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Town of North Andover
May 13, 2002
Annual Town Meeting Minutes
The Annual Town Meeting for the Town of North Andover convened in
the North Andover High School Fieldhouse. The invocation was given by Rabbi
Asher Bronstein. The Essex County Composite Program of the Civil Air Patrol
presented the colors and led the Pledge of Allegiance and Star Spangled Banner.
The Meeting was called to order at 7:1OPM by Moderator Charles A. Salisbury.
Moderator Salisbury introduced the Boards and Committees. Upon motion made
by Chairman Rosemary Smedile and duly seconded it was voted to dispense with
the reading of the warrant and with the Constable's return of that warrant. It was
further moved and voted that the Moderator not be required to read articles of the
warrant verbatim, but be allowed to refer to articles by number and any subject
matter.
Upon Motion of Keith A. Mitchell, Finance Committee, and duly seconded a rule
of the meeting was adopted by majority vote that Article 11, Article 12, Article
13, Article 15 and Article 16 would not be considered by the meeting until the
May 28, 2002 session.
Article 1. Reports of Receipts, Expenditures and Special Committees. To
see if the Town will vote to accept the reports of receipts and expenditures as
presented by the Selectmen in the 2001 Annual Town Report and to hear the
reports of any special appointed committees.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 1 as printed in the Warrant and to
receive the report of the Financial Task Force. Voted May 13, 2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 2. Authorization of the Town Manager or Superintendent of Schools
Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote
in accordance with the provisions of Massachusetts General Laws Chapter 30B,
Section 12(b), to authorize the Town Manager or the Superintendent of Schools to
solicit and award contracts for terms exceeding three years, including any
renewal, extension or option, provided in each instance the longer term is
determined to be in the best interest of the Town by vote of the Board of
Selectmen or the School Committee, as appropriate.
Board of Selectmen
VOTED by Clear Majority to adopt Article 2 as printed in the warrant.
Voted May 13, 2002.
Article 3. Authorization to Accept Grants of Easements. To see if the
Town will vote to authorize the Board of Selectmen and the School Committee to
accept grants of easements for water, drainage, sewer, roadway and utility
purposes on terms and conditions the Board and the Committee deem in the best
interest of the Town.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 3 as printed in the Warrant. Voted
May 13, 2002.
Article 4. Authorization to Grant Easements. To see if the Town will
vote to authorize the Board of Selectmen and the School Committee to grant
easements for water, drainage, sewer and utility purposes on terms and conditions
the Board and the Committee deem in the best interests of the Town.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 4 as printed in the Warrant. Voted
May 13, 2002.
Article 5. Reauthorization of Revolving Fund — Board of Health. To see
if the Town will vote to authorize the use of a revolving fund for Fiscal Year 2003
pursuant to Chapter 44, Section 53E '/2 of Massachusetts General Laws for the
purpose of allowing the Board of Health to retain consultants and services in
order to monitor and enforce operating permits and conditions of environmental
and regional services facilities located in North Andover, including the
enforcement of truck routes; further that payments made to the Town by
Wheelabrator-North Andover, Inc. and the Greater Lawrence Sanitary District
under terms of their host community agreements and permits specifically
2002 ANNUAL TOWN MEETING MINUTES
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earmarked to offset such monitoring and enforcement be deposited in such
revolving fund; and that the total amount of expenditure shall not exceed $75,000.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 5 as printed in the warrant. Voted
May 13, 2002.
Article 6. Prior Years Unpaid Bills. To see if the Town will vote to raise
and appropriate, transfer from available funds or otherwise provide a sum or sums
of money for the purpose of paying unpaid bills of prior years of the Town.
Board of Selectmen
UNANIMOUSLY VOTED that the Town appropriate from available
funds, the sum of $11,979.10 in order to pay a prior year outstanding bill to
Brody, Hardon, Perkins & Kesten for legal services. Voted May 13, 2002
Article 7. Fiscal Year 2002 Budget Transfers. To see if the Town will
vote to amend the General Fund Appropriation for Fiscal Year 2002 voted under
Article 6 of the 2001 Annual Town Meeting and amended under Article 1 of the
Special Town Meeting on December 3 2001.
Board of Selectmen
UNANIMOUSLY VOTED to transfer from the following fiscal year 2002
budget line items:
General Government Personnel: $53,252
Public Works-Personnel: $47,000
General Government Salary Reserve: $374,910
To the following Fiscal Year 2002 budget line items
General Government Personnel: $71,210
General Government Expenses: $31,252
Public Safety Personnel: $257,100
Public Works Expenses: $46,600
Public Works Expenses: $47,000
Fixed Expenses Unemployment: $22,000
Voted May 13, 2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 8. Petition to Direct the School Building Committee Not to
Demolish Existing High School Structure. To see if the Town will vote to
direct the School Building Committee/Department not to demolish the High
School structure that presently exists and to authorize the Board of Selectmen to
swap any land that might be necessary to accomplish this.
Petition of Eugene P. Willis and others
VOTED BY CLEAR MAJORITY to "Take No Action" on Article 8. Voted
May 14, 2002.
Article 9. Architectural Fees for a New Foster Farm Elementary School.
To see if Town will vote to raise and appropriate the sum of$2,267,133 to be
expended under the direction of the School Building Committee for the purpose
of obtaining all necessary services for the development of an architectural design
and plan for a new elementary school to be located at the Foster Farm site; and to
determine whether this appropriation shall be raised by borrowing or otherwise.
School Committee
UNANIMOUSLY VOTED to "Take No Action" on Article 9. Voted May 14,
2002
Article 10. New Elementary School At Foster Farm — Boxford Street. To
see if the Town will vote to raise and appropriate the sum of $22,800,000 for
constructing, originally equipping and furnishing a new 800 student (K-5)
elementary school, including any necessary additional architectural services,
construction management services and site development, such school to be built at
the Foster Farm site on Boxford Street.
And whether to meet this appropriation the Treasurer, with the approval of
the Board of Selectmen, is authorized to borrow $22,800,000 under Chapter 44 of
the General Laws and under Chapter 645 of the acts of 1948, as amended;
That this appropriation be expended under the jurisdiction of the School
Building Committee, which shall be authorized to take any other action necessary
to carry out this project;
Provided, however, that no debt may be incurred under this vote, except
for costs associated with planning and other preliminary expenses, until the State
Department of Education has included the town's application for state school
construction grant on its list of completed project applications, showing the
priority assigned;
Provided that this vote shall not take effect until the Town votes to exempt
from the limitation on total taxes imposed by Massachusetts General Laws
2002 ANNUAL TOWN MEETING MINUTES
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Chapter 59, Section 21C (Proposition 2 '/2) amounts required to pay principal of
and interest on the borrowing authorized by this vote;
And that the Board of Selectmen is authorized to petition the General
Court for an act to authorize the capitalization of the interest during construction
of the school project.
Petition of Samuel Ameen and others
UNANIMOUSLY VOTED to "Take No Action" on Article 10. Voted May 14,
2002.
Article 11. Capital Improvement Plan Appropriation for Fiscal Year
2003. To see if the Town will vote to raise and appropriate, transfer from
available funds, or borrow under the provisions of Massachusetts General Laws,
Chapter 44, the sums of money necessary to fund the Town Capital Improvement
Program; or take any other action relative thereto.
Board of Selectmen
Capital Improvement Budget Fiscal Year 2003
GENERAL FUND Finance Finance
Committee Committee
Fund Original Fund Adjusted
Department Project Description Code Recommendation Code Recommendation
1 Public Schools Kittredge Heating System Replace 5 490,000 5 490,000
2 Feasibility Study New Elem 1
3 Design New Elementary 1 5 2,267,133 5 2,267,133
4 Relocate Central Office
Tech. Bradstreet, SPED &Tech.
5 Dept. 5 139,820 5 139,820
6 Repaving Project
Tech. Atkinson, Franklin &
7 Kittredge Schools 5 225,520 5 225,520
Tech. High School &Middle
8 Schools 5 188,520 5 188,520
Bradstreet School Sprinkler
8A System 5 125,000
sub-total 3,310,993 3,435,993
9 Comm Dev Town Hall Phase 1 5 2,000,000 5 1,750,000
10 Fire SCBA Replacement 5 171,600 5 171,600
11 Public Safety Technology 5 144,073 5 144,073
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sub-total 315,673 315,673
12 Police New Police Station Design 5 730,000 5 730,000
13 Public Safety Technology 5 144,073 5 144,073
sub-total 874,073 874,073
14 DPW 3/4 Ton Pickup 2 30,000 2 30,000
15 Gang Mower 5 80,000 5 80,000
16 Dump Truck w/sander 2 98,200 2 98,200
17 Recycle Truck 5 102,000 5 102,000
18 Sweeper 5 105,000 5 105,000
19 Roadway Improvements 5 199,896 5 199,896
20 Sidewalk Construction 2 80,400 2 80,400
sub-total 695,496 695,496
TOTAL GENERAL FUND 7,196,235 7,071,235
Water Enterprise Finance France
Committee Committee
Fund Original Fund Adjusted
Project Description Code Recommendation Code Recommendation;
Water System/WTP
21 Improvements 6 936,000 6 796,000
22 Water Main Rehab 6 790,000 6 380,000
22A Sutton Hill Water Improvements 6 550,000
TOTAL SEWER FUND 1,726,000 1,726,000
SEWER ENTERPRISE
23 Sewer System Imp 1/1 7 100,000 7 100,000
24 Sewer System Ext. in Watershed 7 988,000 7 988,000
TOTAL WATER FUND 1,088,000 1,088,000
Stevens Estate at Osgood Hill
25 Gatehouse Improvements 8
26 Landscape Ph 111 8 40,000 8 40,000
Building and Grounds
27 Improvement 8 150,000 8 150,000
28 Main House Window Replace 8
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TOTAL STEVENS ESTATE FUND 190,000 190,000
Code and Funding
Recommendations
1 Raise and Appropriate-General 0 0
2 Raise&Appropriate-General
Override 208,600 208,600
3 Raise and Appropriate-Water 0 0
4 Raise and Appropriate-Sewer 0 0
5 Bonds/Notes-General 6,987,635 6,862,635
6 Bonds/Notes-Water 1,726,000 1,726,000
7 Bonds/Notes-Sewer 1,088,000 1,088,000
8 Stevens Estate Reserve 190,000 190,000
9 Debt Excluded Bonds/Notes 0 0
10 Other Available Funds 0 0
Total All Capital 10,200,235 10,075,235
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR
that the Town appropriate $10,075,235 to fund the items listed under the column
"Finance Committee Recommends", and to meet the appropriation for items
1,5,7,8,8A,9,10,11,12,13,15,17,18,19,21,22,22A,23,24 the Treasurer with the
approval of the Board of Selectmen to borrow $7,409,502 under Chapter 44 of the
Massachusetts General Laws;
And to fund items 26, 27 $190,000 be appropriated from the Stevens Estate at
Osgood Hill Enterprise Fund "Reserve Balance";
And further to fund item 3 that $2,267,133 is appropriated for the purpose of
obtaining all necessary services for the development of an architectural design
and plan for a new elementary school to be located at the Foster Farm; and that to
meet this appropriation the Treasurer with the approval of the Board of Selectmen
is authorized to borrow $2,267,133 under Chapter 44 of the General Laws or
Chapter 70B of the General Laws or any other enabling authority; and that the
School Building Committee is authorized to take any other action necessary to
carry out this project;
And further to fund items 14,16 and 20 $208,600 be raised; provided however
that the appropriation to fund items 14,16 and 20 shall not take effect until the
Town votes to exempt the necessary funds from the limitations on total taxes
imposed by Massachusetts General Laws Chapter 59, Section 21C (Proposition 2
'/2).
Voted May 28, 2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 12. General Fund Appropriation Article Fiscal Year 2003. To see
if the Town will vote to raise and appropriate, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the General
Fund for the Fiscal Year beginning July 1, 2002, and ending June 30, 2003.
Board of Selectmen
General Fund Appropriation Article Fiscal Year 2003.
TOWN FINANCE
CURRENT TOWN MEETING COMMITTEE Dollar Change
May 13,
BUDGET MANAGER 2002 May 28, 2002 In Finance Comm.
FY 02 RECOMMEND VOTED RECOMMEND Recommendations
GENERAL
GOVERNMENT
Personnel Services 2,390,363 2,441,125 2,495,404 2,451,725 (43,679)
Expenses 1,431,426 1,241,446 1,459,274 1,246,446 (212,828)
Mosquito Control - 60,000 60,000 - (60,000)
Finance Comm.
Reserve Fund 364,000 150,000 350,000 150,000 (200,000)
Salary Reserve 375,000 655,000 690,000 690,000 -
Total General
Government 4,560,789 4,547,571 5,054,678 4,538,171 (516,507)
PUBLIC SAFETY
Personnel Services 5,880,762 5,685,748 5,951,035 5,870,037 (80,998)
Expenses 708,533 564,583 707,122 564,583 (142,539)
Total Public Safety 6,589,295 (223,537)
2002 ANNUAL TOWN MEETING MINUTES
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6,250,331 6,658,157 6,434,620
PUBLIC WORKS
Personnel Services 1,137,962 1,014,972 1,179,658 1,068,872 (110,786)
Expenses 2,427,574 2,665,098 2,882,598 2,665,098 (217,500)
Total Public Works 3,565,536 3,680,070 4,062,256 3,733,970 (328,286)
FIXED EXPENSES
Retirement 1,540,717 1,569,142 1,569,142 1,569,142 -
Workers
Compensation 181,000 200,000 200,000 200,000 -
Unemployment
Expenses 13,000 600,000 20,000 20,000 -
Group Insurance 3,439,000 4,476,549 4,602,472 4,413,205 (189,267)
Payroll Taxes 262,012 240,000 301,113 275,113 (26,000)
Debt Service Principal 2,691,233 4,174,000 4,174,000 4,174,000 -
Debt Service Interest
on Long Term Debt 2,226,224 2,647,218 2,647,218 2,647,218 -
Debt Service Interest
on Short Term Debt 170,000 - - - -
Liability Insurance 146,959 175,000 175,000 175,000 -
Stabilization Fund 622,000 - - - -
Total Fixed Expenses 11,294,645 14,081,909 13,688,945 13,473,678 (215,267)
EDUCATION
North Andover Public
Schools 27,484,107 27,649,011 31,001,003 29,532,518 (1,468,485)
sub-total Public
Schools 27,484,107 27,649,011 31,001,003 29,532,518 (1,468,485)
School Building
Committee
Personnel 14,500 17,500 17,500 17,500 -
Expenses 8,441 9,441 9,441 9,441 -
sub-total School
Building Committee 22,941 26,941 26,941 26,941 -
2002 ANNUAL TOWN MEETING MINUTES
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Regional Voc./Tech.
Schools
Essex Reg. Tech
School 94,795 97,165 97,165 97,165 -
Gr. Lawrence Voc.
School 77,380 80,176 80,176 80,176 -
sub-total Regional
Schools 172,175 177,340 177,340 177,340 -
School Assessments
Charter School
Assessment 23,901 24,499 24,499 24,499 -
School Choice 11,742 12,036 12,036 12,036 -
sub-total School
Assessments 35,643 36,534 36,534 36,534 -
Total Education 27,714,866 27,889,826 31,241,818 29,773,333 (1,468,485)
Total Raise 53,725,131 56,449,707 60,705,854 57,953,772 (2,752,082)
State Assessments 579,570 619,750 619,750 833,448 213,698
Overlay 607,049 499,395 499,395 499,395 -
Monetary Articles 171,150 112,500 112,500 125,000 12,500
Capital Article Transfer 251,469 - 208,600 - (208,600)
Deficits 170,793 50,000 50,000 - (50,000)
Total Raise and
Appropriate 55,505,162 57,731,352 62,196,099 59,411,616 (2,784,484)
VOTED BY MAJORITY VOTE to make the following amendments to the Finance
Committee Recommendation as follows:
Decrease "General Government" Personnel Services by 43,679 and Expenses by 212,828 and Mosquito
Control by 60,000 and Finance Committee Reserve by 200,000
for a total Government General
appropriation of 4,538,171
Decrease "Public Safety" Personnel Services by 80,998 and Expenses by 142,539
for a total Public Safety appropriation of 6,434,620
Decrease "Public Works" Personnel Services by 110,786 and Expenses by 217.500
for a total Public Works appropriation of 3,733,970
Decrease "Fixed Expenses" Group Insurance by 284,313 and Payroll Taxes by
2002 ANNUAL TOWN MEETING MINUTES
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26,000 for a total Fixed Expenses appropriation of 13,378,632
Decrease "Education" North Andover Public Schools by 1,468,485
for a total Education appropriation of 29,773,333
Said amendment would decrease the amount to be raised by 2,752,082 for a total raise of$57,858,726.
VOTE: CLEAR MAJORITY VOTE TO ADOPT AS AMENDED ABOVE.
And further to reduce the tax rate, increase the authorized appropriation from the Town "Stabilization Fund"
By $148,000 for an appropriation of$448,000
VOTE: TWO-THIRDS DECLARED BY THE MODERATOR. VOTED MAY 28, 2002
Article 13. Compensation of Elected Officials. To see if the Town will vote
to fix the salary and compensation of the elected officers of the Town, as provided
by Section 108 of Chapter 41 of the Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $2,000
Chairman of Board of Selectmen, per annum, in addition 300
School Committee, per person, per annum 2,000
Chairman, School Committee, per annum, in addition 300
Moderator, For Annual Town Meeting 100
For each Special Town Meeting 50
or take any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 13 as printed in the Warrant. Voted
May 14, 2002.
Article 14. Water Enterprise Fund Appropriation for Fiscal Year 2003.
To see if the Town will vote to appropriate from Water Enterprise Fund
Revenues, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the Water Enterprise Fund for the Fiscal Year
beginning July 1, 2002 and ending June 30, 2003.
Board of Selectmen
2002 ANNUAL TOWN MEETING MINUTES
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WATER ENTERPRISE
Revised Town Board of Finance
Department Request Budget Manager Selectmen Committee
$4,559,470 FY 2002 Recommends Recommends Recommends
Personnel 607,122 645,439 645,439 645,439
Expenses 876,026 919,025 919,025 919,025
Capital 0 0 0 0
Reserve Fund
Debt Service 1,979,598 2,322,160 2,322,160 2,322,160
Sub-Total Direct Expenditures 3,462,746 3,886,624 3,886,624 3,886,624
Admin./Indirect 370,000 379,250 379,250 379,250
Total Water Enterprise 3,832,746 4,265,874 4,265,874 4,265,874
And that$4,265,874 be appropriated from Water receipts
UNANIMOUSLY VOTED that the Town appropriate the total listed
under the column "Finance Committee Recommends" to operate the Water
Enterprise Fund and further that $3,886,624 be raised from water receipts and that
VOTE that the amount to be raised from water receipts and appropriated in the
general fund be increased by $95,750 from $379,250 to $475,000. Voted May
28, 2002.
Article 15. Sewer Enterprise Fund Appropriation for Fiscal Year 2003.
To see if the Town will vote to appropriate from Sewer Enterprise Fund
Revenues, transfer from available funds or otherwise provide a sum or sums of
money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year
beginning July 1, 2002, and ending June 30, 2003.
Board of Selectmen
SFWER ENTERPRISE
Revised Town Board of Finance
Department Request Budget; Manager Selectmen Committee
$3,521,100 FY 2002 Recommends Recommends Recommends
Personnel 194,271 216,954 216,954 216,954
Expenses 277,921 211,100 211,100 211,100
GLSD Assessment 1,123,731 1,404,664 1,404,664 1,404,664
Settlement 0 56,000 56,000 56,000
Reserve Fund
Debt Service 820,109 1,405,365 1,405,365 1,405,365
Sub-Total Direct Expenditures 2,416,032 3,294,083 3,294,083 3,294,083
Admin./Indirect Expenditures 150,000 153,750 153,750 153,750
Total Sewer Enterprise 2,566,032 3,447,833 3,447,833 3,447,833
And that$3,447,833 be appropriated from Sewer receipts
2002 ANNUAL TOWN MEETING MINUTES
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UNANIMOUSLY VOTED that the Town appropriate the total listed under the
column "Finance Committee Recommends" to operate the Sewer enterprise fund
and further that $3,294,083 be raised from sewer receipts and that $153,750 be
raised from sewer receipts and appropriated in the general fund. Voted May 28,
2002.
Article 16. Stevens Estate at Osgood Hill Enterprise Fund Appropriation
for Fiscal Year 2003. To see if the Town will vote to appropriate from Steven's
Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or
otherwise provide a sum or sums of money for the purpose of funding the Stevens
Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2002
and ending June 30, 2003.
Board of Selectmen
STEVENS ESTATE at OSGOOD HILL
Revised, Town, Board of Finance
Department Request Budget Manager Selectmen Committee
$677,612 FY 2002' Recommends Recommends Recommends
Personnel 281,002 249,037 249,037 249,037
Expenses 442,550 353,225 353,225 353,225
Capital 0 0 0 0
Sub-Total Direct Expenditures 723,552 602,262 602,262 602,262
Admin./Indirect Expenditures 54,000 55,350 55,350 55,350
Total Stevens Estate Enterprise 777,552 657,612 657,612 657,612
And that$657,612 be appropriated from Stevens Estate receipts.
VOTED BY CLEAR MAJORITY that the Town appropriate the total listed
under the column "Finance Committee Recommends" to operate the Stevens
Estate at Osgood Hill enterprise fund and further that $602,262 be raised from
Steven Estates receipts and that $55,350 be raised from Steven's Estate at Osgood
Hill receipts and appropriated in the General Fund.
And further to make the following amendments to the Finance Committee
Recommendation:
That the amount to be raised from Steven's Estate at Osgood Hill receipts and
appropriated in the General fund be increased by $16,650 from $$55,350 to
$72,000. Voted May 28, 2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 17. Beede Waste Oil Settlement. To see if the Town will vote to
raise and appropriate a sum or sums of money not to exceed $125,000 for the
purpose of resolving any and all claims against the Town relating to disposal of
certain hazardous materials at the Beede Waste Oil Superfund Site.
Board of Selectmen
UNANIMOUSLY VOTED that the Town vote to raise and appropriate $125,000
for the purpose of resolving any and all claims against the Town relating to
disposal of certain hazardous materials at the Beede Waste Oil Superfund Site.
Voted May 14, 2002.
Article 18. Community Preservation Fund Report. To see if the Town will
vote to receive the report of the Community Preservation Committee.
Community Preservation Committee
UNANIMOUSLY VOTED to receive the report of the Community Preservation
Committee. Voted May 14, 2002.
Article 19. Appropriations— Community Preservation Fund. To see if the
Town will vote to raise, borrow and/or appropriate from the Community
Preservation Fund, in accordance with the provisions of Massachusetts General
Laws Chapter 44B, a sum of money to be spent under the direction of the
Community Preservation Committee for the following purposes:
a) Restoration of the Old Burying Ground located $67,000 Historic Resources
at the intersection of Court and Academv Streets:
b) Osgood Hill Estate: Gutters and Rainspouts: $85,000 Historic Resources
c) Town Hall Renovation: $500,000 Historic Resources
d) Reserve For Future Expenditures: $156,300 Affordable Housing
e) Administrative Costs,including appraisal expenses of $5,000 Administrative and
the Community Preservation Committee: Operating Expenses
fl Bank Fees associated with authorized borrowing of funds: $3,000 Open Space
9) Principal and Interest Expenses: Carter Hill Property $385,000 Open Space
h) Principal and Interest Expense: Mary Charles Estate, $575,000 Open Space
also known as Half Mile Hill
and for additional purposes as the Community Preservation Committee may
recommend; or take any other action relative thereto
Community Preservation Committee
VOTED BY CLEAR MAJORITY to accept the recommendation of the
Community Preservation Committee and appropriate items from Community
Preservation Receipts for a total appropriation of $1,776,300. Voted May 14,
2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 20. Acquisition in Fiscal Year 2002 of Land — The Land, Open
Fields and Woodlands on the Shore of Lake Cochichewick Once Part of
Edgewood Farm (Osgood Street) also Known as the Mary Charles Estate
and "Half-Mile Hill".
Community Preservation Committee
UNANIMOUSLY VOTED that the Town hereby accepts the
recommendation of the Community Preservation Committee and
appropriates $2,650,000 for the acquisition by purchase or eminent domain
of a parcel of land of approximately 37.63 acres and a parcel of land of
approximately 1.47 acres owned by The Mary Charles 1976 Trust, c/o Mr.
Arthur W. Hughes, III, 1 International Place, Boston, MA 02110 or by the
Trust for Public Land, as described on Assessors Map 36, Parcel 1, and
Assessors Map 36, Parcel 20 to be managed and controlled by the
Conservation Commission of the Town of North Andover in accordance with
Chapter 40, Section 8C for conservation and passive recreation purposes;
and that to meet said appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $2,650,000 under Chapter 44B
and/or Chapter 44 of the General Laws or any other enabling authority; that
the Town Manager be authorized to file on behalf of the Town of North
Andover any and all applications deemed necessary under the Self-Help Act
(Chapter 132A, Section 11) or any other application for funds in any way
connected with the scope of this acquisition, provided, however, that the
amount of the authorized borrowing shall be reduced by the amount of any
such grants or funds received prior to the issuance of bonds or notes under
this vote; that the town Manager and the Board of Selectmen and the
Conservation Commission be authorized to enter into all agreements and
execute any and all instruments, including a permanent deed restriction in
accordance with General Laws Chapter 184, as may be necessary on behalf
of the Town of North Andover to affect said purchase; and that the Board of
Selectmen is authorized to take any other action necessary to carry out this
project. Voted May 14, 2002.
Article 21. Petition the General Court — Permanent Deed Restriction —
Mary Charles Estate also known as "Half Mile Hill". To see if the Town will
vote to instruct the Town's representatives to the General Court to file a
Home Rule Petition to authorize the Board of Selectmen and Conservation
Commission to grant a permanent deed restriction to the Department of
Environmental Management, and/or another Commonwealth entity and/or
the Trustees of Reservations and/or any other private organization qualified
to hold such restrictions, in accordance with General Laws Chapter 184,
limiting the use of the property as described on Assessors Map 36, Lot 1, and
2002 ANNUAL TOWN MEETING MINUTES
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Assessors Map 36, Lot 20 containing approximately 37.623 acres and 1.47
acres to open space purposes.
Community Preservation Committee
UNANIMOUSLY VOTED to adopt Article 21 as printed in the warrant. Voted
May 14, 2002.
Article 22. Acquisition of Real Estate: Boxford and Foster Streets. To
see if the Town will vote to raise and appropriate a sum of money for the purpose
of acquiring interests in real estate located at "22 Boxford Street, Assessors Map
104D, Parcel 33, 1.25 acres, more or less", including but not limited to options to
purchase; to authorize the Selectmen to acquire all or portions of the rights, title
and interest in said property in the name of the Town for municipal purposes, by
gift, purchase or eminent domain; to authorize the Treasurer, with the approval of
the Selectmen, to borrow said sum under Chapter 44 of the Massachusetts
General Laws or any other enabling authority.
Board of Selectmen
UNANIMOUSLY VOTED to "Take No Action" on Article 22. Voted May 28,
2002.
Article 23. Amend Water Enterprise Fund FY2002 for Acquisition of
Land-Lake Front Property Great Pond Road Adiacent to Water Treatment
Plant. To amend the Water Enterprise Fund appropriation for Fiscal Year 2002
voted under Article 10 of the May 14, 2001 Annual Town Meeting and amended
under Article 4 of the December 3, 2001 Special Town Meeting by appropriating
from the Water Enterprise Fund Reserve Balance, a sum of funds and/or borrow a
sum of money under the provisions of Massachusetts General Laws, Chapter 44,
to acquire by gift, purchase, or eminent domain the land known as Map 37A,
Parcel 2, approximately 4.426 acres in size, and that the Town Manager be
authorized to enter into all agreements and execute any and all instruments, in
accordance with General Laws Chapter 184, as may be necessary on behalf of the
Town of North Andover to affect said purchase.
Board of Selectmen
UNANIMOUSLY VOTED to "Take No Action" on Article 23. Voted May 28,
2002.
Article 24. Report of Beaver Issues Committee. To see if the Town will
vote to hear the report of the Beaver Issues Committee and to take action with
regard to the continued existence of the Committee.
Board of Selectmen
2002 ANNUAL TOWN MEETING MINUTES
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VOTED BY MAJORITY VOTE that the Town Meeting request the Board of
Selectmen to direct the Town Manager to establish a second special committee of
five (5) residents effected by the beaver population and Town officials who will
study and investigate and formulate a recommendation on the property damage
and the effects on the watershed of Lake Cochichewick with results to be
presented in a report to the next Annual Town Meeting. Voted May 28, 2002.
Article 25. Revocation of Civil Service. To see if the Town will vote by
ballot in the next election to revoke the applicability of the civil service laws and
rules, as set forth in Chapter Thirty-One of the Massachusetts General Laws, to
the School Department's Custodian and Food Service worker titles.
School Committee
UNANIMOUSLY VOTED to adopt Article 25 as printed in the warrant. Voted
May 28, 2002.
Article 26. Acceptance of Ownership of Roadway — Foxwood Drive and
Weyland Circle. To see if the Town will authorize the Selectmen to accept
the fee in the roadways shown as Foxwood Drive and Weyland Circle on a Plan
of Land entitled "Definitive and Special Permit Plan Foxwood in North Andover,
Mass. Owned & Developed by Summer Street Realty Trust 733 Turnpike Street-
Suite 209, North Andover, MA 01845. Scale F'=40', 1993, Rev. 12-9-93,
Merrimack Engineering Services, 66 Park Street, Andover, Massachusetts
01810," which plan is recorded with the Northern Essex Registry of Deeds as
Plan No. 12371.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 26 as printed in the warrant. Voted
May 28, 2002.
Article 27. Acceptance of Ownership of Parcel A and Parcel B Foxwood
Subdivision. To see if the Town will vote to authorize the Selectmen and
Conservation Commission to accept the fee in the land shown as Parcel A and
Parcel B and denoted as "Open Space" on a Plan of Land entitled "Definitive and
Special Permit Plan Foxwood in North Andover, Mass. Owned & Developed by
Summer Street Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA,
01845. Scale F'=40', May, 1993, Rev. 12-9-93, Merrimack Engineering
Services, 66 Park Street, Andover, Massachusetts 01810," which plan is recorded
with the Northern Essex Registry of Deeds as Plan No. 12371. Said Parcel A
contains 2.5332 acres more or less according to said plan. Said Parcel B
contains 33.0239 acres more or less according to said plan. Said land is to be
managed and controlled by the North Andover Conservation Commission.
2002 ANNUAL TOWN MEETING MINUTES
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Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 27 as printed in the warrant. Voted
May 28, 2002.
Article 28. Use of Foxwood Bond Funds. To see if the Town will vote to
authorize that portion of Foxwood Development (Summer Street Realty Trust)
bond funds allocated for sewer mitigation funds to be used for improvements to
the subdivisions streets, sidewalks and drainage.
Board of Selectmen
UNANIMOUSLY VOTED that the Town authorize that portion of Foxwood
Development (Summer Street Realty Trust) bond funds in the amount of$42,000
to be allocated for sewer mitigation funds to be used for improvements to the
subdivisions streets, sidewalks and drainage. Voted May 28, 2002
Article 29. Acceptance of Land: English Circle. To see if the Town will
vote to authorize the Selectmen to accept a conveyance of land off Salem Street
and English Circle for no monetary consideration, shown as parcel "x" containing
approximately 1,842 square fee on a plan titled "English Circle in North Andover
Mass" by Merrimack Engineering Services, Andover, Massachusetts, being plan
No. 11878 as recorded in the North Essex Registry of Deeds.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 29 as printed in the warrant.
Article 30. Petition the General Court-Change Boundary Line Between
the Towns of Boxford and North Andover in the vicinity of Bradford Street.
To see if the Town will vote to authorize the Board of Selectmen to petition the
Massachusetts Legislature to change the Town boundary line between the Towns
of Boxford and North Andover in the vicinity of Bradford Street, and to authorize
the Selectmen to define the exact location of the new Town boundary line. The
proposed boundary line being generally as shown on the plan entitled
"Conceptual Plan: Town Boundary Relocation Between the Towns of North
Andover and Boxford Massachusetts" dated February 26, 2002, scale 1"=100"
prepared by Huntress Associates, Inc., a copy of which is on file in the office of
the Town Clerk and to authorize the Board of Selectmen to approve amendments
to the proposed boundary line which are within the scope of the general public
objectives of this petition.
Petition of Thomas D. Zahoruiko and others
2002 ANNUAL TOWN MEETING MINUTES
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VOTED to adopt Article 30 as printed in the warrant. YES — 192 NO-43.
Voted May 28, 2002.
Article 31. Amend Zoning Bylaw— Section 8.7—Growth Management. To
see if the Town will vote to amend Section 8.7.2(c) to change the date of July 1,
2002 to July 1, 2003 in two places to read as follows:
"c) The provisions of this Section 8.7 shall expire on July 1, 2003; however,
by a vote of Town Meeting before said date, the provisions of this Section 8.7
may be extended for an additional four years in order to continue municipal
comprehensive planning studies necessary to promote orderly growth. In the
event such action is taken by Town Meeting prior to July 1, 2003 these provisions
shall not be construed to have lapsed on such date.".
Planning Board
UNANIMOUSLY VOTED to adopt Article 31 as printed in the warrant. Voted
May 28, 2002.
Article 32. Amend Zoning Bylaw Section 9 — Non-Conforming Uses by
Adding New Section and Amending 9.3 `Building After Catastrophe". To
see if the Town will vote to amend Section 9 of the Town of North Andover
Zoning Bylaw as follows:
1) Add New Section 9.3 - Pre-Existing Non-Conforming Single and
Two Family Residential Structures and Uses in the Residential 1, Residential 2,
Residential 3, Residential 4 and Residential 6 Districts as shown below in final
amended form:
2) To delete the words "or otherwise" from the existing Section 9.3,
"Building after Catastrophe". Existing Section 9.3 now reads:
9.3 Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by fire, flood,
lighting, wind or otherwise to the extent of sixty-five percent (65%) or more of its
reproduction cost at the time of such damage shall not be rebuilt, repaired,
reconstructed nor altered except for a purpose permitted in that zoning district in
which such building is located, or except as may be permitted by a Special Permit
or otherwise by the Board of Appeals acting under G.L. Chapter 40A.
3) To renumber the remainder of Section 9 appropriately - Section 9.4 will
now be "Building after Catastrophe" and Section 9.5 will now be
"Abandonment":
2002 ANNUAL TOWN MEETING MINUTES
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The entire bylaw from the newly created Section 9.3 to 9.5 is listed below:
9.3 Pre-Existing Non-conforming Single and Two Family Residential
Structures and Uses in the Residential 1, Residential 2, Residential 3,
Residential 4 and Residential 6 Districts
a. Pre-existing Non-conforming Single and Two Family
Structures: Pre-existing non-conforming single and two family
residential structures in the R1, R2, R3, R4 and R6 Districts, may be
changed, extended or altered, provided that there is a finding by the
Zoning Enforcement Officer (Building Commissioner) that such change,
extension, or alteration shall not render the structure more non-
conforming than the existing structure. Upon such determination, a
building permit may be issued where applicable. The following
circumstances shall be deemed not to increase the nonconforming nature
of said structure:
1. Alteration of a structure which complies with all current yard
setbacks, building coverage, and building height requirements but
is located on a lot with insufficient area, where the structure after
alteration will comply with all of current Bylaw requirements
except for lot area.
2. Alteration to a structure which complies will all current yard
setbacks,
building coverage, and building height requirements but is located
on a lot with insufficient frontage, where the structure after
alteration will comply with all of current Bylaw requirements
except for frontage.
3. Alteration to a structure which encroaches upon one or more
required yard setbacks, where the structure after alteration will
comply with all current bylaw requirements except for yard
setbacks (the provisions of this clause shall apply regardless of
whether the lot complies with current area and frontage
requirements).
4. Alteration of a structure which encroaches upon one or more
required yard setbacks, where the altered part of the structure will
comply with all current yard setbacks, or the alteration is to the
side or face of the structure which encroaches upon a required yard
setback, and the alteration does not further encroach upon the
required yard setback. In either case, the altered structure must
comply with current building coverage and building height
requirements (the provisions of this clause shall apply regardless of
whether the lot complies with current area and frontage
requirements).
2002 ANNUAL TOWN MEETING MINUTES
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5. Alteration to a nonconforming structure which will not increase the
footprint of the existing structure provided that existing height
restrictions shall not be exceeded.
In the event that the Zoning Enforcement Officer (Building
Commissioner) determines that the nonconforming nature of such structure would
be increased by the proposed extension, alteration, or change, the Zoning Board
of Appeals may, by special permit, allow such extension, alteration, or change
where it determines that the proposed modification will not be substantially more
detrimental than the existing nonconforming structure to the neighborhood.
b. Pre-existing Nonconforming Single and Two Family
Structures: No portion of this Section 9.3, Pre-Existing Non-
Conforming Single and Two Family Residential Structures and
Uses in the Residential 1, Residential 2, Residential 3, Residential
4 and Residential 6 Zoning Districts shall be construed to allow for
any uses other than those expressly allowed as defined in each
above listed zoning district of the Zoning Bylaw.
9.4 Building After Catastrophe
Any non-conforming building or structure destroyed or damaged by fire, flood,
lightning or wind to the extent of sixty-five percent (65%) or more of its
reproduction cost at the time of such damage shall not be rebuilt, repaired,
reconstructed nor altered except for a purpose permitted in that zoning district in
which such building is located, or except as may be permitted by a Special Permit or
otherwise by the Board of Appeals acting under Massachusetts General Laws
Chapter 40A.
9.5 Abandonment
If any lawfully non-conforming building or use of a building or land be at
any time discontinued for a period of two years or more, or if such use or building be
changed to one conforming with the North Andover Zoning Bylaw in the district in
which it is located, it shall thereafter continue to conform.
Planning Board
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to
adopt as printed in the warrant with amendment to insert "earthquake" in new
section 9.4 after"lightning". Voted May 28, 2002.
Article 33. Amend Zoning May — Portion of Osgood Street located
Between 1250 Osgood Street (Beiiing Realty Trust) and 1284 Osgood Street
from B1 and 12 to B2. To see if the Town will vote to amend the zoning
designation of Parcels C-1 and C-2 from Business 1 and Industrial 2 to Business 2
2002 ANNUAL TOWN MEETING MINUTES
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a certain parcel of land shown on Plan of Land entitled "Proposed Re-Zoning
Plan, in North Andover, Massachusetts, prepared for Forgetta Development LLC,
1049 Turnpike Street, North Andover, Massachusetts 01845, Marchonda &
Associates, L.P., 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, date
1/30/02 and also shown on Map for Article 29 of the May 13,2000 as Approved
by the Office of the Attorney General Dated 10-12-2000, both plans on file in the
Office of the Town Clerk.
Said parcel is more particularly bounded and described as:
Beginning at a point on the westerly side of Osgood Street then proceeding N
57 042'54" W, 169.34 feet; thence
N14008'15" W, 225 feet; thence
N16 006'20" W, 60.89 feet; thence
N13 047'20 W, 148.65 feet; thence
N14 0W, 333.59 feet; thence
N17037'10 W, 36.90 feet; thence
N13 004'30' W, 49.97 feet; thence
N51 023'24 E, 462.53 feet; thence
S38 036'36" E, 188.80 feet; thence
N86015'15" E, 149.43 feet; thence
S72 016'43" E, 49.01 feet; thence
S77 050'28 E, 200.21 feet, thence
In a Southwesterly direction along the Westerly side of Osgood Street to a point,
762.44 feet; thence
S34 025'24" W, 383.74 feet still along Osgood Street to the point of beginning.
Containing 606,701 square feet.
Petition of William Barrett and others
UNANIMOUSLY VOTED to adopt Article 33 as printed in the warrant. Voted
May 28, 2002.
Article 34. Amending Zoning Map — Assessor Map 25 Parcel 4 (Willow
Street off Route 114) from Residential 6 (R6) to General Business (GB). To
see if the town will vote to amend the Zoning Map of the Town of North Andover
by rezoning the following parcel of land from Residential 6 (R6) to General
Business (GB). Said land is located on Willow Street. Said land is part of parcel
of land shown on Assessor' Map 25, Parcel 4. Said land to be rezoned consists of
approximately 145,508 square feet. Said Map on file in the Office of the Town
Clerk.
Petition of Leonard J. Annaloro and others
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to
adopt Article 34 as printed in the warrant. Voted May 28, 2002.
2002 ANNUAL TOWN MEETING MINUTES
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Article 35. Discontinuance of Public Way — Wood Lane — Assessors Map
46 — Westerly Side of Chickerin2 Road to West End of Farrwood Avenue.
To see if the Town will vote to discontinue as a public way and abandon any and
all rights that the Town of North Andover may have in the unused portion of the
so-called "Wood Lane' as shown on the town of North Andover Assessor's Map
#46 or as it may otherwise exist, which unused portion of Wood Lane has a
distance approximately 1,277 feet, measured due west from the westerly side of
Chickering Road to the western end of Farrwood Avenue.
Petition of Robert Murray and others
UNANIMOUSLY VOTED to adopt Article 35 as printed in the warrant. Voted
May 29, 2002.
Article 36. Acceptance of Keyes Way (off Salem Street) as a Public Way.
To see if the Town will vote to accept as a public way Keyes Way as shown on a
plan entitled, "The Sanctuary a single family subdivision located in North
Andover, Mass.",dated March 31, 1998, and recorded at the Essex North Registry
of Deeds as Plan No. 13,603.
Petition of John J. Willis, Jr. and others
UNANIMOUSLY VOTED to accept as a public way Keyes Way as shown on a
plan entitled, "The Sanctuary a single family subdivision located in North
Andover, Mass.", dated March 31,1998, and recorded at the Essex North Registry
of Deeds as Plan No. 13,603. Voted May 29, 2002.
Article 37. Acceptance of Acushnet Street. To see if the Town will vote to
accept, a certain roadway, known as Acushnet Street, situated in North Andover,
Essex County, MA, as described as follows:
Shown on a Plan of Land in North Andover, Mass. Owned by J&V Realty Trust
Scale 1"40', dated August 1972. Plan filed with the Essex County District
Registry of Deeds, Lawrence, as Plan 6729, dated 11/29/72, Signed by the
planning board of the town of North Andover, Donald Kierstead 11/28/72,
Charles W. Trombly 11/28/72 and William Chepulis 11/28/72 The street is named
as Acushnet Street, a 40' Private Way (N29-04-01W), bound to the South by
Peters Street (public 50'), to the North by Cotuit Street (N76-53-35E). Location
to the East-Brewster Street (S29-04-01E), and running parallel with Turnpike
Street, Route 114. Abutting property on record as owned by the First United
Methodist Church and Michael Driscoll.
2002 ANNUAL TOWN MEETING MINUTES
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Petition of Arlene K. Vasapolli and others
Board of Selectmen Recommendation: Voted Not To Lay Out
MAJORITY VOTE to adopt Article 37 as printed in the warrant. The Board of
Selectmen voted not to lay out this roadway. Voted May 29, 2002.
Article 38. Acceptance of Saile Way (off Great Pond Road). To see if the
Town will vote to accept the following way, "Saile Way" as shown on Plan
#12515 recorded at the Essex North Registry of Deeds. This included ownership
and maintenance of the sewer lift station located within the easement at the end of
the cul de sac of"Saile Way".
Petition of Felicia S. Elias and others
UNANIMOUSLY VOTED to accept as a public way Saile Way as shown on
Plan # 12515 recorded at the Essex North Registry of Deeds and to accept
ownership and maintenance of the sewer lift station located within the easement
as the end of the cul de sac of"Saile Way". Voted May 29, 2002.
The Annual Town Meeting for the Town of North Andover dissolved by
Unanimous Vote at 12:17AM on May 29, 2002.
Respectfully submitted,
Joyce A. Bradshaw, Town Clerk
2002 ANNUAL TOWN MEETING MINUTES
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2002 ANNUAL TOWN MEETING MINUTES
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