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Home My WebLink AboutMASTER NOVEMBER 17 2003 DRAFT SPECIAL TOWN MEETING-WARRANT OCTOBER 16, 2003-JAB OF NORTH qti et.lEO is U p 'li °qn°M 0^yq9 9SSNCHUSES DRAFT-OCTOBER 13, 2003(JAB) TOWN OF NORTHANDOVER SPECIAL TOWN MEETING NOVEMBER 17, 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 A. 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 B. 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 C. 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 D. 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 E. 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 F. 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 G. 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. ARTICLE H. 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 or to take any other action relative thereto. ARTICLE I. 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. ARTICLE J. Amend Zoning Bylaw-Sections 2.21.3 - Definition of Adult Motion Picture - 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 K. 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 estate, 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, 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. ARTICLE L. 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 M. 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 N. 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 degrees east, twelve rods: thence by fence and stone wall south sixty-seven degrees east, twenty nine rods to a corner of the wall; thence turning and running northeast as the wall stands still by land of Mary Barker five rods and twenty-one links to a stake by the wall; thence turning and running Northwest in a straight line by land of Haseltine and Day to a stake by the above-named Haverhill road standing five rods and twenty-one 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 taken from the above-described parcels is that portion of the premises taken for the layout of Osgood Street in Book 933, Page 170. (Note: There is no recorded plan—thus the legal description). Petition of Peter Breen and others ARTICLE O. Acceptance of Restrictions, Easements and Option to Purchase Sharpners Pond Road. To see if the Town will vote to authorize the Board of Selectmen to enter into agreements to impose restrictions, grant or receive easements, and grant the Town an option to purchase land as they deem to be in the best interest of the Town in connection with the disposition of that certain parcel of land on Sharpners Pond Road described as follows. A parcel of land located on the north side of Sharpners Pond Road, beginning at a point located 438.03' east of the intersection of Sharpners Road and Route 114, at a point on the north side of Sharpners Pond Road running: Northwesterly 322.14' along two courses to a point at other land of the Town of North Andover, thence Easterly 554.82' along land of the Town of North Andover to a point thence Southeasterly 205.82' along land of the Town of North Andover to a point thence Easterly 121.61' along land of the Town of North Andover to a point thence Southeasterly 106.24' along land of the Town of North Andover to a point thence R=30.00' L47.35' along land of the Town of North Andover, along a curve to the right to a point on the North side of Sharpners Pond Road, thence R=1984.86' L=695.33' along a curve to the left along Sharpners Pond Road to a point, thence Southwesterly 137.86' along the sideline of Sharpners Pond Road to a Point, said point being the point of beginning, Said parcel contains 5.03 acres of land and is shown as Lot A on a "Plan of Land proposed for rezoning in North Andover, MA prepared for North Andover Youth Hockey Association, March 29, 2003, Merrimack Engineering Services, 66 Park Street, Andover, MA 01810" and on file in the office of the Town Clerk; or take any action relative thereto. ARTICLE P. 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 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