Loading...
HomeMy WebLinkAboutNOVEMBER 17, 2003 SPECIAL TOWN MEETING-TOWN CLERK MINUTESTOWN OF NORTH ANDOVER SPECIAL TOWN MEETING MINUTES NOVEMBER 17, 2003 The Special Town Meeting for the Town of North Andover was called to order by Moderator Charles A. Salisbury at 7:13PM. Former Town Clerk Daniel J. Long and Dana Fisher were remembered for all their contributions to the success of Town Meetings. Upon Motion made by Wendy D. Wakeman, Chairman of the Board of Selectmen, and duly seconded it was voted to dispense with the reading of the warrant and the Constable's Return of Service of that Warrant verbatim, but be allowed to refer to articles by number and by subject matter. 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: 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." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:21PM 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. 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. VOTED to amend the Capital Improvement Plan Appropriation as voted under Article 13 of the May 12, 2003 Annual Town Meeting by amending Item 14 "Drainage Improvements" by adding the phrase "Engineering Analysis and Recommendations" to the description. 7:28PM 1 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." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:30PM 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." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:32PM 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." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:33PM 2 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. UNANIMOUSLY VOTED to authorize payment of the following bills of prior years from current year's appropriations: Registry of Deeds $168.00 Assessors 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: 9/10 Vote 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. UNANIMOUSLY VOTED to appropriate $367,236.00 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 $272,015.21 under Chapter 44 of the Massachusetts General Laws. 7:33PM Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: 2/3 Vote 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 3 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: Unfavorable 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." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:33PM 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 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 4 proposed expenditure has been recommended by the Board of Selectmen and the Finance Committee acting separately at separate meetings." VOTE: No vote was taken pursuant to Section 2-8-3 of the Town Charter. 7:34PM 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 Main Motion: I move that the Special Permit Granting Authority, in considering an application for Special Permits for Adult Uses, pursuant to Section 8.8 Adult Use Zone of the Zoning Bylaw Town of North Andover requires that the applicant for such a permit to apply for and receive all other necessary permits and approvals, including but not limited to those required from the Building Inspector(s), Planning Board, Conservation Commission, Board of Health, other public safety agencies within the town and any other agencies or boards that the Special Permit Granting Authority may deem appropriate, before making its decision to issue or deny a Special Permit for Adult Uses. VOTE ON MAIN MOTION: YES 124 NO 146 8:55PM Upon motion made and duly seconded by Mark DiSalvo 1011 Great Pond Road the following amendment was voted: VOTED that it be the sense of this Special Town Meeting: 1) That should legal liability be threatened for Zoning Board of Appeals members, that a future town meeting indemnify them, if their actions are "constitutional", 2) That the Board of Selectmen direct the Town Manager to act in concert with the desires of this Special Town Meeting until such time that a subsequent Town Meeting determine otherwise, and 5 3) That the Board of Selectmen support and take all affirmative actions and efforts that will conclude in North Andover hosting neither a trash transfer station, nor an adult entertainment facility on the property currently in question, And that all actions be carried out so as not to violate the civil rights of others. VOTE ON AMENDMENT: YES 126 NO 116 Vote Required: Majority Vote 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 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 6 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 Glenne 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: Recommendation of Finance Committee: Recommendation of Planning Board: Vote Required: 2/3 Vote Unfavorable Action Unfavorable Action Unfavorable Action UNANIMOUS VOTE TO "TAKE NO ACTION" on Article 11. 9:21PM UPON MOTION OF KEITH A. MITCHELL 188 Salem Street made and duly seconded it was moved to reconsider all previously voted articles. RECONSIDERATION DENIED 9:22PM 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 Vital Records - Affidavit of Correction Filing Delayed Vital Record 7 $8.00 $25.00 $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 D/B/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. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: Majority UNANIMOUSLY VOTED TO ADOPT ARTICLE 12 AS PRINTED IN THE WARRANT. 9:24PM 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. Recommendation of Board of Selectmen: Recommendation of Finance Committee: Vote Required: Majority Favorable Action Favorable Action CLEAR MAJORITY VOTE 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). 9:24PM 8 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 Northeasterly 137.86' Northeasterly 695.33' Southeasterly 48.00' Southwesterly 678.51' Southwesterly 137.86' Northwesterly 48.00' Said parcel contains 39,629 square along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence into the right of way of Sharpners Pond Road to a point, thence 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 along a line within the Sharpners Pond Road right of way to a point, thence 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. feet land area; or take any action relative thereto. Recommendation of Board of Selectmen: Recommendation of Finance Committee: Recommendation of Planning Board: Vote Required: Majority Favorable Action Favorable Action Favorable Action VOTE: UNANIMOUSLY VOTED to adopt Article 14 as printed in the warrant. 9:36PM 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 9 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 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 1" = 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 10 Southeasterly Southwesterly Southwesterly Northwesterly 48.00' into the right of way of Sharpners Pond Road to a point, thence 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 137.86' along a line within the Sharpners Pond Road right of way to a point, thence 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. Recommendation of Board of Selectmen: Recommendation of Finance Committee: Recommendation of Planning Board: Vote Required: 2/3 Vote Favorable Action Favorable Action Favorable Action VOTE: UNANIMOUSLY VOTED to adopt Article 15 as printed in the warrant. 9:36PM 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 Northeasterly Southeasterly Southwesterly Southwesterly Northwesterly 137.86' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence 695.33' along the sideline of Sharpners Pond Road along land of the Town of North Andover to a point of curvature, thence 48.00' into the right of way of Sharpners Pond Road to a point, thence 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 137.86' along a line within the Sharpners Pond Road right of way to a point, thence 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. 11 Said parcel contains 39,629 square feet land area; or take any action relative thereto. Recommendation of Board of Selectmen: Recommendation of Finance Committee: Recommendation of Planning Board: Vote Required: 2/3 Vote Favorable Action Favorable Action Favorable Action VOTE: UNANIMOUSLY VOTED to adopt Article 16 as printed in the warrant. 9:37PM 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 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. Recommendation of Board of Selectmen: Recommendation of Planning Board: Vote Required: 2/3 Vote Favorable Action Favorable Action VOTE: UNANIMOUSLY VOTED to adopt Article 17 as printed in the warrant. 9:39PM 12 UPON MOTION MADE BY MARK CAGGIANO AND DULY SECONDED A VOTE TO RECONSIDER ALL VOTES ON ARTICLES 12 THROUGH 17 WAS DENIED. 9:39PM 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 II (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 II: 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- 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: 2/3 Vote VOTE: UNANIMOUSLY VOTED to adopt Article 18 as printed in the warrant. 9:40PM 13 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: Unfavorable Action Vote Required: 2/3 Vote VOTE: UNANIMOUSLY VOTED to refer Article 19 back to the Planning Board for further study. 9:44PM 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 Substation to the corner of Salem and Foster Street."; or take any other action relative thereto. Recommendation of Board of Selectmen: Recommendation of Finance Committee: Vote Required: Majority Petition of Carl Vissering and others Unfavorable Action Unfavorable Action VOTE: VOTED to amend Chapter 170 Section 3 of the Code of the Town of North Andover by inserting: E. Those portions of the Lincoln Line that cross or are within the public way of the Lincoln Line from Dale Street substation South East to the corner of Salem and Foster, South West beyond Raleigh Tavern Lane and from the Woodchuck Hill substation to the corner of Salem and Foster Streets. YES 64 NO 57 10:15PM 14 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. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Unfavorable Action Vote Required: Majority VOTE: VOTED that the Town authorize the Board of Selectmen to lease, pursuant to the provisions of Massachusetts General Laws, 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 of the lessee (1) 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, and (2) that no additional buildings or structures will be erected on the site by the lessee, excepting any historical restorations; all to be on such terms and conditions as shall be delineated and approved by the Board of Selectmen. VOTE: MAJORITY VOTE TO DEFEAT ARTICLE 21 10:42PM 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 Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action VOTE: UNANIMOUSLY VOTED TO ADOPT Article 22 as printed in the warrant. 11:07 PM 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 15 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 Recommendation of Board of Selectmen: Favorable Action Recommendation of Planning Board: Favorable Action Vote Required: Majority VOTE: UNANIMOUSLY VOTED TO ADOPT Article 23 as printed in the warrant. 11:08 PM 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. Recommendation of Board of Selectmen: Favorable Action Recommendation of Finance Committee: Favorable Action Vote Required: Majority VOTE: UNANIMOUSLY VOTED to adopt Article 24 as printed in the warrant. 11:07 PM UPON MOTION OF WENDY D. WAKEMAN, CHAIRMAN OF THE BOARD OF SELECTMEN, DULY SECONDED A UNANIMOUS VOTE TO DISSOLVE THE SPECIAL TOWN MEETING WAS TAKEN AT 11:09 PM. A TRUE COPY ATTEST: Joyce A. Bradshaw, Town Clerk 16