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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"; 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. To see if the Town will vote amend the Zoning Bylaw by Revising Section 4.2,
Phased Development, of the Zoning Bylaw so that the Section 4.2 will state:
4.2 Phased Development By-law
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in a strategic,
orderly and planned manner that allows for the preparation and maintenance of high quality municipal
services for an ever-expanding residential population,while at the same time allowing reasonable
residential development during such preparation that does not infringe on the quality of life or
municipal services provided for the residents of the Town of North Andover,in order to provide for
high quality and reliable municipal services such as,but not limited to,fire and police protection,
educational facilities and programs and available clean water resources. This section establishes a
strategic development rate consistent with recent historical average development rates for residential
development in order to ensure that development occurs in an orderly and planned manner as it relates
to the Town's ability to provide high quality and effective services for its citizens and protect its
resources necessary for sustaining the present and future quality of life enjoyed by its citizens.
2. Definitions.
For the purposes of this Bylaw,the following terms shall have the following meaning:
(a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this
provision shall be no earlier than the date on which all required approvals required for a building
permit have been obtained (e.g. Planning Board endorsement of Definitive plan, Board of Health
approval, Conservation Commission approval, etc.)
(b) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust, a
partner in a partnership, or an officer or owner of a corporation, requests one or more building
permits for the construction of new dwelling units.
(c) "Development' shall mean a single parcel or set of contiguous parcels of land held in common
ownership,regardless of form,at any time on or after the date of adoption of this bylaw,for which
one or more building permits are sought.
(d) "First Year" shall be the number of lots eligible for building permits in the first year of the
development, which shall be prorated (based on 1/12th scenario) from the anniversary date to
December 31, Fractions of.5 or greater shall be rounded up to the nearest number and fractions
less than.5 shall be rounded down.
(e) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or its
authorized designee in accordance with this Section,which outlines the maximum building permit
issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new residential dwelling
unit or units shall be issued unless in accordance with the regulations of this section, or unless
specifically exempted in Section 6 below.
(b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not
requiring approval, contiguous Form A lots held in common or related ownership on the effective
date of this by-law, site plan review applications, and special permits, which would result in the
creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single
development for purposes of development scheduling if located either on a single parcel or
contiguous parcels of land that have been in the same ownership at any time on or subsequent to
the date of adoption of this section.
(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is
authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section
4a.
(d) The request for authorization of a Phased Development Schedule shall be made on forms provided
by the Planning Board. Requests will include any and all information necessary to demonstrate
eligibility and compliance with these regulations.
(e) No building permits for new dwelling units shall be issued until the Phased Development
Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the
Phased Development Schedule has been filed with both the Planning and Building Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased
Development Schedule and state the earliest date on which construction may be commenced in
accordance with the provision of this bylaw.
(g) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision
held in common or affiliated ownership, then both subdivisions shall be construed to be a single
subdivision for the purposes of this Bylaw.
(h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the
Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots
shall not render the provisions of this Bylaw void.
(i) Building permits shall be issued in accordance with the Phased Development Schedule. However,
the Planning Board may, without a public hearing and upon written request from the applicant,
permit up to twice the allowed annual maximum permitted for that project under the provisions of
this Bylaw, provided that building permits issued in succeeding years shall be limited to less than
the permitted maximum, if necessary, to insure that the overall number of allowed permits is not
exceeded.
(j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for
administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish
reasonable regulations for carrying out its duties under this section. In particular,these regulations
shall address the conditions and processes for authorizing building permits on an annual basis.
4. Phased Development Schedule
(a) Building permits for new dwelling units shall be authorized only in accordance with the following
Phased Development Schedule:
Maximum
Units for
Number of Units in Minimum Years which Building
Records
Subdivision Development for Development May be Issued
Per Year
1-6 1 All
7-20 2 50% of
total
21-34 3 33% of
total
35-50 4 25% of
total
51-75 5 20% of
total
76-125 6 16.7%
of total
126+ 7 14.3%
of total
No Phased Development Schedule shall exceed seven years.
(b) If as a result of an applicant seeking approval of a second plan of development on a parcel of land
for which authorizations have been previously granted, a second plan is approved, a new Phased
Development Schedule shall be established. The second schedule shall supersede the first Phased
Development Schedule at the time a building permit is issued based on the second plan for any lot
lying wholly or partially within the parcel subject to the new development schedule.
(c) The Planning Board, in approving the second plan, shall determine the number of authorizations
from the first plan that would be abated based on the second plan's approval. This number shall
be used by the Building Inspector in revising the authorization schedules due to abatements.
5. Requirements.
(a) All definitive subdivisions, Form A approvals, special permits, and site plan review applications
shall include a proposed Phased Development Schedule by the applicant.
(b) Phased Development Schedules.
i. Phased Development Schedules shall be determined by the Planning Board at the time of
approval of any such application. Such schedules shall be included as a condition of
approval of the application.
ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules
based solely on approvals granted by the Planning Board.
iii. All Phased Development Schedules with approved authorization shall be recorded with the
application approval decision with the Town Clerk. In order to effectuate the schedule
for the purposes of obtaining building permits, the applicant shall record the approval
decision with the Phased Development Schedule at the Registry of Deeds.
6. Exemptions.
The following developments are specifically exempt from the provisions of this bylaw.
a) An application for a building permit for the enlargement,restoration, or reconstruction of
a dwelling in existence as of the effective date of this by-law, provided that no additional
residential unit is created.
b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals,
and development schedules made and approved prior to the date of adoption of this by-law shall
be exempt from the provisions of this by-law. The Planning Board shall have exclusive authority
to render all decisions on exemption requests.
c) Dwelling units for low and/or moderate income families or individuals, where all of the
following conditions are met:
i. Occupancy of the units is restricted to households qualifying under Local
Initiative Programs and the New England Fund as administered by the
Massachusetts Department of Housing and Community Development.
ii. The affordable units are subject to a properly executed and recorded deed
restriction running with the land that shall limit the succeeding resale price to an
increase of 10 percent, plus any increase in the consumer price index, plus the
cost of any improvements certified by the Building Inspector.
d) Dwelling units for senior residents, where occupancy of the units is restricted to senior
persons through a properly executed and recorded deed restriction running with the land.
For purposes of this Section"senior" shall mean persons over the age of 55.
e) Development projects which voluntarily agree to a minimum 40%permanent reduction
in density, (buildable lots),below the density, (building lots),permitted under zoning and
feasible given the environmental conditions of the tract, with the surplus land equal to at
least ten buildable acres and permanently designated as open space and/or farmland. The
land to be preserved shall be protected from development by an Agricultural Preservation
Restriction, Conservation Restriction, and dedication to the Town, or other similar
mechanism approved by the Planning Board that will ensure its protection.
f) Any tract of land existing and not held by a Developer in common ownership with an
adjacent parcel on the effective date of this Section shall receive a one-time exemption
from the Development Scheduling provisions for the purpose of constructing one single
family dwelling unit on the parcel.
7. Zoning Change Protection
Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the
earliest date on which the final unit in the development could be authorized under this bylaw.
8. Severability
The provisions of this by-law are hereby declared severable and if any provision shall be held invalid
or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the
remaining
ARTICLE K. To see if the Town will vote amend the Zoning Bylaw by Deleting Section 8.7,
Growth Management, of the Zoning Bylaw so that the Section 4.2, Phased Development,
will solely regulate the rate of development:
ARTICLE L. To see if the Town will vote to amend Section 4.137 of the Zoning Bylaw
by updating the Massachusetts State Building Code references from 2102 to Section 3107 in all
locations, updating the NFIP State Coordinator's mailing address, noting that within Zone A
of the Flood Plain District,the Wetlands Protection Act may require the base flood elevation to
be determined by engineering calculations, And adding a New Section 7, Definitions, so that
the entire section will read as follows:
4.137 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 3107, "Flood
Resistant Construction" and any other applicable local, state or federal requirements. The Flood
Plain District includes all special flood hazard areas designated as Zone A,AE,AH,AO,and A99 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.
1. Purpose: The purposes of the Flood Plain District are:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials.
C. Prevent the occurrence of public emergencies resulting from water quality,
contamination,and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or
shut down the utility network and impact regions of the community beyond the site
of flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
2. Base Flood Elevation and Floodway Data
a. Floodway Data. In Zone A, AH, AO, A99, and AE, along watercourses that have
not had a regulatory floodway designated,the best available Federal, State, local or
other floodway data as determined by the Building Inspector, in consultation with
the Division of the Department of Public Works, shall be used to prohibit
encroachments in floodways which would result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
b. Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser,within unnumbered A zones.
C. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps
may be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Division of Public Works, if an accurate topographic and
property line survey of the area conducted by a registered professional engineer or
land surveyor shows that the flood plain contour elevation does not occur in any
area of proposed buildings, structures, improvements, excavation, filling, paving, or
other work activity. The person requesting the determination shall provide any
other information deemed necessary by the Building Inspector of the Division of
Public Works to make that determination. If the Building Inspector, in consultation
with the Division of Public Works, determines that the Flood Insurance Rate Maps
are in error, the subject area shall not be regulated as occurring within the Flood
Plain District, and any such determination shall be noted on the Flood Insurance
Rate Maps. Nothing in this section shall prohibit the Conservation Commission,
Board of Health, or other Town officials or Board from making non-zoning
determinations of the flood plain or performing their official duties.
3. Notification of Watercourse Alteration: If a landowner or project proponent proposes to
alter or relocate any watercourse, that person shall notify the following parties and provide
evidence of such notification to every Town Board or official who has jurisdiction over such
alteration or relocation prior to or at the time of applying for any approval that is required to
perform such alteration or relocation:
a. Adjacent Communities;
b. NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston,MA 02114
C. NFIP Program Specialist
FEMA Region I,Rm. 462
J.W. McCormack Post Office&Courthouse
Boston,MA 02109
4. Existing Regulations: All 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:
a. Section of the Massachusetts State Building Code which addresses floodplain and
costal high hazard areas(currently 780 CMR 3107, "Flood Resistant Construction");
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
C. Inland Wetlands Restriction,DEP(currently 302 CMR 6.00);
d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15,Title 5);
e. 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.
5. Development Regulations: Notwithstanding the provisions of Section 3.13 of this By-law,
within Zone A of the Flood Plain District,the Wetlands Protection Act may require the base
flood elevation to be determined by engineering calculations. Additionally, where the 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, in conjunction with
the Division of Public Works, for its reasonable utilization toward meeting the elevation or
flood-proofing requirements,as appropriate, of the State Building Code.
In the floodway, designated on the Flood Boundary and Floodway Map, the following
provisions shall apply:
a. All encroachments, including fill, new construction, substantial improvements to
existing structures, and other development are prohibited unless certification by a
registered professional engineer 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 and the Building Inspector, in conjunction with the
Director of the Division of Public Works,concurs with such certification.
b. Any encroachment meeting the above standard shall comply with the floodplain
requirements of the State Building Code.
All preliminary and definitive subdivision plans filed in accordance with G.L. Chapter 41,
Section 81S and 81T,respectively shall be designed so that:
a. such proposals minimize flood damage;
b. all public utilities and facilities are located and constructed to minimize or eliminate
flood damage;and
C. adequate drainage is provided to reduce exposure to flood hazards.
6. Permitted Uses
The following uses on low flood damage potential and causing no obstructions to flood
flows are encouraged provided they are permitted in the underlying district and they do not
require structures,fill, or storage of materials or equipment:
a. Agricultural uses such as farming,grazing,truck farming,horticulture, etc.
b. Forestry and nursery uses.
C. Outdoor recreational uses, including fishing,boating,play areas, etc.
d. Conservation of water,plants,wildlife.
e. Wildlife management areas, foot bicycle and/or horse paths.
f. Temporary non-residential structures used in connection with fishing, growing,
harvesting, storage, or sale of crops raised on the premises.
g. Buildings lawfully existing prior to the adoption of these provisions.
7. Definitions:
The following definitions are taken from the NFIP regulations and the Massachusetts State
Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZARD is the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year. The area may be designated as
Zone A, AO, AH, Al-30, AE, A99, V1-30, VE, or V.
BASE FLOOD means the flood having a one percent chance of being equalled or exceeded in
any given year.
COASTAL HIGH HAZARD AREA means the area subject to high velocity waters, including but
not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V,
V1-30, VE.
DEVELOPMENT means any manmade change to improved or unimproved real estate, including
but not limited to building or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
DISTRICT means floodplain district.
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) administers the National Flood
Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for
communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP means an official map of a community issued
by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500 year
floods and the 100-year floodway. (For maps done in 1987 and later,the floodway designation is
included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM) means an official map of a community issued
by FEMA where the boundaries of the flood and related erosion areas having special hazards
have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM) means an official map of a community on which
FEMA has delineated both the areas of special flood hazard and the risk premium zones
applicable to the community.
FLOOD INSURANCE STUDY means an examination, evaluation, and determination of flood
hazards, and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood-related erosion hazards.
FLOODWAY-means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation.
LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage in an area other than a basement area is not considered a building's lowest floor,
PROVIDED that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of NFIP Regulations 60.3.
MANUFACTURED HOME means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured
home" does not include park trailers,travel trailers, and other similar vehicles.
MANUFACTURED HOME PARK OR SUBDIVISION means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION means, for floodplain management purposes, structures for which the
"start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community. For the purpose of determining insurance rates, NEW
CONSTRUCTION means structures for which the "start of construction" commenced on or after
the effective date of an initial FIRM or after December 31, 1974,whichever is later.
ONE-HUNDRED-YEAR FLOOD - see BASE FLOOD.
REGULATORY FLOODWAY- see FLOODWAY
SPECIAL FLOOD HAZARD AREA means an area having special flood and/or flood-related
erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V, V1-
30, VE.
STRUCTURE means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a manufactured
home. STRUCTURE, for insurance coverage purposes, means a walled and roofed building,
other than a gas or liquid storage tank,that is principally above ground and affixed to a permanent
site, as well as a manufactured home on foundation. For the latter purpose, the term includes a
building while in the course of construction, alteration, or repair, but does not include building
materials or supplies intended for use in such construction, alteration, or repair, unless such
materials or supplies are within an enclosed building on the premises.
SUBSTANTIAL IMPROVEMENT means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure either(a)before the
improvement or repair is started, or(b) if the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, "substantial improvement" is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences,whether or not that alteration affects the external dimensions of the structure.
ZONE A means the 100-year floodplain area where the base flood elevation (BFE) has not been
determined. To determine the BFE, use the best available federal, state, local, or other data.
ZONE Al - A30 and ZONE AE means the 100-year floodplain where the base flood elevation
has been determined.
ZONE AH and ZONE AO means the 100-year floodplain with flood depths of 1 to 3 feet.
ZONE A99 means areas to be protected from the 100-year flood by federal flood protection
system under construction. Base flood elevations have not been determined.
ZONES B, C, AND X are areas identified in the community Flood Insurance Study as areas of
moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
ZONE V means a special flood hazard area along a coast subject to inundation by the 100-year
flood with the additional hazards associated with storm waves. Base flood elevations have not
been determined.
ZONE V1-30 and ZONE VE means a special flood hazard area along a coast subject to
inundation by the 100-year flood with additional hazards due to velocity (wave action). Base
flood elevations have been determined.
ARTICLE M. To see if the Town will vote to amend the definition of Adult Motion Picture
in Section 2.21.3 of the Zoning Bylaw by inserting the word "regularly" 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." so that the definitions will state:
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 on _going business of the sexually
oriented business.
or take any other action relative thereto.
ARTICLE N. 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 O. 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 P. 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 Q. Amend Zoning Map — Assessors Map 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 II (two). Said parcels are more particularly
bounded and described as:
Parcel L 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 IL 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 R. Acceptance of Restrictions, Easements and Option to Purchase
Sharpner's 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 S. 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