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HomeMy WebLinkAbout1994-05-02Town of North Andover Massachusetts No] T ~ LA~E c oc ~ ~v~c x ' L TOWN Field House North Andover, MA Recommendations of the Advisory Board are included in this booklet. It is your guide to the Town Meeting. Please bring it with you. A NOTE TO THE DISABILITY COMMUNITY THE TOWN OF NORTH ANDOVER WISHES TO TAKE THOSE STEPS THAT ARE REQUIRED TO ENSURE THAT NO INDIVIDUAL WITH A DISABILITY IS EXCLUDED, DENIED SERVICES, SEGREGATED OR OTHERWISE TREATED DIFFERENTLY THAN OTHER INDIVIDUALS BECAUSE OF THE ABSENCE OF AUXILIARY AIDS AND/OR SERVICES. IF YOU NEED ANY OF THE AUXILIARY AIDS OR SERVICES IDENTIFIED IN THE AMERICANS WITH DISABILITIES ACT, IN ORDER TO PARTICIPATE AT TOWN MEETING, PLEASE CALL THE TOWN MANAGER'S OFFICE AT 682-6483. ADVISORY BOARD REPORT TO THE CITIZENS ANNUAL TOWN MEETING - MAY 2, 1994 Background The Advisory Board is charged by the Town Charter with the responsibility of making recommendations on all money articles to be acted on at the annual town meeting. To do this, the nine member board meets virtually once a week, year round, to study and evaluate every aspect of town government operations on an impartial basis so that by the time town meeting rolls around it will have evaluated, in depth, the why and wherefore of every money expenditure proposed for the following fiscal year. The task is not an easy one because requests, let alone needs, always exceed anticipated income. Consequently, fi.om time to time, the Board will not recommend an expenditure that to some may seem very worthwhile. Financial Status Were the town a private corporation, it would be bankrupt at this point. However, through very stringent management decisions, a negative bottom line (Total Fund Equity) of approximately $1.6 million in 1992 has been reduced to the point where the town could be close to solvency by the end of this fiscal year (FY94). Advisory Board recommendations are aimed at continuing the improvement trend and ensuring a positive bottom line in the years ahead. Not only is this the fiscally reponsible objective but it is also vital for getting our bond rating upgraded fi.om the current Baa status (Moody's) to an A1 rating, thereby reducing the cost of future bond issues. Attaining these objectives poses a huge challenge in the context of proposition 2 1/2, 3%+ inflation and many pressing infrastructure needs. The amount we can spend is controlled by available revenue. This comes from three main sources namely, real and personal property taxes, local receipts, and state aid. Of these, the only significant contributor to growth is the property tax whose growth rate is capped at 2 1/2 %. With inflation running higher than this and perhaps growing, it is obvious that our characterization of the problem can quickly change from challenging to impossible. Aggravating the situation is the fact that North AndOVer started the Proposition 2 1/2 era with a relatively low tax rate. Taxpayer rejection of oven-ides has kept it that way as shown in the following table: Comparative Tax Rates Dollars per $1000 of Equalized Valuation MUNICWALITY Georgetown North Andover 1994 Residential Tax Rate 12.50 12.75 Boxford 13.00 Tol~fieid 13.24 Groveland 13.74 Andover 15.14 Methuen 15.27 North Reading Readin~ 15.75 16.69 There is growing evidence that we are able to get along in our low tax bracket at the expense of ignoring or postponing major infrastructure needs which loom larger and more daunting the longer they are delayed. At the same time, the attractive tax rate aggravates the problem by encouraging residential development which, at the present tax rate, does not pay its way in terms of added infrastructure needs. This situation needs to be solved by putting more emphasis on industrial development and getting agreement on a long term capital funding plan which does not whittle away at basic community services. The Budget for Fiscal Year 1995 (FY95) Key to each year's budget is the Board of Selectmen's Budget Policy Statement which, for fiscal 1995, was issued in November, 1993. Based on anticipated revenues of about $35 million, it calls for funding operating budgets at the same level as FY94 excluding negotiated labor agreements which will absorb about $861,000. Additionally, expenditures for tax supported debt service and additions to the Capital Improvement Reserve Fund were set at $1,500,000. Recently revised revenue estimates put total income for FY95 at $35,204,000 which compares with an estimated $33,745,000 for the current fiscal year - a revenue increase of $1,459,000. Because of the growth in non-discretionary ( i.e. not under immediate control) costs, such as, health insurance, refuse tipping fees, and previously cited salary adjustments, only a small part of this growth is available for meeting many urgent departmental needs. The calculation of this discretionary revenue in the following table illustrates just how meager the net amount is and how it is allocated in the selectmen's recommendations between Education and General Government. ANALYSIS OF FY94 TO FY9$ REVENUE GROWTH ALLOCATIONS (In Thousands of Dollars) DESCRIPTION AMOUNT (A) Increase in total revenue FY94 to FY 95 $1,459 (B) Less added enterprise (Water & Sewer) revenue $ (34) (C) Net growth in revenue - (A-B) $1,493 Less added cost of non-discretionary items: Negotiated salary adjustments $ 845 Retirement benefits ($35) Health insurance $ 250 Capital expense other than water and sewer $ 319 Tipping fees / refuse disposal $ 8 Overlay/tax abatement fund $ 51 Legal & audit $ 50 Other articles & charges - special articles $ (221) (D) Sub-total $1,267 (E) Net growth in discretionary revenue - (C-D) $ 226 Apportionment Education $ 97: General government $ 13 Unallocated $ 116 Adding to the inflexibility of the budgeting process is a growing number of State and Federal mandates. For example, the Massachusetts Education Reform Act of 1993 requires the Massachusetts Department of Education (DOE) to determine annually, for each city and town in the Commonwealth, what is called a Net School Spending requirement, based on the town's level of financial support for its schools during the previous year. The same law requires the DOE to calculate for every city and town what is known as a Foundation School Budget, This is based on the number of students in each grade, defined class sizes for each grade (e.g. 17 in senior high and 22 in elementary grades), defined teacher salaries, defined proportions of administrators, nurses, custodians etc. If a town's Net School Spending is not at the Foundation level, it must reach this target within seven years through adequate annual increases in school spending. North Andover met its Net School Spending requirement in FY94 and is expected to be at Foundation Budget level in FY95. Thus, if one views the Foundation Budget as a benchmark, our education budget meets the standard. As an example of a Federal mandate, the Americans with Disabilities Act requires very detailed accessibility and other requirements on all public buildings and must be implemented by late January 1995. Failure to meet these requirements exposes the town to possible 'lawsuits and fines. Expenditures in this category are provided for in the Capital Improvement Program and will continue to show up in our budget for the next several years in a planned implementation program. In summary, when these mandated costs are combined with salary and non-discretionary expense increases, precious little of the revenue growth is let~ over to cover growth and expense inflation in the general government area. The Capital Improvement Plan (CIP) The Advisory Board's recommendations for capital improvement expenditures in FY95 are almost identical to those recommended by the Board of Selectmen. This year, a larger proportion of capital expenditures will be funded out of current revenue (Raise and Appropriate) expanding the commendable practice of funding shorter lived items without going into debt. Specifically, the Advisory Board recommends tax supported CIP items in the Raise and Appropriate category amounting to $565,100. In addition to the FY95 capital improvement proposals which will be voted on at Town Meeting, there is a budgeting responsibility to prepare and present a longer term view of future capital needs and priorities. This has fallen into abeyance in recent times and needs to be revived. A small step in this direction was taken this year when the five year departmental requests were published prior to the budget public heating. General government and the School Committee have both done substantial work in developing their individual long term needs but these must be combined, prioritized and funding approaches defined. The pressing need for a 21 room expansion of the Middle School should be very high on the list of priorities to accommodate the surge of' students flowing through the elementary system. To get this project started we strongly recommend approval of this year's request for design fee funding. Citizen Participation in Town Government The Advisory Board is concerned about the degree of citizen participation in town government. For example, there has been no citizen attendance at Advisory Board meetings for going on two years. Some of this can be attributed to not knowing just what the Board does and when its meetings are held. To remedy this situation the Board has been giving press releases of every one of its meetings this year to Channel 26, the Citizen and the Eagle Tribune with inclusion of details about its next meeting. As a Board, we represent the citizens in overviewing town finances but we are not so fully informed that we don't need or welcome public input. Finally, the Advisory Board is particularly concerned about the low level of citizen participation in Town Meeting. From a voting population of approximately 14,000, attendance has been less than 1,000 on issues of' major interest, dropping to around 150 on many other issues. It is true that Proposition 2 1/2 provides a cap on excessive town spending but unless you are there, a relatively small special interest group can cut the pie in ways that may not be to your liking. Please make every effort to attend this year's Annual Town Meeting starting on the evening of Monday, May 2, 1994. The North Andover Advisory Board James Gammie, Chairman Robert Duggan Elizabeth Leemah Richard Segerstedt William Knauss, Vice Chairman Jacob Freedman Donald Rodgers Frank Terranova John Vallieres 4 RUI~SOFV/~LX/~4EI~/~Y~ROCEDURE (Simplified Form) A Glossary of Terms: Town Meeting A duly-called meeting in which all registered voters are eligible to participate. It is the Town's legislature, where fiscal issues, zoning changes, by-law amendments, and other matters affecting the Town are decided. Each voner has one vote in the decision making process. A regular (A--ual) Meeting is held each May to decide issues for the fiscal year starting in July. A (Special) Town Meeting may be called at other times, to deal with issues that can not wait for the next Annual Meeting; a Special Town Meeting is called by the selectmen; a petition of two hundred (200) voters will cause one to be called. Warrant - Public notice of business to be considered at Town Meeting. It is publicly posted throughout the Town, sets a time and place for the meeting, and contains one or more articles. The warrant is opened by the selectmen for article submission prior to the meeting, and closed well in advance of the meeting. Article - Definition of an issue to be decided at the meeting. Individual matters are described in articles so that all voters are warned of potential action to be taken. The scope of each article sets the bounds of actions that may be taken. Articles are submitted by Town agencies, or citizen petitions of ten (10) at annual meetings, or one hundred (100) at special meetings. Main Motion Required under the article (and within its scope) for the meeting to act. It may be as simple as "To adopt the article, as printed in the warrant" or a more complex action, as long as the article's scope is not exceeded. A main motion should be made and seconded for discussion to proceed; a favorable recommendation from the Advisory Board will be taken as a main motion, made and seconded. Whenever possible, affirmative (rather than negative) main motions are preferred to avoid confusion. Amendments May be offered to a main motion, debated and accepted or rejected. Complex amendments should be submitted to the Moderator in writing. Individual amendments will be considered in turn; amendments to amendments are discouraged. The resultant (possibly amended) main motion will ultimately be voted upon. voting - Is done by voice (Aye or No), a show of hands or standing in place. The Moderator will call for a vote, and announce the results. For other than a counted vote, seven (7) voters may doubt the announced vote by rising and standing in place; such doubt will cause a counted vote to be taken. Most issues will be decided by a simple majority of those voting; issues requiring a two-thirds (2/3), four-fifths (4/5), or other majority will be clearly identified to the meeting. Reconsideration - Of action taken under an article may be proposed only once. The option is useful when inter-dependent decisions are to be made under separate articles; it is dangerous when introduced after a hard-fought decision has been made, and there has been a change in the audience. Introducing a motion to reconsider immediately after a hard-fought decision, with the expectation of its defeat, will effectively lock out future reconsideration. Adjournment - To another date and place certain may be proposed and voted to recess the meeting to a future session. Dissolution - Is the final act of a meeting. concluded, and future discussion warrant for another meeting. All issues will have will require another The Players: The following have legal obligations to Town Meeting: Voters - The ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials. Moderator - Elected, responsible for the conduct of the meeting. Parliamentary rulings, conducting of the debate, and voting are vested solely in the Moderator. Selectmen - Elected, responsible for calling the meeting and ordering the warrant. This executive board is often authorized by the meeting to act in the Town's behalf between Town Meetings. Advisory Board - (Finance Committee) Appointed by the Moderator, responsible for recommending on financial and often other articles. This cross-section of citizens has the opportunity to investigate articles proposed to the meeting and make independent recommendations. Planning Board - Appointed by the Town Manager, responsible for administering the Town's Zoning By-law. This board is required to hold hearings and make recommendations on articles which effect zoning or environmental issues. Town Clerk ~ Appointed by the Town Manager, responsible for physical arrangements of the meeting, and for recording the minutes of actions taken. Town Counsel - The Town's Attorney, appointed by the Selectmen. Counsel will make legal rulings, and advise the meeting, as needed. Other Players: The following participants have strong interest in assuring the meeting's success. They will propose issues and supply information to the voters: School Committee, Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and Town Committees Supportinq Cast: The following staff supply the necessary support to conduct a meeting of this size: Registrars of Voters, Voter Check-in Clerks, Counters, Public Safety Officer and Facilities Manager of the building used. Courtesy Issues: Please introduce yourself, using name and street address the first time that you speak at any session of Town Meeting. If acting as attorney or paid agent for another, disclose this fact at the start of any remarks. Address the meeting with new information, to persuade undecided voters. Re-iterating old information as a show of support takes tlme and does little to affect the outcome of a vote. * Please refrain from applause or negative jeers during discussion. Brevity in remarks shows respect for the value of your neighbor's time. The most persuasive statements at Town Meeting are often the most succinctly stated, retaining the audience's full attention. Participation at Town Meeting is an American tradition, one which differentiates New England towns from other regions and from larger cities. Decisions made by these meetings are somehow more satisfying than those delegated to elected boards or paid staff. Help maintain this tradition by joining with neighbors to discuss the issues. We will respect the value of your time and participation. Charles A. Salisbury, Town Moderator To~ By-La~s Affecti~q To~ ~eeti~q 59-1. Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the Town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. 59-2. Ouorum. No business shall be transacted at any Annual or Special Town Meeting except by the unanimous vote of those present and voting, unless there shall be present at least one point five percent (1.5%) of the registered voters of the Town; provided, however, that a number less than such quorum may adjourn Such meeting from time to time. 59-3. Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. 59-4. Secret Ballots. Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the affirmative vote of at least twenty-five percent (25%) of the voters present at said Annual or Special Town Meeting, any article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian (Secret) Ballot. TOWN OF NORTH A~DOVER ANI/IIAL TOWI~ ~IEETII~G - MAY 2, 1994 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 at the North Andover High School Field Nouse on Monday, May 2, 1994, at 7:00 PM then and there to act upon the following articles. ARTICLE 1. ORDER OF C~Tz.ING WARRANT ARTICLES. To see if the Town will vote to call warrant articles for the May, 1994, Annual Town Meeting in accordance with a lottery procedure. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. ARTICLE 2. ANN~AL TOWN ~CTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 7, 1994. Board of Selectmen Board of Selectmen Recoa~nendation: Favorable Action. ARTICLE 3. REPORT OF RECEIPTS AND ~XPEI~DITURES. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 1993 Annual Town Report. Board of Selectmen Board of Selectmen Reco~nendation: Favorable Action. ARTICLE 4. COMPE~ISATIO~I OF ~.RCTED 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 Reco~endation: Favorable Action. Advisory Board Recommendation: from $ 2,000 to $ 1,200. Amend Board of Selectmen's per annum salary 10 ARTICLE 5. REPORT OF SPECIAL CO~I~'~EES TO TOWN~RTIN~. 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 6. A~THORIZATION TO TRANSFER 1]Z~I'I~/D]~tDED F~NDS. 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 Reco~endation: To be made at Town Meeting. Advisory Board Recommendation: To be made at Town Meeting. ARTICLE 7. FISCAL YEAR 1994 BUDGET TRANSFERS. To see what sums the Town will vote to transfer into various line items of the Fiscal Year 1994 operating budget from other line items of said budget as follows. Transfer From: Town Accountant - Salaries Treasury - Salaries Div. of Public Works/Admin. & Oper. Expenses Div. of Public Works - Sewer Department - Expenses General Insurance Interest on Debt Being the Sum of: Transfer To: Town Manager/Board of Selectmen (Inc. Personnel) $ Town Moderator Legal & Audit Treasury - Expenses Employee Benefits - Expenses Police Salaries Police Expenses Fire - Salaries Fire Expenses Greater Lawrence Vocational Technical School Div. of Public Works Admin.& Oper. Salaries Div. of Public Works Water - Salaries Div. of Public Works Water - Expenses Div. of Public Works Sewer - Salaries Planning - Expenses $ 30,000 30,000 28,000 43,500 74,000 64,000 17,000 50 50,000 2,000 61,553 33,300 5,700 20,000 4,000 1,547 26,000 20,500 11,000 12,000 4,850 or take any other action relative thereto. Board of Selectmen Board of Selectmen Recom~_ndation: Favorable Action. Advisory Board Recommendation: Favorable Action. $ 269,500 $ 269,.~oo 11 ARTICLE 8. GENERAL APPROPRIATIfH~ARTI~ FOR FISCAL YEAR 1995. To see what action the Town will take, as to the budget recommendations of the Advisory Board, for the fiscal year beginning July 1, 1994, and ending June 30, 1995; or. to take any other action relative thereto. Board of Selectmen Total Personnel Services Total Expenses Less Offsets FY93 FY94 I FY95 FY95 Board of Advisory Selectmen Board Actual Budget Recommends Recommends 1,346,001.00 1,498,255.00 1,604,660.00 623,467.00 540,143.00 612,274.00 (19,643.00) (19,643.00) Notes: Total Personnel Services Total Expenses FY93 FY94 I FY95 FY95 I Board of Advisory Selectmen Board Actual Budget Recommends Recommends 3,479,140.00 3,661,639.00 3,761,231.00 284,161.00 307,907.00 307,907.00 Notes: N. Andover Public Schools Personnel Services Expenses Less PL874 Sub-total Regional Vocational School Other Expenses Actual Budget 11,155,210.00 2,945,243.00 12,597,536.00 3,186,043.00 (53,916.00) Board of Advisory Selectmen Board Recommends Recommends 13,145,885.00 3,276,043.00 14,100,453.00 15,729,663.00 16,421,928.00 170,796.00 106,342.00 112,735.00 Notes: North Andover Public Schools Departmental Request: (Charter requirement) Total Personnel Services: 13,833,024.00 Total Expenses: 3,969,936.00 Total - Request 17,802,960.00 12 Total Personnel Services Total Expenses Less Offsets Notes: FY93 FY94 FY95 FY95 Actual Budget 1,292,728.00 1,267,270.00 1,401,832.00 2,631,499.00 2,677,184.00 2,648,378.00 (110,000.00) (139,000.00) Board of Advisory Selectmen Board Recommends Recommends Retirement Group Insurance Debt Service-Principal Interest on Long Term Debt interest on Short Term Debt Bond Issue Expense Liability nsurance FY93 FY94 FY95 FY95 Actuals Budget 1,107,570.00 1,071,600.00 1,036,256.00 1,884,476.00 1,750,000.00 2,000,000.00 1,520,000.00 2,040,000.00 1,495,000.00 1,221,786.00 1,327,293.00 1,185,830.00 253,368.00 197,140.00 487,859.00 4,572.00 0.00 70,000.00 440,421.00 444,000.00 444,000.00 Board of Advisory Selectmen Board Recommends Recommends Notes: Total Personnel Services Total Expenses Less offsets Less PL874 FY 93 FY94 Actual Budget FY95 FY95 Board of Advisory Selectmen Board Recommends Recommends 17,273,079.00 19,024,700.00 19,913,608.00 13,087,359.00 13,647,652.00 13,676,282.00 0.00 (129,643.00) (158,643.00) 0.00 (53,916.00) 0.00 ADVISORY BOARD NOTE: In the absence of Board of Selectmen/School Committee agreement on the Operating Budget, the Advisory Board is providing no written recommendations on this article at this time. It is the Board's opinion that the Board of Selectmen and School Committee, being equally cognizant of revenue constraints and departmental needs must reach a consensus on Operating Budget recommendations prior to Town Meeting in order to receive an Advisory Board recommendation. To encourage agreement, the Advisory Board is availing itself of Section 2-8-2 in the Town Charter, which states that "Articles involving an expenditure of town funds will not be voted on by the Town Meeting unless the Advisory Board shall have considered them previously and issued a written recommendation thereon." 13 ARTICLE 9. CAPITAL /I~PR~S PLAN APPROPRIATION FOR FISCAL YEAR 1995. 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 C. I. P. OPERATIONS Board of Advisory Department Selectmen Board Request Recommend Recommend POLICE DEPARTI~ENT: 1. Police Equipment 2. Take Home Cruiser Plan 3. Animal Control Van 4. Traffic Lights/Waverly & Mass. Ave Sub-Total Police Department $ 94,478 $ 55,500* $ 55,500* 355,056 0 0 17,394 17,400' 17,400' 21,600 21,600' 21,600' $ 488,528 $ 94,500 $ 94,500 FIR~ DEPART~NT: 5. Replace Engine 3 & Rescue Truck $ 390,000 $ 6. 4-Wheel Drive Vehicle 23,000 Sub-Total Fire Department $ 413,000 $ 390,000 $ 390,000 23,000* 23,000* 413,000 $ 413,000 SCHOOL DEPARTMENT: 7. Technology Equipment $ Sub-Total School Department $ 205,582 205,582 205,600* $ 205,600* 205,600 $ 205,600 PUBLIC WORKS: 9 10 11 12 13 14 15 16 17 18 Public Works Equipment $ Road Improvement Program Water Main Rehab Water Main Rehab - Engineering Ozone Generator Ozone System Computer System Mod. @ WTP Add'l. Water Supply-Feasibility Study GAC Filter Replacement Sutton Street Sewer Relief 216,500 150,000 825,000 $ 216,500' $ 0 825 000 30 000 650 000 29.600 28 000 25 000 50 000' 180 000 1,500,000 535,000 $ 4,069,100 30,000 650,000 29,600 28,000 25,000 90,000 230,000 Sewer System Ext. Phase 3 GPR 1,500,000 Sewer System Improvements I/I 500,000 Sub-Total Public Works $ 4,274,100 216,500' 0 825 000 30 000 650 000 29 600 28 000 25 000 50 000' 180000 1,500.000 535,000 $ 4,069,100 PLANNinG & ~TY DEVELOPMENT: 20. Council On Aging-12 Passenger Van $ 21. Vehicle - Building Inspector 22. Open Space Acquisition Sub-Total Planning & Comm. Dev. $ 22,000 $ 23,000* $ 23,000 13,000 15,500' 15,500' 20,000 0 10,000' 55,000 $ 38,500 $ 48,500 SUB - TOTAL CIP OPERATIONS: $ 5,436,210 $ 4,820,700 $ 4,830,700 14 Department Project Description FACILI~"f NEEDS: Board of Advisory Department Selectmen Board Request Recommend Reconm~d SCHOOL DEPARTMENT: 23. ADA Plan, Phase I 24. Replace Thomson School Heating Sys. 25. High School Reroof 26. Replace Windows - Middle School 27. Atkinson School Roof 28. High School Lockers 29. Design Fees Middle School Sub-Total School Department $ 189,400 $ 189,400 $ 189,400 220,000 220,000 220,000 352,000 352,000 352,000 92,000 0 0 120,000 0 0 47,000 0 0 260,715 260,715 260,715 $ 1,281,115 $ 1,022,115 $ 1,022,115 TOWN]].~-T.T.: 30. Addition/Renovation (including Design and Equipping) Sub-Total Town Hall $ 500,000 $ 500,000 $ 500,000 $ 50O,000 $ 500,000 $ 500,000 CENT~AL FIRE STATION: Architectural/Design (including site selection and survey) Sub-Total Central Fire Station $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 $ 270,000 FIRE STATION TWO: 32. Design Fees Sub-Total Fire Station Two 10,000 $ 0 $ 0 10,000 $ 0 $ 0 P~BLIC WORKS: 33. DPW Building - Roof Repair 34. Building - Cyr Recycling Center Sub-Total Public Works $ 75,000 $ 75,000 $ 75,000 100,000 0 0 $ 175,000 $ 75,000 $ 75,000 PLANNING & CO~R~Y3NITYDEVELOP~ENT: 35. Merrimack River Boat Ramp Sub-Total Planning & Comm. Dev. 120,000 $ 0 $ 0 120,000 $ 0 $ 0 SUB - TOTAL FACILITY NEEDS: $ 2,356,115 $ 1,867,115 $ 1,867,115 GP=a~N-D TOTAL - C.I.P. $ 7,792,325 * Indicates Raise and Appropriate As Source of Funds. Planning Board Recom~endations: Line 9. Line 10. Line 11. Line 17. Line 18. Line 19. Line 22. Line 35. Favorable Action. Favorable Action. Favorable Action. Favorable Action. Favorable Action. Favorable Action. Favorable Action. Unfavorable Action $ 6,687,815 $ 6,697,815 15 ARTICLE 10. CAPITAL I~RO%g~4E~ITS RESER~-E F~ID. To see if the Town will vote to raise and appropriate a sum of money and to add such amount 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 Recoa~m=~dation: To be made at Town Meeting. AdvisoryBoard Reco~e~dation: To be made at Town Meeting. ARTI~T~ 11. AIZT~ORIZATI(~ OF M.G.L. C~%PTER 90 - HIGR~AY Ff~IDS. 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 4, Section 6A. Board of Select~e~ Board of Selectmen Reco~e~dati~: Favorable Action. Ad~isoryBoard Reco~e~dation: Favorable Action. ARTICLE 12. ACCEPTANCE OF ~EO ~0~IEY. 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 Selectme~ Board of Selectme~Reco~me~dation: Favorable Action. advisoryBoard Reco~m~_n~latio~: Favorable Action. ARTICLE 13. RESEIIVE F[~]D. 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 Selectme~Reco~me~dation: Favorable Action. Ad~isoryBoard Reco~_ndatio~: Favorable Action. 16 ARTI(N~E 14. AMENDMENT OF PERSONNEL BYLAW. 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 and further amended at the May, 1993, Annual Town Meeting. Full text of the proposed amended Bylaw is available at Town Hall, Stevens Memorial Library, with the posting of the warrant in each voting precinct, and at Town Meeting. Board of Selectmen Board of Selectmen Recom~endation: Favorable Action. Advisory Board Recom~endation: Favorable Action. A~TICL~ 15. PETITION STATE LEGISLATURE TO APPROVE REVISIONS TO T~ NORTH ANDOVER TOWN C~ARTER. To see if the Town will vote to petition the State Legislature to amend the North Andover Town Charter, as originally voted at the Annual Town Elections of March 3, 1986, to provide for the following changes: Chapter O~e: To add to Chapter 1, Section 2.2, to read as follows: The Town of North Andover is committed to the full participation of all citizens and to a policy of equal employment opportunity. The Town will not discriminate against employees, applicants for employment, nor citizens via their involvement in any Town sponsored activity on any legally recognized basis including but not limited to race, age, color, religion, sex, marital status, sexual preference, national origin, disability or veteran status. ~pter Two: To amend Chapter 2, Section 2.2, to read as follows: The warrant for each Town Meeting shall be closed not more than sixty (60) days, but at least forty-five (45) days prior to the date for the meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of emergency. To amend Chapter 2, Section 2.3, by striking the words: "shall be published in a newspaper of general circulation within the Town at least seven days prior to the meeting, and" To add Chapter 2, Section 2.4, to read as follows: The warranu for each Special Town Meeting shall be published in a newspaper of general circulation within the town at least seven days prior to the meeting. 17 To amend Chapter 2, Section 3.1, by striking the words: "on the first Monday in May at 7:00 PM" and replace with "between April 18 and May 28, as specified in the Town Bylaws". Chapter Three: To amend Chapter 3, Section 6.2, to read as follows: The Board shall also have the power to appoint town boards enumerated in Chapter 7, designated as Board of Selectmen appointees. To amend Chapter 3, Section 6.3, by replacing the words "Clause 3-6-2" with "Chapter 7". To amend Chapter 3, Section 8.1, to read as follows: Except for the purpose of investigation authorized by this Charter, the Board of Selectmen or its members shall not give orders to any town employee who is subject to the direction and supervision of the Town Manager either publicly or privately. Chapter Four: To amend Chapter 4, Section 1.1, by adding the words: The Town Manager need not be a resident of the town when appointed but shall become a resident within ninety days after the start of his contract. To amend Chapter 4, Section 1.2, to read as follows: The Board of Selectmen shall appoint a search committee of an indefinite, but odd number for the purpose of recommending candidates for the position of Town Manager. The Board of Selectmen by an affirmative vote may act as the search committee.~ To amend Chapter 4, Section 2.1, to read as follows: The Town Manager shall be appointed on the basis of educational, executive and administrative qualifications, and experience. To amend Chapter 4, Section 4.1, by striking at the end "and (g) a Board of Public Works until such time as said Board is abolished." To amend Chapter 4, Section 4.2, to read as follows: The Town Manager shall also appoint, on the basis of merit and fitness alone, and except as may otherwise be provided by General Law, this Charter, Personnel Bylaw, or'Collective Bargaining Agreements, may suspend or remove all full-time, part-time, or seasonal employees, except those of the Library Trustees, the Police and Fire Departments, and the School Committee. All such 18 appointments and removals shall be subject to disapproval by an affirmative vote of the Board of Selectmen taken within 14 days provided, the vote is first taken at a Board of Selectmen's meeting at which five members are present and voting; otherwise, if less than five members are present and voting, such disapproval shall only require three votes. ~h~pter Five: To amend Chapter 5, Section 1.2, to read as follows: The divisions should include: (a) Director of Finance and Administration, (b) Division of Planning & Community Development, and (c) Division of Public Works, and include other divisions, as the Town Manager may establish with the approval of the Board of Selectmen. To amend Chapter 5, Section 1.4, to read as follows: Responsibility for the functions administered within the divisions shall be vested in the Town Manager, who may organize these responsibilities, as necessary with the approval of the Board of Selectmen by an affirmative vote. To amend Chapter 5, Section 1.5, by replacing the word "shall" with the .word "should". To delete Chapter 5, Section 5.1, in its entirety. Chapter Six: To delete Chapter 6, Section 5.2, in its entirety. Chapter Seven: To insert a new Chapter 7, Section 10.1, to read as follows: A Youth Services Commission of an indefinite, but odd, number shall be appointed by the Board of Selectmen for three year overlapping terms. To insert a new Chapter 7, Section 11.1, to reach as follows: A Commission on Disability Issues of an indefinite, but odd number shall be appointed by the Board of Selectmen for three year overlapping terms. To insert a new Chapter 7, Section 14.1, to read as follows: The Board of Selectmen by an affirmative vote, may create additional appointed Town boards and assign powers under the Constitution and laws of the Commonwealth, and shall have and exercise such additional powers and duties as may be authorized by this Charter, bylaw, or roue of the Town Meeting. 19 Chapter Nine: To amend Chapter 9, Section 2.4, to read as follows: Ail Department Heads, Boards, Committees, and Commissions, shall submit their budget request to the Town Manager at least 120 days before the date of the Annual Town Meeting or at an earlier time, as directed by the Town Manager. The Town Manager shall forward such budget requests to the Finance Committee forthwith. To amend Chapter 9, Section 2.5, to read as follows: At least 90 days prior to the scheduled date of the Annual Town Meeting, the Town Manager shall submit to the Board of Selectmen and the Advisory Board a comprehensive budget for all Town functions for the ensuing fiscal year and an accompanying budget message. To delete Chapter 9, Section 3.2. To amend Chapter 9, Section 6.1, to read as follows: The Advisory Board shall conduct'at least one public hearing on the proposed budget and Capital Improvements Plan and shall issue printed recommendations and detailed explanations on all financial articles including the Operating Budget and the Capital Improvements Plan in an annual Advisory Board report, which shall be mailed or distributed to the residences of all registered voters at least ten days prior to the scheduled date of the Annual Town Meeting. In preparing its recommendations, the Board may require the Town Manager, any town division, department, office, board, commission, or committee to furnish it with appropriate financial reports and budgetary information. To amend Chapter 9, Section 7.1, to read as follows: At least ninety days before the end of each fiscal year, the Board of Selectmen shall retain a certified public accountant or accounting firm to conduct an audit of all accounts, books, records, and financial transactions of every division, department, office, board, commission, or committee of the town, and to file its report within 120 days after the end of the fiscal year. To delete Chapter 9, Section 7.2, in its entirety. Further; all references in Chapter 9 and in all other Chapters referring to the Advisory Board to be changed to read the Finance Committee. Board of Selectmen Board of Selectmen Recoumaendation: Favorable Action. AdvisorYBoard Reco~m~lation: Favorable Action. 20 ARTICLE 16. CHARTER COmmISSION. To see if the Town will vote to initiate a formal Charter Review by electing at the March, 1995, Town Elections a Charter Commission for the purpose of considering for adoption a representative Town Meeting form of government. Board of Selectmen Board of Selectmen Reco~endation: To be made at Town Meeting. ARTICLE 17. AMEND TOWN BYLAWS REGARDING ANN~AL TOWN ~RTIN~ DATE. To see if the Town will vote to amend the Town of North Andover Bylaws by inserting in Chapter 59, as Section 59-6 the following: 59.6 Annual Town Meeting: The Annual Town Meeting shall be held at a date and time between April 18th and May 28th of each calendar year provided, however, that the Board of Selectmen shall give notice to the inhabitants of the Town of the setting of such Annual Town Meeting date at least ninety days before the date established for such Annual Town Meeting. Board of Selectmen Board of Selectmen Reco~nendation: Favorable Action. ARTICLE 18. SOLICITATION BYLAW. To see if the Town will vote to adopt the following solicitation bylaw, and to insert it, as Chapter 142, in the "CODE OF THE TOWN OF NORTH AN-DOVER", establishing registration requirements and specific operation requirements for all persons intending to engage in door-to-door canvassing or solicitation in the Town of North Andover, as follows: Section 1 - Purpose: This Bylaw, adopted pursuant to Massachusetts General Laws Chapter 43B, § 13 and Article 89 of the Amendment to the Constitution of the Commonwealth of Massachusetts, establishes registration requirements and specific operation requirements for all persons intending to engage in door- to-door canvassing or solicitation in the Town of North Andover in order to: Protect its citizenry from disruption of the peaceful enjoyment of their residences and from the perpetration of fraud or other crimes; and To allow for reasonable access to residents in their homes by persons or organizations who wish to communicate either commercial or non- commercial messages. Section 2 - Definition: "Solicitor or Canvasser" is defined as any person who, for himself or for another person, firm, or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to lease or take orders 21 for retail sale of goods, wares, merchandise, or services, including without limiting, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements, or for services to be performed in the future whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sales. "Residence" shall mean and include every individual dwelling unit occupied for residential purposes by one or more persons. "Registered Solicitor" shall mean any person who has obtained a valid certificate of registration from the Town, as required under this Bylaw. Section 3 - Exception: The provisions of this Bylaw shall not apply to any person duly licensed under Chapter 101, or to any person exempted under Chapter 101, Chapter 149, § 69, Chapter 180, § 4, or to any person exempted by any other General Law, or officers or employees of the Town, County, State or Federal governments when on official business nor shall this Bylaw be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries. This Bylaw shall not prevent persons from engaging in the pursuit of soliciting for charitable, benevolent, fraternal, religious or political activities. Section 4 - Registration: Every person or organization intending to engage in soliciting or canvassing door-to-door in the Town of North Andover must register with the Police Department at least seven (7) days in advance by filing a registration application form with the Chief of Police. Such form will be signed under the penalties of perjury and contain the following information: Name of Applicant. B. C. D. E. Address of applicant. Business, local and home address. Telephone number of applicant. Business and home numbers. Applicant's social security number. The length of time for which the right to do business is desired. No registration will be granted for a period longer than 90 days. A brief description of the nature of the business and the goods to be sold. The name, home office address and telephone number of the applicant's employer. If self-employed, it shall so state. A photograph of the applicant, which shall be provided by the applicant, and be 2" X 2", and will show the head and shoulders of the applicant in a clear and distinguishing manner. This provision may be waived by the Chief of Police for local non-profit organizations. 22 If operating or being transported by a motor vehiclels): The year, make model, vehicle identification number, registration number, state of registration and the vehicle's owner and address, for each vehicle, will be provided. The names of the three most recent communities (if any) in which the applicant has solicited or canvassed door-to-door. In addition, a list of names, addresses, dates of birth, and social security numbers of all individuals who will be employed in canvassing or solicitation and those supervising such individuals or a roster of local non-profit canvassers or solicitors will be attached to the application. The Chief of Police may refuse to register an organization or individual whose registration has been revoked for violation of this Bylaw within the previous two-year period. Section 5 Registration Fee: Each applicant for registration or re- registration shall pay a non-refundable fee of $ 5 to the Town at the time of application. A registration fee must be paid for each person who will be engaged in soliciting or canvassing or the supervision of canvassing or soliciting. This fee may be waived at the discretion of the Chief of Police for non-profit organizations with proof of non-profit standing. Section 6 - Investigation: Upon receipt of the application, the Chief of Police shall investigate the applicant's background and reputation. Within seven (7) days of the filing of the application, the Chief shall endorse on such application his approval or disapproval. Section 7 Registration Cards: The Chief of Police shall furnish each person engaged in solicitation or canvassing with a registration card which will contain the following information: A. Name of person B. Recent 2" X 2" photograph supplied by the individual to be registered. C. Name of the organization that the person represents. D. A statement that the individual has been registered with the Police Department but that registration is not an endorsement of any individual or organization. E. Specific dates or period of time covered by the registration. Section 8 Notice Regulating Solicitation: Every occupant of a residence desiring to secure additional protection, as provided by this Bylaw shall comply with the following requirements: A weatherproofed card, approximately 3" X 5" in size shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, as to whether solicitors or canvassers are invited to the residence by the following applicable words: "No Solicitors or Canvassers Invited". "No Solicitors or Canvassers Invited Before the Hour of AM or After the Hour of PM" 23 Further, it shall be unlawful for any canvasser or solicitor to enter the premises of a resident or business who has displayed a "No Trespassing" or "No Soliciting" sign or poster. Section 9 - Duties of Solicitors: ao It shall be the duty of every solicitor or canvasser, upon going onto any residential premises in the Town of North Andover, to first examine the notice provided for in Section 8 of the Bylaw, if any is exhibited. If notice stated "No Solicitors or Canvassers Invited" then the solicitor or canvasser shall immediately and peacefully depart from the premises. If the notice limits the hours of the solicitation, the solicitor or canvasser shall comply with the limits noted. Bo Persons engaged in solicitation or canvassing, including supervisors, must carry the registration card at all times and present the card to any person solicited or upon request of a police officer. Immediately upon gaining entrance to any residence, each solicitor canvasser must do the following: i. Present this registration card for inspection by the occupant. ii. Request that the occupant read the registration card. iii. Inform the occupant in clear language of the nature and purpose of his business and, if he is representing an organization, the name and nature of the organization. Do Any solicitor or canvasser who has gained entrance to any residenCe, whether invited or not, shall immediately, and peacefully depart from the premises when requested to do so by the occupant. Eo It shall be the duty of every organization employing solicitors or canvassers to notify the Police Department daily as to what area(s) of the Town they will be operating in. Section 10 - Restrictions on Me~-hods of Solicitation: No solicitor or canvasser, licensed or exempted from license, may misrepresent, in any manner, the buyer's right to cancel as stipulated by Chapters 93, 93A and 255D of General Laws. Bo No solicitor or canvasser, licensed or exempted from license, may use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyer's home, office or other establishment with the purpose of making a sale of consumer goods or services. 24 No solicitor or canvasser, licensed or exempted from license, shall falsely represent, directly or by implication, that the solicitation or canvassing is being done on behalf of a governmental organization. No solicitor or canvasser, licensed or exempted from license, shall solicit or canvass at any residence without express prior permission of an occupant, before 8:00 AM or after 8:30 PM where there is no sign posted otherwise limiting solicitation or the hours of solicitation. No solicitor or canvasser, licensed or exempted from license, shall go upon any residential premises and ring the doorbell or rap or knock upon the door of the residence or create any sound in any manner calculated to attract the attention of the occupant of such residence for the purpose of solicitation or canvassing in defiance of the notice exhibited at the residence in accordance with Section 9. Section 11 - Revocation of License: The Chief of Police is hereby vested with jurisdiction over the revoking of a registered solicitor for any violation of the provisions contained within this Bylaw or who knowingly provides false information on the registration application. Any person aggrieved by such revocation may appeal to the Town Manager within 7 business days in writing, and a hearing will be scheduled within 5 business days. Section 12 Penalty: Any person or organization violating any of the provisions of this Bylaw shall be subject to a fine of $ 100.00 for each offense. This penalty may be enforced under the provisions of the non- criminal disposition provisions contained in Article 1, Section 4.0 of the Town's General Bylaws. Section 13 - Severability: Invalidity of any individual provision of this Bylaw shall not affect the validity of the Bylaw, as a whole. Section 14 - Fees: Any fines established by the Bylaw may be changed, from time to time, by an action of the Board of Selectmen. Richard M. Stanley, Chief of Police Board of Selectmen Recommendation: Favorable Action. ARTICLE 19. PETITIO~ STATE LEGISLATURE TO SUPPORT SHARI~IG PLAN. To see if the Town will vote to instruct its representatives to the General Court to support the Massachusetts Municipal Associations's Revenue Sharing Plan to provide an adequate and secure source of funds to support local services by dedicating a portion of state tax revenues and lottery proceeds to fund the new Chapter 70 school aid schedule, a general revenue sharing distribution which includes a five-year phase-out of the current lottery diversion, and a gas tax distribution or take any other action relative thereto. Board of Selectmen Board of Selectmen Recou~--dation: Favorable Action. Advisory Board Reco~m~--dation: Favorable Action. 25 ARTICLE 20. PETITION STATE LEGISLATURE TO SUPPORT AMENDMENT TO THE NEW SCHOOL FINANCE LAW. To see if the Town will vote to instruct its representatives to the General Court to support the amendments to the new school finance law prepared by the Massachusetts Municipal Association for the purpose of: reducing the intrusion of the state into local budget and taxation matters; restoring a measure of accountability of local school districts to local voters; and providing cities and towns with additional flexibility in budgeting local services or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Reccm~_ndation: Favorable Action. ARTICLE 21. PETITION STATE LEGISLATURE TO SUPPORT TRANSPORTATION BOND BILL. To see if the Town will vote to instruct its representatives to the General Court to support the position of the Massachusetts Municipal Association in favor of full funding of the Cherry Sheet Highway Aid accounts, Chapter 81 and Chapter 90, as well as the swift passage of the Transportation Bond Bill, H. 1033, in order to ensure a fair and predictable share of funds for distribution to cities and towns for use on local roads or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Favorable Action. Advisory Board Recom~_ndation: Favorable Action. ARTICLE 22. ZONING BYLAW AMENDMENT - SIGN BYLAW - ~ECTION 6. To see if the Town will vote to amend Section 6 of the Zoning By~w by replacing the existing sign bylaw with the following sign ~law or t~ any other action relative thereto: \\ n ~ % secti°n 6. SIGN AND LIGHTING REGULATIONS ~ ~~,_ / 6.1 Authority and Interpretation - This By~w~s ~ted as a general bylaw pursuant to Chapter 98, Section 29-33 inclu~ve, ~{s amended, and a Zoning Bylaw pursuant to Chapter 40A, as amended, of he General Laws of the Commonwealth of Massachusetts. This Bylaw is hereb~ ~eclared to be remedial, as to secure the beneficial interests and purposes ~fined in Section 6.2 of this Bylaw. 6.2 Purposes 1. The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, information and welfare of its residents. 26 The restrictin9 of signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, and serve educational purposes for the public good. The reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 Definitions Accessory Sign A sign that advertises activities, goods, products, or a specific use, owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property, as a whole or any part thereof for sale or rent. Building Frontage The length of feet of a ground floor level of a building front or a sign facing a street (or facing a right of way accessible from a street) that is occupied by an individual business. Directional Sign A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sights, public buildings, etc. Sign not to exceed 12" X 30" 4. Display Window Sig~s - Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 5. Erect - Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend and post. 6. Fla~)ole A pole erected on a roof, or projecting from a building or structure or on the 9round. 7. Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. 8. Ground Si~m - Any sign erected on the ground which is self-supported and anchored to the ground. Illuminated Si~n Illuminated sign shall mean any sign illuminated by electricity, or other artificial light including reflective or phosphorescent light and shall include location of source illumination. 10.. Marquee Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 11. Non-Accessory Si~ - Any sign that is not an accessory sign. 12. Permanent Si~n Any sign permitted to be erected and maintained for more than 60 days. 27 13. Prim2~ Si~n - The principal accessory sign which may be a wall, roof, or ground sign. 14. Projecting Si~n Any sign which is attached or suspended from a building or other structure and any part of which projects more than 12 inches from the wall surface of that portion of the building or structure. 15. Roof Si~n - Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support of the roof or roof structure. 16. Secondary Sign - Is a wall, roof, or ground sign intended for the same use as a primary sign but Smaller in dimensions and lettering. 17. Si~n - A sign is any structure, mechanically or electrically driven, still, or moving device, light, letter, figure, word, model, banner, pennant, trade flag, or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses, or events, products, services or facilities available either on the property where the sign appears or in some other locations. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. 18. Si~n Size (Area) - The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 19. Wall Sign - Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 6.4 ~a~-~stration and Enforcement: The Building Inspector is hereby designated, a~ the Sign Officer and is hereby charged with enforcement of this Bylaw. ~ ~~ The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which is in his judgement a prohibited non-accessory sign, or is likely to become dangerous, unsafe or in disrepair, or which is erected or maintained contrary to this Bylaw. The Sign Officer shall serve written notice and order upon the owner of 28 record of the premises where the sign is located and any advertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove or cause to be repaired or removed, said sign. Ail expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order. The assessment shall be recoverable in any court of competent jurisdiction if not paid within thirty (30) days after written notice is given by the Sign Officer to any such person. Permits: No sign shall be erected, enlarged, or structurally altered without a sign permit issued by the Building Inspector. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the s~gn, supporting structure and location. A copy of any relevant special permit shall also accompany the application. All freestanding or roof signs shall be registered and identified, as required by the State Building Code. Non-conformance of Accessory Signs: Any non-conforming sign legally erected prior to the adoption of this provision, may be continued and maintained. Any sign rendered non-conforming through change or termination of activities on the premises shall be removed within thirty (30) days of order by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or altered ~n any way unless it conforms to the provisions contained herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored or altered unless in conformity of this Bylaw. 4. Street B~n-ers or Signs: Street Banners or signs advertising a public or charitable entertainment or event requires a Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. 6.5 Prohibitions: 1. No sign shall be lighted except by steady, stationary light, shielded and directed solely at or internal to the sign. 2. No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. 29 3 o 5 o 10. 11. 12. 13. 6.6 No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 AM unless indicating time or temperature or an establishment open to the public during those hours. No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police. No animated, revolving, flashing, or neon sign shall be permitted. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the Board of Selectmen. Corner visibility shall not be obstructed. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. No sign shall be erec~te~ displayed, or obscene, indecent, or ~ matter. Flags and insignia of any Government connection with commercial promotion. maintained if it contains any shall not be displayed in No sign shall obstruct any means of egress from a building. Projecting signs are prohibited. Non-accessory signs are prohibited except for directional signs as allowed in Section 6.6, B0 Pez~itted Signs (Fee Required). Residence(t) District - ~cessor~ Si~ - The following signs are allowed in a residence(t) district, as well as in all other districts. A. One sign, either attached or freestanding, indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two square feet in area. Such sign may include identification of any accessory professional office, home occupation, or other accessory uses permitted in a residence(t) district. B. One sign oriented to each street on which the premises _ has access, either attached or freestanding, pertaining to an apartment development or a permitted non- residential principal use of the premises, such sign not to exceed ten square feet in area. C. Temporary signs of not more than twelve (12) square feet in area, erected for a charitable or religious cause; requires no si~ permit or fee. The sign is to be removed within thirty (30) days of erection. Sign Officer shall maintain placement controls. 30 Ho One temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected not to be larger than six square feet; requires no sign permit if the erecting agent has obtained a one-year permit for erecting such sign. (Such sign) to be removed 14 days after sale, rental or lease. One temporary unlighted smgn not larger than twenty-five (25) square fee indicating the name and address of the parties involved in construction on the premises. One unlighted contractor's smgn, not exceeding twenty- five (25) square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such sign shall be removed promptly after completion of the construction. One unlighted identification sign at each public entrance to a subdivision not exceeding twelve (12) square feet in area; to be removed when the subdivision is completed. Off-premises Signs: Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services, or activities on the premises shall be allowed, except that an off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Board of Selectmen, or on private property, if granted a Special Permit by the Zoning Board of Appeals. Such sign shall be authorized only upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location, and design as will not be detrimental to the neighborhood. At locations where directions to more than one (1) establishment are to be provided, all such directional information shall be incorporated into a single structure. Ail such directional signs shall be unlighted, and each shall not be over four (4) square feet in area. Temporary Signs: Temporary signs shall be allowed as provided below, and provided that they comply with the following: Unless otherwise specified in the Bylaw, temporary signs must comply with all applicable requirements for permanent signs, including issuance of a sign permit. 31 3 o Identification Signs or entrance markers for a church or synagogue shall not exceed a combined total of thirty (30) square feet and provided there shall be no more than two (2) signs allowed on the premises. Ko Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; i.e., no hunting, no trespassing, etc. Residence(t) Districts: Non-accessory Signs - Directional signs by Special Permit from the Board of Selectmen, limited as follows: A. Two (2) signs for each activity, not exceeding 6" X 30" in size. B. Ground signs not exceeding eight (8) feet in height. Business and Industrial Districts: Accessory - Ail signs permitted in residence(t) districts, as provided in Section 6.6(A) and 6.6(B), except that temporary real estate signs may be as large as twenty-five 25) square feet. Each owner, lessee, or tenant shall be allowed a primary and secondary sign. Said sign may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. One (1) freestanding sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or taller signs may be allowed by Special Permit of the Zoning Board of Appeals, if said Board determines that the particular sign will not be incongruous with the district in which it is to be located not injurious to traffic and safety conditions therein. For premises having multiple occupants, a single sign, either attached or freestanding identifying those occupants. The total area of attached signs including this one, shall not exceed ten percent (10%) of wall area, and the area of any freestanding sign allowed under this paragraph .shall not exceed twenty-five (25) square feet. Co Temporary unlighted signs inside windows, occupying not more than twenty percent (20%) of the area of the window requires no sign permit. No sign shall project more than one (1) foot over any public right-of-way shall be covered by appropriate liability insurance, as verified by a certificate of insurance filed with the Town Clerk. 32 Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. A freestanding identification sign of fifty (50) square feet with price sign incorporated is allowed. Fo Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one (1) square foot for each establishment occupying the building. Go Traffic Control orientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. Shopping Centers Signs are permitted in residence(t) districts, except that temporary real estate signs may be as large as ten (10) square feet. Bo Signs attached to a building or^i~s canopy, parallel with the facade and not ~ujeccion abo~e the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by an occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred (200) square feet facing any single street. C0 For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand (50,000) square feet of floor area or more, one (1) freestanding s~gn for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within ten (10) feet of any property line or the line of any way, and no part of the sign shall be more than twenty (20) feet above the ground level. Office Parks Signs, as permitted in residence(t) districts, except that temporary real estate signs may be as large as ten (10) square feet. 33 Bo One (1) sign for each street upon which the premises has frontage, identifying a subdivision of lots for office development. This sign shall be no greater than eight (8) feet in height and no larger than twenty (20) square feet in area except where the property fronts on a high- speed, limited access highway, in which case a special exception may be granted for a larger sign, if required for legibility. C. Signs for individual properties or tenants shall be limited to a single sign no larger than three (3) square feet per tenant. Individual tenants must have a Letter of Permission from property owner. The Zoning Board of Appeals may grant a Special Permit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the surroundings, based upon consideration of the number of occupants and signs per building, size of building and integration of sign and building design. Industrial Districts A. Signs as permitted in residence(t) districts, except that temporary real estate signs may be as large as twenty- five (25) square feet. B. Signs attached flat against the wall or canopy of a building, or projecting not more than six (6) feet above such wall, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such signs does not exceed twenty percent (20%) of the area of the side of the building to which they are attached or two hundred (200) square feet, whichever is less. C. One (1) freestanding sign, containing the name or other identification of the use on the property, for each street which the property fronts, each sign is limited to an area of one hundred (100) square feet. Such sign shall not be located closer than forty (40) feet to any property line or twenty (20) feet above ground level. G~ideli~es - The following are further means by which the'objectives for signs can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Special Permit Granting Authority in acting upon special permits authorized under this section, as shall consistency with the basic sign objectives cited above. Efficient 1. Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor ~or lot on the premises is devoted to manufacturing, selling, or other processing of that specific product. 34 Premises chiefly identified by a product brand name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity of the local outlet. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprises. Sign content normally should not occupy more than forty percent (40%) of the sign background, whether a signboard or a building element. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read. Environmental Relationship Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height and colors of other signs in the vicinity. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of One hundred (100) footlamberts in the downtown or similarly bright areas and not in excess of twenty (20) footlamberts in unlighted outlying areas. Building Relationship Signs should be sized and located so as to not interrupt, obscure, or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and where possible, should reflect and emphasize building structural form. Sign material, colors and lettering should be reflective of the character of the building to which the s~gn relates; just as sign size should be related to building size. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turn buckles. Landscaping, Buffering, Lighting In Shopping Centers and Office Parks, landscaping shall be provided and maintained in accordance with plantings approved by the Planning Board and incorporated, as part of the plans on which the Special Permit of the Zoning Board of Appeals is based. In all industrial districts, landscaping shall be provided and maintained in front yards and in side yards abutting public ways for aesthetic reasons to break up lines of buildings and for screening accessory facilities under the requirements discussed below. 35 Specifically, in all Industrial and Business Districts, landscape screening shall be provided adjacent to: A. Abutting existing residential properties; and Bo Abutting limited access highways in addition to the landscaping in front and side yards mentioned above. Landscape screening shall consist of plantings including evergreens; and those plantings to be of such height and depth, as is needed, to screen from view from abutting area any unshielded light source, either inside or outside. Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. Plm-n~mg Board Rec~dation: To be made at Town Meeting. ARTICLE 23, ~IMPACT FEE TR~ST FUND. To see if the Town wilt. vote to approve the establishment of an Impact Fee Trust Fund and to authorize the Town Manager to expend such funds, with the approval of the Board Of Selectmen, subject to Town Meeting approval of an appropriation for the purposes thereof or take any other action relative thereto. Board of Selectmen Board of Selectmen Reco~mendation: Favorable Action. advisory Board Recoa~_ndation: Favorable Action. Planning Board Recoa~_ndation: Favorable Action. EXPLANATION: The establishment of this Impact Fee Trust Fund will allow the Town to accumulate specific payments from developers, grant proceeds, and other gifts and contributions (Non-General Fund Receipts) for/' the purpose of providing resources to fund infrastructure/improvements. ARTICLE 24 .¥ ACCEPTANCE OF M.G.L. CHAPTER 80, SECTION 13B, DEFERRAL OF ASSESSED B~S. To see if the Town will vote to adOPt Massachusetts General Laws Chapter 80, Section 13B, which relates to ~the following: In a city or town which accepts the provisions o~ this section, the board 0f a county, city, town, or district making the order for the assessment of iany betterment, or balance of any assessment apportioned in accordance with provisions of section thirteen, shall, upon the application of the owner 0f the real property assessed, if such owner is eligible for an exemption under clause Forty-first A of section five of chapter fifty-nine, enter into a deferral and recovery agreement with such owner on behalf of the city or town. In any instance in which a board of the commonwealth makes an order for the assessment of any betterments, said board of the commonwealth may 36 enter into a deferral and recovery agreement on its own behalf in accordance with the terms of this section. Any such application shall be filed with the appropriate board within six months after notice of such assessment has been sent out by the collector. Such application may be filed with the clerk or secretary of said board, or delivered by mail or otherwise at their office. The said agreement shall provide: That no sale or transfer of such real property may be consummated unless the bettermen5 assessment which would otherwise have been collected on such real property has been paid, with interest as applied in accordance with the provisions of section thirteen; That upon the demise of the owner of such real property, the heirs-at- law, asszgnees or devisees shall have first priority to said real property by payzng in full the total betterment assessment which would otherwise have been due, plus interest; provided however, if such heir- at-law, assignee or devisee is a surviving spouse who enters into a betterment assessment deferral and recovery agreement under this section, payment of the betterment assessment and interest due shall not be required during the life of such surviving spouse; 3 o That if the betterment assessments due, plus interest, are not paid by the heir-at-law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such betterment assessments and interest shall be recovered from the estate of the owner; and That any joint owner or mortgagee holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement. In the case of each betterment assessment deferral and recovery agreement entered into between said board making the order for the assessment of a betterment and the owner or owners of such real property, said board shall forthwith cause to be recorded in the registry of deeds of the county or district in which the city or town is situated a statement of their action which shall constitute a lien upon the land covered by such agreement for such betterment assessment as has been assessed under the provisions of this chapter, plus interest as hereinafter provided. The statement shall name the owner or owners and shall include a description of the land. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. The filing fee for any statement recorded on behalf of the board of the commonwealth shall be paid by the owner or owners of such real property. The filing fee for other such statements shall be paid by the city or town and shall be added to and become a part of the taxes due. Board of Selectme~ Board of Selectme~ Recoa~aendation: Favorable Action. Advisory Board Reco~m~endation: Favorable Action. 37 ARTICLE 25 EXPENDITURE OF GRANT F~NI)S. To see if the Town will vote to authorize the Town Manager subject to the approval of the Board of Selectmen to apply for, accept and enter into contracts from time to time for the expenditure of any funds allotted to. North Andover by the Commonwealth of Massachusetts or the U.S. Government under any Sta~e or Federal grant program; or to take any other action relative thereto/ Board of Selectmen Board of Selectmen Recou~nendation: Favorable Action. Advisory Board Reco~_ndation: Favorable Action. EXPLANATION: This article authorizes Town Officials to apply for and to accept Federal or State grants that might become available during the coming fiscal year. Without Town Meeting authorization, some grants co~}d be lost or jeopardized due to the delays resulting from t~e necessity of calling a Special Town Meeting or waiting for the ~ext Annual Town Meeting for approval. ARTICLE 26. X-/AUTHORIZATIoN TO RXD-- CONTRIBUTIONS TO MITIGATE S-- SYS~4 INFILTRATION. To see if the Town will vote to authorize the Town Manager, subject to the approval of the Board of Selectmen, to expend grants, contributions, or specific impact fees for the purpose of mitigating sewer system inflow infiltration. Board of Selectmen Board of Selectmen Reco~nendation: Favorable Action. Advisory Board Reco~nendation: Favorable Action. EXPLANATION: A Sewer System Evaluation Survey was completed in 1993. The final report of the survey recommends the rehabilitation of over 67,000 feet of sanitary sewer and related manholes and the removal of over 800 sources of private groundwater inflow. The program will remove over 5 million gallons per day of groundwater infiltration and inflow from the sewers at a cost of approximately $ 2 million dollars. The report also recommends development of a prioritized Capital Improvement Program to replace undersized pipe identified in the study. Funds from grants, contributions, and impact fees from approved developments would be used to augment sums appropriated by the Town for the purpose of cost effective removal of infiltration/inflow and capital improvement of the sewer system. 38 ARTICLE 27. ROADWAY ACCEPTANCE(S) BEARHILL RO~ - KITTP. EDGE ROAD. To see if the Town will vote to accept Bear Hill Road~ Kittredge Road as public ways, as shown on a plan entitled, Defi~iti%~S '~i~.sion Plan of Bear Hill in North Andover, Massachusetts prepa%d-- ~1 ~1A ,~ C. Gelinas and Associates, Inc., dated April 26, 1982, with r~v~~ to October 12, 1982, and recorded in the Essex North Registry of Deeds, ~SoPlan #9085.is ~_h wn Bear Hill Road located from Dale Street to Station 62 + 12 as Road "A" on said plan and Kittredge Road located from Bear Hill ~ to Station 4 + 61+ is shown as Road "B" on said plan. Roa~ George Perna, Director, Div. of Public Works Board of Selectmen Reco~endation: Favorable Action. Board Reconmaendation: To be made at Town Meeting. ARTICLE 28. ZONING AMENDMENT - PORTION OF OSGOOD STRRRT. To see if the Town will vote to rezone a parcel of land located at 980 0sgood Street (Deed Book 1477, Page 265) from Industrial 2 Zone to Business 2 Zone. Antonia~ngano and Others ~~//~~ Board of Selectmen Reconm~endation: To be made at Town Meeting. Planning Board Recommendation: To be made at Town Meeting. 39 ARTICLE 29 ROADWAY ACCEPTANCE - ~TK~I COURT. To see if the Town will vote to accept and name, as a p~blic way, Kingston Court, shown as a 25- foot wide "Bituminous Concrete Dr~ay',- on a plan entitled "Village Green West Condominium at North And~ver/~ S~le 1"=/~0', dated July 7, 1977; Owlled by: Richard L. Kanter, Tru~.e~l%~ge~ree~West Trust; Drawn by: Bradford Ssi vets & Associates, INC., B~i~r~ekM~ss/chusetts, which plan is reco~ed at North District of Essex Cou~y ~gis~Sr~of Deeds, as Plan #7654. /- ~ie F. ~wlings and Others Board of Selectmen Recoa~_ndation: U~avorable Action. Pl2-ning Board Reco~_ndation: Unfavorable Action. ARTICLE 30. TO~N BYLAW - I.R~F P~OLATI~. To see if the Town w%ll vote to amend the Town Bylaw to insert%the ~lowing ordinance: Chapter 161, Paragraph 161-~LeafIR~ulation; Penalties. No leaves shall be raked, swep~ or ~os~into' piles curbside or o~ any property other than t~ o~s ~i~o~t pe~ission. ~y violations of this ordinance wili~e~~able by a fine of $ 200.O~ ~ ~ ~rd of Select~ Re~~t~:~vorable Action. ARTI(~E 31. TOWN BYI~W - ORD~ OF AHTI~ AI~)RESSED AT To see if the Town will vote to add to the Town of North Andover Bylaws, as Chapter 59, Section 59-6, the following: 59-6 ORDER OF WARRANT ARTICLES ADDRESSED AT TOWN MEETING. A. Ail articles in the warrant shall be numbered by the Board of Selectmen. At Town Meeting, the Town Clerk shall place all article numbers in a container. The Town Moderator shall draw a number and that article shall be presented to town Meeting for action. Another number may not be drawn until Town Meeting has disposed of that article. B. Certain articles that are related to each other, as determined by the Board of Selectmen, whereby the passage of the article is depend~nt upon the action of another article - shall be taken as one draWing for action. C. During Town Meeting, after an article has been disposed of and prior to another one being drawn, a voter may move to consider any remaining articles. This motion shall require a four-fifths vote of Town Meeting. D. Once an article has been drawn, a voter may move to postpone consideration to another time. This motion shall require a two-thirds vote of Town Meeting. E. The official record of each Town Meeting shall report the articles in the order as printed in the warrant. Board of Selectmen Favorable Action. Board of Selectmen Reco~nendatio~: 40 ARTICLE 32. ARCHITECTURAL SE~-IC~S - NORTH ANDOVER MIDDLE SCHOOL. To see if the Town will vote to transfer the unexpended balance of $ 239,285 from Article 13 of the May, 1/~, Annual Town Meeting, and to further raise and appropriate, transfer fro~ a~ailable funds, or borrow the additional sum of $ 260,715 more o~% ~ess, /o~a total appropriation of $ 500,000, more or less, to be Tpend~l/~de~!the direction of the School Building Committee, for architectural _~r~i e~/an_d specifications for remodeling, reconstruction, or making extr~r~ni[~y repairs and for the construction of additions to the or ac on 1 Co-w.~ ttee Board of Selectmen R~co~m~ndation: Favorable Action. Advisory Board Reco~mm~-ndation: Favorable Action. ARTICLE 33. ATKINSON SCHOOL ROOF/LOCKER REPLACemENT AT NORTH ANDOVER HIGH SCHOOL. To see if the Town will vote to transfer the unexpended balances from the following warrant articles, totaling $ 166,784.56 more or less to be appropriated for the purposes of repairing or replacing the Atkinson School roof and beginning to replace lockers at the North Andover High School: May, 1992, Article 8 Franklin School Roof \ Asbestos, Middle School \ Retiling, Elementary School May, 1993, Article 11 Several School Roofing Projects Balance $ 2,653.18 34,044.91 688.97 $ 25,206.00 May, 1993, Article 7 Middle School Fire Alarm ECC Chairlift Oil Tank Control System 80,170.00 17,314.00 6,707.50 Total $ 166,784.56 or to take any other action relative thereto. School Committee Board of Selectmen Reco~_ndation: Favorable Action. Advisory Board Recommw~-ndation: Favorable Action. 41 ARTICLE 34. TEAC~,S' EARLY~IVE PROGRAI~. To see if the Town will vote to accept th~o~si~s~of Section 83 of ChaPter 71 of the Acts of 1993, as amended, ~n~ ks~he "Education Reform Act of 1993," to provide for an Early Ret~m~ XIncentive Pro,ram for the North ~dover Public SchoolS, with ~aid[p~m to include a five-year additional credit for a~e, service, ~r~ ~ ~~co~nation thereof and a limit of three (3) on the nu~er of eli~ibl~p~ees. ~ard of Select~ RecePtion: To be made at To~ Meeting. / ~viso~ Board Reco~tion: To be made at To~ Meeting/ ccep pro s o s Acceptance of this Chapter will~all~~n Victualers, Licensed to Sell Wine & Malt Beverages, to a~~L~e~s-- '~and Cordials. ~rd of Selectm~ RecePtion: Favorable Action. To see if the To~ will vote to amend the Zoning Bylaw, Section 8.34, Information Re~ired (Site Plan Review) Table 1 and Table 2, as stated below: Table 1 Information Re~ired For Site Plan Review: Renu~er 9 through 19 to 10 through 20. Add a new nu~er 9, as follows: T~e of Development Proposed ~ Major Intermediat~ Minor %T~ of Info Re~ired x x ~ ~ ~ %~uildin~ Elevation~x Table 2 - T~e of Ik~ormati~ R~ed - Explanation: Renu~er 9 through i9 as 9. BUILDING ELEVATION ~ A drawin~ of the exterior of the ~ildin~, as viewed from the front of the buildin~ must be submitted. T~e ~P~anning Board may request side and rear views if relevant to the Board's ~}view. This drawin~ must be at least 8" x 11" in size and no lar~er than 11" x 17"." Board of Select~ RecePtion: Favorable Action. Pl~--~g ~rd Reco~tion: Favorable Action. ~~TION: This article adds the retirement that an elevation (i.e. view) of the proposed buildin~ or changes to an existin~ buildin~ be provided to the Plannin~ Board as part of the Site Plan Review Application. The Planning Board currently re~ests that an elevation be submitted, however an elevation is not listed in the table of information to be provided. This article simply clarifies the information to be submitted. 42 ARTICLE 37. ZONING BYLAW AMENDMENT - DEFINITIONS - SECTION 2.65- SPECIAL PERMIT GRANTING AUTHORITY. TO see if the Town will vote to amend Section 2.65 of the Zoning Bylaw by adding the following underlined language to Section 2.65: "The Planning Board shall be the Granting authority of all Special Permits to Cluster Development, ~ ~lan~d Development District, (1985/15) driveways, nursing and conv~les~ hZ ~o~es, Watershed Protection District, and large estate condominium~con~c~. U, Planning Board~~/%~ Board of Selectmen Recc~dation: Favorable Action. Pla--ing Board Recommendation: Favorable Action. EXPLANATION: This article adds "Watershed Protection District" to the list of Special Permits issued by the Planning Board. The Planning Board is currently the Special Permit Granting Authority for the Watershed Protection District. This article is a "housekeeping" article. ARTICLE 38. AMEND ZONING BYLAW - LAKE COCHICHEWICK - W~TERS~ PROTECTION DISTRICT SECTION 4.136[7). To see if the Town will vote to amend the Zoning Bylaw, Section 4.136(7) by deleting the second paragraph of 4.136(7) (c); deleting the following language from subsection (d): "The following information will also be required by the applicant, as part of any Special Permit Application."; renumbering subsections 1, 2, and 3 to 5, 6, and 7; and by adding the following language to subsection (d): "An application for a Special Permit under this section shall include the following information:/F°· ~l ~ 1. Application\tm cial permit from the Planning Board; 2. Map on a scale ~f~one (1) inch equals forty (40) feet prepared by a Registered P~fe~sid~al Surveyor or Engineer showing: a. the high watez ~rk of Lake Cochichewick (if high water mark is withir ~hree hundred twenty five (325) feet of any proposed a~ ~vity), the edge of all wetlands, as confirmed by the Conservation Commission (if edge of wetlands is within three hundred twenty-five (325) feet of any proposed activity), the non-disturbance zone, the non-discharge zone, the edge of vegetation clearing (edge of work), 43 Written certification by a Registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. Proof that there is no reasonable alternative location outside the Non- Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur. pl~--~Board Board of Selectmen Recommendation: Favorable Action. Board Reco~_ndation: Favorable Action. EXPLA~%TION: This article clarifies the submittal requirements for a Watershed Protection District Special Permit. The Planning Board currently requires that a map be submitted as part of the application, however, this is not clear from the existing text of the Bylaw. ARTICLE 39. AMEND ZONING BYLAW - DIMENSIONAL R~Q~- SECTION 7.2.1. To see if the Town will vote to amend Section 7, DIMENSIONAL REQUIREMENTS, of the Zoning Bylaw, by adding a new Section 7.2.1 ACCESS. Access to each lot, except for corner lots, must be provided over the legal frontage unless a Special Permit has been granted by the Planning Board; provided that the existence of access to a lot other than over the legal frontage, as of the date of adoption of this Section 7.2.1 shall not render non-conforming the use or structure existing on the lot. Pl~nn~-gBoard Board of Selectmen Reco~nendation: Favorable Action. Pl~-n~-g Board Recommendation: Favorable Action. EXPLANATION: This article adds the requirement that all lots, except corner lots, be accessed over the legal frontage of the lot. : Exceptions to this requirement can be requested from the Planning Board through the Special Permit process. ARTICLg 40. AMEND ZON/NG BYLAW - SECTION 8.5 PLANNED DEVELOPMENT. TO see if the Town will vote to amend Section 8.5 PLANNED RESIDENTID~L DEVELOPMENT, of the Zoning Bylaw with the following: Add the following underlined language to Section 1 (c)- "To prote~t waterbodies and supplies, wetlands, floodplains, hillsides, agricultural lands, wildlife, and other natural resources." 44 Delete the following language from Section 4: "The applicant is encouraged to submit a preliminary plan" and insert the following language: "The applicant must submit a Preliminary Plan per Section 6(G)" Delete the language in Section 6(G) and insert the following language: "G. Calculation of Allowable Residential Density Except as noted in Subsection H below, the maximum number of buildable lots in a PRD will be equal to the number of buildable lots which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a Plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(B) of the "Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts" in effect at the time of Plan submittal, 2. is fully compliant with the "Zoning Bylaw" in effect at the time of Plan submittal, and 3. requires no zoning variances. The Planning Board will use this Plan to determine the maximum number of buildable lots." Pl~nn~-gBoard Board of Selectmen Reco~m~_ndation: Favorable Action. Pla--{ngBoard Reco~mnendation: Favorable Action. EXPLANATION: This article clarifies the process for determining the density of a Planned Residential Development. A Planned Residential Development has the same density as a conventional subdivision. I(ILE 41. ACCEPTANCE OF CONSERVATION RESTRICTION ~DOWOOD I. To see if the Town will vote to accept the Conservation Restriction to the Inhabitants of the Town of North Andover, acting by and through the Conservation Commission on a parcel of land described, as follows: The easterly portions of Lots 1 through 8 designated, as being within the "Existing Wetlands Edge", as shown on Sheet 3 of 7 of a plan entitled "Special Permit and Definitive Plan, Meadowood, North Andover, Massachusetts, Owner and Developer: Meadows Realty Trust, P.O. Box 6700, Suite 209, North Andover, Massachusetts," dated September 15, 1992, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, filed with Northern Essex Registry of Deeds on January 7, 1993, as Plan No. 12178 and recorded with the Essex North Registry of Deeds in Book 3790, Page 106. Thomas Laudani and Others Board of Selectmen Reco~endation: Favorable Action. Board Reconmnendation: Favorable Action. 45 ..~J\\] ARTICLE 42. ROADWAY ACCEPTANCE - MEADOWOOD ROAD. To see if the Town -wikl vote to accept the roadway, as a public way, namely Meadowood Road, as shown on Sheet 2 of 7 of a plan entitled "Special Permit and Definitive Plan, Meadowood, North ~ndover, Massachusetts, Owner and Developer: Meadows Realty Trust, P.O. Box 6700, Suite 209, North Andover, Massachusetts, dated September 15, 1992, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one through seven (1-7), filed with the Essex North Registry of Deeds, as Plan number 12178. Thomas Lauaani and Others Board of Selectmen Reco.~-endation: To be made at Town Meeting. Planning Board Recommendation: Unfavorable Action w.~.~ARTICLE 43. ROADWAY ACCEPTANCE - PHILLIPS CO~)N. To see the Town if ill 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. Thomas Laud~n~ and Others Board of Selectmen Reco~endation: Favorable Action. Planning Board Recoa~nendation: Favorable Action. -~QJARTICLE 44. TERMINATION EASemENT(S) - COBBLESTONE CROSSING. To see-if th~ T°wn will vote to revoke, rescind, and terminate the Form M Conveyance of Easement and Utilities dated January 29, 1993, and recorded with Essex North Registry of Deeds in Book 3772, Page 280, relative to Cobblestone Crossing and to revoke, rescind, and terminate the Grant of Easement on and over Cobblestone Circle and Copley Circle dated January 29, 1993, and recorded with the Essex North Registry of Deeds in Book 3772, Page 279. and Others Board of Selectmen Recommendation: Favorable Action. Planning Board Recommendation: Favorable Action. 46 '~45.~- TRANSFER OF LAND SCHOOL HOUSE LOT, S;%T.RM STRRRT. To see if the Town will vote to transfer to the Board of Selectmen, for the purposes of sale, the parcel known, as the School House Lot, Assessor's Map 106, no lot number, abutting Lot 20 at 1440 Salem Street,. and to authorize the Selectmen to dispose of such interest, as the Town may have in said parcel by sale on such terms and conditions, as they may determine to be in the best interests of the Town, or take any action in relation thereto. ~H £~f~-~D6.- COS~5 Fr. Arshag Daghlian and Others Board of Selectmen Recom~endation: Favorable Action. Planning Board Recommendation: Favorable Action. ) TO PROVIDE INFORMATION TO CITIZENS OF NORTH ANDOVER. To see if the Town will vote to raise and appropriate a sum not to exceed $ 1,000 and to create a special committee of five members, who are not elected officials, appointed by the Moderator to be known as the Committee to Study Annual Town Report and use of Electronic Bulletin Boards. This committee shall recommend the form and contents of minimum information to be provided by each department for inclusion in the Town's Annual Report, the format of the Annual Report and other information of departments which should be made accessible via Electronic Bulletin Board(s) and to submit to the next annual town meeting its written recommendations, including a summary of comments, of all departments, interested parties and any public hearings held. The sum appropriated shall be expended under the control of this committee. Robert Ercolini and Others Board of Selectmen Recommendation: To be made at Town Meeting. Advisory Board Recon~nendation: Favorable Action. ~SARTICLE 47. TELEVISING S~.RCTMEN, SCHOOL COmmITTEE AND OT~RR MEETINGS. To see if the Town will vote to raise and appropriate, o - ap~~,~ ~' ' _ ,- ~ · .3 .... ~ts _] ~.~ ~' ~u,~ not to $1~9-to be expended under the direction of the Board of Selectmen for the purpose of providing for local cable TV viewing, either delayed or simultaneous of all Selectmen meetings, all School Committee meetings and meetings of any other Boards, the later, as determined by the Board of Selectmen. The taped transcripts of these meetings shall be maintained by the Town for a period of three years and copies made available upon request after reimbursement of costs. Robert Ercolini and Others Board of Selectmen Recommendation: Unfavorable Action. Advisory Board Recon~nendation: Unfavorable Action 47 ARTICLE 48. ZONING AMEND~T - GREAT POND ROAD AND PT,RASA~F~ ST~~T. To see if the Town will vote to amend the North Andover Zoning Ordinance together with the Zoning Map to change from RI and R2 to R3, the premises South of Pleasant Street and North of Great Pond Road, as further hereinafter described: The land shown on Registered Land Plan Number 33537C filed with the North Essex Registry of Deeds and shown on said plan, as Lots 4 through 14, inclusive and an unregistered parcel of land shown on said plan, as belonging to Daniel J. Murphy, bounded, as follows: Southeasterly: By the northwesterly line of Great Pond Road, 293.10 feet, 70.00 feet, 215.00 feet, 250.25 feet, and 49.65 feet; Westerly: By land of various owners, 253.03 feet, 159.97 feet, 64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet, 127.20 fe~t~ 143.98 feet, 23.60 feet, 283.32 feet, 15.50 feet, 135.00 feet, 108.48 feet, and 54.25 feet; and Northeasterly: By the Southwesterly line of Pleasant Street, 52.53 feet, 120.80 feet, 98.40 feet, 100.00 feet, 90.02 feet, 71.50 feet, 20.00 feet, 129.14 feet, 37.50 feet, 125.00 feet, 46.50 feet, 78.85 feet, 31.00 feet, 94.29 feet, 75.00 feet. 94.33 feet~ 120.00 feet, 71.14 feet, 38.23 feet, 150.51 feet, 125.70 feet, 170.67 feet, and 54.33 feet. Douglas Ely and Others Board of Selectmen Recommendation: To be made at Town Meeting. Pla--ing Board Reco~nendation: To be made at Town Meeting. ARTICLE~3v~ ROAD- TRASH P.~KF4~%L. To see if the Town will vot~e to provide trash removal services to the residents of Walker Road. Patricia Corsaro and Others Board of Selectmen Recom~_-dation: Unfavorable Action. Planning Board Reco~_ndation: Unfavorable Action. ARTICLE~.~~ROAD - UTILITIES. To see if the Town will vote to assume responsibility for Walker Road and associated utilities. Patricia Corsaro and Others Board of Selectmen Reco~mendation: Unfavorable Action. Board Reco-.-endation: Unfavorable Action. 48 ~1. WAI~KER ROAD - TRASH RECYCLING. To see if the Town will vote to provide~trash recycling services to the residents of Walker Road. Patricia Corsaro and Others Board of Selectmen Recommendation: Unfavorable Action. Pl~-n~ngBoard Recom~_ns~tion:~vorable ~ ~ ~....~ Action. ARTICLE ~. W~J~KER ROAD - SNOW P.~K)~]%L. To see if the Town will vote to provide snow~Yemoval services to the residents of Walker Road. Patricia Corsaro and Others Board of Selectmen Reco~_ndation: Unfavorable Action. Plan-lng Board Recomma=~dation: Unfavorable Action. ARTICLE 53. AUTHORIZATION TO PURCHASE LAND FOR CONSERVATION AND WATER S~f~LY PROTECTION. To see if the Town will vote to authorize the Board of Selectmen to expend funds from gifts and/or state and federal grants; for the purpose of purchasing land for conservation and/or water supply protection purposes and further to authorize the Board of Selectmen to seek funding under Massachusetts General Laws, Chapter 132A, Section 11, for such purposes and to enter into contracts, therefore. Director of Pla-n~-gand Community Development Board of Selectmen Recommendation: Favorable Action. A~visoryBoard Reco~nendation: Favorable Action. Pl~-ning Board Reco~nendation: Favorable Action EXPLANATION: This article is intended to make the Town eligible for specific State and Federal grants for Open Space Acquisition. ~ARTICLE 54. WETLANDS FILIN~ FEES ACCOIH~T. To see if the Town will vote to appropriate a sum from the Wetlands Filing Fees Account to be used by the Conservation Commission in the performance of their duties under the Wetlands Protection Act. ~ Conservation Co-~ssion Board of Selectmen Recommendation: To be made at Town Meeting. A~visoryBoard Reco~m~-ndation: To be made at Town Meeting. 49 ~ARTICLE 55. ROAD~Y ACCEPT~%~TC~ - PA2"I~)i~ vote to accept Patton Lane, as a public way. To see if the Town will George H. Fart and Others Board of Selectmen Recomme~dation: Favorable Action. Pl~nm~ng Board Recoa~m~-ndation: Favorable Action. ~ ARTICLE 56. AUT~ORIZATIG~ TO CG~STRIZC~ BOAT RA~P. To see if the Town w~ll vote to authorize the Division of Planning & Community Development to enter into any agreement that it deems advantageous, consistent with .sound engineering and environmental principles, with the Public Access Board of the Massachusetts Department of Fisheries and Wildlife for the construction and maintenance of a recreational and emergency boat ramp on the parcel of i~nd adjacent to the Merrimack River previously acquired for that purpose. Joseph B. C"LU3h~ng a~dOt_bers Board of Selectmen Reco~m~3~dati~: Unfavorable Action. Advisory Board Recomm~-ndatio~: Unfavorable Action Planning Board Reco~m~m~lati~: Favorable Action. 50 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 13th day of April, Nineteen Hundred and Ninety- th Crouch, ~airma~ Sean J. Fo~tai~ ~  . Leeman,~. ~ /~ P. ~av~S'tano ~ Donald B. 8~owar~, Clork Constable ~ k~ North ~dover, Massachuse Danie~ Long,~ T~ Cler~~ ATTEST: A True Copy ~ '-~ 5! Town of North Andover 1994 Annual Town Meeting FY '95 Supplemental Budget Data 53 TOWN OF NORTH ANDOVER SOURCE & APPLICATION OF FUNDS FY '94 REVISED BUD6ET - FY '95 PRELIHINARY BUD6ET ( O00'S OHITTED) FY '94 FY '95 REVISED BUDGET SOURCE OF FUNDS: BUDGET B.O.S. 4/14/94 Tax Levy $20,527 $21,525 2 l/2 Limit $513 $538 New 6rawth $485 $475 Total Tax Lew/ $21,525 $22.538 Local Receipts State Aid Enterprise Revenue Other Sources Trans. - Overlay Sur Trans.- prior FY $3,900 $4,120 $3,010 $3,196 $5,200 $5,2OO $0 $150 Stto $o Total Sources of Funds $33,745 $35,204 APPLICATION OF FUNDS: Operating Budgets Education N. A. Schools Or. Law. Yoc. Toch. School Building Committee S!5,730 $16,422 $106 $113 88 $8 $ 15,844 $ 16,543 Oeneral 6overnment Debt (P & I) Enterprise-Expense Enterprise-Debt (P & I) Oeneral Insurance Health Insurance Retirement Benefits Legal and Audit $7,920 $8,184 $1,114 $918 $1,790 $1,830 $2,450 $2,321 $444 $444 $1,750 $2,000 $1,072 $1,036 $105 $155 Sub-total Other Articles and Charges: Enterprise - C.I.P.(R&A) Cap. Imp. Res. Fd. & C.I.P.(R&A) Articles - Wentworth Ave Drain. Cherry Sheet Overlay Reserve Fund Contlngency Reserve School Choice Program $32,489 $33,431 $50 $50 $63 $578 $15 S0 $498 S498 $349 $400 $75 $75 $174 $0 S32 $24 Total Application of Funds $33,745 $35,056 Net Surplus $0 $148 Town Moderator Personnel Services Town Manager/Selectmen Personnel Services Other Expenses Advisory Board Other Expenses Town Accountant Personnel Services Other Expenses Assessors Personnel Services Other Expenses Treasurer/Collector Personnel Services Other Expenses Professional Services Audit Legal Town Clerk Personnel Services Other Expenses Conservation Personnel Services Other Expenses Community Development Personnel Services Other Expenses Board of Appeals Other Expenses Building Inspector Personnel Services Other Expenses Sealer of Wts& Measures Personnel Services Other Expenses Animal Inspector Personnel Services School Building Committee Personnel Services Other Expenses Health Department Personnel Services Other Expenses Council on Aging Personnel Services Other Expenses Youth Services Personnel Services Other Expenses FY*93 FY94 Actual Budget 100.00 200.00 136,175.00 142,417.00 55,914.00 49,300.00 8,191.00 8,500.00 113.489.00 115,798.00 2,786.00 6,450.00 126.701.00 130,732.00 13,479.00 17,100.00 213,109.00 213,558.00 102,860.00 115,598.00 30,000.00 30,000.00 123,745.00 75,000.00 51,135.00 53,588.00 52,829.00 42,990.00 53,626.00 55,044.00 2,844.00 3,550.00 98,664.00 106,915.00 9,074.00 4,246.00 903.00 1,225,00 127,597.00 137,617.00 5,005.00 4,656,00 2,588.00 2,590.00 237.00 300.00 1,078.00 2,979.00 266.00 2,631.00 5,476.00 5,810.00 59.584.00 83,118.00 32,399.00 t 6,325.00 80,297.00 87,734.00 12, 106.00 12,108.00 55,886.00 58,573.00 14,001.00 13,115.00 FY95 FY95 Board of Advisory Selectmen Board Recommends Recommends 200.00 148.296.00 50,800.00 8,500.00 110,189.00 6,150.00 137,156.00 42, 100. O0 220,016.00 115,598.00 30,000.00 125,000.00 56,974.00 42,990.00 57,448.00 3,550.00 121,721.00 4,246.00 1,225.00 140,722.00 4,656.00 2,590.00 300.00 3,600.00 0.00 8,441. O0 81,362.00 16,325.00 95,043.00 12,108.00 66,185.00 13,115.00 Veterans Benefits Other Expenses Stevens Ubmry Personnel Services Other Expenses Less Offsets Recreation Personnel Services Other Expenses Personnel Department Other Expenses FY93 FY94 Actual Budget FY95 FY95 Industrial Develop Comm. Other Expenses Rental of Veterans Quarters Other Expenses Historical Commission Other Expenses Patriotic Celebrations Other Expenses Compensation Fund Personnel Services Board of Advisow Selectmen Board Recommends Recommends 19,776.00 26,000.00 26,000.00 210,938.00 217,761.00 223,158.00 110,449.00 108,470.00 108,470.00 (19,643.00) (19,643.00) 14,768.00 15,000.00 17,000.00 13,550.00 16,000.00 9,000.00 3,936.00 4, 100.00 4,100.00 1,522.00 2,500.00 2,500.00 1,200.00 1,200.00 1,200. O0 400.00 800.00 1,100.00 785.00 800.00 800.00 46,000.00 97,000.00 Fire Department Personnel Services Other Expenses Police Department Personnel Services Other Expenses Civil Defense Personnel Services Actual Budget FY95 FY95 Board of Advi$~ Selectmen Board Recommends Recommends 1,961,226.00 1,985,000.00 2,063,034.00 105,222.00 105,611.00 105,611.00 1,514,072.00 1,672,789.00 1,693,913.00 176,115.00 199,471.00 199,471.00 3,842.00 3,850.00 4,284.00 Other Expenses 2,824.00 2,825.00 2,825.00. No. Andover Public Schools Personnel Services Other Expenses Less PL874 Sub-total Regional Vocational School FY93 FY94 Actual Budget FY95 FY9~ Board of Advisow Selectmen Board Recommends Recommends 11,155,210.00 2,945,243.00 12,597,536.00 3,186,043.00 (53,916.00) 13,145,885.O0 3,276,043.00 14,100,453.00 15,729,663.00 16,421,928.00 Other Expenses 170,796.00 106,342.O0 112,735.00 56 Public Property & Buildings Personnel Services Other Expenses Admin. & Engineering Personnel Services Other Expenses Less Offsets Street Maintenance Personnel Services Other Expenses Snow Removal Personnel Services Other Expenses Refuse Disposal Personnel Services Other Expenses Vehicle Maintenance Personnel Services Other Expenses Parks & School Grounds Personnel Services Other Expenses Less Offsets Graves Registration Personnel Services Other Expenses Water Department Personnel Services Other Expenses Sewer & Water Sys. Maint Personnel Services Other Expenses GLSD Other Expenses FY93 FY94 FY95 FY95 Actual Budget Board of Advisory Selectmen Board Recommends Recommends 23,529.00 24,021.00 24,951.00 85,463.00 74,950.00 74,950.00 162,711.00 226,323.00 238,807.00 9,106.00 11,400.00 11,550.00 0.00 (1'10,000.00) (110,000.00) 143,614.00 156,138.00 162,165.00 153,606.00 194,200.00 194,100.00 85,302.00 30,000. O0 30,800. O0 210,960.00 94,200. O0 94~200. O0 219,190.00 194,019.00 225,785.00 695,405.00 759,700.00 766,540.00 87,154.00 85,159.00 60,845.00 143,421.00 139,116.00 131,350.00 128,331.00 137,604.00 174,786.00 23,766.00 25,818.00 26,818.00 (29,000.00) 400. O0 400.00 400.00 2,272.00 1,700.00 1,700.00 289,991.00 281,883.00 291,630.00 385,730.00 391,000.00 391,000.00 152.506.00 131,723.00 191,663.00 77,757.00 75,100.00 75,100.00 844,013.00 910,000.00 881,070.00 Retirement Group Insurance Debt Service-Principal Interest on Long Term Debt Interest on Short Term Debt Bond Issue Expense Liability Insurance Actual Budget Board of Advisory Selectmen Board Recommends Recommends 1,107,570.00 1,071,600.00 1,036,256.00 1,884,476.00 1,750,000.00 2,000,000.00 1,520,000.00 2,040,000.00 1,495,000.00 1,221,786.00 1,327,293.00 1,185,830.00 253,368.00 197,140.00 487,859.00 4,572.00 0.00 70,000.00 440,421.00 444,000.00 444,000.00 57 Town of North Andover - Allocation of Employee Benefits by Division Summary of Board of Selectmen Budget Recommendation allocating associated employee benefit costs to each operating division of the Town. Benefit costs include health and life insurance programs, medicare contributions, and retirement system assessments. Total Personnel Services Total Benefits Total Expenses Less Offsets FY93 FY94 FY95 Board of Actual Budget Selectmen Recommends 1,346,001.00 1,498,255.00 1,604,660.00 385,449.00 363,492.00 391,145.00 623,467.00 540,143.00 612,274.00 (19,643.00) (19,643.00) Total Personnel Services 3,479,140.00 3,661,639.00 3,761,231.00 ITotal Benefits I 800,057.00 754,481.00 811,879.00 ITotal Expenses I 284,161.00 307,907.00 307,907.00 N. Andover Public Schools Personnel Services Benefits Expenses Less PL874 Sub-total Regional Vocational School Other Expenses FY 93 Actual FY 94 Budget FY 95 Rec. 11,155,210.00 12,597,536.00 13,145,885.00 1,402,637.00 1,322,733.00 1,423,361.00 2,945,243.00 3,186,043.00 3,276,043.00 (53,916.OO) 15,503,090.00 17,052,396.00 17,845,289.00 170,796.00 106,342.00 112,735.00 Total Personnel Services 1,292,728.00 1,267,270.00 1,401,832.00 Total Benefits 403,903.00 380,894.00 409,871.00 ITotal Expenses I 2,631,499.00 2,677,184.00 2,648,378.00 Less Offsets J (110,000.00) ( 139,000.00) Debt Service-Principal Interest on Long Term Debt Interest on Short Term Debt Bond Issue Expense Liability Insurance FY 93 Actual FY 94 Budget FY 95 Rec. 1,520,000. O0 2,040,000. O0 1,495,000. O0 1,221,786.00 1,327,293.00 1,185,830.00 253,368.00 197,140.00 487,859.00 4,572.00 0.00 70,000.00 440,421. O0 444,000. O0 444,000. O0 Total Personnel Services Total Benefits Total Expenses Less offsets Less PL874 FY 93 FY94 FY95 Actual Budget Board of Selectmen Recommends t 7,273,079.00 19,024,700.00 19,913,608.00 2,992,046.00 2,821,600.00 3,036,256.00 10,095,313.00 10,826,052.00 10,640,026.00 0.00 (129,643.00) (158,643.00) 0.00 (53,916.00) 0.00 58 North Andover Expenditures for Pubitc Schools The School Budget eppropMetlon voted by Town Heetlng each year does not cover ell tho costs of operating North Andover's Public ~chools. Health Insurance for school employees ls an example of school costs budgeted in ioint Town/~chool Fixed Expense accounts. In addition, several Town Departmental budgets include funds for school related expenditures such es school crossing guards, snow plowing, administrative end accounting functions, etc. Listed below is a summary reflecting an estimate of these types of costs projected in the fiscal year 1995 operating budget. £stlaate - FY ! 995 North Andover Public Schools Appropriation Board of Selectmen Racom mendation $16,421.928 Capital Acquisitions - Raise & Appropriate $205.600 Sub-Total School Appropriation Estimated Expenditures in Other Bu ,dgets Health/Life Insurance Public Works Town Administration and Finance Public Safety Liability Insurance Debt Service Essex County Retirement 6reater Lawrence VoTech Assessment ,School Building Committee Youth ~rvices $1,043,335 $191,028 $305,104 $18,592 $1oo.585 $417,472 $380,026 $105,879 $8,441 $10,000 Amounts Included in Total Budget but Not Appropriated by Town Meeting Cherry Sheet Assessments I~et ired Teachers Health Insurance Special Education - Ch. 71B Tuition - School Choice Assassin ant $204,801 $10,338 $24,054 Total Budgeted Indirect Expenditures $2,819,655 Total FY ! 995 Sehool Expenditures $19,447,183 59 a~m~l To~n ~et~g - ~y 2, 1994 Several months ago, the Board of Selectmen appointed a committee, made up of the Fire Chief, the Director of the Division of Planning & Community Development, and the Administrative Assistant to the Town Manager, for the purpose of reviewing the Personnel Bylaw, as adopted at the May, 1992, Annual Town Meeting. Initially, the committee sought the assistance o~ a personnel professional from AT & T who met with the committee and suggested areas of the Bylaw that needed to be amended in order to reflect curr~nt compliance with Federal and State Laws applicable to personnel administration. The committee met with Personnel covered by the Personnel Bylaw and the Town Manager, and presented their recommended changes to the Board of Selectmen. Because the full text of the amended bylaw is in excess of 40 pages, it was not practical to print the entire Bylaw in the warra~t. Copies have been available at Town Hall, the Stevens Memorial Library,. as well as all precincts. In addition, copies are available for those who want them at Town Meeting. For convenience, this Executive Summary reviews the additions and changes proposed, which must be formally adopted by Town Meeting. Application: The Personnel Bylaw applies to those Town employees who do not belong to a Collective Bargaining Unit. Specifically, it covers Department Heads, Administrators, Inspectors, and a number of part-time personnel such as Library Pages and Crossing Guards. ~nat is Changed? 1. Definitions have been reviewed and clarified. 2 o A new section was added to define a new employee's PROBATIONARY PERIOD. The Town of North Andover uses this period to evaluate an employee's capabilities, work habits, and overall performance. Section 8, PERSONNEL RECORDS, was amended to provide that records of oral warnings and reprimands will be cleared from employee files after 12 months provided that the employee was not involved during such 12 month period in any infraction of the Town's personnel rules, etc. Section 10, COMPENSATION PLAN, was amended by adding a new section PERFORMANCE EVALUATION. Generally, the Compensation Plan provides for Salary increases at the conclusion of the probationary period and thereafter annually until the employee has reached the maximUm level of compensation. The annual increase shall be based on performance of the employee during the preceding period and not 60 solely on the length of service. The new section further defines the employee performance evaluation process. 5. The following CLASSIFICATION OF POSITIONS was added to Section 12: Personnel/Purchasing Administrator Permit Manager Bathing Beach Assistant Supervisor Water Analyst Junior Environmental Inspector Council On Aging - Outreach Worker Council On Aging - Bookkeeper S 17 S 17 Misc S 15 S 9' S 6 Misc Schedule E positions: Miscellaneous Compensation Schedule for part-time Present Proposed Animal Inspector $ 89,86/MONTH S 3OO.O0/MOiTfl Civil Defense Director 40.77/WEEK &l.99/WEEE Gas Inspector/PLumbing Inspector 11.76/PER/INSP 13.33/#0UB Library Page MIN-4.35/II-4.62/III-4.90 Bathing Beach-Assistant Supervisor Po[ice Matron Reserve PatroLman School Crossing Guard Electrical Inspector Recreation Director Bookkeeper - Council on Aging 9.91/HOUR 9.91/HOUR 7.09/HOUR 459.79/WEEK 7,SOO.OO/YEAR 8,OO0.OO/YEAR 900.OO/YEAB 950.00/YEAR 3?4.9]/UEEZ 10.~1 10.Zl 13.33/#0UR Section 15. LONGEVITY ELEGIBILITY has been amended to provide that eligible employees shall include Continuous Regular Part-Time employees. Longevity increments have been amended as follows: LENGTH OF SERVICE PRESENT PROPOSED 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 $ 400.00 $ 650.00 $ 750.00 $ 700.00 $ 800.00 $ 750.00 $ 850.00 $ 800.00 $ 900.00 Longevity will be pro-rated for regular part-time employees. Section 16. UNIFORM (CLOTHING) ALLOWANCE. This section has been amended to allow the Town Manager, subject to an appropriation, to provide Specialty Clothing Allowance to other employees, including public safety dispatch employees, when necessary for the performance of the employee's job. Section 20. VACATION LEAVE has been amended by providing that employees after ten years of service shall receive one additional day for every year of continuous service for every year thereafter 61 10. to a maximum of five weeks. This section has also been amended to restrict the maximum number of weeks of unused vacation that an employee can accumulate. Section 21. SICK LEAVE. This section has been amended to provide sick leave benefits to employees if actively participating india Town approved alcohol or substance abuse program. 11. Section 25. EDUCATIONAL REIMBURSEMENT. This section has been amended to provide that regular part-time employees having completed two years of service to the Town shall be eligible to receive educational reimbursement, on a pro-rata basis. This section has been expanded to provide reimbursement for registration fees and books in addition to tuition. In addition, a provision -has been added to provide an incentive to employees who acquirei~a degree, who are not otherwise required by job description to havel a degree to receive an annual educational incentive based upon the following schedule: Employees covered by this section, whose job description does not require a college degree and who are not holders of a degree, may receive an annual salary adjustment based upon the following schedule and subject to the approval of the Town Manager and the appropriation of funds: 12. Associates Degree Bachelors Degree $ 750 1,000 Several sections of the Bylaw were changed to reflect compliance with applicable provisions of the Family Medical Leave Act and American's With Disabilities Act. During the following year, the Bylaw and the compensation plan far covered employees needs further review and revision. Specifically the Town Manager will undertake a review of the present "grid system" compensation plan, as well as a review of Employee Classification and Job Descriptions. Proposed changes, as a result of that review, will be brought forward for adoption at the May, 1995, Annual Town Meeting. JG:map 62 NORTH ANDOVER RECYCLING SUMMARY 1994 CURBSIDE RECYCLING WITH ,RED BIN ONLY WHAT YES NO HOW WHERE & WHEN eOflly frosted~ eNO OTHER/~2 PLASTIC eRinse clean milk or Juice jugs CONTAINERS eCollapse or string  owith this symbol eNO OTHER SYMBOLS together ~ ~:~ bottom, and number on OR NUMBERS ON BOTTOM -Labels OK ~.j iF_,~,..il[e~llllc[..~ ~ eNO PLASTIC nAGS  eMagnetic cans only eNO AEROSOL CANS eRInse olean eFully opened at one eNO OTHER METAL elf possible, ~} end OBJECTS remove lids and  flatten · l-~-be!s OK Curbside Pickup  eClear, eNO OTHER GLASS eRInse clean on your recycling green ITEMS el.abels OK week· Please see and brown eNO BROKEN GLASS eRemove lids glass calendar which  ebottles and jars is distributed with red bin eNewspaper eNO SOILED PAPER ePlace lit paper ~', eCardboard and eNO OTHER PAPER bags or tie in bundles Magazines OK if no larger than  included in 18" x 18" x 6" high newspaper size bundle ~~ eNon magnetic eNO BOTFLE OR JAR eRinse clean eOeposit & non-deposit UDS cans eNO PIE PLATES OR OTHER Recycling ®Stoves, refrigerators, eNO DOORS ON ®Call DPW to Picked up curb-side :---' etc. REFRIGERATORS - arrange for pick- at time Set UP with  YOU MUST REMOVE up 689-0950 DPW eMattresses, ePlace ONE item Place item on curb ~' '~1' '~/'~'~ ~-----~ ~."k--'~ furniture with regular with your regular curbaide pickup Weekly Pickup eA mattress &  boxspring is considered I item (~) el. eaves, wood-chips, eNO STUMPS (refers to Permits are required Fall Pickup-watch for grass clippings, peat, municipal and [o.r any yard material announcement· sod, soil, shrub residential only) :)t~er than 100% grass Or take to Sharpner's 3r leaves.  prunings, earth fill, ~5.00 Car Sticker Pond Road Recycling loam, gravel, street for year· Center: Hours: i~~ sweepings $3 00/load for ickup · · . .... [3.~_:,_. Aprl 15 - Dec. 11, Tues, truck, va. u, .a,,u~ ...... $10.00/load for 6 wheel ~nura, .~at.. - 3pm dump truck, j* * For the present time, the Cyr Recycling Area will be accepting GRASS AND LEAVES ONLY, until further notice. ALL OTHER YARD DEBRIS INCLUDING BRUSH, TREE BRANCHES, CONCRETE, AND GARDEN REMAINS WILL NOT BE ACCEPTED AT THIS TIME. JUST A REMINDER, NEWSPAPERS ARE NOT PICKED UP CURBSIDE UNLESS THEY ARE PUT OUT WITH THE RED RECYCLING BIN, Bins can be purchased at the Public Works office Monday thru Friday 9:00 AM - 12:00 noon, ARTICLE RESERVE F~ND. To see if the Town will vote to raise and appropriate $ 75,000 to fund the Reserve Fund; or to take any other action r~lative thereto. Board of Selectmen Board of Selectmen Reco~m~_ndation: Favorable Action. Advisory BoardReco~m~dation: April 1, 1993 20 ARTICLE . ADOPTIO~ OF ~ 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. Board of Selectmen Board of Selectmen Reccmm~_ndation: April 1, 1993 21 ARTICLE ~ TO BUILDING PERMIT F~-q. 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 municipality 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 municipality owned buildings and structures. Building Permit fees for municipality owned buildings and structures may be waived only by the Board of Selectmen. Fees will be paid on mechanical and utility work only." Division of Planning Cc.,..~nity Development Board of Selectmen Reco~m~endation: Favorable Action. April 1, 1993 22 ARTICLE ROA/]W~Y ACY~PTANCE - HOLLY RID6~. 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 McGarzy and Others Board of Selectmen Re~dation: Planning Board Rec~/,~_ndation: April 1, 1993 23 ARTICLE. 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 Reccmmmendation: Favorable Action. April 1, 1993 24 ARTICLE. ACQUISITION OF LAND - ROUTE 114 AT MILL ROAD/WIT~OW STRRRT. To see if the Town will vote to acquire by purchase, 91 ft. eminent domain, or otherwise, the fee or any lesser interest in Parcel Nos. i-T, 2-T, 3-T, 4-T, 5-T and 6-T identified on a plan entitled Preliminary R.O.W. Plan, Route 114 at Mill Road/Willow Street, North Andover, Massachusetts" dated November 2, 1992, and prepared by Vanasse Han~en 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, expend from Chapter 90 funds, or borrow ( ) for 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 Re~dation: Planning BoardReco~m~_ndation: April 1, 1993 25 ARTICLE ROAIYaIAY A~ - 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 Reco~aendation: Planning BoardReccmm~_ndation: April 1, 1993 26 ARTICLE . RR?~IE PARCK~ 219 THRU225 OF~_P 106A. 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 $. Janusz and Others Board of Selectmen Reccmm~_ndation: Planning BoardReco~m~ndation: April 1, 1993 27 ARTICLE . ZONING - C~UR~E ZONIN~~~S FROM TWOACRE TO ONE ACRE ZONII~. 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. 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 Board of Selectmen Reco~m~ndation: Planning BoardRecc.,,,~_ndation: April 1, 1993 28 ARTICLE R~Y ACCEPTANCE - BREWSTER b'l'~K~.r. To see if the Town will vote to accept Brewster Street as public way. Wm. F. Genmmrelli and Others Board of Selectmen Re~dation: Planning Board Recca,m~ndation: April 1, 1993 29 ARTICLE ~R[~ASE OF ~ - DAT~ STRR~r. 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. H. Michael & Stephen M. Smolak Board of Selectmen Re~dation: Planning BoardRe~dation: April 1, 1993 30 ARTICLE REPAIR ANDREPLAC~9~ZNT OF ROOFS. To see if the Town will vote to transfer from available 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 $ 196,206 26,996 Total $ 223,202 North Andover School Committee Board of Selectmen Reco~m~ndation: Favorable Action. April 1, 1993 31 ARTICLE APPROPRIATION OF F~NDS TO PUR(/~%SE 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. Beznheim &Others Board of Selectmen R~ccmm~ndation: Advisory BoardReco~m~ndation: April 1, 1993 32 ARTICLE /~~TTO~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 Maximum FEE up TO $ 500,000 $ 2,500 $ 500,001 - $ 1,000,000 $ 5,0o0 $ 1,000,001 - $ 1,500,000 $ 7,500 $ 1,500,001 - $ 2,000,000 $ 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 April 1, 1993 33 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 bythis 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. ~onservation Commission Board of Selectmen Recoam~ndation: Planning BoardReco~_ndation: April 1, 1993 34 ARTICLE PROHIBITIC~OF POWERBOATS ON LAKE COC~I~CK. To see if the Town will vote to amend the Code of North Andover by the creation of a Bylaw which prohibits the use of all gasoline or diesel powered boats on Lake Cochichewick and its tributaries. Conservation Ocmm~ssion Board of Selectmen Reccmm~_ndation: Planning BoardReco~m~endation: April 1, 1993 35 ARTICLE 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. ConsezvationC~ssion Board of Selectmen Reco~m~n~tion: Planning BoardRec~,,~endation: April 1, 1993 36 ARTICLE RETI]RN OF FUNDS TO FIRST CITY DEV~TO~. To see if the Town will vote to raise, appropriate or transfer from available funds $ 40,000 for the purpose of returning to First City Development Corporation a deposit of money 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 Reco~m~_ndation: Planning Board Reccm,m,~_ndation: April 1, 1993 37 ARTICLE REZONE - OS6~OD STRk~T. 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. Ricbard A. Augeri &Others *** MAP *** Board of Selectmen Reccmm~_ndation: Planning BoardReccm~endation: April 1, 1993 38 ARTICLE AOQUISITION OF EAS~ENT - LOIS H.D~. 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 Jospeh 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, 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; April 1, 1993 39 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 an appropriate transfer from available funds, or borrow and appropriate sum of money for said acquisitions; or take any other action relative thereto. George Perna, Dir., Division of Public Works Board of Selectmen Reccmm~_ndation: PlanningBoardRec~dation: April 1, 1993 40 ARTICLE. ACQUISITION OF EA~~ - STEPHEN SC[KJ~Y. 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 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 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 April 1, 1993 41 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 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 10,556 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 Reco~m~_ndation: Planning BoardRecc~maendation: April 1, 1993 42 ARTICLE ACQUISITION OF ~ - JOSEP~A. SCULLYAND F~ANCIS M. SC[~Y. 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 110 on Assessors Map 103 (hereinafter ,,temporary easement April 1, 1993 43 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 Re~dation: Planning BoardReccmm~_ndation: April 1, 1993 44 ARTIC~R ACQUISITION OF EA~~ - JAME~ 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 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 A~sessors 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; April 1, 1993 45 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 Reccmm~_ndation: Planning BoardReco~m~_ndation: April 1, 1993 46 ARTICLE Af~3ISITION OF EAS~ - SANTO ~-qSINA AND ANNE ~w-qSINA. 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 April 1, 1993 47 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 Rec~mmendation: Planning BoardRecc~,,,~_ndation: April 1, 1993 48 ARTICLE ACQUISITION OF ~ - LOIS H. D~ERS, JOSEPH A. SCULLY, FRANCIS M. SCULLY, SANTO MESSINA AND ANNE ~%qSINA. 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 April 1, 1993 49 "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 and appropriate sum of money for said acquisitions, or take any other action relative thereto. George Perna, Director, Division of Public Works Board of Selectmen Reccmm~_ndation: Planning BoardReco~m~_ndation: April 1, 1993 50 ARTICLE ACQUISITION OF ~ - JOSEP~ A. SCULLYAND FRANCIS M. SCULLY, ~ J. SCU~Z~, SANTO ~-qSINA AND ANNE ~qSINA. 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 Re~dation: Planning BoardReco~maen~tion: April 1, 1993 51 ARTIC[~ ACQUISITION OF EAS~Kg~T - JAMES S. AND MARGARET WALKER. To see if the Town will vote to authorize the Board of Selectmen to acquire form 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 Reco~tion: Planning BoardReco~men~tion: April 1, 1993 52 ARTICLE Af~JISITIfa~ OF ~ - JAMES S. WALKER AND MARGARET L. WALKER; LOIS H. D~S, AND SANTO AND ANNE MESS/I~A. 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 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. April 1, 1993 53 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 Reco~m~_ndation: Planning BoardReco~m~_ndation: April 1, 1993 54 ARTICLE GARBAGE, RUBBIS~ & 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 ~ 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. No scrap metal or appliances; 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: 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 XXX-1 found in the trash will be reason for the Division of Public Works or its agents to refuse to pick up ALL trash at that dwelling. George Perna, Director, Division of Public Works Board of Selectmen R~dation: April 1, 1993 55 ARTICLE ~ TO ARTICLE 12, 1992, ANNUAL TOWN ~TI19S. 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 GoodwinandOthers Board of Selectmen Re~dation: ~zlvisoryBoardR~dation: April 1, 1993 56 ARTICLE 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. Open Space Advisory Gonm~ittee and Others Board of Selectmen Recommendation: Advisory Board Reccx,,,-~ndation: Planning~Re~~tion: April 1, 1993 57 ARTIChE ACQUISITION OF EAS~9~T - THE~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. ShawnSlatteryan~lOthers Board of Selectmen Reccmm~_ndation: Planning Board Reco~m~_ndation: April 1, 1993 58 ARTICLE ~~TTOGENERALB~S - 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 FournierandOthers Board of ~electmenRe~dation: PlanningBoardR~dation: April 1, 1993 59 ARTICLE . EARLY~I~ INCRNT_IVE. To see if the Town will vote to adopt the provisions of Chapter 399 relating to an early retirement incentive. Finance Director Board of Selectmen Reco~m~_ndation: Advisory BoardRe~dation: April 1, 1993 60 ARTIC~ ~0DIFICATIONOF ~ 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: Delete paragraph 8.5 (6) C, Site Plans Dimensional Regulations- - 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 rtu~ning 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 by Special Permit granted by the Planning Board. The Buffer Zone shall remain in its natural state except; (i) 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 by Special Permit granted by the Planning Board. Such roadways shall be minimized within the context of sound subdivision planning practices. Planning Board Board of Select~enRecommen~tion: Planning BoardRe~dation: April 1, 1993 61 ARTICLE . 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 Hardcourt 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. Planning Board Board of Selectmen Re~dation: PlanningBoardReccmm~_ndation: April 1, 1993 62 ARTICLE ~ 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 Re~dation: Planning BoardReco~m~_ndation: April 1, 1993 63 ARTICLE ~ TO ZONI/qG 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 Re~dation: Planning BoardReccmm~_ndation: April 1, 1993 64 ARTIC~R ~ 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 ~ 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 Reco~endation: Planning BoardReccma~endation: April 1, 1993 65 ARTICLE ~~TTO ZONING B~ 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 Recoam~n~tion: Planning BoardRecca,,,~dation: April 1, 1993 66 ARTICLE ~ OF ZONIN~ 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 Reco~m~endation: Planning BoardRe~dation: April 1, 1993 67 ARTICLE ~ ZONIN~B~ANDMAP - 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. The purposes of the Flood Plain District are: so Ensure public safety through reducing the threats to life and personal injury. b. Eliminate new hazards to emergency response officials; Co Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding; do 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; fo Reduce damage to public and private property resulting from flooding waters. 3. 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: so Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 2102.0, "Flood Resistant Construction"); April 1, 1993 68 bo Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); Co Inland Wetlands Restriction, DEP (currently 302 CMR 6.00); do Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); eo 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. 4. 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 floodproofing requirements, as appropriate, of the State Building Code. In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: Se Ail encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer or architect is 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. Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code. 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: so Agricultural uses such as farming, farming, horticulture, etc. grazing, truck b. Forestry and nursery uses. April 1, 1993 69 Co Outdoor recreational uses, including fishing, boating, play areas, etc. d. Conservation of water, plants, wildlife. eo Wildlife management areas, foot bicycle and/or horse paths. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises. Buildings lawfully existing prior to the adoption of these provisions. Planning Board Board of Selectmen Reco~m~_ndation: Planning BoardReco~tion: April 1, 1993 70 ARTIC~,R ~OF~B~- 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: 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 Reccmmaendation: Planning BoardReco~mendation: April 1, 1993 71 ARTICLE APPROPRIATION TO FIX DRAINAC4R 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 Highway Surveyor for the purposes of alleviating an existing drainage problem on Wentworth Avenue. Paula M. Holland and Others Board of Selectmen Reconmuendation: Planning BoardRec~tion: April 1, 1993 72 ARTICLE . R~Y ACCEPTANCE - JETWOOD b'l~K~r. ~To see if the Town will vote to accept Jetwood Street as a public way. DannR. Nicolosi and Other~ Board of Selectmen Re~dation: Planning BoardReccmm~_ndation: April 1, 1993 73 ARTICLE ACCEPTANCE OF PARCEL OF LAND ENTITLM] PHILLIPS ~. 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 Reccmm~ndation: Planning BoardReco~aendation: April 1, 1993 74 ARTICLE R~Y 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 LawlorandOthers Board of Selectmen Reco~m~ndation: Planning Board Recommendation: April 1, 1993 75 ARTICLE R~Y ACCEPTANCE - PHILLIPS (XI%9~DN. 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 LawlorandOthers Board of Selectmen Reco~mendation: Plann/ngBoardReco~nendation: April 1, 1993 76 ARTICLE School Department's FY '94 Salary Account unencumbered salary accounts. Town Manager Board of Selectmen Reco~m~ndation: Advisory BoardReccm~endation: . To see if the Town will vote to transfer to the from FY '93 April 1, 1993 77 ARTICLE 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. Board of Selectmen Reccmm~ndation: Favorable Action. April 1, 1993 78 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 nou 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 19th day of April, Nineteen Hundred and Ninety-Three. NORTH ANDOVER BOARD OF SRLRCTMEN - Donald B. Stewart, Clerk Attest ..................... Constable North Andover, Massachusetts ATTEST: A True Copy Daniel Long, Town Clerk REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAl. TOWN lVI~ETINO Boa~d et S~ect.m.e.n To?z~D~B,,ildin§ ,::~9~An~ver, Massachusetts .~.~ f~.~ . ~ ~ Cd J, · l_ ! requested,, that the following Article be inserted in the Warrant lo~ the 19 Andffver~ual Town Meeting: (AP.PROPRIATION ARTICLP.) North Article/ '*: To see if the Town will vote to raise and appropriate the sum o! $. , to be expended under the direction of the "for file purpose of OR: (OTHER) Article *: To see :if theTown will vote.to for Walker Road arid associated utilities. assure responsibility (If Petitioner isa Town Agency) OR: (I[ the insertion of the proposed Article is at the request of "ten or more registered voters of the town" under G. L.c. 39, a.~,0~ Pe~Rion of the .... By: Petiti011'.'of Rober~ McComiskie ** and others Street Address *Leave blank; the Ar- ticle number will be later determined **Insert the name of the [irs~ signer o[ tile REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAL TOWN MEETING ,19 Board of Seamen omding ] ! . I · I~ m~.er~ requested: that the following Article be inserted in the Warrant/or the 19 ndover : Town (APPROPRIATION ARTICI,R) North Articl-' '*: To see H the Town will vote to raise and appropriate the sum ol $.. , to be expended under the direction of the "for the purPose OR: (OTHER) Article *: TO see if the Town will vote.to services to the residents of Walker Road. provide trash recycling (I[ Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the reques~ o! "ten or more registered votem of the town" under G. L. c. 39, s. 10) Petition of the By: Petitiori~of. Ter, es.a M. McCue ** and others Street Address *Leave blank; the Ar- ticle number will be later determined **Insert the name of ! the first signet o! the' REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAL TOWN MEETING Board of Selectmen Town Oflic~uilding Massachusetts ~..~ti~is ~reby requested, that the following Article be inserted in the Warrant for the 19 An~do~r Am~uai Town M~ting: (AP.PR0t~IATION ARTICLE) o North Article-' '*: To see il the Town will vote to rmlse and appropriate the sum of $, , to be expended under the direction o! ~he "for the purpose of OR: (OTHER) Article *: Tp see ~! the Town will vote.to provide snow removal services to the residents of Walker Road. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the reques~ of "ten or more reglst~red votem of the town" under G. L. c. 39, s. 10) Petition o! the By:. Petiti0ff~i Nancy~ Cowen ** and others Street Address '~~1~_ *Leave blank; the Ar- ticle number will be later determined **Insert the name the first signei~ of the'!' DANIEL TOWN CLEi~K ~NWEALTH OF MASSACHUSETTS~uIt~H A~L) DVER March 18 DATE: Board of Selectmen To~ Office Buildin~ North ~dover, Massachusetts , 19 94 Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 94 North ~kndover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ direction of the , to be expended under the for the purposes of: oR (OT~D~R) Article *- To see if the Town will vote to authorize The Board of Selectmen and to expend from gifts, or State and Federal Grants; and to seek fuhding under MGL Chapter 132A Section 11 and to enter into contracts therefor; for the purpose of purchasing land for conservation and/or water supply protection purposes. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Petition of the Director of Planning and Community Development Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. CO~O~F~EALTH OF MASSACHUSETTS REGUEST FOR INSERTION OF ARTICLE IN THE HARRANT FOR T~E 1994 ANN~AL TOWN ~R~TING DATE: , 19 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *' To see if the Town will vote to raise and appropriate the sum of $ direction of the for the purposes of: , to be expended under the oR (o~m~) Article *- To see if the Town will vote (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .:0) Petition of the By: Petition of Name ** and others Street Address * Leave blank; the Article Number will be 1 a t e r determined. **Insert the name of the first signer of the request. ARTICLE ADOPTION OF MGL CHAPTER 44, SECTION 53E 1/2.. To see if the Town will vote to adopt the provisions of MGL, Chapter 44, Section 53E 1/2, in order to establish a revolving fund for the Town's Recycling Program. Director, Public Works REQUEST FOR INSERTION OF ARTICLE IN TilE WARRANT FOR THE 19 ANNUAL TOWN MEETING Board of Selectmen Town Office Bu/lding North An.dover, Massachusetts Gentlemen: ] I ~ It is hereby requested that the following Article be inserted in the Warrant for the 19 ~'~North Andover Annual Town Meeting.: (AP.PROPRIATION Article' '*: To see il the Town will vote to raise and appropriate the sum .ARTICLE) of $ , to be expended under the direction o! the "for the purpose o! OR: (OTHER) Article (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or i more registered voterS! of the town" un,er G. L. c. 39~ s. 10) Petition of the By: Petition o! Name *Leave blank; the ticle number will be later determined **Insert the name of the first signer of the *: T.o see if theTown will vote to ~sE~/c~/ ** and others Street Address TOWN OF NORTH ANDOVER, MASSACHUSETTS REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAL TOWN MEETING Date: March 15~ ,19 9~4 Board of Selectmen Town Office Building North An,dover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover .annual Town Meeting: Article '*: To see if the Town will vote to raise and appropriate the sum (APPROPRIATION ARTICLE) of $- ........ , to be expended under the direction of the To see i£ the Town will vote to authorize the Division o£ Planning and Community Development to enter into any agreement that it deems adYansageous, consistent with sound engineering and environmental principles, with the Public Access Board o£ the Massachusetts Department o£ Fisheries and wildli£e for the construction and maintenance o£ a recreational and emergency boat ramp on the parcel previously acquired for OR: or land adjacent to the Merrimack River that purpose. (OTHER) Article . *: To see if the Town will vote to (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the town" under G. L. c. 39, s. 10) Petition of the By: Petitionof~)OSC-~/~]~ /~. YL~,.J'/~/'/~' **andothers Street Address *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the Request. TOWN OF NORTH ANDOVER, MASSACHUSETTS REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAL TOWN MEETING Date: April 13 ,19 94 Board of Selectmen Town Office Building North An,dover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meetin.~.: (APPROPRIATION Article. *: To see if the Town will vote to raise and appropriate the sum ARTICLE) of $ , to be expended under the direction of the for the purpose of OR: (OTHER) Article. *: To see if the Town will vote to appropriate a sum from the Wetlands Filing Fees Account to be used by the Conservation Commission in the per- formance of their duties under the Wetlands Protection Act. (If PetitionerisaTown Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the town" under G. L. c. 39, s. 10) *Leave 'blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the Request. Petition of the Conservation Commission Petition of ** and others Name Street Address ARTICLE OP/)ER OF C~TW.IN~ WARRANT ARTICLES. To see if the Town will vote to call warrant articles for the May, 1994, Annual Town Meeting in accordance with a lottery procedure. Board of Selectmen Board of Selectmen Reco~endation: March 17, 1994 2 ARTICLE ANNI~_L TOWN :ion of Town Officers appearing on the ballot have already ~ acted_.u~ at the Annual ~own Election on March 7, 1994. ~,~ ~Q \% 10 ¥~'' 2~ Board of Selectmen Board of Selectmen Reco~endation: March 11, 1994 2 ARTICLE . REPORT OF RECEIPTS A~D ~i~. To see if the Town will vote to accept the reports of recei~%~~itures as presented by the Selectmen in the 1993 Annual Town Report..~ ~ I~ 19 ~ '~ Board of Select~e~ Board of Selectmen Recommendation: March 11, 1994 3 ARTICLE COMPENSATION ."IALS. To see if the Town will vote to fix the salary and compensation c~9~ elected officers of the Town, as provided by Section 108 Q~.eC~pt~% ~VoMf~'the General Laws as follows; or to take any other action rela~}%e~'~hereto: Board of Selectmen/Licensing Commissioners, each per annum $ 1,200 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 Reco~_ndation: Advisory Board Reco~_ndation: March 11, 1994 4 Town will vote to accept the reports of any special appointed committees or to take any other action relative thereto. MM l~i~l(t2l'q 10 ~ 'Ql| Board of Selectm~_n March 11, 1994 5 ARTICLE . AIFI~ORIZATION TO TRANSFER see if the Town will vote to transfer unexpended balance~ various ~.~ticles to supplement other previously appropriated articles mr c ~ I Director of Finince Board of Selectmen Recommendation: Advisory Board Recommendation: March 11, 1994 6 ARTICLE FISCAL YEAR 1994 BUDGET TRANSFERS. To' the Town will vote to transfer into various line items of ~al Ye~.~1993 operating budget from other line items of said budg~t~ a~l~~ther available funds; or to take any other action relative t~t~ %& ~ Board of Selectmen Board of Selectmen Recommendation: To be made at Town Meeting. AdvisoryBoard Reco~mn~dation: To be made at Town Meeting. March 11, 1994 7 1995. TO see if the Town will vote to raise ~ ~p~~e, transfer from available funds, or borrow under the prov~i~hs~ --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 Board of Advisory Project Department Selectmen Board Description Request Recounted Recousnend C.I.P. OPERATIONS POLICE DEPi%RT~IENT: 1. Police Equipment 2. Take Home Cruiser Plan 3. Animal Control Van 4. Traffic Lights/Waverly & Mass. Ave Sub-Total Police Department FIRE DEPART~ENT: 5. Replace Engine 3 & Rescue Truck 6. 4-Wheel Drive Vehicle Sub-Total Fire Department $ 94,478 $ 55,500 355,056 0 17,394 17,400 21,60.0 21.,600 $ 488,528 $ 94,500 $ 390,000 $ 390,000 23,000 23,000 $ 413,000 $ 413,000 March 11, 1994 8 Department Project Description Department Request Board of Selectmen Recoa~n~ Advisory Board Rec~d SCHOOL DEPARTMENT: 7. Technology Equipment Sub-Total School Department $ 205,582 $ 205,582 $ 205,600 $ $ 205,600 $ PUBLIC WORKS: 9 10 11 12 13 14 15 16 17 18 19 Public Works Equipment Road Improvement Program Water Main Rehab Water Main Rehab Engineering Ozone Generator Ozone System Computer System Mod. @ WTP Add'l. Water Supply-Feasibility Study GAC Filter Replacement Sutton Street Sewer Relief 216,500 150,000 825,000 30,000 650,000 29,600 28,000 25,000 90,000 230,000 Sewer System Ext. Phase 3 GPR 1,500,000 Sewer System Improvements I/I 500,000 Sub-Total - Public Works $ 4,274,100 $ 216,500 0 825 000 30 000 650 000 29 600 28 000 25 000 50 000 180 000 1,500 000 535,000 $ 4,069,100 PLANNING & CO~4UNITYDEVELOPMENT: 20. Council On Aging-12 Passenger Van $ 21. Vehicle - Building Inspector 22. Open Space Acquisition Sub-Total - Planning & Comm. Dev. $ 22,000 $ 23,000 13,000 15,500 20,000 0 55,000 $ 38,500 TOTAL CIP OPERATIONS: $ 5,436,210 $ 4,820,700 $ FACILITY NEEDS: SCHOOL DEPARTMENT: 23 ADA Plan, Phase I 24 Replace Thomson School Heating Sys. 25 High School Reroof 26 Replace Windows Middle School 27 Atkinson School Roof 28 High School Lockers 29 Design Fees Middle School Sub-Total School Department $ 189,400 $ 189,400 $ 220,000 220,000 352,000 352,000 92,000 0 120,000 120,000 47,000 47,000 500,000 500,000 $ 1,520,400 $ 1,428,400 TOWN~T.T.: 30. Addition/Renovation Sub-Total Town Hall $ 500,000 $ 500,000 $ $ 500,000 $ 500,000 CENTRAL FIRE STATION: 31. Architectural/Design (incl. site survey) Sub-Total Central Fire Station $ 270,000 $ 270,000 $ $ 270,000 $ 270,000 March 11, 1994 9 FIRE STATION TWO: 32. Design Fees Sub-Total Fire Station Two 10,000 $ 0 $ lO,OOO $ o PUBLIC WORKS: 33. DPW Building - Roof Repair $ 34. Building Cyr Recycling Center Sub-Total Public Works $ 75,000 $ 75,000 $ 100,000 0 175,000 $ 75,000 PLANNING & CO~UNITYD~~: 35. Merrimack River Boat Ramp $ Sub-Total Planning & Comm. Dev. $ 120,000 $ 0 $ 120,000 $ 0 TOTAL FACILITY NEEDS: $ 2,595,400 $ 2,273,400 $ Planuing Board Recommendations: March 11, 1994 10 ARTICLE . CAPITAL IMPR~S ~ F~ND.~o see if the Town will vote to raise and appropriate a sum m t~Qa~~amounts to the Capital Improvements Reserve Fund for the ~ e ~f&~o~--' ' , ~ p vzdzn9 funding for future debt service for approved Capital Implements projects, or any other action relative thereto. Board of Selectmen Board of Selectmen Reco~nendation: Advisory Board Recommendation: Pl~--~ng Board Recommendation: March 11, 1994 11 ARTICLE . GENERAL APPROPRIATION ~ 1995. To see the fiscal ear be in ~ju~,v~[~ ~1994 and endln of Selectmen, for ' y g' ~ l±y ' , ' g June 30, 1995; or to take any other action r'~lative thereto. Board of Selectmen March 11, 1994 12 ARTICLE . AUT~ORIZA?IOI~ OF M.G.L. C~APTER 90 ~~~S. To see if the Town will vote to appropriate $ 360,578 for~.G.L.']~ '~Ch8~90, Road Repairs, and to meet the funding of the Article, .~1_1~ t~~asuV~er, with the approval of the Board of Selectmen, to borro~0,578 of Chapter 90, Highway Funds, in anticipation of State reimbursement under M.G.L. Chapter 4, Section 6A. Board of Select~e~ Board of Selectmen Reco~a-dation: A~visoryBoard Recommendation: March 11, 1994 13 accept the EEO (Equal Educational Opportunity) Gr~S""-awarde~_~or FY 95 in accordance with M.G.L. Chapter 70A, as inserte,d, by~%St~9 %~8~ '~ 188; or to take any other action relative thereto. School Com~ttee Board of Selectme~ Recommendation: Advisory Board Reco~m-~dation: March 11, 1994 14 approve the acceptance by the Greater Lawrence Re~,ioqa~ q~c~i~a~Technical High School District of an Equal Education Opp~u~tyl~t~''' --pursuant to M.G.L. Chapter 70A; or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recomm~ndation: Advisory Board Recommendation: ~arch 11, 1994 15 DANIEL LOnG A~?I~ ~J~$~-~ l~k~). ?o see if the To~o~~ Ai~/E~o raise and appropriate $ ?5,000 to fond the ~e.~erve ~o~F or to take an~ o.t,l~er action r-=lative thereto. ~ {q ~2 1X ~ '~ Board of Selectmen ~ard of Selectmen Reco~nendation: dvisoryBoardRecon~endation: March 11, 1994 16 .will vote" ' ?t amend the Town of ~orth Andover Personne~ Bylaw, as~l$i~-a~-~o~ted*'---- May, 1993, Annual Town Meeting, as follows: ~ '~"! [~ 11 ~]~ Board of Selectmen of Selectmen Recommendation: Board Reco~-endation: March 11, 1994 17 I~DOVER TOWN CHARTER. TO see if t~~'~{~-~vote to petition the State ,egislature to amend the North Andover Towr~Cha~ Board of Selectme~ loardof Selectme~ ~eco~me~datio~: ~dvisoryBoard Recommendation: garch 17, 1994 18 D~N~EL T0~N AR?ICLE 8OT.IOI?~?ION BY'~.~. N0"i~cT~ND~Eq~he ?ow~ will vote to adopt the following ~o1101t:atlon bylaw establishing registration requirements and Specific operation requirements fo~l~pe~A~n~ding to engage in door- to-door canvassing or solicitation in the Town of North Andover, as follows: Richard M. St~-]ey, Chief of Police Board of Selectmen Reccm~ndation: Advisory Board Recommendation: March 17, 1994 19 TOWN OF NOR~~ DATE: March 1, , 19 94 Board of SeleCtmen Town Office Building Nor~hAndover, Massachusetts Gentlemen: Et is hereby requested that the following Article be inserted in the Warrant for ithe 1994 North Andover Annual Town M~eting: APprOPRIATION ARTI~T~: TITLE OF ARTICLE Article *: To see if the Town will vote to raise and appropriate (, borrow, or transfer from available funds) the sum of $ . , to be expended under the direction of the , for iother purposes of OR TITLE OF ARTICLE Article *: To see if the Town will vote to instruct its representatives to the General Court to support the Massachusetts Municipal AssOciations's Revenue Sharing Plan to provide an adequate and secure source of funds to support local services by dedicating a portion of state ta~ revenues and lottery proceeds to fund the new Chapter 70 school aid schedule, a general revenue sharing distribution which includes a five-year phase-out of the current lottery diversion, and a gas tax distribution. Petition of t~e Board of Selectmen By * Leave blank; the Article number will be later determined DATE: March 1, , 19 9,4 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 1994 North Andover Annual Town Meeting: APPROPRIATION ARTICLE: TITLE OF ARTICLE Article *: To see if the Town will vote to raise and appropriate (, borrow, or transfer from available funds) the sum of $ , to be expended under the direction of the , for other purposes of OR (OTm~): TITLE OF ARTICLE Article *: To see if the Town will vote to instruct its representatives to the General Court to support the amendments to the new school finance law prepared by the Massachusetts Municipal Association for the purpose of: reducing the intrusion of the state into local budget and taxation matters; restoring a measure of accountability of local school districts to local voters; and providing cities and towns with additional flexibility in budgeting local services. Petition of the Board of Selectmen * Leav~ blank; the Artlcle number will be later determined DATE: March 1, , 19 94 Board of Selectmen Town Office Buildin9 North Andover, Massachusetts Gentlemen: It is hereby requested that the followin9 Article be inserted in the Warrant for the 19~4 North Andover Annual Town Meeting: Oo APPROPRIATION ARTICLE: TITLE OF ARTICLE Article *. To see if the Town will vote to raise and appropriate (, borrow, or transfer from available funds) the sum of $ , to be expended under the direction of the , for other purposes of OR (OT~R~): TITLE OF ARTICLE Article *- To see if the Town will vote to instruct its representatives to the General Court to support the position of the Massachusetts Municipal Association in favor of full fundin9 of the Cherry Sheet Highway Aid accounts, Chapter 81 and Chapter 90, as well as the swift ~assage of the Transportation Bond Bill, ~. 1033, in order to ensure a fair and predictable share of funds for distribution to cities and towns for use on local roads. Petition of the Board of Selectmen * Leave blank; the Article number will be later determined DANIEL LO~G if the ~ e to replace the existing sign bylaw with the following sign D~f/&W or take any other action relative thereto: HA ~ ~2 12 ~ '~ Board of Selectmen Board of Selectmen Recommendation: Advisory Board Recommendation: March 11, 1994 23 SECTION 6~ 6.1 SIGNS AND OUTDOOR LIGHTING REGULATION~;~.?i~t Authority and Interpretation This Bylaw is adopted as a general Byla~~su~n~7 Chapter 93, Section 29-33 inclusive, as amended, and a Zoning Bylaw persuant to Chapter 40-A, as amended, of the General Laws of the Commonwealth of Massachusetts. This Bylaw is hereby declared to be remedial as to secure the beneficial interests and purposes defined in Section 6.2 of this Bylaw. 6.2 Purposes 1. The regulation and restriction of signs within the Town of North Andover in order to protect and enhance the visual environment of the Town for purposes of safety, convenience, information, and welfare of its residents. 2. The r.estricting of signs and lights which overload the public's capacity to receive information, which violate privacy, or which increase the probability of accidents by distracting attention or obstructing vision. 3. To encourage signage and lighting which aid communication, orientation, identify activities, express local history and character, serve educational purposes for the public good. 4. the reduction of visual and informational conflict among private signs and lighting and between the private and public information systems. 6.3 Definitions 1. ACCESSORY SIGN/ A sign that advertises activities, goods, products, or a specific use owner, or tenant, available within the building or on the property on which the sign is located, or advertises the property as a whole or any part thereof for sale or rent. 2. BUILDING FRONTAGE/ The length of feet of a ground floor level of a building fa~nt or side facing a street (or facing a right of way accessiDle from a street) that is occupied by an individual business. 3. DIRECTIONAL SIGN/ A non-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums, historical sights, public buildings, etc. 4. DISPLAY WINDOW SIGNS/ Temporary signs on the surface of or inside display windows, lighted only by the general building illumination. 5. ERECT/ Shall mean and include to construct, place, relocate, enlarge, alter, attach, suspend, and post. 6. FLAGPOLE/ A pole erected on a roof, or projecting from a building or structure or on the ground. 7. FREESTANDING SIGN/ Shall mean and include any sign not attached to a building or the ground. 8. GROUND SIGN/ Any sign erected on the ground which is self-supported and anchored to the ground. 9. ILLUMINATED SIGN/ Illuminated sign shall mean any sign illuminated by electricity, gas, or other artificial light including reflective or phosphorescent light and shall include location of source illumination. 10. MARQUEE/ Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. 11. NON-ACCESSORY SIGN/ Any sign that is not an accessory sign. 12. PERMANENT SIGN/ Any sign permitted to be erected and maintained for more than sixty (60) days. 13. PRIMARY SIGN/ The principal accessory sign which may be a wall, roof, or ground sign, as allowed in Section 6.6. 14. PROJECTING SIGN/ Any sign which is attached or suspended from a building or other structure and any part of which projects more than twelve (12) inches from the wall surface of that portion of the building or structure. 15. ROOF SIGN/ Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. 16. SECONDARY SIGN/ Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller in dimensions and lettering, as allowed in Section 6.7. 17. SIGN/ A sign is any structure, mechanically or electrically driven, still or moving device, light, letter, figure, word, model, banner, pennant, tradeflag or representation that is designed to be seen from outside the lot on which it is erected. It advertises activities, goods, places, persons, objects, institutions, organizations, associations, businesses or events, products, 6.4 sergices, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors, but does not include window displays or merchandise. A sign may be permanent or temporary. 18. SIGN SIZE (AREA)/ The surface area of any sign is the entire area within a single continuous perimeter enclosing the extreme limits of lettering, representation, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. 19. WALL SIGN/ Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. Administration and Enforcement 1. Enforcement/ The Building Inspector is hereby designated as the Sign Officer and is hereby charged with enforcement of this Bylaw. a. The Sign Officer and his duly authorized agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which any sign is erected or maintained in order to inspect said sign. b. The Sign Officer is further authorized, upon notice as herein provided, to order the repair or removal of any sign which is in his judgment is a prohibited non-accessory sign, or is likely to become dangerous, unsafe, or in disrepair, or which is erected or maintained contrary to this Bylaw. The Sign Officer shall serve written notice and order upon the owner of record or the premises where the sign is located and any advertiser, tenant, or other persons known to him having control of or a substantial interest in said sign, directing the repair or removal of the sign within a time not to exceed thirty (30) days after giving such notice. If such notice and order is not obeyed within such period of time, the Sign Officer and his duly authoriZed agents shall, at reasonable times and upon presentation of credentials, have the power to enter upon the premises on which said sign is erected or maintained and repair or remove, or cause to be repaired or removed,, said sign. All expenses incurred by the Sign Officer and his duly authorized agents in repairing or removing any sign shall be assessable against any person who failed to obey said notice and order and shall be recoverable in any court of competent jurisdiction if not paid within thirty (30) days after written notice of assessment is given by the Sign Officer at any such person. 2. GENERAL REGULATIONS: a. Permits. No sign shall be erected , enlarged, or structurally altered without a sign permit issued by the Building Inspector. Permits shall only be issued for signs in conformance with this Bylaw. Permit applications shall be accompanied by two (2) prints of scale drawings of the sign, supporting structure and location. A copy of any relevant special permit shall also accompany the application. All freestanding or roof signs shall be registered and identified as required by Section 1407.0 of the State Building Code. b. Maintenance. Ail signs shall be maintained in a safe and neat condition to the satisfaction of the Building Inspector and in accordance with Sections 1404.0 and 1405.0 of the State Building Code. c. Non-conformance Any non-conforming sign legally erected prior to the adoption of this provision, or any amendment hereto, may be continued and maintained, except that all off-premises signs must be in conformance with paragraph 2e. Any sign rendered non-'conforming through change of termination of activities on the premises shall be removed within thirty (30) days of order by the Building Inspector. No existing sign shall be enlarged, reworded, redesigned, or altered in any way unless it conforms to the provisions contained herein. Any sign which has been destroyed or damaged to the extent that the cost of repair or restoration will exceed one-third (1/3) of the replacement value as of the date of destruction shall not be repaired, rebuilt, restored, or altered unless in conformity of this Bylaw. d. Street banner or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. e. Prohibitions: 1. No sign shall be lighted, except by steady, stationary light, shielded and directed sglely at or internal to the sign. 2. No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. 3. No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature or an establishment open to the public during those hours. 4. No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police. 5. No animated, revolving, flashing, or neon sign shall be permitted. 6. No pennants, streamers, advertising flags, spinners or similar devices shall be permitted, except as allowed by the Board of Selectmen. 7. No sign shall be attached to motor vehicles, trailers or other movable objects regularly or recurrently located for fixed display. 8. Corner visibility shall not be obstructed. 9. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole. 10. No sign shall be erected, displayed, or maintained upon any rock, tree, fence, or utility pole if it contains any obscene, indecent, or immoral matter. e. Off-premises signs. Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services or activities on the premises shall be allowed, except that an off-premises directional sign, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Selectmen, or on private property if granted a special permit by the Board of Appeals. Such signs shall be authorized only upon the authorizing agency's determination that such sign will promote the public interest, will not endanger the public safety and will be of such size, location and design as will not be detrimental to the neighborhood. At locations where directions to more than one (1) establishment are to be provided, all such directional information shall be incorporated into a single structure. All such directional signs shall be unlighted, and each shall be not over four (4) square feet in area. f. Temporary signs. Temporary signs shall be allowed as provided below, and provided that they comply with the following: 1. Unless otherwise specified in the bylaw, temporary signs must comply with all applicable requirements for permanent signs, including issuance of a sign permit. 3. Permitted signs: a..Residence districts ( ). The following signs are allowed in a residence district as well as in all other districts. In a residence district, no part of any sign shall be more than fifteen (15) feet above ground level or, unless attached to a building, within ten (10) feet of any property line. 1. One (1) sign, either attached or freestanding, indicating only the name of the owner or occupant, street number and permitted uses or occupations engaged in thereon, not to exceed two (2) square feet in area. 2. One (1) sign oriented to each street on which the premises has access, either attached or freestanding, pertaining to an apartment development or a permitted nonresidential principal use of the premises, such sign not to exceed ten (10) square feet in area. 3. An off-premises directional sign, as provided at §VI, subsection. B, Paragraph 2e. 4. Temporary signs of not more than twelve (12) square feet in area, erected for a charitable or religious cause; requires no sign permit if to be removed within thirty (30) days of erection. Sign officer shall maintain placement controls. 5. One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected to be not larger than six (6) square feet; requires no sign permit if the erecting agent has obtained a one-year permit for erecting such sign. 6. One (1) temporary unlighted sign not larger than twenty- five (25) square feet indicating the name and address of the parties involved in construction on the premises. b. Shopping Center Districts: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. 2. Signs attached to a building or its canopy, parallel with the facade and not projecting above the roofline, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more that two hundred (200) square feet facing any single street. 3. For any retailing complex comprising three (3) or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or more, one (1) freestanding sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within five (5) feet of any property line or the line of any way, and no part of the sign shall be more than twenty (20) feet above the ground level. c. Office Park Districts: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as ten (10) square feet. 2. One (1) sign for each street upon which the premises has frontage, identifying a subdivision of lots for office development. This sign shall be no greater than eiqht (8) feet in height and no larger than twenty-five (25) square feet in area except where the property fronts on a high- speed, limited access highway, in which case a special exception may be granted for a larger sign if required for legibility. 3. Signs for individual properties or tenants shall be limited to a single sign no larger that three (3) square feet per tenant. Individual tenants must have Letter of Permission from Property owner. The Board of Appeals may grant a special permit for an exception for a larger area where this will not impair legibility of other signs or be incongruous with the surroundings, based upon consideration of the number of occupants and signs per building, size of building and integration of sign and building design, as well as the considerations of paragraph 5 below. 4. The Board of Appeals may, subject to the provisions of below, grant a special permit for an exception for an additional sign on a building facing a limited access, high-speed highway, limited to the name of the principal tenant of the building. 5. In acting on special permits for exceptions, the Board of Appeals shall take into account the character of the proposed sign, its relationship with the building and size of the building, the subject matter of the sign, the impact of the sign upon the highway and such other factors as it deems appropriate to give assurance that the public interest will be protected. 6. The use of neon or similar gaseous tube signs is prohibited except for back-lighted signs. Fluorescent illumination may be used only for internal illumination on a lighted sign. d. General Business Districts: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. 2. One (1) attached accessory sign per occupant oriented to each street on which the premises has frontage, wither attached flat against the wall or fixed canopy of a building, or projecting from it. The area of such sign erected for any occupant shall not exceed ten (10) percent (10%) of the portion of that wall area assigned to that occupant, and in no case shall an overhanging sign exceed twenty-five (25) square feet in area nor shall any other sign exceed one-hundred (100) square feet in area. Individual unlighted signs not exceeding two (2) square feet in area on windows and identifying the occupants therein shall be excluded from the above limitations. 3. One (1) freestanding sign of not more than twenty-five (25) square feet in area and extending not more than eight (8) feet above ground level. Larger or taller signs may be allowed by special permit of the Board of Appeals, if said Board determines that the particular sign will not be incongruous with the district in which it is to be located nor injurious to traffic and safety conditions therein. In no case shall an exception allow a sign to contain more than fifty (50) square feet or be more than twenty-five (25) feet above ground level. 4. For premises having multiple occupants, a single sign, either attached or freestanding, identifying those occupants. The total area of attached signs, including this one, shall not exceed twenty percent (20%) of wall area, and the area of any freestanding sign allowed under this paragraph shall not exceed twenty-five (25) square feet. 5. Temporary unlighted signs inside windows, occupying not more than twenty (20%) of the area of the window; requires no sign permit. 6. No sign shall project more than one (1) foot over any public right-of-way shall be covered by appropriate liability insurance as verified by a certificate of insurance filed with the Town Clerk. e. General Industrial and Industrial A District: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. 2..Signs attached flat against the wall or canopy of a building, or projecting not more than six (6) feet above such wall, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such signs does not exceed twenty percent (20%) of the area of the side of the building to which they are attached or two hundred (200) square feet, whichever is less. 3. One (1) freestanding sign, containing the name or other identification of the use on the property, for each street on which the property fronts, each sign is limited to an area of one hundred (100) square feet. Such sign shall not be located closer than ten (10) feet to any property line or twenty (20) feet above ground level. 4. In General Industrial only, temporary unlighted signs inside windows, occupying not more than thirty percent (30%) of the area of the window; requires no sign permit. f. Industrial D Districts: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. 2. Signs attached flat against the wall of a building, advertising the name of the firm or goods or services available or produced on the premises; provided that the total area of all such signs does not exceed ten percent (10%) of the area of the side of the building to which they are attached or two hundred (200) square feet, whichever is less. 3. One (1) freestanding sign, containing the name or other identification of the use of the property, for each street on which the property fronts, each sign limited to an area of one hundred (100) square feet. Such sigh shall not be located closer than ten (10) feet to any property line or the line of any way, and no part of any such sign shall be more than six (6) feet above ground level. g. Mixed Use District: 1. Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. 2. One (1) attached accessory sign per occupant, oriented to each street or parking lot on which the premises has frontage, wither attached flat against the wall or a fixed canopy of a building, or projecting from it. No sign, any portion of which projects above the peak of the roofline, shall be allowed. The total area of a single facade wall which may be unlighted signs not exceeding two (2) square feet in area in windows, identifying the occupants therein, shall be exempt from the above limitations. 3. Overhanging signs shall not exceed twelve (12) square feet in area. 4. One (1) freestanding sign shall be allowed, which shall not exceed twelve (12) square feet in area and the top of which shall not extend more than eight (8) feet above ground level. 5. For premises having multiple occupants, a single directory sign, either attached or freestanding, identifying those occupants. The total area of attached signs, including the attached directory sign, shall not exceed ten percent (10%) of the total area of a single facade wall. 6. The owner shall submit with his sign permit application an overall signage plan for the building. 7. Larger or taller freestanding directory signs may be allowed by special permit from the Zoning Board of Appeals, but not to exceed twenty-five (25) square feet in area and not to be more than ten (10) feet above ground level. 4. Guidelines: The following are further means by which the objectives for signs stated at the beginning of §VI, Subsection B, can be served. These guidelines are not mandatory, but degree of compliance with them shall be considered by the Special Permit Granting Authority in acting upon special permits authorized under this section, as shall consistency with the basic sign objectives cited above. a. Efficient communication: 1. Signs should not display brand names, symbols or slogans of nationally distributed products except in cases where the majority of the floor or lot on the premises is devoted to manufacture or sale or other processing of that specific product. 2. Premises chiefly identified by a product brand name (such as a gasoline or auto brand) should devote some part of their permitted sign area to also displaying the identity of the local outlet. 3. Signs should not contain selling slogans or other advertising which is not an integral part of the name or other identification of the enterprise. 4. Sign letter size should be related to the reader's distance and speed. 5. Sign content normally shouldn't occupy more than forty percent (40%) of the sign background, whether a signboard or a building element. 6. Nonverbal devices ought to be considered, since they can provide rapid and effective communication. 7. Signs should be simple, neat and avoid distracting elements, so that contents can be quickly and easily read. b. Environmental relationship: 1. Sign design should take into consideration the scale of the street to which the sign is oriented and the size, brightness, style, height and colors of other signs in the vicinity. 2. Overhanging signs should be used only in such circumstances as on side streets where overhanging positioning is necessary for visibility from a major street. 3. Sign brightness should not be excessive in relation to background lighting levels, e.g., averaging not in excess of one hundred (100) footlamberts in the downtown or similarly bright areas and not in excess of twenty (20) footlamberts in unlighted outlying areas. c. Building relationship: 1. Signs should be sized and located so as to not interrupt, obscure or hide the continuity of columns, cornices, roof eaves, sill lines or other elements of building structure and, where possible, should reflect and emphasize building structural form. 2. Sign materials, colors and lettering should be reflective of the character of the building to which the sign relates, just as sign size should be related to building size. 3. Clutter should be avoided by not using support brackets extending above the sign or guy wires and turn buckles. C. Landscaping, buffering, lighting: 1. In Shopping Center Districts and Office Park Districts, landscaping shall be provided and maintained in accordance with planting approved by the Planning Board and incorporated as part of the plans on which the special permit of the Board of Appeals is based. 2. In all industrial districts, landscaping shall be provided and maintained in front yards and in side yards abutting public ways for aesthetic reasons to break up lines of buildings and for screening accessory facilities under the requirements discussed below. Specifically, in Industrial Districts and , landscape screening shall be provided adjacent to: a. Abutting properties situated in residential or office park districts; b. Abutting existing residential properties in industrial districts; and c. Abutting limited access highways and rivers in addition to the landscaping in front and side yards mentioned above. Landscape screening shall consist of planting, including evergreens, the plantings to be of such height and depth as is needed to screen adequately from view from abutting area any unshielded light source, either inside or outside a building, or to screen parking lots, tanks, loading bays, outdoor storage and work areas and similar accessory operations or facilities not hidden by building. Fences or walls may be made part of such screening where deemed necessary but shall not be suitable as a substitute therefor or themselves be left unscreened from abutting areas. The adequacy of the screening and landscaping shall be approved by the Building Inspector on the advice of the Planning Board and shown on planting plans which shall be incorporated in the Building Inspector's records. In cases requiring a special permit, these plans shall also be incorporated as part of the findings of the Board of Appeals in the matter. D~kN~L LONG i~TIC~ . IMPACT BE ~T ~N C~ approve the establishment of an ~M~'~ee Trust Fund and to authorize the To~ Manager to expend such f~pds~o w~n~provat of the Board of . ~ ~ . . · Selectmen, s~]ect to To~ Meet~pp~ of an approprmatlon for the purposes thereof or take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: ~x~visoryBoardRecom~endation: Pl~--ing Board Recommendation: March 17, 1994 24 p , ' , hic ~ t~ fhe following: In a city or town which accepts the provisions of this section, the board of a county, city, town, or district making the order for the assessment of any betterment, or balance of any assessment apportioned in accordance with the provisions of section thirteen, shall, upon the application of the owner of the real property assessed, if such owner is eligible for an exemption under clause Forty-first A of section five of chapter fifty-nine, enter into a deferral and recovery agreement with such owner on behalf of the city or town. In any instance in which a board of the commonwealth makes an order for the assessment of any betterments, said board of the commonwealth may enter into a deferral and recovery agreement on its own behalf in accordance with the terms of this section. Any such application shall be filed with the appropriate board within six months after notice of such assessment has been sent out by the collector. Such application may be filed with the clerk or secretary of said board, or delivered by mail or otherwise at their office. The said agreement shall provide: That no sale or transfer of such real property may be consummated unless the betterment assessment which would otherwise have been collected on such real property has been paid, with interest as applied in accordance with the provisions of section thirteen; That upon the demise of the owner of such real property, the heirs- at-law, assignees or devisees shall have first priority to said real property by paying in full the total betterment assessment which would otherwise have been due, plus interest; provided however, if such heir-at-law, assignee or devisee is a surviving spouse who enters into a betterment assessment deferral and recovery agreement under this section, payment of the betterment assessment and interest due shall not be required during the life of such surviving spouse; That if the betterment assessments due, plus interest, are not paid by the heir-at-law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such betterment assessments and interest shall be recovered from the estate of the owner; and That any joint owner or mortgagee holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement. In the case of each betterment assessment deferral and recovery agreement entered into between said board making the order for the assessment of a betterment and the owner or owners of such real property, said board shall forthwith cause to be recorded in the registry of deeds of the county or district in which the city or town is situated a statement of their action which shall constitute a lien upon the land covered by such agreement for March 11, 1994 25 such betterment assessment as has been assessed under the provisions of this chapter, plus interest as hereinafter provided. The statement shall name the owner or owners and shall include a description of the land. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. The filing fee for any statement recorded on behalf of the board of the commonwealth shall be paid by the owner or owners of such real property. The filing fee for other such statements shall be paid by the city or town and shall be added to and become a part of the taxes due. Board of Selectme~ Board of Selectme~Recom~endation: AdvisoryBoard Rec~e~dation: March 11, 1994 26 ARTICLE . ~ENDIT[]RE OF ~ FUNDS To see if the Town will vote to authorize the Board electm~nd/or the Town Manager to apply for, accept and enter into co~ra~f~m~me to time for the expenditure of any funds allotted to Nor~o~r"~by the Commonwealth of Massachusetts or the U.S. Government under any State or Federal grant program; or to take any other aciton relative thereto. Board of Selectmen Board of Selectmen Reco-~endation: Advisory Board Reco~m=~ldation: March 11, 1994 27 . AD~ORIZATION ~) ~]~)N'~]TIONS I~R the Town will vote authorize the Town Manage~S~ect--~~-to~o~,the approval of the Board of Selectmen to expend grants, cont~u~on~ ~$~ct fees for the purpose of mitigating sewer system inflow i~l,t~ratio~.,nn~ ~t~ ,., · Director of Finance Board of Selectmen Recommendation: ~dviso~ Boa~ Recommendation: March 17, 1994 28 Board of Selectmen Town Office Building North An,dover, Massachusetts , Gentlemen: ] I , ! It ia hereby requested that the following Article be inserted in the Warrgt for the 1994 North Andover Annual Town Meetin,~.: (AP.PROPRIATION Article' '*: To see if the Town wilt vote to raise and appropriate the sum ARTICLE) of $ , to be expended under the direction of. the "for the purpose of OR: (OTHER) Article (If Petitioner is a Town Agency) OR: (I[ the insertion of the proposed Article is at the request of "ten or more registered votem of the town" under G. L. c. 39, s. 10) *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer o[ the Petition of the *: T.o see if the Town Will voto to occ,e.~' :]~C,Ov~ '~ ~ ~ By: Petition of. 3C0e.,4 ** and others Name Street Address I I 0 0 TOWN OF NORTH ANDOVER, MASSACHUSETTS REQUEST FOR INSERTION OF ARTI~~.WARRANT ANNUAL Date: FOR THE 19 Board of Selectmen Town Office Building North An.dover, Massachusetts Gentlemen: It is hereby requested that the following ArQc!e be k~serted in the Warrant for the 19 North Andover Annual Town Meetin$.: Article *: To see if the Town will vote to raise and appropriate the sum (APPROPRIATION ARTICLE) of $ , to be expended under the direction of the for the purpose of OR: (OTHER) . Article *: To see if the Town will vote to ~ ~t~-_ ~:~~~ .t~ ~-~ (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the town" under G. L. c. 39, s. 10) *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the Request. Petition of the By: Petition of ~.Name ** and others Street A~d~iress ARTICLE ~/4ENDTO~NBYLA# - INSERTION FIP.~ ENG~ING SERVICE FEES. To see if the Town will vote to amend the Town Bylaw by adding Section 108- Fire Engineering Service Fees and Plan Submittal Requirements. When required, by Massachusetts General Laws or Code of Massachusetts Regulation applicants for Building Permits shall submit detailed plans and specifications for Fire Detection, Fire Protection, Fire Alarm, and Fire Suppression Systems, prepared by Certified Fire Protection Engineers, in accordance with State Building Code. Upon receipt of such plans, the Bui~ng Inspector shall forward them to the Fire Chief for review and c.:~,~%~ c~hen the Fire Chief determines that such plans, as submitted for review ?~.u~ a~ordance with Section 1 requires the assistance of and independent Fire [ii~7<~P~ot~tion Engineer, the cost of those services will be assessed to the ~pllcant. The Board of Selectmen shall establish a fee schedule for ~rv~s, as well as an appeal process and other implementing regulations. Fire Chief Board of Selectmen Reco~endation: March 17, 1994 30 SER~-~CE FEES. To see if the Town will vote to amend the Town BY-~,i~ ~Y ~ adding Section 108 Fire Engineering Service Fee to be read, as follows: ''~'~' "Where required by the Fire Chief for new construction, development, and major renovation projects, the owner, or responsible party for the project shall deposit monies in a special account, with the Town Treasurer, to be expended under the direction of the Fire Chief for the purposes of procuring the services of a Licensed Fire Protection Engineer (FPE). The FPE service will include communication with the North Andover Fire Department Fire Prevention Office on all projects under the FPE's review, the review of plans and documents relative to the components and systems for the fire detection, fire protection, fire alarm, and fire suppression; the attendance at plan review and meetings relative to the project for which the FPE was hired; consultation on new projects and major renovations for fire projection; performance of a witness to fire protection systems tests and on- site inspections; and to provide periodic status reports to the Fire Chief, as the Fire Chief deems necessary. The use of the FPE may be required at all occupancies, as defined by 780 CMR, the Massachusetts State Building Code where buildings or structures are required to have design certified fire protection systems. The' Fire Chief shall notify the owner or responsible party for the project, if the services of a FPE will be required by the Fire Department during the technical review process and upon submittal of the "Form U" for the pro]ect to the Fire Department. The fee for this requirement shall be based upon the square footage of the proposed building or structure. The fee shall be effective on July 1, 1994, as follows: Structures up to 2,500 sq. ft. Structures 2,500 sq. ft. to 25,000 sq. ft. Structures 25,000 sq. ft. to 50,000 sq. ft. Structures 50,000 sq. ft. to 100,000 sq. ft. Structures 100,000 sq. ft. to 150,000 sq. ft. Structures 150,000 sq. ft. to 200,000 sq. ft. Structures over 200,000 sq. ft. $ 150.00 250.00 500.00 750.00 1,000.00 1,500.00 2,000.00 NOTE: Five percent (5%) of each of the above fees shall be retained by the Town, as an administrative fee, for work performed in the administration of the account by the Director of Finance. Fees shall be placed on deposit upon filing the completed "Form U" for the project with the Town. Any remaining sums shall be returned to the developer within 10 (10) days following the issuance of an occupancy permit by the North Andover Building Inspector. The fees shall be reviewed annually in October and any recommended changes shall be voted upon in November of that same year. Notice of intent to March 11, 1994 32 change fees shall be given as an agenda item for the Board of Selectmen. Any change shall be established by a majority vote for the Planning Board members present at a regular meeting at which the fee schedule will take affect on January 1st of the next calendar year. William V. Dolan, Fire ~h~_ef Board of Selectmen Recommendation: Advisory Board Recorm~ldation: Pl~--~ng Board Rec~endation: March 11, 1994 33 REQUEST FO/t INSERTION OF ARTICLE IN THE WARRANT F ANNUAL TOWN MEETING 19 94 Board of Selectmen Town Office Building North An.dover, Massachu. sett~ Date: March Gentlemen: · ~ It is hereby requested that the following Article be inserted in the Warrant for the 19 Andover Annual Town Meet/n~: Article ' (APPROPRIATION ARTICLE) o! $ North 0 *: To see if the Town will vote to raise and appropriate the sum , to be expended under the direction o! the 'for the purpose o! FRED KILMARTIN 19 BILLERICA ROAD * CHELMSFORD, MA 01824 · (508) 256-60~o OR: (OTHER) ~tic!e *: To see iftheTownwi~voteto accept and name as a public way Kingston Court, shown as a 25 foot wide "Bituminous Concrete Driveway"on a plan entitled "Village Green West Condominium at North Andover; Scale 1"=40~, dated July 7, 1977; Owned by: Richard L. Kanter, Trustee Village Green West Trust; Drawn by: Bradford Saivetz & Associates, Inc., Braintree, Mass. which plan is recorded at North District of Essex County Registry of Deeds as Plan #7654. (If PetitionerisaTown Agency) OR: (I! the insertion of the proposed Article is at the request of "ten or more registered voters of the town" under G. L. c. 39, s. 10) *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the Request. Petition of the By: Petition of NARIE F. RAI~'LINGS ** and others Street Address / Petition of~ame Street Address DATE: March 14, 1994 , 19 94 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 1994 North Andover Annual Town Meeting: APPROPRIATIONARTICLE: TITLE OF ARTICLE Article *: To see if the Town will vote to raise and appropriate (, borrow, or transfer from available funds) the sum of $ , to be expended under the direction of the , for other purposes of OR (oTmm): TITLE OF ARTICLE Leaf Requlation Article *- To see if the Town will vote to amend the Town Bylaw to insert the following ordinance: Chapter 161, Paragraph 161-5 Leaf Regulation; Penalties. No leaves shall be raked, swept, or deposited into piles curbside or on any property other than the owner's, without permission. Any violations of this ordinance will be punishable by a fine of $ 200.00. Petition of the Board of Selectmen By * Leave blank; the Article number will be later determined vote to approve the follo~hq~'p~f~ing to the order of warrant articles addressed at Town Meeting: _ i~ ~ 1. All articles in the warrant shall be numbered by the Board of Selectmen. At Town Meeting, the Town Clerk shall place all article numbers in a container. The Town Moderator shall draw a number and that article shall be presented to town Meeting for action. Another number may not be drawn until Town Meeting has disposed of that article. Certain articles that are related to each other - whereby the passage of the article is dependent upon the action of another article shall be taken as one drawing for action. During Town Meeting, after an article has been disposed of and prior to another one being drawn, a voter may move to consider any remaining article. This motion shall require a four-fifths vote of Town Meeting, as set forth in Chapter of the Charter. Once an article has been drawn, a voter may move to postpone consideration to another time. This motion shall require a two-thirds vote of Town Meeting. The official record of each Town Meeting shall report the articles in the order as printed in the warrant. ~oard of Selectmen Board of Selectmen Recommendation: A~visoryBoard Recommendation: March 17, 1994 35 ARTICLE IMPROVEMENTS TO PUBLICD~:p~WAYS. To see if the Town will vote to appropriate for~D~i~e of making improvements to public and private ways, the cost of %~~¥~aents to be covered through betterment assessments in accordanc~ wi~h urov~sio~of Massachusetts General Laws, Chapters 80 and 80A. Said ~pr~t~,t~e expended by the Town Manager with the approval of the Board of Selectmen, and to meet the funding of the article, allow the Treasurer, to borrow ~n accordance with provisions with Massachusetts General Laws Chapter 44. Board of Selectmen March 11, 1994 37 TOWN OF NORTH ANDOVER REQUEST FOR INSERTION OF ARTICLE IN THE ANNUAL TOWN MEETING WARRANT To the Board of Selectmen: SELEC1)IEW OFFICE USE OWL¥ Article No. Department/Category It is hereby requested by the undersigned Town Agency that the following Article be inserted in the  rrant for the Annual Town Meeting:  upropriation Article ~D TITLE OF ARTICLE Architectural Services - N.A.H.S. If appropriation, amount: $ ~ To see if the Town will vote +- raj:- ~... appropr;at¢ [, ....... , ........ ..... f b .dd · under the d'.'rect'.'en of the to transfer th~ un~xE~_nded balance of $239.285.00 from Article 13 of the May, 1992 Annual town Meeting, and to further raise and appropriate, transfer from avaJlab]~ fnnds, or borrow the additional sum of $260.715.00 more or less, for a total appropriation of $500,000, more or less, to be expended under the direction of the School Buildino Committee. for architectural services and specifications for remodeling, reconstruction, or making extra- ordinary repairs and for the construction of additions to the North Andover Middle School, or to take any other action relative thereto. Other Article TITLE OF ARTICLE To see if the Town will vote to Petition of the By TOWN OF NORTH ANDOVER REQUEST FOR INSERTION OF ARTICLE IN THE ANNUAL TOWN MEETING WARRANT To the Board of Selectmen: It is hereby requested by the undersigned Town Ag~cv that the following Article be inserted in the w.~imr~t for the Annual Town Meeting: Ai~ropriation Article SELECTMEM OFFICE USE Article No. Department/Category If appropriation, amount: $ TITLE OF ARTICLE Atkinson gchool .~nnf/Locker Reulacement at N.A.B.S. To see if the Town will vote to .......... ~.~,.,,~,, 1...~ [, ....... , v. to transfer the unexpended balances from the following warrant articles, totaling $167.171.73 more or less. to be apgroDriated for the purposes of repairing or replacing the Atkinson School roof and beginning to replace lockers at North Andov~r Hiah School; May 1992, Article 8: Franklin School Roof )~h~f~r ~1~ ~hnnl Retiling, Elementary Balance $ 2,801.97 $34-~25.~6 $ 747.00 (See attachment for continuation) Other Article TITLE OF ARTICLE To see if the Town will vote to Petition of the By, North Andover School CQmmittee George I. Blaisdell Atkinson School Roof/Locker Replacement at Nay 1993, Article 11 Several School Roofinq Vrojects $25,206.00 ~ay 1993, ~ticle 7 K/ddle School Fire Alarm $80,170.00 ECC Chairlift $17,314.00 Oil Tank Control System $ 6,707.60 Or to take any other action relative thereto. (Continued) TOWN OF NORTH ANDOVER REQUEST FOR INSERTION OF ARTICLE IN THE ANNUAL TO%VN MEETING WARRANT To the Board of Selectmen: It is hereby requested by the undersigned Town Agency that the following Article be inserted in the warrant for the A. nnual Town Meeting: SEL£CTIq[N OFFICE USE OIILY Artfcle lqoo I)el>a r tment/Ca tego ry If al~l~ropttatlon, a~ount: $ Appropriation Article TITLE OF ARTICLE_. _At:kln,,o~..s~_~..,~] -,,,,~:_/r,o-~r._ ~eP!~n~:~_N: A. H. S. To see if the To~n will vote to. ~ t'~ ..... ~-~, ~.. ..... , ....... , _.'"',. .............. [~ ...... --~'_L' ....................... ..... ~r~ 9~ __~e~- tO ~,, ag~r~a~d ~or the l~kers.at North ~dove~ High Sohool~ .. May 199~, ArJ~iele ~; Balance FraflkllJ~ School Roof ~b~}lF $ 2,801.97 (Bee atta oh~nt fo~ eontlnuation Other Article TITLE OF ARTICLE To see it' the Town will vote to Petition of the By North Andovor School Co~!tte~ George _T. Blalsdell ~O.AHDOVER SU'PERIHTE~DEN ~ap-16-94 ~ed 13:21 PAGE: Atkinson Bchool Roo~/l~eker Replacement at N.&.H.S. (Continued) Nay 1993, Article il. Several Sohool Roofing Projects ~----~$25,206.00 May 1993. &~,ticle 7 l~Middle School. Fire Alarm 01/-'-' $80,1.70.00 )~C Chairlift o~ $17,314.00 ~lOil Tank Control ~ystem ~o7~ $ 6,707.60 Or to take any other acti~ Telat],ve thereto. TOWN OF NORTH ANDOVER REQUEST FOR INSERTION OF ARTICLE IN THE ANNUAL TOWN MEETING WARRANT To the Board of Selectmen: It is hereby requested bv the undersigned Town Agency that the following Article be inserted in the warrant for the Annual Town Meeting: Article SELECTMEN OFFICE USE ONLY Article No. Depa rtmen t/Ca tego ry If appropriation, amount: $ c~ TITLE OF ARTICLE C~ '~'~z~C To see if the Town will vote to raise and appropriate [, borrow, or transfer ~:fr°.~ available funds] the sum of $ .... , to be expended under the direction of the , for the purpose of Other Article TITLE OF ARTICLE Teachers' Early Retirement Zncentive Proqram To see if the Town wil] vote to accept the provisions of Section 83 of Chapter 7_! of the Acts of 1993, as amended, known as the "Education Reform Act of 1993," to provide for an Early Retirement Incentive Proqram for the North Andover Public Schools, with said program to include a five-year addi- tional credit for age, service, or a combination thereof and a limit of three (3) on the n~ber of eligible employees. Petition of the By North A~dover S~ho~l George I. Blaisdell DATE: ~h ]7, , 19 94 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *' To see if the Town will vote to raise and ARTICLE} appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (OTH~R) Article *. "To see if the Town will vote to prohibit the use of internal combustion watercraft on Lake Cochichewick. This prohibition does not apply to public watercraft for emergency or maintenance purposes" (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 ~ .10) Petitiongof the Conservatin Commission Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. DANIELL~NG ARTICLE ACCEPTANCE OF M.G.L. CHAPTER4, S~I~K To see if the Town will vote to accept provisions of Massachuset~~V~s Chapter 4, Section 4. Acceptance of this M.G.L. will allow~m~n V~ctu4~/%~, Licensed to Sell Wine & Malt Beverages, to also sell Liqu~l~nd~~ Licensing Commissioners Board of Selectmen Recommendation: March 17, 1994 41 ARTICLE ZON/_N~N~P CH~/~(~E - REZONE PORTION TO R-2. To see if the Town will vote to amend the existing Zoning Map such that all properties within the area designate~ as the Lake Cochichewick Watershed that are currently zoned Residential 3 IR-3) would be rezoned, as Residential 2 (R-2). PlanningBoard Board of Selectmen Recom~endation: Planning Board Recomm~dation: 42 ARTICLE ~ ZONING BYLA~ ~T 8.34.M '~'O see if the Town will vote to amend the Zoning Bylaw, Section 8.34, Information Required (Site Plan Review) Table 1 and Table 2, as ~. ~a~ ~~'. Table 1 Information Re~ired For Site Plan Review: Renu~er 9 through 19 to 10 through 20. Add a new nu~er 9, as follows: "x x x Building Elevation" Table 2 - T~e of Information Required - Explanation: Renu~er 9 through 19 to 10 through 20. Add a new nu~er 9, as follows: "9. BUI~ING ELEVATION A drawing of the exterior of the building, as viewed from the front of the building must be submitted. The Planning Board may request side and rear views, if relevant, to the Board's review. This drawing must be at least 8" x 11" ~n size and no larger than 11" x 17"." Pll ~n-ing Board Board off Select~n Reco~en~tion: Planning Board Recommendation: 43 ARTICLE AMEND ZONING BYLAW~-~ SECTION 4.136(7). To see if the Town will vote to amend the Zoning Bylaw, Section 4.136(7) by deleting the second paragraph of 4.136 (7) (c); deleting 'the following language from subsection (d): "The following informaiton will also be required by the applicant, as part of any Special Permit Applicaiton."; and by adding the following language to subsection (d): "An application for a Special Permit under this section shall include the following information: 1. Application for a special permit from the Planning Board; Map on a scale of one (1) inch equals forty (40) feet prepared by a registered professional surveyor showing: the high water mark of Lake Cochichewick (if high water mark is within three hundred twenty five (325) feet of any proposed disturbance), bo the edge of all wetlands, as confirmed by the Conservation Commission/~ (if edge of wetlands is within three hundred twenty five (325) feet of any proposed disturbance), c. the non-disturbance zone, d. the non-discharge zone, e. the edge of vegetation clearing (edge of work), 3 o Written certification by a registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. 4. Proof that there is no reasonable alternative location outside the Non- Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure, or activity, associated with the proposed use to occur. _~ Renumber subsections 1, 2,63 to 5, 6, and 7. Board Board of Selectmen Reco~m~_ndation: Planning Board Recommendation: 44 ARTICLE AMEND ZONIN~ BYLAWS- SECTION 2.65. To see if the Town will vote to amend Section 2.65 of the Zoning Bylaw by adding the following underlined language to Section 2.65: "The Planning Board shall be the Granting authority of all Special Permits to Cluster Development, Planned Develolpment District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District, Frontaqe Exception Lots, and large estate condominium conversions. Pl~--ingBoard Board of Selectmen Recom~dation: Pl~n-ing Board Reconanendation: 45 ARTICLE AMEND ZONING BYLAWS- SECTION 4.2. To see if the Town will vote to amend Section 4.2, PHASED DEVELOPMENT BYLAW, by deleting Paragraph 5 and inserting the following language: "5. The anniversary date of each subdivision or contiguous Form A lots under this provision shall be the date of endorsement of the plan." Add the following language, as Paragraph 9: "9. The number of lots that can be develoPed within any one year under this bylaw, as set forth in Paragraph 1 above may be increased ~ P!~nnin9 Rczrd--by a Special Permit issued by the Planning Board." Board Board of Selectmen Recommendation: 46 ARTICLE . AMEND ZONING BYLAW,fi- SECTION 4.136(91. To see if/~th~own will vote to amend Section 4.136, WATERSHED PROTECTION DISTRICT, Zoning Bylaw by adding a new Section 9, as follows, and renumber the existing Section 9 to Section 10: 9. Enforcement and Investigation of Violations In accordance with the provisions of M.G.L. Chapter 40 Sections 21 D and 31, as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provision of this Section, restrain violations thereof and seek injdnctions and judgments to secure compliance with its provisions and any Special Permits that may have been issued. Without limiting the generality of the foregoing: A) Any person who violates any provision of this Section, or of any condition, or a permit issued pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by a Town Police Officer, other persons having police powers, Planning Board members, the Code Enforcement Officer, or the Town Planner. In accordance with Chapter 40, Section 21D, violators may, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations of this Bylaw shall be assessed, as follows: VIOLATION Non-Disturbance Zone: The use, or method of .application of any lawn care or garden product that may contribute to the degradation of the public water supply; $ 100.00 Any other violation of Section 4.136(5) $ 300.00 Non-Discharqe Zone: Any surface or sub-surface discharge without the appropriate permits; $ 100.00 The use, or method of application of, any lawn care or garden product that may contribute to the degradation of the public water supply; $ 150.00 Any other violation of Section 4.136(4) $ 200.00 Any other violation of Section 4.136 $ 100.00 Bo In the event of a violation of this Section or of any permit issued thereunder, the Planning Board or its agents may issue a stop work order to the owner, the applicant or agent by certified mail, return receipt 47 requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Section; but the failure of the Board to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Section and to secure compliance with its orders. Board Board of Selectmen Recommendation: Board Recoma~ndation: 48 ARTICLE . AMEND ZONING BYLAW7- SECTION 7.2.1. To see if the Town will vote to amend Section 7,~IMENSIONAL REQUIREMENTS', of the Zoning Bylaw, by adding Section 7.2.1 ACCESS. Access to each lot must be provided over the legal frontage unless a Special Permit has been granted by the Planning Board. Board of Selectmen Recoa~endation: Plannin~ Board Recommendation: / / / / / ARTICLE AMEND ZONIN~ BYlaW - SECTION 2.30.1 - DRAY. To see if the Town will vote to amend Seciton 2.30.1 DRIVEWAY, of the Zoning Bylaw by adding the following underlined language. "A way located on a lot which provides vehicular access to the building on the lot. The minimum width of a residential driveway shall be twelve (12) feet. Each driveway shall service no more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land." Pl~--~gBoard Board of Selectmen Reco~_udation: Planning Board Recommendation: 50 ARTICLE AMEND ZONING BYLAW SECTION 8.5 - PLANNED RESIDENTIAL DEVELOPMENT. TO see if the Town will vote to amend Section 8.5 PLANNED RESIDENTIAL DEVELOPMENT, of the Zoning Bylaw with the following: Add the following underlined language to Section 1 (c): waterbodies and supplies, wetlands, floodplains, hillsides, lands, wildlife, and other natural resources." "To protect agricultural Delete the following language from Section 4: to submit a preliminary plan" "The applicant is encouraged and insert the following language: "The applicant must submit a Preliminary Plan per Section 6(G)" Delete the language in Section 6(G) and insert the following language: "G. Calculation of Allowable Residential Density Except as noted in Subsection H below, the maximum number of buildable lots in a PRD will be equal to the number of buildable lots which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning a Plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section 3 (B) of the "Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts" in effect at the time of Plan submittal, 2. ~ fully compliant with the "Zoning Bylaw" in effect at the time of Plan submittal, and 3. requires no zoning variances. The Planning Board will use this Plan to determine the maximum number of buildable lots." PlauningBoard Board of Selectmen Recommendation: Plan--lng Board Recommendation: 51 ARTICLE ~ ZONING BYLAW - SEXTON 7.1. To see if the Town will vote to amend the Zoning Bylaw, Seciton 7.1 Lot Area by deleting the phrases "April 28, 1993" and seventy~.%~" from the second paragraph and add the following: ge: As of~flune 1, 1994 ~ the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least eiqhty (80~ percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, ~ection 40 and the North Andover Wetland Protection Bylaw, North Andover Code Board of Selectme~Reco~e~dation: Pl~---ing Board Recomm~-dation: 52 ~NWEALTH OF MASSACHUSetTS ~ ~ ~ Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the'purposes of: oR Article *. To see if the Town will vote to amend the existing Zoning Map such that all properties within the area designated as the Lake Cochichewick Watershed that are currently zoned Residential 3 (R-3) would be rezoned as Residential 2 (R-2). (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) By: Richard A. Nardella, Chairman Petition of ** and others Name Street Address * Leave blank; the Article Number will be later determined. **Insert the name of the first signer of the request. REZONING PARCELS 3/16/94 Amend the existing Zoning Map such that all properties within the area designated as the Lake Cochichewick Watershed that are currently zoned Residential 3 (R-3) would be rezoned as Residential 2 (R-2). zbl.ll COI~4ONWEALTH OF MASSACHUSETTS Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTI~.~) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (OT~) Article *: To see if the Town will vote to amend the Zoning Bylaw, Section 8.34, Information Required (Site Plan Review) Table 1 and Table 2, as per attached. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Petition of the ~North .~adover Plan, ning Board Richard ~. Nardella, Chairman Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. SECTION 8 SUPPL~NTARYI~EGULATIONS 3/16/94 Section 8.34 Information Required (Site Plan Review) Table i - Information Required For Site Plan Review Renumber 9 through 19 to 10 through 20. Add a new number 9 as follows: "x x x Building Elevation" Table 2 - Type of Information Required - Explanation Renumber 9 through 19 to 10 through 20. Add a new number 9 as follows: " 9. BUILDING ELEVATION A drawing of the exterior of the building as viewed from the front of the building must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8" x 11" in size and no larger than 11" x 17"." zbl. 6 SECTION 8 SUPPLEMENTARY REGULATIONS 3/16/94 Section 8.34 Information Required (Site Plan Review) Table 1 - Information Required For Site Plan Review Renumber 9 through 19 to 10 through 20. Add a new number 9 as follows: "x x x Building Elevation" Table 2 - Type of Information Required - Explanation Renumber 9 through 19 to 10 through 20. Add a new number 9 as follows: " 9. BUILDING ELEVATION A drawing of the exterior of the building as viewed from the front of the building must be submitted. The Planning Board may request side and rear views if relevant to the Board's review. This drawing must be at least 8" x 11" in size and no larger than 11" x 17" " zbl. 6 ~TH OF MASSAC]~USETTS u~9.~' Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (o~m~) Article *: To see if the Town will vote amend the Zoning Bylaw, Section 4.136(7) by deleting the second paragraph of 4.136(7)(c), deleting the following language from subsection (d): "The following information will also be required by the applicant as part of any Special Permit Application."; and by adding the following language to subsection (d): (See Attached) (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 ~ .10) Petition of the P~/f By: Richard A. N~d~lla~ Chairman~'- Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. SECTION 4 BUILDINGS AND USES PERHI~ED Section 4.136(7) Delete second paragraph of 4.136(7)(c). Delete the following language from subsection (d) "The following information will also be required by the applicant as part of any Special Permit Application" and add the following language to subsection (d): "An application for a Special Permit under this section shall include the following information: Application for a special permit from the Planning Board Map on a scale of one (1) inch equals forty (40) feet prepared by a registered professional surveyor showing: the high water mark of Lake Cochichewick (if high water mark is within three hundred twenty five (325) feet of any proposed disturbance), be the edge of all wetlands as confirmed by the Conservation Commissioner (if edge of wetlands is within three hundred twenty five (325) feet of any proposed disturbance), c. the non-disturbance zone, d. the non-discharge zone, e. the edge of vegetation clearing (edge of work), Written certification by a registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure or activity, associated with the proposed use to occur. Renumber subsections 1, 2, 3 to 5, 6, and 7. SECTION 4 BUILDINGS AND USES PERMITTED 3/16/94 Section 4. 136 (7) Delete second paragraph of 4.136(7)(c). Delete the following language from subsection (d) "The following information will also be required by the applicant as part of any Special Permit Application" and add the following language to subsection (d): "An application for a Special Permit under this section shall include the following information: Application for a special permit from the Planning Board o Map on a scale of one (1) inch equals forty (40) feet prepared by a registered professional surveyor showing: a o the high water mark of Lake Cochichewick (if high water mark is within three hundred twenty five (325) feet of any proposed disturbance), bo the edge of all wetlands as confirmed by the Conservation Commissioner (if edge of wetlands is within three hundred twenty five (325) feet of any proposed disturbance), c. the non-disturbance zone, d. the non-discharge zone, e. the edge of vegetation clearing (edge of work), o Written certification by a registered Professional Engineer, or other scientist educated in and possessing extensive experience in the science of hydrology and hydrogeology, stating that there will not be any significant degradation of the quality or quantity of water in or entering Lake Cochichewick. Proof that there is no reasonable alternative location outside the Non-Disturbance and/or Non-Discharge Buffer Zones, whichever is applicable, for any discharge, structure or activity, associated with the proposed use to occur. Renumber subsections 1, 2, 3 to 5, 6, and 7. Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (AP PRO PRIATION Article *' To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (OTm~) Article *. To see if the Town will vote amend Section 2.65 of the Zoning Bylaw by adding the following underlined language to Section 2.65: "The Planning Board shall be the Granting Authority of all Special Permits to Cluster Development, Planned Development District, (1985/15) driveways, nursing and convalescent homes, Watershed Protection District, frontage exception lots, and large estate condominium conversions. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .~0) Petition of the By: Richard A. Petition of Nardelli~ ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. COI~IONWEALTH OF NASSACHUSETTS REGUEST FOR INSERTION OF ARTTC/.~ IN THE W/~dh~.~NT FOR THE DATE: ,/~/~/~' / ~ Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *' To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ direction of the , to be expended under the for the purposes of: OR (OT~R) (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Article *. To see if the Town will vote amend Section 4.2, PHASED DEVELOPMENT BYLAW, by deleting Paragraph 5 and inserting the following language: "5. The anniversary date of each subdivision or contiguous Form A lots under this provision shall be the date of endorsement of the plan." Add the following language as paragraph 9. "9. The number of lots that can be developed within any one year under this bylaw as set forth in Paragraph 1 above may be increased by the Planning Board by a Special Permit issued by the Planning Board." Petition of the Planning Board Richar n Petition of ** and others Name Street Address * Leave blank; the Article Number will be 1 a t e r determined. **Insert the name of the first signer of the request. Section 4.2 Phased Development Bylaw Delete Paragraph 5 and insert the following language "5 . The anniversary date of each subdivision or contiguous FORM A lots under this provision shall be the date of endorsement of the plan." Add the following language as paragraph 9. "9. The number of lots that can be developed within any one year under this bylaw as set forth in paragraph 1 above may be increased by the Planning Board by a special permit issued by the Planning Board." zbl.7 CO~9{ONWEALTH OF MASSACHUSETTS RRGUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR T~E 1994 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: ANNUAL TOWN NRRTIN~ DATE: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR Article *. To see if the Town will vote amend Section 4.136, WATERSHED PROTECTION DISTRICT, of the Zoning Bylaw by adding a new Section 9 as follows and renumber the existing Section 9 to Section 10. See Attached (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Petition of the~ard ,~ Petition of Name ** and others Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. Section 4.136 Watershe~ Protection District Add a new Section 9 as follows and renumber the existing section 9 to section 10: 9. Enforcement and Investigation of Violations In accord with the provisions of M.G.L. Chapter 40 Sections 21 D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provision of this Section, restrain violations thereof and seek injunctions and judgments to secure compliance with its provisions and any special permits that may have been issued. Without limiting the generality of the foregoing: A) Any person who violates any provision of this Section or of any condition or a permit issued pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by a Town Police Officer, other persons having police powers, Planning Board members, the Code Enforcement officer, or the Town Planner. In accordance with Ch.40 s.21D, violators may, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations of this Bylaw shall be assessed as follows: Violation Penalty Non-Disturbance Zone: The use, or method of application of, any lawn care or garden product that may contribute to the degradation of the public water supply $100 Any other violation of Section 4.136(5) $300 Non-Discharge Zone: Any surface or sub-surface discharge without the appropriate permits $100 The use, or method of application of, any lawn care or garden product that may contribute to the degradation of the public water supply $150 Any other violation of Section 4.136(4) $200 Any other violation of Section 4.136 $100 In the event of a violation of this Section or of any permit issued thereunder, the Planning Board or its agents may issue a stop work order to the owner, the applicant or agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Section; but the failure of the Board to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Section and to secure compliance with its orders. ZBL. 9 Section 4.136 Watershed Protection District Add a new Section 9 as follows and renumber the existing section 9 to section 10: 9. Enforcement and Investigation of Violations In accord with the provisions of M.G.L. Chapter 40 Sections 21 D and 31 as well as every other authority and power that may have been or may hereafter be conferred upon it, the Town may enforce the provision of this Section, restrain violations thereof and seek injunctions and judgments to secure compliance with its provisions and any special permits that may have been issued. Without limiting the generality of the foregoing: A) Any person who violates any provision of this Section or of any condition or a permit issued pursuant to it may be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a separate offense. This Bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21D, by a Town Police Officer, other persons having polices powers, Planning Board members, the Code Enforcement Officer, or the Town Planner. In accordance with Ch.40 s.21D, violators may, at the discretion of the enforcement authorities, be charged a penalty. The penalties for violations of this Bylaw shall be assessed as follows: Violation Penalty Non-Disturbance Zone: The use, or method of application of, any lawn care or garden product that may contribute to the degradation of the public water supply $100 Any other violation of Section 4.136(5) $300 Non-Discharqe Zone: Any surface or sub-surface discharge without the appropriate permits $100 The use, or method of application of, any lawn care or garden product that may contribute to the degradation of the public water supply $150 Any other violation of Section 4.136(4) $200 Any other violation of Section 4.136 $100 In the event of a violation of this Section or of any permit issued thereunder, the Planning Board or its agents may issue a stop work order to the owner, the applicant or agent by certified mail, return receipt requested, or by posting the same in a conspicuous location on said site. Any person who shall violate the provisions of a stop work order shall be deemed in violation of the Section; but the failure of the Board to issue a stop work order for any reason shall not prevent the Town from pursuing any other legal remedy at law or in equity to restrain violations of this Section and to secure compliance with its orders. ZBL. 9 CO~m~O~H OF ~SAC~{uSETTS ~40R~ ~ Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: o~ (o~) Article *- To see if the Town will vote amend Section 7 DIMENSIONAL REQUIREMENTS, of the ZOning Bylaw, by adding Section 7.2.1 ACCESS. Access to each lot must be provided over the legal frontage unless a Special Permit has been granted by the Planning Board. (If Petitioner is a TOwn Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .lO) Petition of ** and others Name Street Address * Leave blank; the Article Number will be 1 a t e r determined. **Insert the name of the first signer of the request. SECTION 7 DIMENSIONAL REQUIREMENTS 3/16/94 Add Section 7.2.1 Access Access to each lot must be provided over the legal frontage unless a special permit has been granted by the Planning Board. zbl.19 ~ONWEALTH OF MASSACHUSETTS Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *' To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (oTm~) (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Article *- To see if the Town will vote amend Section 2.30.1 DRIVEWAY, of the ZOning Bylaw by adding the following underlined language. "A way located on a lot which provides vehicular access to the building on the lot. The minimum width of a residential driveway shall be twelve (12) feet. Each driveway shall service no more than one lot. Subject to the granting of a Special Permit from the Planning Board, a driveway may be shared by not more than two (2) lots. Each such shared driveway must be regulated by a recorded maintenance agreement running in perpetuity with the land." Petition of the Planning .B, oard Richard A. Nardella, Chairman Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. Section 2.30.1 Driveway 3/16/94 Add the following underlined language: A way located on a lot which provides vehicular access to the buildings on the lot. The minimum width of a residential driveway shall be twelve (12) feet. Each driveway shall service no more than one lot. Subject to the granting of a Special Permit zbl .4 C~NWEALTH OF MASSACHUSETTS REGUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE ~994~ DATE: /%~/~ ~ /7 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR (OT~) Article *' To see if the Town will vote amend Section 8.5 PLANNED RESIDENTIAL DEVELOPMENT, of the Zoning Bylaw. · with the following: See Attached (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Petition of the Planning Board Richard Nardella, Chairman Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 ate r determined. **Insert the name of the first signer of the request. Section 8.5 Planned Residential Development Add the following underlined language to Section 1 (c): "To protect waterbodies and supplies, wetlands, floodplains, hillsides, agricultural lands, wildlife, and other natural resources." Delete the following language from Section 4: "The applicant is encouraged to submit a preliminary plan" and insert the following language: "The applicant must submit a Preliminary Plan per Section 6(G)" Delete the language in Section 6(G) and insert the following language: "G. Calculation of Allowable Residential Density Except as noted in Subsection H below, the maximum number of buildable lots in a PRD will be equal to the number of buildable lots which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Department a Plan which: meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(B) of the "Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts" in effect at the time of Plan submittal, if fully compliant with the "Zoning Bylaw" in effect at the time of Plan submittal, and 3. requires no zoning variances. The Planning Board will use this Plan to determine the maximum number of buildable lots." Section 8.5 Planned Residential Development Add the following underlined language to Section 1 (c): "To protect waterbodies and supplies, wetlands, floodplains, hillsides, agricultural lands, wildlife, and other natural resources." Delete the following language from Section 4: "The applicant is encouraged to submit a preliminary plan" and insert the following language: "The applicant must submit a Preliminary Plan per Section 6 (G)" Delete the language in Section 6(G) language: and insert the following "G. Calculation of Allowable Residential Density Except as noted in Subsection H below, the maximum number of buildable lots in a PRD will be equal to the number of buildable lots which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Department a Plan which: meets the criteria of a Preliminary Subdivision Plan as defined in Section 3(B) of the "Rules and Regulations Governing the Subdivision of Land, North Andover, Massachusetts" in effect at the time of Plan submittal, o if fully compliant with the "Zoning Bylaw" in effect at the time of Plan submittal, and 3. requires no zoning variances. The Planning Board will use this Plan to determine the maximum number of buildable lots." zbl.8 FOR INS~TION OF ARTIC~ IN TI~ ~ 1994 ANON/AL TOWN ~H~ETING Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *- To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: oR {OT~) Article *- To see if the Town will vote to amend the Zoning Bylaw , Section 7.1 Lot Area by deleting the pharses "April 28, 1993" and seventy (70)" from the second paragraph and add the attached. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .i0) Petition of By: Richard Petition of the /~orth A~dover Planp~n9 Board Name ** and others Street Address * Leave blank; the Article Number will be 1 a t e r determined. **Insert the name of the first signer of the request. SECTION 7 DIMENSION~QUI~S 3/16/94 Section 7.1 Lot Area Delete the phrases "April 28, 1993" and "seventy-five (75)", from the second paragraph and add: "As of June 1, 1994, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least eiqhty (80) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws-, Chapter 131, Section 40 and the North Andover Wetland Protection Bylaw, North Andover Code Section 178." zbl.1 ARTIC~ MODIFICATION OF ZONING BYLAW, SECTION 7.1. To see if the Town will vote to amend its Zoning Bylaw Section 7.1 Lot Area, as follows: Delete the phrases "April 28, 1993" and "seventy-five (75)", from the second paragraph and the following underlined language: As of June 1, 1994, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least eighty (80) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the North Andover Wetland Protection Bylaw, North Andover Code Section 178. zbl.1 of the first signer of the request. ARTICLE MODIFICATION OF ZONING BYLAW, SECTION 7.1. To see if the Town will vote to amend its Zoning Bylaw Section 7.1 Lot Area, as follows: Delete the phrases "April 28, 1993" and "seventy-five (75)", from the second paragraph and the following underlined language: As of June 1, 1994, the area of any new lot created, exclusive of area in a street or recorded way open to public use, at least eiqhty (80) percent of the minimum lot area required for zoning shall be contiguous land other than land located within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and the North Andover Wetland Protection Bylaw, North Andover Code Section 178. zbl. 1 DATE: March 18, , 19 94 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article *: To see if the Town will vote to raise and ]~q.T'rCLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: Article *- To see if the Town will vote to add the following language to Section 78 of the Code of the Town of North Andover: See Attached (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 § .10) Petition of the Planning Board Richard A. N~fdella, Chairman Petition of Name ** and others Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. EROSION CONTROL BYLAW I. Purpose The purpose of this Bylaw is to eliminate or reduce the harmful impacts of soil erosion and sedimentation on the public health, safety and welfare. This can be through retaining erosion on construction sites and restricting sediment transport offsite. Erosion and sedimentation are a threat to public health, safety and welfare in that: (1) Eroded soils can wash into wetlands, thus impairing the ability of those wetlands to perform the valuable flood control, pollution mitigation and water supply protection functions. (2) Eroded soils can clog waterways and negatively impact fisheries and wildlife habitat. (3) Erosion and sedimentation can transport nutrients, heavy metals and other compounds bonded to the soil particles to wetlands and waterways which can alter or pollute wetlands and waterways. (4) Erosion and sedimentation can damage roadways, shoulders, sidewalks and other public facilities, creating public safety hazards. (5) Erosion and sedimentation can result in damage to private property, businesses and homes. II. Jurisdiction No person shall cause any erosion or siltation offsite any construction project or other alteration of land. No person shall alter land (which includes but is not limited to filling, grading, or tree stumping) over 2500 square feet in surface area without the approval of an Erosion Control Plan by the Enforcing Authorities. No additional written authorization will be required of any project if an Order of Conditions issued by the Conservation Commission or Planning Board is in effect. This Bylaw shall not override, or be substituted for, the authority or review of any regulatory authority or department in exercising its duty under existing laws. This Bylaw shall not apply to existing ongoing agricultural practices so long as no offsite erosion or sedimentation results from those practices. III. Enforcing Authorities The Enforcing Authorities for the purposes of this Bylaw shall be shared by the Building Inspector, the Town Planner and the Conservation Administrator. Prior to any land-altering activity regulated by this Bylaw, all three offices shall be notified of the proposed activity. The Enforcing Authorities will decide at the time of initial project review who will enforce the provisions of this Bylaw on that project and the level of detail necessary in the Erosion Control Plan. IV. Requirements Any project which requires the disturbance of more than 2500 square feet of land area must submit an Erosion Control Plan prior to beginning any activity on site. A. Erosion Control Plan The Erosion Control Plan shall consist of: (1) a narrative and/or plan view and/or cross section of the project. (2) a sufficiently-detailed description of the site, its slopes, soils and potential for erodabililty. (3) the location of any fill material which will be stored on site. (4) the necessary controls to contain erosion and sedimentation on the site. B. Erosion Controls The erosion controls may include, but will not necessarily be limited to: (1) The installation of properly installed silt fence and hay bale barrier at the low point of any disturbed area, and every 100 ft. upgradient. (2) The installation of sediment control basins and any other structures necessary to trap sediment on the construction site. (3) Detail will be provided as to the location and installation of all erosion control devices as well as the name and phone number of the person(s) responsible for the installation and maintenance of the erosion controls. (4) Specifications with sufficient detail will be presented as to the type of temporary and permanent erosion control (ground cover, slope treatment, retaining walls etc.). Additional information can be obtained on erosion control standards from the Enforcing Authorities and the North Andover Wetlands Bylaw (Chapter 178 of the Code of North Andover). The Enforcing Authorities shall determine the level of detail of this Plan. The Plan's detail will be commensurate with the scale of the project and the possible impacts of erosion and sedimentation. Within 21 days of the submittal of an Erosion Control Plan of sufficient detail, the Enforcing Authorities will issue a written authorization to proceed. This authorization may consist of a letter from the Enforcing Authorities and will reference the approved Erosion Control Plan and will detail any additional conditions placed on the project. These conditions may include additional erosion control measures, performance bond requirements, or monitoring/reporting requirements. For small projects, the written authorization may be contained in the Enforcing Authorities' Form U authorization. In such a case, the Form U shall specifically state that the Form U shall serve as written authorization under this Bylaw. v. Bonds The Enforcing Authorities may require the applicant to file a deposit of money as a performance bond. This amount of the bond will sufficient to cover the cost of installing new erosion controls, removing accumulated sediment, repairing damage, or to permanently stabilize the site. If the Enforcing Authorities determine that the project proponent has not fulfilled his/her duties with respect to erosion and sedimentation control, all or part of the bond (and any accumulated interest) can be seized and utilized by the Enforcing Authorities to complete the necessary erosion control measures. Prior to the seizure of any bond, the Enforcing Authorities will inform the project proponent by certified mail of the intent to seize the bond. Such correspondence will be mailed at least one week prior to seizure. The amount of any bond shall be determined on a site-by-site basis using the following general guidelines. Bond amounts can be higher if the threat of erosion and sedimentation is higher (such as could be found on steep slopes, near wetlands and waterways, or in the Lake Cochichewick Watershed). Project Single Family Home Commercial/Industrial Facility Subdivision Ranqe of Bond $3,000 to $10,000 $5,000 to $15,000 $10,000 or more Upon completion of site alterations, the applicant may request and agree on terms of release with the Enforcing Authorities. VI. Violations Any alteration of land over 2500 square feet which begins without the written authorization of the Enforcing Authorities, or any project which fails to conform to the approved Erosion Control Plan or Written Authorization, is in violation of this Bylaw. Also, any erosion or sedimentation offsite of any alteration of land (with or without Written Authorization) is in violation of this Bylaw. VII. Enforcement In accordance with the provisions of MGL Chapter 40, Section 21D, the Enforcing Authorities may charge penalties for any violation of this Bylaw. Penalties can be assessed at the discretion of the Enforcing Authorities and will be commensurate with the severity of the violation. The Enforcing Authorities shall use the Wetland Bylaw Violation citations for enforcing this Bylaw. So long as the violation continues, each day the violation will constitute a separate offense. Penalties may be assessed as follows: Violation Penalty Sedimentation/Erosion of public property $100 Sedimentation/Erosion of a private property $100 Causing damage to a public way or structure $200 Sedimentation of a wetland or waterway $200 Any violation of this Bylaw in the Watershed District $300 VIII. Severability If any provision of this Bylaw or the application thereof is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or the application of any part of this Bylaw not specifically held invalid, nor shall it invalidate any written authorization which previously had been issued, and to this end the provisions of this Bylaw are declared to be severable. zbl.18 CO~9~D~TH OF MASSACHUSETTS REGUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 1994 ANN-~a.L TOWN MEETING DATE: March 18, , 1994 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19__ North Andover Annual Town Meeting: (APPROPRIATION Article *- To see if the Town will vote to raise and ARTICLE) appropriate the sum of $. , to be expended under the direction of the for the purposes of: OR (O'eR) Article *. To see if the Town will vote to see if the Town will vote to amend the Zoning Bylaw Section 7.2 Street Frontage by: see attached (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 ~ .zo) Petition of th~~,l~i~~., By: Richard A./Nardella, Chair Petition of ** and others Name Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. ARTICLE . AMEND ZONING BYLAW SECTION 7.2 STREET FRONTAGE. To see if the Town will vote to amend the Zoning Bylaw, Section 7.2 Street Frontage by: Deleting the first paragraph in section 1 and by inserting the following language: Exceptions to the minimum frontage requirements in residential districts may be granted by the Planning Board through the special permit process. An application for a special permit must demonstrate beneficial roadway and lot layout, wetland avoidance, and/or conformance with existing topography in order to be considered. All lots must conform to following requirements: Deleting paragraph c and inserting the following language: There are no other frontage exception lots contiguous to the lot in question; Deleting "as described above" from paragraph e and inserting "as described in 7.2.1" DATE~ March , 19 94 Board of Selectmen Town Office Building North Andover, MassachuSettS Gentlemen: It is hereby requested that the following Article be inserted in the warran~ for the 191, North Andover Annual Town Mee=ing~ (APPROPRIATION Article '5 TO see if =he Town will vote to raise and ARTICLE} appropriate the sum of S_ .......... , to be expended under the direction of =he ............ for the purposes of: OR (OTItER) Article .... *= To see if ~he Town will vo~e to accept the Conservation Restriction to the Inhabitants of the Town of North Andover, acting by and through the COnservation Commission °n; a parcel of land described as follows: The easterly portions of Lots 1 through 8 designated as being within the "Existing Wetlands Edge" as shown on Sheet 3 of 7 ~f a plan entitled "Special Permit and Definitive Plan, Meadowood, North Andover, Mass., Owner and Developer: Meadows Realty Trust, P.O. Box 6700, Suite 209, North Andover, Massachusetts," dated September 15, 1992, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, filed with North Essex Registry of Deeds on January 7, 1993 as Plan No. 12178 and recorded with the Essex North Registry of Deeds in Book 3790, Page 106. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered vo~ers of =he Town" under G.L. C. 39 ~ .10) Petition of the .................. Petition of MEADOWS REALTY TRUST ** and others * Leave blank; bhe Article Number will be I a t e r determined. **Insert the name of the first signer of the request. R~COEST I~OR ~NSHRTIO~ OF ARTZCL~ IN ~I~ ~£ FOR DAT~. ~ __.March Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: I= is hereby requested that =he following Article be inserted in the warrant for the 19_qA. North Andover Annual Town Meetingt (APPROPRIATION Article *~ TO see if ~he Town will vote =o raise and ARTICLE) appropriate the sum of ~ ..... , to be expended under the direction of ~he .... for the purposes of~ OR {OTHER) Article *l TO see ~f the TOWn will vote to accept the roadway as a public'way, namely Meadowood Road, as shown on sheet 2 of 7 of a plan entitled "Special Permit and Definitive Plan, Meadowood, North Andover, Massachusetts, Owner and 'Developer: ~BssltyTrust , P.O. Box 6700 - Suite 209, North Andover, Massachusetts dated September 15, 1993, by Merrimack Engineering Services, Inc., 66 Park Street, Andover, MA 01810, containing sheets one ~hrough seven (1-7), filed with the Essex North Registry of Deeds as Plan Number 12178. (If Petitioner is a Town Asency) OR: (If ~he insertion of the proposed Article is a= =he request of "ten or more registered vo%ers of ~he Town" under ~.L. C. 39 § .10) Petition of the Petition of MEADOWS REALTY TRUST ** and others Name Address * Leave blank; the Article Number will be I a ~ e r determined. **Insert th~ name of the first signer of the request, DANIEL LONG TOWN CLERK · ;' NOR TH A NDOVER 1 t7 4 RIIGDIIST FOR ZNS~TIO~ OF ~~ L~ ~ ~ ~ ~ 1994 DAT2~ ~arch , 19 94 Board of Selectmen Town Office Buildin9 North Andover, Massachusetts Centlemenl It is hereby requested that the following Article be inserted in the Warrant flor the 19_~ North Andover Annual Town Meetln~ (APPROPrIATiON Article ~ , .*~ To see ~f =he Town w£11 vote to raise and ARTI_Cr~) appropriate t~e sum of ~. ., to be expended under the direction of the £or the purposes of~ O~ ~oTmm) Article *~ To see if the TOWn will vote ~o accep~ ~he roadway'as a public 6ay, namely Phillips Common, as shown on sheet 2 of 6 of a plan entitled "Specia! Permi= and Defini~ive Plan, Phillips Common, North Andover, Massachusetts, Owner and Developer:'Phillips Common ~ealty Trust, P.O. Box 6700, Nor=h Andover, MassachuSe=Cs, 01845" dated Oc£ober 10, 1991, revised November 18, 1991, by Merrimack Engineering Services, Inc., 66 Park S~ree~, Andover, MA 01810, con~aining sheets one through six (1-6)~ filed w/Ch ~he Essex North Registry of Deeds as Plan Number 11998. · (If Petitioner is a Petition cf ~he Town Agency) ORr Petition Of _~L__I_pS ~___~ REALTY TRUST ** and others (If the insertion of the proposed Article is at the req~es~ of "~en or more re~io~ered voters of ~he Town', under O.L. C. 39 § Name Address Leave blank; the Article Number will b e i a = e r date=mined. **Insert the name of the first signer of =he reques=. D~N!EL LON~ COMNO~t~TE OF NASSAC:aOSA"Z'£S TOWN NORTH AND Board of Selectmen Town Office Building North A~dover, Massachusetts Gentlemen: DATE: March .... . . . ., , 19 94 It is hereby requested that the followin9 Article be inserted in the warrant for the 19_~ North Andover Annual Town Meeting: (APPROPRIATION Article *: TO see if the Town will vote to raise and ARTICLR) apprOpr£ate the sum of $.., , to be expended under the direction of the for the purposes of: ora (~) Article *~ TO see if the Town will vo~e to revoke, rescind and terminate'the Form M Conveyance of Easement and Utilities dated January 29, 1993 and recorded with Essex North Registry of Deeds in Book 3772, Page 280 relative to Cobblestone Crossing and to revoke, rescind and terminate the Grant of Easement on and over Cobblestone Circle and Copley Circle dated January 29, 1993 and recorded with the Essex North Registry of Deeds in Book 3772, Page 279. (If Pe~ibioner is a Town Agency) OR: (If the insertion of ~he proposed Article is a~ the request of "ten or more registered voters of the Town" under G.L. C. 39 § .lO) Petition of the Petition o~ Cobblest~n~Cross~~ Name ** and others Street Address * Leave blank; Article Number will be 1 a ~ e r determined. **Insert the name first signer request. DATE: March 18, Board of Selectmen Town Office Building North Andover, Massachusetts R EC E iYE!) DANIEL ,LONG NORTH A~L}u~ ~' Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19. North Andover Annual Town Meeting: (AP PROPRIATION Article *: To see if the Town will vote to raise and appropriate the sum of $ · to be expended under the direction of the for the purposes of: OR (o'r~) Article *- To see if the Town will vote to transfer to the Board of Selectmen for purposes of sale, the parcel known as the School House Lot, Assessor's Map 106, no lot number, abutting Lot 20 at 1440 Salem Street, and to authorize the Selectmen to dispose of such interest as the Town may have in said parcel by sale on such terms and conditions as they determine to be in the best interests of the Town, or take any action in relation thereto. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 * Leave blank; the Article Number will be 1 a t e r determined. **Insert the name of the first signer of the request. Petition of the By: Petition of /~. /$,-~ ** and others Street Address J-- 94 T UE :~ : 42 5086826483 TOWNOFNANBOVER ~oo~ ~0~O~ED WA~mU~T A~TICL_~ ~..C~. COL HOUSE.. L0_T~ .._.~.~.~_0--~__AL_~ To ~ee if =he To~ will vote =o transfer =o =he Boar~ o~ s~le~en for ~urDose~ of s~l~ ~h~ ~nro~l known ~s the ~ohool House Lo=, Assessor's Map 106, no lot nu~er, abut=lng ~ 20 a~ such int%r~s~ ~s =he Town may have in ~aid parcel by sal8 on ~uoh Post-It'~ brand fax transmittal memo 767~ ~p'".- ~' -~ ~NWEALTH OF MASSACHUSETTS c9~u3.,.---~GN]EST FOR INSERTION OF ARTICLE IN THE ~ FOR ~ 1994 B om~ ~c~d~ S ~]~e c tmen Towr~ice~ uildin9 North ~do~, ~assaehuseggs Gentlemen: It is hereby requested that the following Article be inserted in the Warrant for the 19 ~ North Andover Annual Town Meeting: (APPROPRIATION Article *' To see if the Town will vote to raise and ARTICLE) appropriate the sum of $ , to be expended under the direction of the for the purposes of: Committee to Study Annual Town Report and use of Electronic Bulletin Board(s) to provide information to citizens of No. Andover. To see if the Town will vote to create a special committee of five members, who are not elected officials, appointed by the Moderator to be known as the Committee to Study Annual Town Report and use of Electronic Bulletin Boards. This committee shall recommend the form and contents of minimum information to be provided by each department for inclusion in the Town's Annual Report, the format of the Annual Report and other information of departments which should be made accessible via Electronic Bulletin Board(s) and to submit to the next annual town meeting its written recommendations, including a summary of comments, of all departments, interested parties and any public hearings held. (If Petitioner is a Town Agency) OR: (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 ~ .10) * Leave blank; the Article Number will be 1 at er determined. **Insert the name of the first signer of the request. Petition of the By: ** and others ~;~ Building ~An~ver, Massachusetts Gentl~nen~ It is hereby requested that the following Article for the 19 North Andover Annual Town Meeting: (APPROPRIATION Article CO~40NWEALTH OF MASSACHUSETTS REGUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR T~E 1994 be inserted in the Warrant *' To see if the Town will vote to raise and Committee to Study Annual Town Report and use of Electronic Bulletin Board(s) to provide information to citizens of No. Andover. To see if the Town will vote to raise and appropriate a sum, not to exceed $1,000, and to create a special committee of five members, who are not elected officials, appointed by the Moderator to be known as the Committee to Study Annual Town Report and use of Electronic Bulletin Boards. This committee shall recommend the form and contents of minimum information to be provided by each department for inclusion in the Town's Annual Report, the format of the Annual Report and other information of departments which should be made accessible via Electronic Bulletin Board(s) and to submit to the next annual town meeting its written recommendations, including a summary of comments, of all departments, interested parties and any public hearings held. The sum appropriated shall be expended under the control of this committee. (If Petitioner is a Petition of the Town Agency) By: OR: Petition of (If the insertion of the proposed Article is at the request of "ten or more registered voters of the Town" under G.L. C. 39 ~ .]_o) 5 ** and others Street Address * Leave blank; the Article Number will b e 1 a t e r determined. **Insert the name of the first signer of the request. COI~I~M~TH OF I~SSACR~S~S ~UEST FOR INSERTION OF AHTICLE IN TH~ ~ FOR TIIR 1994 Board of Selectmen Town Office Building North Andover, Massachusetts Gentlemen: It is hereby requested that the following Article be for the 19..~ North Andover Annual Town Meeting: inserted in the Warrant Televising Selectmen, School Committee and other meetings. To see if the Town will vote to raise and appropriate, or borrow under applicable provisions of M.G.L., a sum not to exceed $50,000 to be expended under the direction of the board of Selectmen for the purpose of providing for local cable TV viewing, either delayed or simultaneous, of all Selectmen meetings, all School Committee meetings and meetings of any other Boards, the later as determined by the Board of Selectmen. The taped transcripts of these meetings shall be maintained by the Town for a period of three years and copies made available upon request after reimbursement of cos~ J (If Petitioner is a Town Agency) Petition of the By: OR: Petition of Q0~-- ~CO E~' ** and others (If the insertion of the proposed Article is at the morerequest registered of "ten or voters of the To~" under G.L. C. 39 Article Nu~er will of the first signer TOWN OF NORTll ANDOVER, MASSACtIUSETTS REQUEST FOR INSERTION OF ARTIC~F.~.!~'~E WARRANT FOR THE 19 ANNUAL TO~E~NG Board of Selectmen Town Office Building North An.dover, Massachusetts Gentlemen: It is hereby requested that the £oliowing Article be inserted in the Warrant for the 199/, North Andover Annual Town Meeting: ARTICLE *: To see if the Town will vote to amend the North Andover Zoning Ordinance together with the Zoning Map to change from R1 and R2 to R3, the premises South of Pleasant Street and North of Great Pond Road as further hereinafter described: The land shown on Registered Land Plan Number 33537C filed with the North Essex Registry of Deeds and shown on said plan as Lots 4 thru 14 inclusive and an unregistered parcel of land shown on said plan as belonging to Daniel J. Murphy, bounded as follows: Southeasterly Westerly Northeasterly By the Northwesterly line of Great Pond Road, 293.10 feet, 70.00 feet, 215.00 feet, 250.25 feet, and 49.65 feet; By land of various owners, 253.03 feet, 159.97 feet, 64.14 feet, 194.12 feet, 222.41 feet, 136.58 feet, 127.20 feet, 143.98 feet, 23.60 feet, 283.32 feet, 15.50 feet, 135.00 feet, 108.48 feet, and 54.25 feet; and By the Southwesterly line of Pleasant Street, 52.53 feet, 120.80 feet, 98.40 feet, 100.00 feet, 90.02 feet, 71.50 feet, 2~.00 feet, 129.14 feet, 37.50 feet, 125.00 feet, 46.50 feet, 78.85 feet, 31.00 feet, 94.29 feet, 75.00 feet, 94.33 feet, 120.00 feet, 71.14 feet, 38.23 feet, 150.51 feet, 125.70 feet, 170.67 feet, and 54.33 feet. (If PetitionerisaTown Agency) OR: (If the insertion of the proposed Article is at the reques~ of "ten or more registered voters of the town" under G. L. c. 39, s. 10) Petition of the By: Petition of __ Douglas J. Ely ** and others Street Address *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the~ Request. REQUEST FOR INSERTION OF ARTICLE IN THE WARRANT FOR THE 19 ANNUAL TOWN MEETING Board of Selectmen Town Massachusetts [_ ! hereby requested,~that the following Article be inserted in the Warrant fo~ the 19 North Town Meeting,: (APPR01~IATiON Article.' '*: To see il the Town will vote to raise and appropriate the sum ARTICLE) of $ , to be expended under the direction o! the "for tim purpose of OR: (OTHER) Article. *: To see ~if theTown will voteto provide trash rer~val · services to the residents of Wal~ker Road. (If Petitioner isa Town Agency) OR: (If the insertion of the proposed Article the request o[ more reglstercd of the town" L. c. 39, s. 10) *Leave blank; the Ar- ticle number will be later determined **Insert the name of the first signer of the Petition of the By: Petltlott'of _ PatCicia Corsaro ** and others Street Address