HomeMy WebLinkAboutFINAL MASTER NOVEMBER 17 2003 SPECIAL TOWN MEETING-WARRANT OCTOBER 27, 2003-JAB OF NORTH qti
et.lEO is U
p
'li °qn°M 0^yq9
9SSNCHUSES
TOWN OF NORTHANDOVER
SPECIAL TOWN MEETING NOVEMBER 171 2003
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
Middle School Auditorium on Monday, November 17, 2003 at 7:00 PM then and there to
act upon the following articles:
ARTICLE 5. Amendments To The General Fund Appropriation For Fiscal Year
2004.
To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2004
as voted under Article 12 of the May 12, 2003 Annual Town Meeting; or take any other
action relative thereto.
ARTICLE 6. Amendments To The Capital Improvement Plan Appropriation
Article For Fiscal Year 2004.
To see if the Town will vote to amend the Capital Improvement Plan Appropriation as voted
under Article 13 of the May 12, 2003 Annual Town Meeting; or to take any other action
relative thereto.
ARTICLE 7. Amendments To The Water Enterprise Fund Appropriation For
Fiscal Year 2004.
To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal
Year 2004 as voted in Article 15 of the May 13, 2003 Annual Town Meeting; or to take any
other action relative thereto.
ARTICLE 8. Amendments To The Sewer Enterprise Fund Appropriation For Fiscal
Year 2004.
To see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal
Year 2004 as voted in Article 16 of the May 13,2003 Annual Town Meeting; or to take any
other action relative thereto.
ARTICLE 9. Amendments To The Stevens Estate At Osgood Hill Enterprise Fund
Appropriation For Fiscal Year 2004.
To see if the Town will vote to amend the Stevens Estate at Osgood Hill Enterprise Fund
Appropriation for Fiscal Year 2004 as voted in Article 17 of the May 13, 2003 Annual
Town Meeting; or to take any other action relative thereto.
ARTICLE 10. 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; or to take any other action relative thereto.
ARTICLE 11. Appropriation of Funds-New Fire Engine. To see if the Town will
vote to appropriate or provide through bonding the additional funds necessary in
combination with the insurance settlement from the damage to Engine 1 from the accident
which occurred on August 25, 2003 for the purchase of a new fire engine; or take any other
action relative thereto.
2
ARTICLE 12. Amend Chapter 101-Fees of the General Bylaws of the Town of
North Andover by Addition of a New Section 3—Town Clerk Fees.
To see if the Town will vote to amend Chapter 101 "Fees" of the Bylaws for the Town of
North Andover by adding a new section 3 "Town Clerk Fees"to read as follows:
ITEM FEE
Vital Records - Certified $8.00
Vital Records - Affidavit of Correction $25.00
Filing Delayed Vital Record $25.00
Recording "Out of Commonwealth" Vital Events $25.00
Genealogy-Written $5.00
Intention of Marriage $40.00
Business Certificate (DB/A)-Issuance $40.00
Change of DB/A- Residence, Discontinuance $15.00
Certificate Practice of Podiatry,Optometry $25.00
Certificate Practice Physician,Osteopath $25.00
Filing Declaration of Trust or Amendment $25.00
Section 22 Chapter 166 Recordings (Poles) $40.00
Flammable Storage Tank Registration (per site) $150.00
Raffles and Bazaars (Non-Profits Only) $50.00
Street Listing Book $25.00
Filing Bond - Blasting Operations - C. 148 §40 $25.00
Filing Bond - Fireworks Storage - C. 148 § 40 $25.00
Entertainment Licenses—7 Day $100.00
Entertainment License— Sunday $ 20.00
A review and adjustment of these fees may be made by the Board of Selectmen whenever
deemed necessary.
or to take any other action relative thereto.
ARTICLE 13. Amend Vote on Article 7 of the December 3, 2001 Special
Town Meeting — Transfer of Unexpended Funds. To see if the Town will vote to
amend the vote on Article 7 taken at the December 3, 2001 Special Town Meeting by
transferring any unexpended funds and transferring said funds into the Assessor's
Outside Professional Services Budget; or to take any other action relative thereto.
3
ARTICLE 10. Amend Zoning Bylaw-Sections 2.21.3 - Definition of Adult Motion
Picture Theater - and Definition of Adult Use — Section 2.21.6. To see if the Town
will vote to amend the definition of Adult Motion Picture in Section 2.21.3 of the Zoning
Bylaw for the Town of North Andover by inserting the word "regularly" after"thereof' and
to amend the definition of Adult Use in Section 2.21.6 of the Zoning Bylaw by adding :
For purposes of interpreting the definitions of"adult use" as defined in this bylaw, "regular
or regularly, shall mean a consistent ongoing and substantial course of conduct, such that the
films, performances, or business activities so described constitute a significant and
substantial portion of the films or performances offered as part of the ongoing business of
the sexually oriented business.
The amended sections will read as follows:
2.21.3 Adult Motion Picture Theater-An enclosed building or any portion thereof
"regularly" used for presenting material (motion picture films, video cassettes, cable
television, slides or any other such visual media) distinguished by an emphasis on
matter depicting, describing, or relating to sexual conduct or sexual excitement as
defined in MGL Ch. 272, Sec. 31.
2.21.6 Adult Use-Adult Bookstores, Adult Cabarets, Adult Motion Picture Theaters, Adult
Paraphernalia Stores, and Adult Video Stores as defined in this Bylaw. For purposes
of interpreting the definitions of"adult use" as defined in this bylaw, "regular or
regularly, shall mean a consistent ongoing and substantial course of conduct, such
that the films, performances, or business activities so described constitute a
significant and substantial portion of the films or performances offered as part of the
ongoing business of the sexually oriented business.
or take any other action relative thereto.
ARTICLE 11. Authorization to Lease Stevens Estate at Osgood Hill. To see if the
Town will vote to authorize the Board of Selectmen to lease, pursuant to the provisions of
Massachusetts General Laws, Chapter 30B, for a period in excess of three (3) years, the
buildings and immediately adjacent lands of the Stevens Estate at Osgood Hill, subject to
the agreement by the lessee to operate, maintain and improve the facility for use as an event
facility, conference center bed and breakfast, and exhibit space for recreational and other
public purposes, all to be on such terms and conditions as shall be delineated and approved
by the Board of Selectmen; or take any other action relative thereto.
4
ARTICLE 12. Street Acceptance— Lyons Way (Off Campbell Road). To see if the
Town will vote to accept as a Public Way, Lyons Way, as shown on a Plan entitled, "Lyons
Way in North Andover, MA prepared for Mesiti Development Corp., 11 Old Boston Rd.
Tewksbury, MA" prepared by Marchionda & Associates, L.P. of Stoneham MA Plan Date
6/24/1998 and recorded as Plan # 13452 at the Essex North District Registry if Deeds; or
take any other action relative thereto.
Petition of Domenic J. Scalise and others
ARTICLE 13. Street Acceptance — Leanne Drive (Off Salem Street). To see if the
Town will vote to accept as a public way Leanne Drive as shown on a plan of Land entitled
"Plan of Land Heritage Estates in North Andover, Prepared for Brookview Country Homes,
Inc., P.O. Box 531, North Andover, MA, Marchionda & Associates, L.P., Engineering and
Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA Dated May 28, 1999
recorded with the Essex North District Registry of Deeds as Plan No. 13687; or take any
other action relative thereto.
Petition of David A. Kindred and others
ARTICLE 14. Amend Zoning May—Assessors May 34 Parcel 25 And Parcel 9
(1449-1451 Osgood Street). To see if the town will vote to amend the zoning designation
of Parcels located at 1449-1451 Osgood Street, and identified as Map 34 Parcel 25 and Map
34 Parcel 9 on the Tax Assessor's Map, from Industrial I (one) to Industrial 11 (two). Said
parcels are more particularly bounded and described as:
Parcel I: The land in North Andover, Essex County, Massachusetts with the buildings
thereon, bounded and described as follows: Beginning at the northwest corner thereof by
land now or formerly of Clinton C. Barker; thence running easterly by land now or formerly
of said Barker to land now or formerly of Jacob Barker; thence southerly by land now or
formerly of Mary E. Mason; thence westerly by land now or formerly of said Mason to
Osgood Street; thence northerly by said street to the point of beginning. Said parcel
containing two and one-half acres of land, more or less.
Parcel 11: A certain parcel of land with the buildings thereon, if any there be, situated in
North Andover Essex County, Massachusetts on the east side of the road leading from North
Andover to Haverhill, and bounded as follows: Beginning at the Southwest Corner of said
road and by land of Mary Barker and running by the fence by land of said Mary Barker
south seventy (70) degrees east, twelve (12) rods: thence by fence and stone wall south
sixty-seven (67) degrees east, twenty nine (29) rods to a corner of the wall; thence turning
and running northeast as the wall stands still by land of Mary Barker five (5) rods and
twenty-one (21) links to a stake by the wall; thence turning and running Northwest in a
5
straight line by land of Haseltine and Day to a stake by the above-named Haverhill road
standing five (5)rods and twenty-one (21) links north from point of commencement; thence
south by the east side of said road to a point of beginning, containing one and one-half
acres, more or less.
Excluded from the above-described parcels is that portion of the premises taken for the
layout of Osgood Street in Book 933, Page 170.
Petition of Peter Breen and others
ARTICLE 15. Amend Zoning Map — Assessors Map 27 Parcels
16,17,18,19,20,21,23,24,25,and 26 - Turnpike Street from Corner of Waverlev Road
opposite Boston Market (768,782,792,802, and 814 Waverlev Road) and Route 114
(21,29,35,41, and 47 Turnpike Street) from Residential 4 (R4) to General Business
(GB). To see if the Town will vote to amend the Zoning Map of the Town of North
Andover to rezone the parcels contained in Assessors Map 27 Parcels
16,17,18,19,20,21,23,24,25, and 26 from Residential 4 (R4) to General Business (GB); or
take any other action relative thereto.
Petition of Hector L. Rivera and others
6
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 fourteen (14) days before the time of said meeting.
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town
at the time and place of said meeting. Given under our hands this Twentieth Day of
October in the Year Two Thousand Three.
NORTH ANDOVER BOARD OF SELECTMEN
Wendy D. Wakeman, Chairman
Mark J.T. Caggiano
Rosemary Connelly Smedile
Donald B. Stewart
James M. Xenakis
North Andover, Massachusetts
Joyce A. Bradshaw, Town Clerk
Attest:A True Copy
Constable - Date