798.00 $4,450.00 $142,417.00 $53,400,00 $115,798.00 $6,450.00 $142,417.00 $53,400.00 $115,798.00 $6,450.00 $200.00' $200,00 $200.00 $200.00 ADVISORY BOARD SALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $8,500.00 $8,500.00 $8 300.00 $8.500.00 LEGAL AND AUDIT ~ALARIES $0.00 $0.00 $0.00 $0.00 EXPENSES $90,250.00 $105,000.00 $105,000.00 $i05,000.00 UNCLAS51 FI ED EXPENSES $2,000,00 $2,000,00 $2,000.00 $2,000.00 TOTAL - GENERAL GOVERNMENT SALARIES $,' 4,' ,399 O0 $.~,,8,415.00 EXPENSES $163,t24.00 $173,350.00 $405 ~523.00 $431,765.00 $258,415.00 $175,350.00 $433.765.00 $258,415.00 $175,350.00 $433,765.00 ADMINISTRATION AND FINANCE TREASURY -includesAssessing, Collection& Town Clerk(Salaries& Expenses) SALARIES $398 419.00 $400,645.00 EXPENSES $150,339.00 $222,180.00 $397,878.00 $175,688.00 $397,878,00 $175.688.00 14 DEPARTMENT BUDGET FY '94 DEPARTMENT REQUESTS FY '94 BD OF SELECTMEN RECOMMENDATIONS FY '94 ADVISORY BOARD RECOMMENDATIONS ADMINISTRATION AND FINANCE (con'd) DEBT REDEMPTION EXPENSES INTEREST ON DEBT EXPENSES EMPLOYEE BENEFITS EXPENSES GENERAL INSURANCE EXPENSES $ 1 ,$20,000.00 $ 1,608,899.00 $2,620,070.00 $2,040,000. O0 $ 1,524,433.00 $2,836,599. O0 $517,584.00 $2,040,000.00 $1,524,433.00 $2,867,600,00 $444,000.00 $2,040,000.00 $1,524,433.00 $2,867,600.00 $444,000.00 TOTAL - ADMINISTRATION AND FINANCE SALARI ES EXPENSES $398,419.00 $6,421,808.00 $6,820,227.00 $400,645.00 $7,140,796.00 $7,541,44t.00 $397,878.00 $7,051,721.00 $7,449,599.00 $397,878.00 $7,051,721.00 $7,449,599.00 PUBLIC SAFETY POLICE DEPARTMENT SALARIES EXPENSES FIRE DEPARTMENT SALARIES EXPENSES $1,546,885.00 $184,471.00 $1,887,741,00 $105,611.00 $1,604,149.00 $184,471.00 $1,984,758.00 $t29,576.00 $1,672,789.00 $199,471.00 $1,985,000.00 $105,611,00 $1,672,789.00 $199,471.00 $1,985,000.00 $105,611.00 CIVIL DEFENSE SALARIES $3,904.00 $3,850.00 $3,850.00 $3,850.00 EXPENSES $2,825.00 $2,825.00 $2,825.00 $2,825.00 TOTAL - PUBLIC SAFETY SALARIES EXPENSES $3,438,530. O0 $..-' 9-.' ,907.00. $3,7311437.00 $3,592,757.00 $316,872.00 $3,909,629.00 $,,,061,639.00 $307,907.00 $,,,oo 1,639.00 $307,907.00 $3,969,546.00 $3,969,546.00 i5 DEPARTMENT FY '93 BUDOET FY '94 DEPARTMENT REQUESTS FY '94 BD OF SELECTMEN RECOMMENDATIONS FY '94 ADVISORY BOARD RECOMMENDATIONS EDUCATION SCHOOL DEPARTMENT .SALARIES EXPENSES $11,110,880.00 $3,051,992.00 GR. LAW. REG. VOCATIONAL SCHOOL ASSESSMENT $174,171,00 SCHOOL BUILDINO COMMITTEE SALARIES $2,631.00 EXPENSES $5,810.00 $12,475,787.00 $3,275,421.00 $110,000.00 $2,631.00 $5,810.00 $11,719,642.00 $3,051,992.00 $106,342.00 $2,631.00 $5,810.00 $11,719,642.00 $3,051,992.00 $106,342.00 $2,631.00 $5,810.00 TOTAL - EDUCATION SALARIES EXPENSES $11,115,511.00 $3,231,973.00 $14,$45,484.00 $12,478,418.00 $3,391,231.00 $15,869,649.00 $11,722,273.00 $3,164,144.0Q... $14,886,417.00 $11,722,273.00 $3,164,144.00 $14,886,417.00 PUBLIC WORKS D.P.W. - ADMINISTRATION AND OPERATIONS - includes Street Maint., Refuse Col., Tree, Pks.& 8rnds, Pub. Bldgs. (Salaries & Expenses) SALARIES $735,922. O0 $846,503.00 $823,264.00 EXPENSES $1,080,434.00 $1,243,434.00 $1,205,184.00 INTER-FUND TRANSFERS $0.00 ($1 I0,000.00) ($110,000.00) $823,264.00 $t,205,184.00 ($110,000.00) D. P. W. - WATER DEPARTMENT SALARI ES $271,360.00 EXPENSES $391,000.00 $281,883.00 $391,000.00 $281,883.00 $391,000.00 $281,883.00 $391,000.00 D. P. W. - SEWER DEPARTMENT SALARIES $145,200.00 EXPENSES $1,003,336.00 $126,723.00 $1,080,100.00 $131,723.00 $985,100.00 $131,723.00 $985,100.00 D. P. W. - SNOW REMOVAL SALARIES EXPENSES TOTAL - PUBLIC WORKS SALARIES EXPENSES INTER-FUND TRANSFERS $30,000.00 $94,200.0O $1,182,482.00 $2,568,970.00 $0.00 $3,751,452.00 $30,000.00 $94,200.00 $1,285,109.00 $2,808,754.00 ($110,000.00) $3,983,843.00 $30,000.00 $94,200.00 $1,266,870.00 $2,675,484.00 ($110,000.00) $3,832,554.00 $30,000.00 $94,200.00 $1,266,870.00 $2,675,484.00 ($110,000.00) $5,832,554.00 16 FY' '93 FY '94 FY '94 DEPARTMENT BUDGET DEPARTMENT BD OF SELECTMEN REQUESTS RECOMMENDATIONS FY '94 ADVISORY BOARD RECOMMENDATIONS PLANNING AND COMMUNITY DEVELOPMENT PLANNING DEPARTMENT - includes Bldg., Health, Con. Comm. & Bd of Appeals (Salaries & Expenses) ,SALARIES $348,704.00 $3'96,204.00 $388,263.00 EXPENSES $50,640.45 $37,927.00 $30,302.00 INDUSTRIAL DEVELOPMENT COMMISSION EXPENSES $1,521.55 $388,263.00 $30,302.00 $2,500.00 $2,500.00 $2,500.00 TOTAL - PLANNING & COMM. DEYEL. SALARIES $348,704.00 $396,204.00 $388,263.00 EXPENSES $52,162.00 $40,427.00 $32,802.00 $400,866.00 $436,631.00 $421,065.00 $388,263.00 $32,8O2.OO $421,065.00 HUMAN SERVICES COUNCIL ON AGING ,SALARIES EXPENSES $84,140.60 $12,108.40 $86,478.00 $12,108.00 YOUTH ,SERYICE$ ,SALARIES EXPENSES $57,260.00 $14,100.00 $57,967.00 $14,115.00 VETERANS SERVICES - includes Graves Registration (,Salaries & Expenses) ~LARIES $400.00 $400.00 EXPENSES $27,550.00 $27,700.00 COMMUNITY CENTER ,SALARIES $0.00 $0.00 EXPENSES $0.00 $0.00 STEVENS MEMORIAL LIBRARY SALARIES $213,345.00 EXPENSES $92,187.00 ,STATE AID $0.00 $215,316.00 $108,470.00 ($19,643.00) $87,734.00 $12,108.00 $58,573.00 $13,115.00 $400.00 $27,700.00 $0.00 $o.oo $217,761.00 $108,470.00 ($19,643.00) $87,734.00 $12,108.00 $58,573.00 $13,115.00 $400.00 $27,700.0O $o.oo $o.oo $217,761.00 $108,470.00 ($19,643.00) 17 DEPARTMENT FY '93 BUDGET FY '94 DEPARTMENT REQUESTS FY '94 BD OF SELECTMEN RECOMMENDATIONS FY '94 ADVISORY BOARD RECOMMENDATIONS HUMAN SERVICES (con't) RECREATION SALARIES EXPENSES HISTORICAL COMMISSION EXPENSES $I$,000.00 $16,000.00 $600.00 $15,000.00 $16,000.00 $800.00 $15,000.00 $16,000.00 $800.00 $15,000.00 $16,000.00 $8OO.0O TOTAL - HUMAN SERVICES SALARIES EXPENSES STATE AID $370,145.60 $162,545.40 $o.oo $532,691.00 $375,16t.00 $179,193,00 ($19,643.00) $534,711.00 $379,468.00 $178,193.00 ($19,645.00) $538,018.00 $379,468.00 $178,193.00 ($19,643.00) $538,018.00 SUMMARY SALARIES EXPENSES OTHER-OFFSETS $17,094,190.60 $12,89'5,489.40 $0.00 $18,786,709.00 $14,050,603.00 ($129,645.00) $18,074,806.00 $13,585,601.00 ($129,645.00) $18,074,806.00 $13,585,601.00 ($t29,645.00) ORAND TOTAL $29,987,680.00 $32,707,669.00 $31,530,764.00 $51.550.764.00 18 ARTICL~ 15. TRANSFER SCHOOL DEPARTMENT UNENCUMBERED SALARY ACCOUNTS. To see if the Town will vote to transfer to the School Department's FY '.94 Salary Account from FY '93 unencumbered salary accounts. Town Manager Board of Selectmen Recommendation~ To be made at Town Meeting. Advisory Board Recommendation: T~ be made at Town Meeting. ARTICLE 16. ADOPT A BYLAW IN ACCORDANCE WITH THE PROVISIONS OF M.G.L. CHAPTER 40, SECTION 57. To see if the Town will vote to amend the Bylaw of the Town of North Andover by adopting the following bylaw: The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any:hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this Bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collector that the 19 party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate. do Any party shall be given an opportunity to enter into a payment agreement, thereby %llowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satiDfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of M.G.L. Chapter two hundred and sixty-eight in the business or activity conducted in or on said property. This bylaw shall not apply to the following licenses and permits issued under the following M.G.L. Chapters: open burning, section thirteen of chapter forty-eight; bicycle permits, section eleven A of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty; fishing, hunting, trapping license, section twelve of chapter one· hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits, section one hundred and eighty-one of chapter one hundred forty. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICI,R 17. AUTHORIZATION OF M.G.L. CHAPTER 90 - HIGHWAY FUNDS. To see if the Town will vote to appropriate $ 360,578 for M.G.L. Chapter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer, with the approval of the Board of Selectmen, to borrow $ 360,578 of Chapter 90, Highway Funds, in 2O anticipation of State reimbursement under M.G.L. Chapter Section 6A. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: F~vorable Action. ARTICLE 18. AMEND AUTHORIZATION TO BORROW - VARIOUS ARTICLES. To see if the Town will vote to reduce authorizations to borrow as originally voted under various articles and currently unissued, said authorization to borrow under M.G.L. Chapter 44, Section 7(3) to be reduced in the amount of $ or to take any action relative thereto. Director of Finance Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 19. ACCEPTANCE OF EEO MONEY. To see if the Town will vote to accept the EEO (Equal Educational Opportunity) Grant as awarded for FY 94 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 Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation.: Favorable Action. ARTICI,R 20. ACCEPTANCE OF EEO MONEY. 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 Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. 21 ARTICL~ 21. RESERVE FUND. To see if the Town will vote to raise and appropriate $ 75,000 to fund the Reserve Fund; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation~ Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICI~ 22. LOTTERY AID REVENUES. To see if the Town will vote to instruct its representatives to the General Court to support an amendment to the FY '94 state budget to guarantee the cities and towns receive the full $47 million growth in lottery revenues. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICI,R 23. GAS TAX REVENUE SHARING ACT/LOCAL ROADS FUND. To see if the Town of North Andover will instruct its representatives to the General Court to support legislation filed by the Massachusetts Municipal Association that would establish in state law a Local Roads Fund in order to ensure a fair and predictable share of state gas tax collections for distribution to cities and towns for use on local roads. · Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 24. TELECOMMUNICATIONS CONTRACT - LRASE AGREEMENT. To see if the Town will vote to authorize the Town Manager, with the approval of the Board of Selectmen, to enter into a lease or lease/purchase contract for a telecommunications system for a term not to exceed five (5) years, pursuant, to M.G.L. Ch. 30B, or to take any other action relative thereto. Director of Finance Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: No Action. 22 ARTICLE 25. EARLY RETIREMENT INCENTIVE. To see if the Town will vote to adopt the provisions of Chapter 399 of the Acts of 1992 relating to an .eariy retirement incentive. Finance Director Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 26. AMRND~ TO CAPITAL IMPROVEMENT PLAN APPROPRIATION FOR FISCAL YEAR 1992, AS VOTED UNDER ARTICLE 12 OF THE 1991 ANNUAL TOWN MEETING. To see if the Town will vote to amend the vote passed under Article 12 of the warrant for the 1991 Annual Town Meeting which appropriated various sums, as recommended by the Advisory Board for Capital Improvements, by changing the figure "$ 2,282,306" to "$ 2,394,306" in order to correct a mathematical error; or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 27. ADOPTION OF PERSONNEL BY-LAW. To see if the Town will vote to amend the Town of North Andover Personnel Bylaw, as previously adopted at the May, 1992, Annual Town Meeting, as follows: By deleting Schedule B-1 - Compensation Plan and adding the following: SCHEDULE B-1 - COMPENSATION PLAN Compensation Grade Min II III IV MAX S-4 S-5 S-6 S-7 S-8 S-9 S-10 S-Ii S-12 S-13 8 74 9 01 9 40 9 81 10 18 10 64 1i 10 11 59 12 08 12 60 9.11 9 35 9 73 10 15 10 59 10 84 11 51 12 00 12 51 13 06 9 40 9 67 10 09 10 53 10 93 11 41 1! 89 12 42 12 96 13 54 23 9.73 10 00 10 40 10 93 11 34 11 80 12 33 12 86 13 43 14 03 I0 O6 10 35 10 78 1! 23 1! 70 12 20 12 74 13 29 13 88 14 50 By deleting Schedule B-2 - Compensation Plan and adding the following: SCHEDUI,R B-2 - COMPENSATION PLAN S-14 24,787 25,723 26,657 27,599 28,566 S-15 25,871 26,844 27,819 28,832 29,845 S-16 27,031 28,042 29,091 30,141 31,189 S-17 28,492 29,573 30,662 31,772 32,866 S-18 30,031 31,189 32,345 33,485 34,668 S-19 31,635 32,866 34,106 35,347 36,577 S-20 33,354 34,668 35,983 37,291 38,597 S-21 39,388 40,586 42,157 43,537 44,922 S-22 45,689 47,080 48,903 48,914 52,111 3. By deleting Schedule C, Police Department (Non-Union Employees and Schedule D, Fire Department (Non-Union Employees) and adding the following: SCHEDUI,W. C - PUBLIC SAFETY (NON-UNION EMPLOYEES) S-P 9.04 9.28 9.65 10.00 10.32 PS-DISP 9.48 9.81 10.17 10.57 10.85 PS-DISP. SUPV. 11.69 12.10 12.54 12.99 13.42 P-LT. EO (Annually) 46,307 By adding the following position classification and compensation grade to Schedule A "Classification of Position by Division and Compensation Grade Schedule" Public Safety Police Lieutenant - Executive Officer P - Lt. EO Public Works Assistant Director of Public Works S-22 Operations Supervisor S-21 Staff Engineer S-20 Human Services Youth Service Worker S-9 Public Health Nurse Misc. By deleting the following positions classification and compensation grade from Schedule A "Classification of Positions by Division and Compensation Grade Schedule. 24 o Public Works Director of Engineering and Administration S-2! Superintendent of Highways, Utilities, Operations Assistant Superintendent of Highways utilities, Operations Superintendent of Public Works To add to Schedule E - Misc. Compensation (Part-Time) the following: Public Health Nurse S-22 S-20 S-20 $ 20/hour Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. D~RTICLE 28. AS~NDMEAVf TO BUILDING PERMIT FEES. To see if the Town will vote to amend Section 77-1 of the Bylaw of the Town of North Andover "Building Construction" by adding Paragraph E, the following: Building Permit Fees for municipally owned buildings and structures may be waived only by the Board of Selectmen. The amended Paragraph E will read as follows: "Building permit fees shall not be required for municipally owned buildings and structures. Building Permit fees for municipally owned buildings and structures may be waived only by the Board of Selectmen. In all cases fees will be required for mechanical and utility permits." Division of Planning & Community Development Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: Favorable Action. ARTICLE 29. WETLANDS PROTECTION FUND. To see if the Town will vote to appropriate a sum of money from the Wetland Filing Fees Account to be-used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. Conservation Commission Board of Selectmen Recommendation~ Favorable Action. Planning Board Recommendation: F~vorable Action. ARTICLE 30. LITIGATION SETTLRMRNT PROCEEDS - BEAR HILL RESERVOIRS. To see if the Town will vote to apply litigation settlement proceeds relating to the Bear Hill Reservoirs litigation to Item #28, Article #8, of the 1992 Annual Town Meeting relating to the appropriation for improvements to the Bear Hill storage tanks. Town Manager Board of Selectmen Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 31. ACQUISITION OF LAND - ROUTE 114 AT MILL ROAD/WIIJ~W STREET. To see if the Town will vote to acquire by purchase, donation, eminent domain, or otherwise, the fee or any lesser interest in Parcel Nos. 1, 2, 3, 4, 5 and 6 identified on a plan entitled "Plan of Mill Road and Willow Street in North Andover, MA., Essex County, Altered and Laid Out as a Town Highway" dated April 7, 1993, and prepared by Vanasse Hangen Brustlin, Inc., which is on file in the Town Clerk's Office, to be acquired for the purpose of construction and roadway safety improvements to the intersection of Route 114 with Mill Road/Willow Street; and further to raise and appropriate, transfer from available funds, the cost of acquisition and any associated expenses connected with this project, or to take any action relative thereto. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. Advisory Board Recommendation: To be made at Town Meeting. ARTICI,R 32. RETURN OF FUNDS TO FIRST CITY DEVELOPMENT. To see if the Town will vote to transfer $ 40,000 from escrow funds, held in the name of the Town of North Andover for Newcastle Estates to First City Development Corporation. The funds were held by the Conservation Commission, as security for work now 26 fully performed by First City Development in accordance with the Order of Conditions issued by the Conservation Commission for Coventry Estates -' Phase II on 9/24/87, or take any action related thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. PlanninG Board Recommendation: Favorable Action. ARTICLE 33. MODIFICATION OF ZONING BYLAW, SECTION 8.5. To see if the Town will vote to amend its Zoning Bylaw Section 8.5, Planned Residential Development (PRD), as follows: Renumber paragraph 8.5 (6) D to 8.5 (6) C Redefine "Buffer Zone" in the renumbered paragraph 8.5 (6) C to read: Buffer Zone: A fifty-foot border from the parcel boundary running the full length of the perimeter of the parcel. No structure shall be built within the Buffer Zone. Pre-existing structures may be allowed to remain, if approved as part of this PRD Special Permit granted by the Planning Board. The Buffer Zone shall remain in zts natural state except; trees and/or shrubs may be added to improve the buffer characteristic of the Zone, and (2) roadways perpendicular or nearly perpendicular to the Zone may be installed to access the Site, if approved as part of this PRD Special Permit granted by the Planning Board. Such. roadways shall be minimized within the context of sound subdivision planning practices. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 34. AMEND~ TO ZONING BYLAW - SECTION 4.132. see if the Town will vote to amend the Zoning Bylaw, specifically by deleting Section 4.132, Paragraph 1t renumbering paragraph 12 respectively. To more and through 17 to read 11 through 16 Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. 27 ARTICLE 35. AMENDMENT TO ZONING BYLAW - SECTION 4.133. To see if the Town will vote to amend the Zoning Bylaw, more specifically by deleting Section 4.133, Paragraph 11 and renumbering paragraph 12 through 23 to read 11 through 22 respectively. Planning Board Board of Selectmen Recommendation~ Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLE 36. AM~ND~ TO ZONING BYLAW - SECTION 4.122. To see if the Town will vote to amend the Zoning Bylaw, more specifically Section 4.122, Paragraph 6.b by adding the following language (that which is underlined): b o On 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 additional animal or bird; but not the keeping of any animals, birds or pets of persons not resident on such lot. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICI.R 37. AMRND~ TO ZONING BYLAW - SECTION 2.22.1 - To see if the Town will vote to amend the Zoning Bylaw by deleting Section 2.22.1, Family Suite, as it is repetitive of Section 2.37.1, which was approved at the May, 1987, Town Meeting and approved by the Attorney General. 'Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. ARTICLR 38. AM~N-D~ OF ZONING BYLAW. To see if the Town will vote to amend its Zoning Bylaws by changing the zoning map of the Town from R-2 to I-1 for the hereinafter described parcel of land. That portion of Parcel 75 and Parcel 80 on the current North Andover Assessors's Map 25, which is Southerly of the present zoning line. Said parcels in their entirety are shown to contain 31.23 acres. The portion of the Parcel that is presently zoned R-2 contains approximately 8.25 acres. The portion that is Southerly of the present zoning line is generally bounded and described according to said Assessors's Map as follows: 28 EASTERLY: SOUTHERLY: EASTERLY: SOUTHERLY: WESTERLY: SOUTHERLY: WESTERLY: NORTHERLY: .By land of ARC Corporation and land of Alison J. Novello; by land of Alison J. Novello; by land of Alison J. Novello; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; by land of the Trustees of Reservations; and by other land.of Business Park Trust and land of WOR Associates Limited Partnership. Planning Board Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 39. AMRNDMENT ZONING BYLAW AND MAP - SECTION 4.137. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map, Section 4.137, Flood Plain District to read as follows: 1. Flood Plain District: The Flood Plain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, Section 2102, "Flood Resistant Construction." The Flood Plain District includes 'all special flood hazard areas designated as Zone A, Al-30 on the North Andover Flood Insurance Rate Maps (FIRM), and the Flood Boundary and Floodway Maps, dated June 2, 1993 on file with the Town Clerk, Planning Board, Conservation Commission, and Building Inspector. These maps, as well as the accompanying North Andover Flood Insurance Study, are incorporated herein by reference. 2. Purpose: The purposes of the Flood Plain District are: a. Ensure public safety through reducing the threats to life and personal injury. b. Eliminate new hazards to emergency response officials; c. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; e. Eliminate costs associated with the response and cleanup of flooding conditions; f. Reduce damage to public and private property resulting from flooding waters. o o Base Flood Elevation and Floodway Data Floodway Data. In Zone A, Al-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodw~ys which would result in any increase in flood levels-within the community during the occurrence of the base [lood discharge. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones. Notification of Watercourse Alteration: Notify in a riverine situation, the following of any alteration or relocation of a watercourse: a. Adja'cent Communities b. NFIP State Coordinator Massachusetts Office of Water Resources 100 Cambridge Street Boston, MA 02202 c. NFIP Program Specialist FEMA Region I, Rm. 462 J.W. McCormack Post Office & Courthouse Boston, MA 02109 Existing Regulations: Ail development in the District including structural and non-structural activities whether permitted by right or by special permit must be in compliance with the following: J b ~ Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 2102.0, "Flood Resistant Construction"); Wetlands~ Protection Regulations, Department of Environmental Protection (DEP)(currently 310 CMR t0.00); Inland Wetlands Restriction, DEP (currently 302 CMR 6.00); Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations. Development Regulations: Within Zone A of the Flood Plain District, where base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood-proofing requirements, as appropriate, of the State Building Code. In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: a. Ail encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer zs provided by the applicant demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the 100 year flood. b. Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code. Ail subdivision proposals must be reviewed to assure that: a) b) c) such proposals minimize flood damage; all public utilities and facilities are located and constructed to mznimize or eliminate flood damage; and adequate drainage is provided to reduce exposure to flood hazards. 5. Permitted Uses The following uses on low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment: a. Agricultural uses such as farming, grazing, truck farming, horticulture, etc. b. Forestry and nursery uses. c. Outdoor recreational uses, including fishing, boating, play areas, etc. d. Conservation of water, plants, wildlife. e. Wildlife management areas, foot bicycle and/or horse paths. f. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. g. Buildings lawfully existing prior to the adoption of these provisions. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 31 ARTICLE 40. AMRND~ OF ZONING BYLAW - POLITICAL SIGNS. To see if the Town will vote to amend the Zoning Bylaw by removing the following Paragraph, as it may relate to the regulation of Signs and outdoor Lighting: Paragraph 6.7.6 No political sign shall be maintained or erected in the Town and replacing it with the following: Temporary signs pertaining to a candidate or ballot questions appearing on the ballot of an election duly called in the Town of North Andover shall require no sign permit and shall be allowed in all zoning districts. Such signs permitted by this Bylaw: a o c o shall only be permitted on private property; shall not exceed six (6) square feet in area per sign and shall not exceed in aggregate twenty-four (24) square feet in area per lot; shall not be higher than three (3) feet above ground level; shall be stationary and shall not be illuminated; shall be erected no sooner than thirty (30) days prior to the date of the election and shall be removed within three (3) days after the election. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICL~ 41. AMENDMENT TO GENERAL BYLAWS - GASOLINE STATIONS. To see if the Town.will vote to amend Chapter 117-2 of the General By-laws of the town, by deleting the existing Section 117-2 in its entirety and substituting the following: Gasoline stations may be operated as either full service, where gasoline is pumped by employees holding the nozzle; self-service where gasoline is generally pumped by the customer holding the nozzle; or a combination of full-service and self-service, provided that such gasoline stations meet all applicable requirements of law. E. Haffner Fournier and Others Board of Selectmen Recommendation: Unfavorable Action. Planning Board Recommendation: Favorable Action. 32 ARTICLE 42. GARBAGE, RUBBISH & REFUSE. To see if the Town will vote to add the following sections to Chapter 115 of the North Andover By-laws "Garbage, Rubbish & Refuse" 115-5. Refuse Restricted Activity. To be in compliance with the State solid waste facility regulation 310 CMR 19.017 & DPW's Guidance Documen~ #7 (DSWM Guidance SWM-7-9/92), the Town of North Andover enacts a mandatory bylaw, which states as of April. l, 1993, the following will not be allowed in the garbage, rubbish & refuse/trash: Glass Containers: Glass bottles and jars (soda-lime glass) but excluding light bulbs, pyrex cookware, plate glass, drinking glasses, windows, windshields and ceramics: Metal Containers: Aluminum, steel or bi-metal beverage and food containers, including scrap metal. Yard Waste: Grass clippings, weeds, garden materials, shrub trimmings, and brush 1" or less in diameter (excluding diseased plants); Leaves: Deciduous and coniferous leaf deposition; Lead Acid/ Batteries: Lead-acid batteries used in motor vehicles or stationary applications; White Goods: Large appliances including: refrigerators, freezers, dish washers, clothes washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters; Whole Tires: Unshredded motor vehicle tires of all types. (A shredded tire is a tire which has been cut, sliced, or ground into four or more pieces such that the circular form of the tire has been eliminated.) 115-6. Penalties Any or all of the items listed in 115-5 commingled with garbage, rubbish, or refuse will be reason for the Division of Public Works or its agents to refuse to pick up such commingled items from that dwelling. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. 33 ARTICLE 43. ROAD ACCEPTANCE - BONNY LANE. To see if the Town will vote to accept the roadway as a public way, namely Bonny Lane from Station 0-00 to Station 16+41.27 as shown on a plan entitled "Definitive Plan of Hardtcourt Estates located in North Andover, Massachusetts", prepared by Frank C. Gelinas & Associates, 451 Andover Street, North Andover, Mass., prepared for John War!ick, Box 216, North Andover, MA, dated Jan. 10, 1979, sheets 1 through 3 and recorded at the Essex North Registry of Deeds as Plan # 8223. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 44. ROADWAY ACCEPTANCE - HAWKINS LANE. To see if the Town will vote to accept the roadway, as a public way, namely Hawkins Lane from Station 0+0 to Station 6+0, as shown on a plan entitled Definitive Subdivision Plan of Salem Forest III located in North Andover, Massachusetts", prepared by Thomas E. Neve Associates, Inc., 447 Old Boston Road, U.S. Route #1, Topsfietd, Massachusetts, 01983, prepared for George H. and Wanda H. Farr, 263 Raleigh Tavern Lane, North Andover, Massachusetts, 01845, dated November 26, 1986, revised November 6, 1987, Sheet 3 of 4 and recorded in the Essex North Registry of Deeds, as Plan # 10973. North Andover Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICI,R 45. ROADWAY ACCEPTANCE - WOODCHUCK LANE. To see if the Town will vote to accept the roadway, as a public way, namely Woodchuck Lane from Station 0+0 to Station 2+29.83, as shown on a plan entitled "Definitive Plan of Land of Woodchuck Lane., Located in North Andover, Massachusetts; Owner George & Wanda Farr, 1289 Salem Street, North Andover, MA 01845; Applicant Barco Corp., 1 Westward Circle, North Reading, MA 01864" Prepared by Frank C. Gelinas & Associates, 451 Andover Street, North Andover, MA, dated April 30, 1980, revised July 18, 1980, and recorded in the Essex North Registry of Deeds, as Plan # 8427. North Andover Planning Board Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 34 ARTICI,R 46. ROADWAY ACCEPTANCE - HOTJ~ RIDGE. To see if the Town will vote to accept the roadway as a public way, namely Holly Ridge from Station 0+00 to Station 11+70 as shown on a plan entitled "Definitive Subdivision Plan of Deerfield Lane in North Andover, Massachusetts. Applicant Coolidge Realty Trust, 401 Andover Street, North Andover Massachusetts, 01845." Prepared by Christensen Engineering Inc., 114 Kenoza Avenue, Haverhill, MA, dated February 25, 1986, with revisions through January 5, 1987, and recorded in Essex North Registry of Deeds as Plan #10567. John McGarry and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 47. ROADWAY ACCEPTANCE - TIFFANY LANE. To see if the Town will vote to accept Tiffany Lane as a public way, said Tiffany Lane is shown on a definitive subdivision plan approved by the Town of North Andover Planning Board on June 2, 1988, and recorded with the Essex County North District Registry of Deeds as Plan #11162. Peter G. Shaheen and Others Board of Selectmen RecommendatiOn: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 48. ROADWAY ACCEPTANCE - BREWSTER STREET. To see if the Town will vote to accept Brewster Street as public way. Brewster Street, from Peters Street to Cotuit Street, as shown on plans entitled "North Andover Hillside, North Andover, Essex Co., Mass; owned by A. J. Landry. Formerly owned by Sarah E. Farnham." Dated December, 1924. Prepared by Ernest W. Branch, Civil Engineer, 11 Adams Building, Quincy, MA, and recorded in the Essex North Registry of Deeds, as Plan # 597. The roadway is also shown on a plan entitled "Plan of Land in North Andover, MA" dated October 3, 1984, and recorded in the Essex North Registry of Deeds, as Plan # 9870. Wm. F. Gennarelli and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Unfavorable Action. 35 ARTICI,R 49. ROADWAY ACCEPTANCE - JETWOOD STREET. To see if the Town will vote to accept Jetwood Street as a public way. Jetwood Street, as shown on "Plan of Waverly West Park, North Andover, Massachusetts," dated June, 1906, as recorded at the North Essex Registry of Deeds, Plan #463. Damn. R. Nicolosi and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Unfavorable Action. ARTICI,R 50. ROADWAY ACCEPTANCE - ENGLISH CIRCLE - To see if the Town will vote to accept the roadway, as a public way, namely "English Circle" as shown on a plan of land entitled "English Circle" in North Andover, Massachusetts, as part of a definitive plan drawn for Gene L. English, dated August, 1989, revised September, 1989, by Merrimack Engineering Services, Andover, Massachusetts being plan #11878, as recorded in the Essex North Registry of Deeds, consisting of 5 acres. Located from station 0-00 to Station 3-54.72. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 51. ROADWAY ACCEPTANCE - PHITJ,IPS COMMON. To see if the Town will vote to accept the roadway as a public way, namely Phillips Common, .as shown on sheet 2 of 6 of a plan entitled "Special Permit and Definitive Plan, Phillips Common, North Andover, Massachusetts, Owner and Developer: Phillips Common Realty Trust, P.O. Box 6700, North Andover, Massachusetts, 01845", dated October 10, 1991, revised November 18, 1991, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through six (1-6), filed with the Essex North Registry of Deeds as Plan Number 11998. Located from Station - to Station 16-94-51. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Unfavorable Action. ARTICLE 52. ACCEPTANCE OF PARCEL OF LAND ENTITLED PHILt,IPS COMMON. To see if the Town will vote to accept a parcel of land located on Osgood Street and Massachusetts Avenue shown on a plan entitled "Phillips Common" as referred to as "Open Space" dated 36 octbber 10, 1991, irevised November 18, 1991, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through six (1-6) filed with the Essex North Registry of Deeds, as Plan number 11998. Brian Lawlor and Others Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. ARTICLE 53. ACQUISITION OF EASEMENT - LOIS H.DEMERS. To see if the Town will vote to authorize the Board of Selectmen to acquire from Lois H. Demers by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 33 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a drill hole in a stone wall at the northerly side of Winter Street (a private way), said point being 504 ± feet easterly of Bridle Path Road, thence; S 81-36-04 W Along Winter Street, a distance of 14.44 feet to a point, thence; N 10-06-37 E Through land of Demers, a distance of 7.57 feet to a point at land of Joseph A. Scully and Francis M. Scully, thence; S 67-35-32 Along land of Joseph A. Sculiy and Francis M. Scully, a distance of 14.01 feet to a drill hole at the northerly side of Winter Street and the point of beginning. The above described easement premises contains 52 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Lois H. Demers by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing, and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 33 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the northerly side line of Winter Street, said point being 489 ± feet easterly of Bridle Path Road, thence; S 81-36-04 W Along Winter Street, a distance of 21.09 feet to a point at land of Lois H. Demers, thence; N 10-06-37 E A distance of 18.62 feet to a point at land of Joseph A. Scully and Francis M. ScullY, the last course through land of said Demers, thence; S 67-35-32 E Along land of said Joseph A. Scully, a distance of 20.47 feet to a point, thence; S 10-06-37 W Through land of said Demers, a distance of 7.57 feet to a point at the northerly side of Winter Street and the point of beginning. The above described temporary easement contains 262 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Public Works Dir., Division of Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLR 54. ACQUISITION OF EASEMENT - STEPB-RN SCULLY. To see if the Town will vote to authorize the Board of Selectmen to acquire from Stephen J. Scully by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 20 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the southerly side of Great Pond Road and land of Stephen J. Scul!y, said point being 976 ± feet easterly of Bridle Path Road, thence; ~ S ~4-3'8-13 W A distance of 340.13 feet to a point, thence; S 45-28-35 W A distance of 192.73 feet to a point, thence; S 52-28-17 W A distance of 50.16 feet to a point at land of Joseph A. Scully and Francis M. Scully, the last (3) courses through land of Stephen J. Scully, thence; N 42-10-06 W Along land of said. Joseph A. Scully, a distance of 20.07 feet to a point, thence; N 52-28-17 E A distance of 50.59 feet to a point, thence; N 45-28-35 E A distance of 185.97 feet to a point, thence; N 14-38-13 E A distance of 303.44 feet to a point on a stone wall at the southerly side of Great Pond Road, the last (3) courses through land of Stephen J. Scully, thence; N 72-15-11 E A distance of 3.69 feet to a point, thence; N 44-40-22 E A distance of 33.73 feet to a point of beginnzng, the last (2) courses along the southerly side of Great Pond Road. The above described easement premises contains 11,202 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Stephen J. Scully by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 20 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point at the southerly side of Great Pond Road, said point being 939 ± feet easterly of Bridle Path Road, thence; S 14-38-13 W A distance of 303.44 feet to a point, thence; S 45-28-35 W A distance of 185.97 feet to a point, thence; S 52-28-17 W A distance of 50.59 feet to a point at land of Joseph A. Scu!ly and Francis M. Scul!y, the last (3) course through land of Stephen J. Scul!y, thence; 39 N ~2-i0-06 W Along land of said Joseph A. Scully, a distance of 21.90 feet, thence; N 71-50-55 E A distance of 5.50 feet to a point, thence; N 52-28-17 E A distance of 45.97 feet to a point, thence; N 14-38-13 E A distance of 285 24 feet to a point on a stone wall at the southerly side of Great Pond Road, the last (4) courses through land of said Stephen J. Scully, thence; N 72-15-11 E Along the southerly side of Great Pond Road, distance of 23.68 feet to the point of beginning; The above described temporary easement contains square feet more or less. 10,556 Furthermore,the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 55. ACQUISITION OF EASE~B~NT - JOSEPH A. SCULLY AND FRANCIS M. SCULLY. To see if the Town will vote to authorize the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 110 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at the point on the easterly property line of land of Joseph A. Scully and Francis M. Scully, said point being 315.56 feet and S 41-10-06 E of a drill hole in a stone wall at the southerly side of Great Pond Road, thence; S 52-28-17 W A distance of 20.80 feet to a point, thence; 4O S 10-06-37 W A distance of 55.58 feet to a point on a stone wall at the northerly side' of Winter Street (a private way), the last (2) courses through land of Joseph A. Scully, thence; S 86-02-13 W Along Winter Street, a distance of 6.50 feet to a drill hole on a stone wall at land of Lois H. Demers, thence; N 67-35-32 W Along land of said Demers, a distance of 41.73 feet to a point, thence; N 22-24-28 E A distance of 59.83 feet to a point, thence; N 71-50-55 E A distance of 36.88 feet to a point at land of Stephen J. ScullY, the land (2) courses through land of said Joseph A. Scully, thence; S 42-10-06 E Along land of Stephen J. Scully, a distance of 20.07 feet to the point of beginning; The above described easement premises contains 3,110 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 110 on Assessors .Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at the point on the easterly property-line at land of Joseph A. Scully and Francis M. Scully, said point beginning 295.49 feet and S 42-10-06 E, from a drill hole on a stone wall at the southerly side of Great Pond Road, thence; S 71-50-55 W A distance of 36.88 feet to a point, thence; S 22-24-28 W A distance of 59.83 feet to a point at land of Lois H. Demers, the last (2) courses through land of said Joseph S. Scully, and along the sewer easement, thence; N 67-35-32 W Along land of said Demers, a distance of 20.00 feet to a point, thence; N 22-24-28 E A distance of 69.04 feet to a point, thence; N 71-50-55 E A distance of 37.17 feet to a point at land of Stephen J. Scully, the last (2) courses through land of Joseph A. Scully, thence; S 42-10-06 E Along land of said Stephen J. Scully, a distance of 21.90 feet to the point of beginning. The above described temporary easement contains 2,029 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Pe£na, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICr,R 56. ACQUISITION OF EASE~,~qT - JAMES S. AND MARGARET L. WALKER. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of parcel 115 on Assessors Map 103 (hereinafter "easement premises") as known on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road land and land of James S. Walker and Margaret L. Walker, said point being 365.15 feet and S 19-00-08 E from a drill hole in a stone bound at the southerly side of Winter Street (a private way), thence; N 70-59-52 E Through land of said Walker, a distance of 209.55 feet, to a drill hole in a stone wall at land of Santo Messina and Anne Messina, thence; S 02-37-19 E Along land of said Messina a distance of 20.85 feet, thence; S 70-59-52 W Through land of said Walker, a distance of 203.67 feet to a point at the easterly side of Bridle Path Road, thence; N 19-00-08 W Along Bridle Path Road, a distance for 20.00 feet to the point of beginning; The above described easement premises contains 3,906 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from James S. Walker a~d Margaret L. Walker by gift, grant, purchase, eminent domain, or otherwise a temporary construction easement for the purpose of constructing, installing, repairing, and maintaining all sewer facilities located in, along and upon the area which is a portion of parcel 115 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road and land of James S. Walker and Margaret L. Walker, said point being 345.15 feet and S 19-00-08 E from a drill hole in a stone bound at the southerly side of Winter Street (a private way), thence; N 70-59-52 E Through land of said Walker, a distance of 181.04 feet to a point at other land of said Walker, thence; S 73-56-44 E Along other land of said Walker, a distance of 34.82 feet to a drill hole in a stone wall, thence; S 70-59-52 W Through land of said Walker, a distance of 209.55 feet to a point at the easterly side of Bridle Path Road, thence; N 19-00-08 W Along Bridle Path Road, a distance of 20.00 feet to the point of beginning. The above described temporary easement contains 4,132 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 57. ACQUISITION OF EASEMENTS - SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along,, and upon the area which is a portion of parcel 124 on Assessors Map 103 (hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15~ 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way) and land of Santo Messina and Anne Messina, said point being 499 ± feet easterly of Bridle Path Road, thence; S 10-06-37 W A distance of 156.17 feet to a point, thence; S 37-38-54 W A distance of 130.87 feet to a point, thence; S 70-59-52 W A distance of 66.62 feet to a point on a stone wall at land of James S. Walker and Margaret L. Walker, the last (3) courses through land of said Messina, thence; N 02-37-19 W Along land of said Walker, a distance of 20.85 feet to a drill hole at an angle point in a stone wall~, thence; N 70-59-52 E Through land of said Messina, a distance of 54.75 feet to a point, thence; N 37-38-54 E A distance of 119.98 feet to a point, thence; N 10-06-37 E A distance of 145.64 feet to a point on a stone wall at the southerly side of Winter Street, the last (2) courses through land of Messina, thence; S 84-22-23 E Along Winter Street, a distance of 20.78 feet to the point of beginning, the last (4) courses through land of said Messina. The above described easement premises contains 6,740 square feet more or less. The Town further authorizes the Board of Selectmen to acquire from Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing 44 and maintaining all sewer facilities located in, along and upon the area which is a' portion of parcel 124 on Assessors Map 103 (hereinafter "temporary easement premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way)., said point being 472 feet ~ easterly of Bridle Path Road, thence; S 10-06-37 W Along the sewer easement and through land of Santo Messina and Anne Messina, a distance of 145.64 feet, to a point, thence; S 37-38-54 W A distance of 119.98 feet to a point, thence; N 70-59-52 W A distance of 54.75 feet to a drill hole on a stone wall at land of James S. Walker and Margaret L. Walker, thence; N 37-38-54 E Along land of said Walker, a distance of 36.38 feet to a point, thence; N 70-59-52 E A distance of 18.37 feet to a point; thence; N 37-38-54 E A distance of 109.09 feet to a point; thence; N 10-06-37 E A distance of 135.10 feet to a point on a stone wall at the southerly side of Winter Street, the last three (3) courses through land of Messina, thence; S 84-22-23 E Along Winter Street, a distance of 20.78 feet to the point of beginning. The above described temporary easement contains 5,829 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLR 58. '.ACQUISITION OF EASEMENT - LOIS H. DEMERS, JOSEPH A. SCULLY, FRANCIS M. SCULLY, SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Lois H. Demers, Joseph A. Scully, and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for the purposes of surveying, constructing, operating, maintaining, removing, replacing or abandoning in place and controlling a sewer, in, along, and upon the area which is a portion of Winter Street ~hereinafter "easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way), said point being 478 ± feet easterly of Bridle Path Road, thence; S 84-22-23 W Along Winter Street and through land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through land of said Messina and Lois H. Demers, a distance of 35.65 feet to a point on a stone wall at the northerly side of Winter Street, the last course through Winter Street, thence; N 81-36-04 E Along Winter Street through land of said Demers, a distance of 14.44 feet to a drill hole in a stone wall at land of Joseph A. and Francis M. Scully, thence; N 86-02-13 E Along Winter Street and through land of said Scully, a distance of 6.50 feet to a point, thence; S 10-06-37 W Through land of said Scully and said Messina, a distance of 36.18 feet to the point of beginning, the last course through Winter Street The above described easement premises contain 722 square feet more or less. The Town further aUthorizes the Board of Selectmen to acquire form Lois H. Demers, Joseph A. Scully and Francis M. Scully, Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a temporary construction easement for the purpose of constructing, installing, repairing and maintaining all sewer facilities located in, along and upon the area which is another portion of Winter Street (hereinafter "temporary easement 'premises"), bounded and described, according to said plan, as follows: Beginning at a point on a stone wall at the southerly side of Winter Street (a private way, said point being 457 ± feet easterly of Bridle Path Road,) thence; S 84-22-23 W Along Winter Street and land of Santo and Anne Messina, a distance of 20.78 feet to a point, thence; N 10-06-37 E Through Winter Street and land of said Messina and Lois H. Demers, a distance of 34.59 feet to a point at the northerly side of Winter Street, thence; N 81-36-04 E Along Winter Street and through land of said Demers, a distance of 21.09 feet to a point at said easement premises, thence; S 10-06-37 W Through Winter Street and land of said Demers and said Messina, a distance of 35.65 feet to the point of beginning. The above described temporary easement contains 702 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions, or take any other action relative thereto. · George Perna, Director, Division of 'Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 59. ACQUISITION OF EASEMENT - JOSEPH A. SCUIJ~ AND FRANCIS M. SCUIJ~, STEP}B~N J. SCULLY, SANTO MESSINA AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from Joseph A. Scully and Francis M. Scully, Stephen J. Scully, and Santo Messina and Anne Messina by gift, grant, purchase, eminent domain or otherwise a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and upon the area marked "W-2" (hereinafter "easement premises"). W-2 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: t inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the southwesterly corner of said easement premises and land of Santo and Anne Messina, said point being 9.33 feet and N 10-06-37 E of the southerly sideline of Winter Street, thence; N 10-06-37 E Through Winter Street and through land of said Messina and Joseph A. and Francis M. Scully a distance of 20.02 feet to a point; thence; S 82-28-03 E Through land of said Joseph Scully and Stephen J. Scully a distance of 92.59 feet to a point, thence; S 07-31-57 W Through land of Stephen Scully, a distance for 20.00 feet to a point, thence; N 82-28-03 W Through land of Stephen Scully and Santo and Anne Messina a distance of 91.74 feet to a Point of Beginning, the last (3) courses through Winter Street. The above described easement premises contains 1,843 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. .George Perna, Director, Division of 'Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 60. ACQUISITION OF EASEMENT - JAMES S. AND MARGARET WALKER. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret Walker by gift, grant, purchase, eminent domain, or otherwise a temporary construction easement for the purposes of constructing, installing, repairing and maintaining all sewer facilities, in, along, and upon the area which is a portion of parcel 23 on Assessors Map 103 ("hereinafter temporary easement premises") as shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a drill hole at lands of James S. Walker and Margaret L. Walker and of Santo Messina and Anne Messina, said point being 209.55 feet and N 70-59-52 E of the easterly side of Bridle Path Road, thence; N 73-56-44 W Along other land 'of said Walker, a distance of 34.82 feet to a point, thence; N 70-59-52 E Through land of said Walker, a distance of 58.89 feet to a point, at land of said Messina, thence; S 37-38-54 W Along land of said Messina, a distance of 36.38 feet to a drill hole and the point of beginning. The above described temporary easement premises contains 589 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. ARTICLE 61. ACQUISITI°N OF EASEMENT - JAMES S. WALKER AND MARGARET L. WALKER; LOIS H. DEMERS, AND SANTO AND ANNE MESSINA. To see if the Town will vote to authorize the Board of Selectmen to acquire from James S. Walker and Margaret L. Walker; Lois H. Demers and Santo and Anne Messina a perpetual easement for ingress, egress and access to its temporary and permanent sewer easements, in, along, and upon the area marked "W-l" (hereinafter "easements premises"). W-1 being shown on a plan entitled "Plan of Sewer Easements in North Andover, Massachusetts, scale: 1 inch = 40 feet, May 15, 1991", prepared by Linenthal Eisenberg Anderson, Inc., to be recorded herewith, bounded and described, according to said plan, as follows: Beginning at a point at the easterly side of Bridle Path Road and land of James S. and Margaret L. Walker, said point being 9.64 feet and N 07-51-25 W of a drill hole in a stone wall bound, thence; N 07-51-25 W Along. the side of Bridle Path Road and land of said .Walker and Lois H. Demers, a distance of 20.96 feet to a point, thence; S 80-26-27 E A distance of 309.50 feet to a point of curvature, thence; Northeasterly Along a curve to ~he left having a radius 202.75 feet, a distance 'of 121.76 feet to a point of reverse curvature, thence; Easterly Along a curve to the right having a radius of 126.38 feet, a distance of 54.34 feet to a point, the last (3) courses through Winter Street and land of Demers, thence; S 10-06-37 W Along land of said Demers and Santo and Anne Messina and through Winter Street, a distance of 20.39 feet to a point, thence; Southwesterly Along a curve to the left having a radius of 106.38 feet, a distance of 43.09 feet to a point of reverse curvature, thence; Westerly Along a curve to the right having a radius of 222.75 feet, a distance of 133.77 feet, thence; N 80-26-27 A distance of 303.22 feet to a point at the easterly side of Bridle Path Road and the Point of Beginning, the last (3) courses through Winter Street and land of said Messina and James S. Walker and Margaret L. Walker. The above described easement premises contains 9,435 square feet more or less. Furthermore, the vote authorizes the Board of Selectmen to raise and appropriate, transfer from available funds, or borrow an appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: Favorable Action. 5O ARTICLE 62. APPROPRIATION TO FIX DRAINAGE PROBLEMS- WENTWORTH AVENUE. 'To see if the Town will vote to raise and appropriate the sum of $ 15,000 to be expended under the direction of the Director, Division of Public Works, for the purposes of alleviating an existing drainage problem on Wentworth Avenue. Pauia M. Holland and Others Board of Selectmen Recommendation: Unfavorable Action. Planning Board Recommendation: Unfavorable Action. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 63. REZONE PARCELS 219 THROUGH 225 OF MAP 106A (FOREST STREET). To see if the Town will vote to rezone parcels 219 through 225 on Assessors Map 106A from two acre to one acre zoning - to the extent that all or any parts of it may not already be grandfathered for one acre zoning. An "environmentally sensitive" preliminary sketch of this property has been submitted to the Technical Review Committee which provides for the elimination of a minimum of three wetland crossings which would otherwise be required to develop this parcel. The plan would also Provide for improved fire safety through extension of Town water, and the elimination of several lengthy common driveways. Robert S. Janusz and Others Planning Board Recommendation: Unfavorable Action. ARTICLE 64. ZONING - CHANGE ZONING REQUIREMENTS FROM TWO ACRE TO ONE ACRE ZONING. To See if the Town will vote to change R-1 from two acre to one acre zoning, with the exception of the Watershed District. EXPLANATION: The high cost of residential development under two acre zoning has resulted in a preference in creating homes on existing roadways rather than to develop residential subdivisions. This has adversely affected the extension of Town water lines thereby creating concerns regarding fire safety, the optimum quality of drinking water for Town residents. Robert S. Janusz and Others Planning Board Recommendation: Unfavorable Action ARTICI.R 65. RET.RASE OF EASEMENT - DBT~ STREET. To see if the Town will vote to release its right, title and interest in a twenty-five (25) foot drainage easement over Lot 2 (2) Dale 51 Street, North Andover, being N/F of Mr. H. Michael Smolak and Stephen M. Smolak being more specifically shown on a "Definitive Plan of Land of Orchard Path Estates located in North Andover, Massachusetts", dated August 29, 1986, Richard F. Kaminski & Associates, which plan is recorded with the Essex North Registry of Deeds as Plan # 10669. Michael & Stephen M. Smolak Planning Board Recommendation: To be made at Town Meeting. ARTICI.R 66. REZONE - OSGOOD STREET. To see if the Town will vote to rezone a parcel of land located at 1070 Osgood Street, shown as lot #47 on Assessors Map #35, containing 2.16 acres (also see deed book 1577 pages 216-219), from Industrial 2 Zone to Business 2 zone. ' Richard A. Augeri & Others Planning Board Recommendation: To be made at Town Meeting. ARTICI~ 67. ACQUISITION OF EASEMENT - THE TOWN FARM. To see if the Town will vote to authorize the Selectman and Town Manager to petition the Massachusetts Legislature for a special act to permit the Town to grant an Easement through a portion of land known as the "The Town Farm" under the care and custody of the Conservation Commission of the Town of North Andover to the Town of North Andover, through its Board of Selectmen as follows: The perpetual right and easement to install, construct, reconstruct, replace and repair, maintain, use, and operate and inspect water, sewer, and utility lines across, under and upon a twenty (20) foot wide strip of land between Blue Ridge Road and South Bradford Road shown on a plan of land entitled "Modified Subdivision Plan Coventry Estates II North Andover, Massachusetts 52 dated March 8, 1993" which twenty (20) foot wide strip is shown on sheet 5 of said plans and is part of a parcel of land situated on the southerly side of land owned by the Town of North Andover adjacent to the said Blue Ridge Road; This easement shall also include the perpetual right and easement to at any time and from .time to time, to renew, add to, replace, repair, remove, 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. The Town Of North Andover acting through its Boards and Commissions shall retain the right to specify the location and alignment of said water, sewer, and utility lines. Shawn Slattery and Others Planning Board Recommendation: To be made at Town Meeting. ARTICLE 68. APPROPRIATION TO CONSERVATION FUND. To see if the Town will vote to raise and appropriate the sum of $ 5,000 to be placed in the Conservation fund to be expended under the direction of the Conservation Commission for the purposes of acquisition of land for conservation or watershed protection purposes or other related purposes as authorized by Section 8C of Chapter 40 of the Massachusetts General Laws. Sylvie Rice and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recommendation: Unfavorable Action. Planning Board Recommendation: Favorable Action. ARTICLR 69. AMRNDMENT TO WETLANDS BYLAW. To see if the Town will vote to amend Chapter 178 of the Code of North Andover, the Wetlands Protection Bylaw, to re-number the existing Section 178.11 to become Section 178.12 and to add a new Section 178.11 entitled "Consultant Services Account". This new Section will read: Upon receipt of a permit application, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the consultant fee. The specific consultant services may include but are not limited to resource area survey and delineation, analyszs of resource area values, including wildlife habitat evaluations, hydrogeologlc and drainage analysis, and Environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to the town to be put into a consultant services account of the Commission which may be drawn upon the Commission for specific consultant services approved by the Commission at one of its public meetings. The exercise of discretion by the Commission in making its determination to require the payment of a fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for making an objective decision. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: Project Cost UP TO $ 5oo,ooo $ 500,001 $ ~,000,001 $ ~,500,00~ Maximum FEE - $ 1,000,000 - $ 1,500,000 - $ 2,000,000 Each additional $500,000 project cost increment (over 2,500 5,000 7,500 10,000 $ 2,000,000) shall be charged at an additional $ 2,500 maximum fee per increment. The project cost means the estimated, entire cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. Conservation Commission Board of Selectmen Recommendation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. 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 16th day of April, Hundred and Ninety-Three. Nineteen ~.· Donald B. Stewart, Clerk x.. x'x3 Constable' North Andover, Massachusetts . ATTEST: A True Copy NORTH AN]DOVER BOARD OF SELECTMEN K~,~nneth C. Crouc'Sh Sean J. F~nta~n /hn ~.'S av~as t ano Clerk