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HomeMy WebLinkAboutNov 17, 2003 warrant plus motions,11-14-03 OF NORTH qti et.lEO is U p 0^yq9 9SSNCHUSES TOWN OF NORTHANDOVER SPECIAL TOWN MEETING NOVEMBER 171, 2003 Motions (DRAFT 11-14-03) ARTICLE 1. 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. Recommendation of Board of Selectmen: To be made at Town Meeting Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." ARTICLE 2. 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. Motion: Move to amend the Capital Improvement Plan Appropriation as voted under article 13 of the May 12, 2003 Annual Town Meeting as follows: Item 6 "Replace Ladder One"; Increase the amount authorized to be borrowed using Bonds/Notes-General' from $273,000 to $ 1 Item 14 "Drainage Improvements" add the phrase "Engineering Analysis and Recommendations"to the description. Recommendation of Board of Selectmen: To be made at Town Meeting Recommendation of Finance Committee: Favorable Action assuming the amount authorized for the purchase of the Fire Truck does not exceed $293,900. Vote Required:2/3 rds Motion Presenter: Finance Committee Motion Explainer: Finance Committee Explanation: Bids were opened for a new fire truck that indicated a net cost after trade in of $20,900 higher then budgeted. The Fire Department is currently re-bidding the truck with a revised set of specifications. The new bids will we be opened on November 17,2003 at 3:00 p.m. at which time a final recommendation will be forthcoming. Explanations provided in the Capital budget document and the Finance Committee report indicated that this $100,000 appropriation would be used for construction of drainage improvement projects. However, before significant construction can start, further engineering analysis and construction estimates must be completed. ARTICLE 3. 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. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." 2 ARTICLE 4. 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 there Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." ARTICLE 5. 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. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." ARTICLE 6. 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. Motion: Move to authorize payment of the following bills of prior years from current years appropriations: Registry of Deeds $168.00 Assessors 3 Registry of Deeds $167.00 Assessors Registry of Deeds $167.00 Assessors Registry of Deeds $167.00 Assessors Tri Mark United East $196.00 Stevens Estate Broadview Network $251.00 Stevens Estate Standard&Poors $7,500.00 Treasurer Municipal Management Associates $3,008.00 Treasurer Explanation: State Law requires Town Meeting approval for any bills received after close of the fiscal year. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: 9/10ths Motion Presenter: Finance Committee Motion Explainer: Mark Rees ARTICLE 7. 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. Motion: Move to appropriate $ for the purchase of a fire truck and to meet said appropriation $95,220.79 be transferred from insurance reimbursement accounts, and that the Treasurer, with the approval of the Board of Selectmen, be authorized to borrow $ under Chapter 44 of the Massachusetts General Laws. Explanation: The article would authorize the acquisition of a new fire truck to replace a fire truck destroyed in a roll over accident on August 27, 2003 using insurance settlement funds, money remaining in another account and borrowing. In the initial bid opening, the low bid for the replacement truck was $361,936 making a net borrowing cost of $266,936 after insurance. The truck is currently being re-bid with an opening date of November 17, 2003. Recommendation of Board of Selectmen: To be made at Town Meeting Recommendation of Finance Committee: To be made at Town Meeting Vote Required: 2/3rds 4 Motion Presenter: Finance Committee Motion Explainer: Chief Dolan ARTICLE 8. Appropriation of Funds: Special Commission to Study Adult Entertainment Facility. To see if the Town will vote to appropriate from available funds or transfer the sum of FIFTY THOUSAND DOLLARS ($50,000) to be expended under the direction of a special commission composed OF THE FOLLOWING North Andover residents John W. Graham (former Selectman), James P. Gordon (former Town Manager), Paul A. Hedstrom (Attorney and former Planning Board Member), William Hanson and Robert Ercolini (CPA and former Selectman) for the purpose of hiring experts in law, finance, security and other relevant professions to (1) review all submissions made by or on behalf of the Thomsons and/or their related or affiliated entities to the North Andover Zoning Board of Appeals (BOARD) in connection with their request for a special permit to operate an adult entertainment facility on Holt Road in North Andover and to (2) review any and all other aspects of the proposed facility and/or its proposed operations for the purpose of providing to the BOARD relevant information to assist it in making its determination on the application for the special permit requested; or to take any other action relative thereto. Petition of Robert Ercolini and others Recommendation of Board of Selectmen: To be made at Town Meeting Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." ARTICLE 9. Appropriation of Funds: Appeal or Defense of Adult Entertainment Facility Zoning Board of Appeals Decision. To see if the Town will vote to appropriate from available funds or transfer the sum of FIFTY THOUSAND DOLLARS ($50,000) to be expended under the direction of a special commission composed of the following North Andover residents John W. Graham (former Selectman), James P. Gordon, (former Town Manager), Paul A. Hedstrom (Attorney and former Planning Board Member), William Hanson and Robert Ercolini (CPA and former Selectman) for the purpose of hiring experts in law, finance, security and other relevant professions to either (1) assist the Town of North Andover or the Zoning Board of Appeals in the defense of any decision it may make to deny a special permit requested by the Thomsons and/or their related or affiliated entities to the North Andover Zoning Board of Appeals (BOARD) in connection with their request for a special permit to operate an adult 5 entertainment facility on Holt Road in North Andover or to (2) to appeal, to the full extent that the law allows, any decision by the BOARD that grants a special permit to the Thomsons and/or their related entities to operate an adult entertainment facility on Holt Road in North Andover; or to take any other action relative thereto. Petition of Robert Ercolini and others Recommendation of Board of Selectmen: Not Recommended Recommendation of Finance Committee: Not Recommended Pursuant to Section 2-8-3 of the Town Charter, "No article calling for the appropriation of funds shall be considered at a special town meeting unless the proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." ARTICLE 10. Request That Zoning Board of Appeals Continue Its Hearing On Adult Entertainment Facility. To see if Town Meeting will vote to request that the North Andover Zoning Board of Appeals keep open its Public Hearing on the special permit request made by the Thomsons and/or their related or affiliate entities to the North Andover Zoning Board of Appeals (BOARD) in connection with their request for a special permit to operate an adult entertainment facility on Holt Road in North Andover until such time as a commission appointed by TOWN MEETING can (1) review all submissions made by or on behalf of the Thomsons and/or their related or affiliate entities to the North Andover Zoning Board of Appeals (BOARD) in connection with their request for a special permit to operate an adult entertainment facility on Holt Road in North Andover and to (2) review any and all other aspects of the proposed facility and/or its proposed operations for the purpose of providing to the BOARD relevant information to assist it in making its determination on the application for the special permit requested; or to take any other action relative thereto. Petition of Robert Ercolini and others Recommendation of Board of Selectmen: Unfavorable Action Vote Required: Majority ARTICLE 11. Authorization to Acquire Land on Holt Road. To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, lease, gift, grant eminent domain, or otherwise three parcels of land and buildings(s) thereon, if any, that are owned by the Thomsons and/or their related or affiliated entities including 210 Holt 6 Road in North Andover, all of which is in particular bounded and described on the attached pages: Exhibit "A" Three certain parcels of land in North Andover, Massachusetts, Parcel 1 A certain parcel of land on the southerly side of Holt Road, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot 2 on a plan entitled "Revised Plan of Western Industrial Park", North Andover, Mass, prepared for Noren Realty, Inc." Scale 1"=100'dated July 11, 1984, drawn by Robert G. Goodwin, R.L.S., which plan is recorded as Plan #9572. Said Lot 2 is more particularly bounded and described as follows: Northerly by the southerly sideline of Holt Road, two hundred forty and no/100 (240.00)feet; Easterly by Lot 1 as shown on said plan three hundred thirteen and 73/100 (313.73) feet; Southerly by a stone wall by land of the City of Lawrence Airport Commission in two lines there measuring one hundred thirty-three and 72/100 (133.72) feet and one hundred fourteen and 50/100 (114.50)feet respectively; and Westerly by Lot 3 as shown on said plan three hundred thirty—seven and 36/100 (337.36)feet. Containing 1.92 acres, more or less as shown on said plan. Being the same premises conveyed to the grantor herein by deed of Joseph T. Cristaldi recorded prior hereto with the Essex North District Registry of Deeds at Book 1900, Page 98. Parcel 2 A certain parcel of land on the southerly side of Holt Road, North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot 3 on a plan entitled "Revised Plan of Western Industrial Park", North Andover, Mass. Prepared for Noren Realty, Inc.", Scale 1"=100', dated July 11, 1984, drawn by Robert G. Goodwin, R.L.S., particularly bounded and described as follows: Northerly by the southerly sideline of Holt Road, two hundred sixty and no/100 (260.00) feet; Southerly by a stone wall be land of the City of Lawrence Airport Commission in two lines there measuring one hundred thirty-five and 00/100 (135.00)feet and ninety-five and 97/100 (95/97)feet; Easterly again by a stone wall by land of said airport Commission fourteen and 62/100 (14.62) feet Southerly again by land now or formerly of Glennie, thirty and 0/10 (30.0)feet; and Westerly by Lot 4 as shown on said plan three hundred twenty-eight and 24/100 (328.24)feet. Containing 1.92 acres, more or less as shown on said plan. Being the same premises conveyed to the grantor herein by deed of Noren Realty, Inc., dated November 1, 1984 and recorded with the Essex North District Registry of Deeds at Book 1906, Page 94. Parcel 3 A certain parcel of land on the southerly side of Holt Road , North Andover, Essex County, Commonwealth of Massachusetts, being shown as Lot 4 on a plan entitled "Revised Plan of Western Industrial Park", North Andover, Mass. Prepared for Noren Realty, Inc." Scale 1"=100' dated July 11, 1984, drawn by Robert G. Goodwin, R.L.S., which plan is recorded as Plan#9572. Said Lot 4 is more particularly bounded and described as follows: Northerly by the southerly sideline of Holt Road, two hundred fifty and 00/100 (250.00)feet; Easterly by Lot 3 as shown on said plan three hundred twenty-eight and 24/100 (328.24)feet; Southerly by land now or formerly of Glennie two hundred fifty-three and 60/100 (253.60)feet; Westerly by land now or formerly of Rogers, three hundred sixty and 30/100 (360.30)feet. Containing 1.93 acres, more or less as shown on said plan. Being the same premises conveyed to the grantor herein by deed of Noren Realty, Inc., date November 1, 1984 and recorded with the Essex North District Registry of Deeds at Book 1906, Page 94. Petition of Robert Ercolini and others Recommendation of Board of Selectmen: Unfavorable Action Recommendation of Finance Committee: Unfavorable Action Recommendation of Planning Board: To be made at Town Meeting Vote Required: 2/3rds 8 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. Motion: Move to adopt Article 12 as written in the warrant Explanation: The Massachusetts Association of Town Clerks has recommended that municipalities, in the absence of other statutory authority, have town meeting approve fees charged by the Town Clerk's office. This article would also authorize the Board of Selectmen to make future adjustments to these fees as is currently the case with other fees such as building inspection charges. Recommendation of Board of Selectmen: Favorable Action 9 Recommendation of Finance Committee: Favorable Action Vote Required: Majority Motion Presenter: Finance Committee Motion Explainer: Joyce Bradshaw 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. Motion: Move to transfer the unexpended balance of$89,080 from Article 7 of the December 3, 2001 Special Town meeting to General Government Expenditures (Board of Assessors-Outside Professional Services). Explanation: When Article 7 of the December 3, 2001 town meeting was approved, its purpose was to provide funding for the defense of a large tax appeal before the State's appellate tax board. That matter has since been resolved with out the town incurring all of the costs authorized by this article. The Board of Assessors are requesting that this money be transferred to their operating budget to provide for expert outside consultants to assist them in the tri-annual re-valuation currently being undertaken by the department. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: To be made at Town Meeting Vote Required: Majority Motion Presenter: Finance Committee Motion Explainer: Mark Rees Article 14. Discontinuance of a Portion of Sharpners Pond Road as a Public Way. To see if the Town will vote to discontinue that certain portion of Sharpners Pond Road shown as Parcel X on Plan of Land entitled "Plan of Land in North Andover, MA prepared for Town of North Andover Department of Public Works, October 24, 2003 scale 1" = 50' by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810", which portion to be discontinued is bounded and described as follows: Beginning at the northwesterly corner at a point on a stone wall at land of the Town of North Andover at a point 46.36' southeasterly from a drill hole in a stone wall, said point being on the sideline of Sharpners Pond Road, running 10 Northeasterly 137.86' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence Northeasterly 695.33' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence Southeasterly 48.00' into the right of way of Sharpners Pond Road to a point, thence Southwesterly 678.51' along a curve to the left of radius of 1936.86' along a line within the Sharpners Pond Road right of way to a point of curvature, thence Southwesterly 137.86' along a line within the Sharpners Pond Road right of way to a point, thence Northwesterly 48.00 along a line within the Sharpners Pond Road right of way to a point on a stone wall said point being the point of beginning. Said parcel contains 39,629 square feet land area. or take any action relative thereto. Motion: Move to adopt Article 14 as printed in the warrant. Explanation: At the May, 2002 Annual Town Meeting, approval was granted to allow the Board of Selectmen to sell a parcel of land at the Sharpners Pond Recreation Area for the purpose of allowing a private developer to construct an ice rink facility. The developer would be required to provide preferential treatment for town organizations that use ice facilities in addition to paying real estate taxes on the property. A review of the parcel indicated that the wetlands were more extensive then originally thought and that waivers to allow for construction in buffer areas would be necessary from the Conservation Commission in order to construct the facility. To mitigate the need for waivers, this article seeks to expand the parcel contemplated to be sold so as to allow the ice rink to be constructed further from the wetlands. This additional piece of land is part of the Sharpners Pond Right of Way. Since the Sharpners Pond Right of Way is currently 150 feet wide and a standard right of way for a two-lane highway is 40 to 50 feet, the discontinuance will not negatively impact the roadway. It is anticipated that even with the larger parcel, approvals and/or permits from the Conservation Commission, Planning Board and Zoning Board of Appeals will still be necessary for this project to move forward. Recommendation of Board of Selectmen: Favorable Action 11 Recommendation of Finance Committee: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: Majority Motion Presenter: Board of Selectmen Motion Explainer: Mark Rees Article 15. Amendment to Warrant Article Authorizing the Town to Sell Land For Ice Rink Facility Located on Sharpners Pond Road To see if the Town will vote to amend the Authorization to Sell Land for Ice Rink Facility Located on Sharpners Pond Road as voted under Article 32 of the May 12, 2003 Annual Town Meeting to authorize the Board of Selectmen to sell through the land disposition process prescribed in Massachusetts General Laws Chapter 30B §16 and to enter into agreements to sell, to impose restrictions, grant or receive easements, and grant the town options to purchase land on terms and conditions deemed by the Board of Selectmen to be in the best interest of the Town including use of the property as an ice rink facility, that certain parcel of land described in Article 32 of the May 12, 2003 Annual Town Meeting 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 12 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; and that certain parcel of land shown as Parcel X on Plan entitled "Plan of Land in North Andover, MA prepared for Town of North Andover Department of Public works, October 24, 2003 scale F = 50' by Merrimack Engineering Services, 66 Park Street, Andover, MA 01810" and described as follows: Beginning at the southwesterly corner at a point on a stone wall at land of the Town of North Andover at a point 46.36' southeasterly from a drill hole in a stone wall, said point being on the sideline of Sharpners Pond Road, running Northeasterly 137.86' along the sideline of Sharpners Pond Road along and of the Town of North Andover to a point of curvature, thence Northeasterly 695.33' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence Southeasterly 48.00' into the right of way of Sharpners Pond Road to a point, thence Southwesterly 678.51' along a curve to the left of radius of 1936.86' along a line within the Sharpners Pond right of way to a point of Curvature, thence Southwesterly 137.86'along a line within the Sharpners Pond Road right of way to a point, thence Northwesterly 48.00 along a line within the Sharpners Pond Road right of way to a point on a stonewall said point being the point of beginning. Said parcel contains 39,629 square feet land area. or take any action relative thereto. 13 Motion: Move to adopt Article 15 as printed in the warrant. Explanation: In addition to town meeting approving the discontinuance of a portion of the Sharpners Pond Right of Way, approval is sought to add this additional parcel of land to the originally approved land and to authorize the Selectmen to sell this land as well. In addition, this article would allow the Board of Selectmen to enter into a land disposition agreement with the selected developer that would allow the town to re-acquire the land under certain default circumstances. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: 2/3rds Motion Presenter: Board of Selectmen Motion Explainer: Mark Rees Article 16. Amend Zoning Map— Sharpners Pond Road— Off Route 114—Future Ice Rink Facility. To see if the Town will vote to amend the North Andover Zoning Map by rezoning the following parcel of land from Industrial 3 (I3) Zoning District and establishing the same as an Industrial 1 (I1) Zoning District: Beginning at the northwesterly corner at a point on a stone wall at land of the Town of North Andover at a point 46.36' southeasterly from a drill hole in a stone wall, said point being on the sideline of Sharpners Pond Road, running Northeasterly 137.86' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence Northeasterly 695.33' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence Southeasterly 48.00' into the right of way of Sharpners Pond Road to a point, thence Southwesterly 678.51' along a curve to the left of radius of 1936.86' along a line within the Sharpners Pond right of way to a point of curvature, thence Southwesterly 137.86' along a line within the Sharpners Pond Road right of way to a point, thence 14 Northwesterly 48.00 along a line within the Sharpners Pond Road right of way to a point on a stonewall said point being the point of beginning. Said parcel contains 39,629 square feet land area. or take any action relative thereto. Motion: Move to adopt Article 16 as printed in the warrant. Explanation: The last action the Town Meeting is requested to approve is rezoning the additional parcel from Industrial-3 (I-3)to Industrial-1 (I-1)to make the zoning consistent with the original parcel of land. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Recommendation of Planning Board: To be made at Town Meeting Vote Required: 2/3rds Motion Presenter: Board of Selectmen Motion Explainer: Mark Rees ARTICLE 17. 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 15 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. Motion: Move to adopt Article 17 as printed in the warrant. Explanation: Without inclusion of the word "Regularly" and its accompanying definition in the this portion of the zoning by-law dealing adult motion picture theaters, the original language could be construed to cover a building that is used even one time for presenting a sexually explicit film. Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: 2/3rds Motion Presenter: Planning Board Motion Explainer: Thomas Urbelis, Esq. ARTICLE 18. 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 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 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- 16 one (21) 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 (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 Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: 2/3rds ARTICLE 19. Amend Zoning Map —Assessors Map 27 Parcels 16 Through 26, In the Vicinity of Turnpike Street Across from Boston Market. 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 Recommendation of Board of Selectmen: No Recommendation Recommendation of Planning Board: To be made at Town Meeting Vote Required: 2/3rds ARTICLE 20. Amend General Bylaws Chapter 170 Underground Utilities for the Removal of the Lincoln Line Overhead Facility. To see if the Town will vote to authorize an Electric Surcharge similar to the Old Town Center and Down Town area. Significant savings would be realized today that will not be available in the future. The cost of Massachusetts Electric's planned overhaul, reuse and upgrade replacing over half of the poles and addition of a circuit along the 3+ mile route would be deducible from the total expense. Conversion to an underground facility would be more in keeping with the surrounding neighborhoods and provide a safer environment for the public. Amend Chapter 170, Section 3 with paragraph(E): "E. The Lincoln Line from Dale St. substation South East to the corner of Salem and Foster, South West beyond Raleigh Tavern Lane and from the Woodchuck Hill 17 Substation to the corner of Salem and Foster Street."; or take any other action relative thereto. Petition of Carl Vissering and others Recommendation of Board of Selectmen: Unfavorable Action Recommendation of Finance Committee: Unfavorable Action Vote Required: Majority ARTICLE 21. 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. Motion: Explanation: The Board of Selectmen is requesting authorization to lease the Stevens Estate to a private entity, either for profit or not for profit, to operate, maintain and improve the facility. A request for proposals (RFP) will be drafted seeking interested parties to submit proposals to the Town for review and consideration. The RFP will contain provisions providing for: Continuous public access to grounds surrounding the facility. Access to the facility for public events Rental income to flow to the town's general fund Maintenance standards Capital improvements to facility Upon analysis of the proposals, the Board of Selectmen, with the advise of Stevens Estate Board of Trustees, will decide whether privatizing the operation of the facility or maintaining the current governmental management structure is in the best interest of the community. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: Majority Motion Presenter: Board of Selectmen Motion Explainer: Mark Rees 18 ARTICLE 22. 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 Motion: Move the adopt Article 22 as written in the warrant. Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: Majority Motion Presenter: Board of Selectmen Motion Explainer: Bill Hmurciak ARTICLE 23. 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 Motion: Move the adopt Article 23 as written in the warrant. Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: Majority Motion Presenter: Board of Selectmen Motion Explainer: Bill Hmurciak 19 ARTICLE 24. Use of Cable Company License Fee Payments for Cable Television License Renewal Costs. To see if the Town will authorize the use of cable company license fee payments, not to exceed $10,000.00 (Ten Thousand Dollars), for payment of costs of the Town in its cable television license renewal proceedings, and that the Selectmen as statutory cable television licensing authority may direct said payment for reasonable cable television license renewal costs; or take any other action relative thereto. Motion: Move to adopt Article 24 as printed in the warrant. Explanation: The Board of Selectmen, through its Cable Advisory Committee, is currently negotiating with the local cable television provider, an extension of the current franchise agreement scheduled to expire in February 2004. To assist the Town in this process the town has engaged the services of an attorney who specializes in cable television renewals. Approval of this article will provide for payment of these services by the television cable company from cable franchise fees. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: Majority Motion Presenter: Finance Committee Motion Explainer: Mark Rees 20