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Town of North Andover
Annual Town Warrant
May 10, 2004
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 newly built North Andover High School on Monday
May 10, 2004, at 7:00 PM then and there to act upon the following articles:
1
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 1. Reports of Receipts, Expenditures and Special Committees. To see if the Town will
vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2003 Annual
Town Report and to hear the reports of any special appointed committees.
Board of Selectmen
ARTICLE 1. REPORTS OF RECEIPTS, EXPENDITURES AND SPECIAL COMMITTEES.
MOTION: MOVE TO ACCEPT THE 2003 ANNUAL TOWN REPORT AS THE REPORT
OF RECEIPTS AND EXPENDITURES.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: WENDY D. WAKEMAN, CHAIRMAN
PRESENTATION FORMAT: VERBAL
NOTES: THE ANNUAL TOWN REPORT HAS BEEN AVAILABLE ON THE WEB SITE.
THERE ARE NO REPORTS OF SPECIAL COMMITTEES.
***MAJORITY VOTE REQUIRED*
VOTE: UNANIMOUS DATE: 5-10-2004 TIME: 7:20PM
AMENDMENTS:
2
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 2. Consent Articles. To see if the Town will vote the following consent articles or to take
any other action related thereto:
A. Authorization of the Town Manager or Superintendent of Schools Regarding
Contracts in Excess of Three Year. In accordance with the provisions of Massachusetts General
Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to
solicit and award contracts for terms exceeding three years, including any renewal, extension or option,
provided in each instance the longer term is determined to be in the best interest of the Town by vote of
the Board of Selectmen or the School Committee, as appropriate; or to take any other action relative
thereto.
B. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen
and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility
purposes on terms and conditions the Board and Committee deem in the best interest of the town; or to
take any other action relative thereto.
C. Authorization to Grant Easements. To authorize the Board of Selectmen and the
School Committee to grant easements for water, drainage, sewer, roadway and utility
purposes on terms and conditions the Board and Committee deem in the best interest of
the Town; or to take any other action relative thereto.
Board of Selectmen
3
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 2. CONSENT ARTICLES.
MOTION: MOVE TO ADOPT ARTICLE 2 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: WENDY D. WAKEMAN, CHAIRMAN
PRESENTATION FORMAT: VERBAL
NOTES: THESE ARE RECURRING ARTICLES AS RECOMMENDED BY TOWN
COUNSEL. TOM URBELIS WILL EXPLAIN IF NECESSARY.
***MAJORITY VOTE REQUIRED*
VOTE: UNANIMOUS DATE: 5-1-2004 TIME: 7:20 PM
AMENDMENTS:
4
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 3. Amend 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
2003 Annual Town Meeting; or to take any other action relative thereto.
Article 3: Amend General Fund Appropriation for Fiscal Year 2004
MOTION: Move to Amend Article 12 of the 2003 Annual Town Meeting, General Fund
Appropriation, Fiscal Year 2004, as follows:
Amount
Line Item Being Amended Under Article 12 Voted Revised
Under Changes Total
Article 12
General Government— Personnel Services 2,412,135 90,470 2,502,605
General Government— Expenses 1,199,317 62,200 1,261,517
Finance Committee Reserve Fund 200,000 -169,960 30,040
Salary Reserve 75,000 -75,000 0
Public Safety— Personnel 6,472,389 45,047 6,517,436
Public Safety— Expenses 2,733,061 5,100 2,738,161
Public Works — Personnel 1,106,913 8,838 1,115,751
Public Works — Expenses 2,733,061 196,767 2,929,828
School Salary & Expense 29,923,053 250,000 30,173,053
Fixed Expenses— Debt Service Principal 5,364,825 12,810 5,377,635
Fixed Expenses - Debt Service Long Term 2,495,044 94,147 2,589,191
Interest
Fixed Expenses— Debt Service Short Term 733,564 -175,419 558,145
Interest
Fixed Expenses— Unemployment 400,000 -225,000 175,000
Fixed Expenses—Worker Compensation 245,000 -20,000 225,000
Total 56,093,362 100,000 56,193,362
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 3. AMEND GENERAL FUND APPROPRIATION FOR FISCAL YEAR 2004.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES: HANDOUT SHEET CONTAINS MOTION. SEE ABOVE
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
6
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 4. Amend Capital Improvement 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
13 of the 2003 Annual Town Meeting and amended under Article 2 of the November 17, 2003 Special
Town Meeting; or to take any other action relative thereto.
ARTICLE 4. AMEND CAPITAL IMPROVEMENT APPROPRIATION FOR FISCAL YEAR
2004.
MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 4".
RECOMMENDATIONS:
BOARD OF SELECTMEN: NOT APPLICABLE
FINANCE COMMITTEE: NOT APPLICABLE
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
7
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 5. Amend 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 2003 Annual Town Meeting; or take any other action relative thereto; or take any other
action relative thereto.
ARTICLE 5. AMEND WATER ENTERPRISE FUND APPROPRIATION FOR FISCAL
YEAR 2004.
MOTION: Article 5: Amend Water Enterprise Fund Appropriation for Fiscal Year 2004
Motion: MOVE TO AMEND ARTICLE 15 OF THE MAY 10, 2003 ANNUAL TOWN
MEETING, WATER ENTERPRISE APPROPRIATION — FISCAL YEAR 2004, BY
CHANGING THE TOTAL APPROPRIATED FROM $4,765,719 TO $4,664,697 BY
CHANGING THE AMOUNT OF RETAINED EARNINGS TO BE TRANSFERRED FROM
$250,000 TO $739,697 AND THE AMOUNT TO BE RAISED FROM WATER RECEIPTS BE
CHANGED FROM $4,515,719 TO $3,925,000.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
8
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 6. Amend 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 2003 Annual Town Meeting; or take any other action relative thereto; or to take any
other action relative thereto.
ARTICLE 6. AMEND SEWER ENTERPRISE FUND APPROPRIATION FOR FISCAL
YEAR 2004.
MOTION: MOVE TO AMEND ARTICLE 16 OF THE MAY 10, 2003 ANNUAL TOWN
MEETING, SEWER ENTERPRISE FUND APPROPRIATION — FISCAL YEAR 2004 BY
CHANGING THE TOTAL APPROPRIATED FROM $3,918,424 TO $3,408,290 BY CHANGING
THE AMOUNT TO BE RAISED FROM SEWER ENTERPRISE FUND RECEIPTS FROM
$3,818,424 TO $3,160,000 AND CHANGING THE AMOUNT OF RETAINED EARNINGS TO
BE TRANSFERRED FROM $100,000 TO $248,290.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
9
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal
Year 2004. To see if the Town will vote to amend the Steven's Estate at Osgood Hill Enterprise Fund
Appropriation for Fiscal Year 2004 as voted in Article 17 of the 2003 Annual Town Meeting; or take
any other action relative thereto.
ARTICLE 7. AMEND STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND
APPROPRIATION FOR FISCAL YEAR 2004.
MOTION: MOVE TO AMEND ARTICLE 17 OF THE MAY 10, 2003 ANNUAL TOWN
MEETING, STEVENS ESTATE ENTERPRISE FUND APPROPRIATION FISCAL YEAR 2004
BY CHANGING THE TOTAL APPROPRIATED FROM $743,577 TO $487,225, BY
CHANGING THE AMOUNT TO BE RAISED FROM STEVENS ESTATE ENTERPRISE
FUND RECEIPTS FROM $678,900 TO $420,000 AND CHANGING THE AMOUNT OF
RETAINED EARNINGS TO BE TRANSFERRED FROM $64,677 TO $67,225.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
10
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
11
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 8. Prior Years 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 8. PRIOR YEARS UNPAID BILLS.
MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 8".
RECOMMENDATIONS:
BOARD OF SELECTMEN: NOT APPLICABLE
FINANCE COMMITTEE: NOT APPLICABLE
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
NOTES: NO UNPAID BILLS
PRESENTATION FORMAT:
***4/5 (FOUR-FIFTHS) VOTE REQUIRED... IF BILLS
***MAJORITY VOTE TO `TAKE NO ACTION""
*
VOTE: DATE: TIME:
AMENDMENTS:
12
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 9. Compensation of Elected Officials. To see if the Town will vote to fix the salary and
compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the
Massachusetts General Laws as follows:
Board of Selectmen/Licensing Commissioners, per person, per annum $2,000
Chairman of Board of Selectmen, per annum, in addition 300
School Committee, per person, per annum 2,000
Chairman, School Committee, per annum, in addition 300
Moderator, For Annual Town Meeting 100
For each Special Town Meeting 50
or to take any other action relative thereto.
ARTICLE 9. COMPENSATION OF ELECTED OFFICIALS.
MOTION: MOVE TO ADOPT ARTICLE 9 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
13
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 10. General Fund Appropriation Fiscal Year 2005. 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 funding the General Fund for the Fiscal Year beginning July 1, 2004 and ending June 30,
2005; or to take any other action relative thereto.
Article 10. General Fund Appropriation Fiscal Year 2005.
Move to raise and appropriate funds for Fiscal Year 2005 General Fund as follows:
General Government $2,324,697
Public Safety $7,740,228
School Department $30,358,718
Greater Lawrence Technical School $101,837
School Building Committee $26,941
Public Works $3,982,276
Health and Human Services $707,523
Culture and Recreation $674,349
Debt Service $8,757,410
Employee Benefits $8,525,847
Liability Insurance $308,041
Finance Committee Reserve Fund $100,000
State Assessments $1,311,633
For a total appropriation of $64,919,500
And further to transfer to the General Fund
$747,180 from the Trash Fee Stabilization Fund
$440,000 from the Bond Premium Account
and $1,250,381 from free cash to reduce the tax rate.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
SCHOOL COMMITTEE:
MOTION PRESENTER: JACK WATKINS, CHAIR- OVERVIEW-3-5 MIN PWRPT
CHAIR WENDY WAKEMAN- 1-2 MIN VERBAL
MARK REES-TOWN MANAGER- POWERPOINT
CHAIR DANIEL MURPHY-HIGHLIGHT
DR. HARUTUNIAN-3 MIN OVERVIEW - POWERPOINT
PRESENTATION FORMAT: POWERPOINT
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
15
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 11. Capital Improvement Plan Appropriation Fiscal Year 2005. To see if the Town will
vote to raise and appropriate, transfer from available funds, or borrow under the provisions of
Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital
Improvement Program; or to take any other action relative thereto.
MOTION: MOVE TO ADOPT ARTICLE 11 AS DESCRIBED IN THE FINANCE
COMMITTEE REPORT (FOUND ON PAGE 16), AS PRINTED IN THE WARRANT WITH
THE FOLLOWING AMENDMENT:
DELETE ITEM 18 "LIBRARY STAIR REPAIR' IN THE AMOUNT OF $46,000, AND TO
MEET THE APPROPRIATION, THE TREASURER, WITH THE APPROVAL OF THE
BOARD OF SELECTMEN, BE AUTHORIZED TO BORROW $3,815,537 UNDER CHAPTER
44 OF THE MASSACHUSETTS GENERAL LAWS, FOR AN ADJUSTED TOTAL
APPROPRIATION OF $398159537.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: MARK REES, TOWN MANAGER WILL ANSWER
QUESTIONS OR CALL ON DEPARTMENTAL DESIGNEE.
NOTES: ARTICLE HAS BEEN REVIEWED BY BOND COUNSEL.
... 2/3 (TWO-THIRD) VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
16
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
FY 2005 CIP Recommendations
Town Manager
Board of
Selectmen
Finance Committee
Protect Description Fund
Code
1 Relocation Feasibility Study B/N-G 32,000
Community Development Total 32,000
2 Dump Truck B/N-G 108,000
3 Dump Truck B/N-G 108,000
4 One Ton 4 Wheel Drive Truck B/N-G 28,000
5 One Ton Truck B/N-G 40,000
DPW Fleet Maintenance Total 284,000
6 Unaccepted Roadway Improvements B/N-G 217,195
7 Drainage B/N-G 250,000
8 Sidewalk Construction B/N-G 119,400
DPW Street & Sidewalks Total 586,595
9 Hydraulic Rescue Tools B/N-G 84,045
10 Replacement Vehicle for Cars 3 and 6 B/N-G 37,791
Fire Total 121,836
11 Municipal Technology Improvements B/N-G 152,700
12 Financial Management System B/N-G 200,000
MIS Total 352,700
13 Communication Center Upgrade B/N-G 81,000
14 Animal Control Vehicle B/N-G 25,386
Police Total 106,386
15 Repaving Projects B/N-G 174,000
16 Technology Improvements B/N-G 97,020
17
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
17 Pick Up Trucks With Plows B/N-G 58,000
School Total 329,020
Town Manager
Board of
Selectmen
Finance Committee
Protect Description Fund
Code
18 Library Stair Repair B/N-G 46,000
Library Total 46,000
Grand Total General Fund CIP 1,858,537
19 4 Wheel Drive Vehicle B/N-W 25,000
20 Completion of Pump Drives B/N-W 60,000
21 Water Supply Security System B/N-W 94,000
22 Bear Hill Reservoir Improvements B/N-W 150,000
23 Meter Replacement Program B/N-W 280,000
24 Water Main Rehabilitation B/N-W 600,000
25 Sutton Hill Service Area Improvements B/N-W 323,000
Grand Total Water Enterprise CIP 1,532,000
26 One Ton Truck B/N-S 40,000
27 Sewer Rodder B/N-S 117,000
28 New Bonny Lane Sewer Pump Station B/N-S 314,000
Grand Total Sewer Enterprise CIP 471,000
Funding Recommendation Code
Raise and Appropriate - General Fund 0
Raise and Appropriate - General Override 0
Raise and Appropriate -Water 0
Raise and Appropriate - Sewer 0
Bonds/Notes —General B/N-G 1,858,537
Bonds/Notes -Water B/N-W 1,532,000
Bonds/Notes - Sewer B/N-S 471,000
Stevens Estate Reserve 0
Debt Excluded Bonds/Notes 0
Other Available Funds 0
Total All Capital Projects 3,861,537
18
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 12. Water Enterprise Fund Appropriation-Fiscal Year 2005. To see if the Town will vote
to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide
a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year
beginning July 1, 2004 and ending June 30, 2005; or to take any other action relative thereto.
Water Enterprise Fund FY05 Recommendation
Town Manager
FY05 Board of Selectmen
Dept. Request FY04Budget Finance Committee
Personnel 661,613 680,265 668,015
Expenses 1,002,275 992,175 1,084,632
Capital 0 256,200 0
Reserve Fund - Salary 0 0 12,800
Debt Service 2,664,831 2,307,286 2,510,286
Sub-Total Direct
Expenditures 4,328,719 4,235,926 4,275,733
Transfer to General Fund 0 0 123,201
Administration/Indirect 437,000 500,750 478,076
Total Water Enterprise 4,765,719 4,736,676 4,877,010
19
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 12. WATER ENTERPRISE FUND APPROPRIATION—FISCAL YEAR 2005.
MOTION: ARTICLE 12. WATER ENTERPRISE FUND APPROPRIATION, FISCAL
YEAR 2005.
Article 12. Water Enterprise Fund Appropriation, Fiscal Year 2005
MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $4,877,010, IN AGGREGATE,
FOR THE PURPOSES LISTED UNDER THE COLUMN "FY05 RECOMMENDATION:
TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT
REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE WATER ENTERPRISE
FUND, THAT $4,877,010 BE RAISED FROM WATER RECEIPTS AND FROM THESE
RECEIPTS $601,277 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT
EXPENSES AND REPAYMENT OF A TRANSFER OF FUNDS FROM THE GENERAL FUND
TO THE WATER ENTERPRISE FUND IN FISCAL YEAR 1999.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
20
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 13. Sewer Enterprise Fund Appropriation-Fiscal Year 2005. To see if the Town will vote to
appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a
sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year
beginning July 1, 2004, and ending June 30, 2005; or to take any other action relative thereto.
Sewer Enterprise FY05 Recommendation
Town Manager
FY05 Board of Selectmen
Dept. Request FY04Budget Finance Committee
Personnel 267,588 298,488 292,488
Expenses 190,450 194,700 205,900
GLSD Assessment 1,446,804 275,000 1,275,000
Settlement 56,000 56,000 56,000
Capital 0 19,000 0
Reserve Fund - Salary 0 0 8,733
Debt Service 1,759,082 1,685,618 1,870,928
Sub-Total Direct
Expenditures 3,719,924 3,528,806 3,709,049
Administration/Indirect 198,500 226,855 209,488
Total Sewer Enterprise 3,918,424 3,755,661 3,918,537
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 13. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2005.
MOTION: ARTICLE 13. SEWER ENTERPRISE FUND APPROPRIATION, FISCAL
YEAR 2005.
MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $3,918,537, IN AGGREGATE,
FOR THE PURPOSES LISTED UNDER THE COLUMN "FY05 RECOMMENDATION:
TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT
REGARD TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SEWER ENTERPRISE
FUND THAT $3,551,473 BE RAISED FROM SEWER RECEIPTS, THAT $367,064 BE
TRANSFERRED FROM SEWER ENTERPRISE FUND RETAINED EARNINGS, AND FROM
THESE SOURCES OF FUNDS, $209,488 BE TRANSFERRED TO THE GENERAL FUND FOR
INDIRECT EXPENSES.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION'
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
22
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 14. Stevens Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year 2005.
To see if the Town will vote to appropriate from Steven's Estate at Osgood Hill Enterprise Fund
Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of
funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2004
and ending June 30, 2005; or to take any other action relative thereto.
Stevens Estate At Osgood Hill FY05 Recommendation
FY04 FY05 Town Manager
Budget Dept. Board of Selectmen
Request Finance Committee
Personnel 234,015 174,656 174,656
Expenses 417,662 252,444 252,444
Capital 0 0 0
Reserve Fund 0 0 0
Debt Service 0 0 0
Sub-Total Direct
Expenditures 651,677 427,100 427,100
Administration/Indirect 91,900 85,959 85,959
Total Stevens
Estate Enterprise 743,577 513,059 513,059
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 14. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND
APPROPRIATION-FISCAL YEAR 2005.
MOTION: ARTICLE 14. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE
FUND APPROPRIATION, FISCAL YEAR 2005.
MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $513,059, IN AGGREGATE,
FOR THE PURPOSES LISTED UNDER THE COLUMN "FY05 RECOMMENDATION:
TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT
REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE STEVENS ESTATE AT
OSGOOD HILL ENTERPRISE FUND THAT $475,000 BE RAISED FROM STEVENS ESTATE
RECEIPTS, THAT $38,059 BE TRANSFERRED FROM STEVENS ESTATE AT OSGOOD
HILL ENTERPRISE FUND RETAINED EARNINGS, AND FROM THESE SOURCES OF
FUNDS, $85,959 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
24
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 15. Establishment of Revolving Funds. To see if the town will vote to authorize the
following revolving funds for certain Town departments under Massachusetts General Laws, Chapter
44, Section 53E '/z for the Fiscal Year beginning July 1, 2004.
REVOLVING ACCOUNTS
Account Revolving Spending FY 2005
Number Fund Authority Use of Funds Revenue Source Limit
Participants fees,
Grants,
Donations, and
All programs and related
Youth Director activities, expense, Fundraising
022-5423-3437 Services CD & S part time help proceeds $ 250,000
Field rental fees,
Grants,
Donations, and
Field maintenance, related
Field Director upgrade and related Fundraising
New Maintenance DPW expenses proceeds $ 20,000
Participants fees,
Grants,
Donations, and
related
Elder Director Senior programs, Fundraising
022-5590 Services CD & S classes and activities proceeds $ 50,000
Clinic participant
fees, Grants,
donations,
related
Health Dept Director Clinic supplies and Fundraising
022-5102 Revolving CD & S other expenses proceeds $ 20,000
Wheelabrator
Wheelabrator Director Air quality Host Service
022-4306 Planning CD & S monitoring Agreement $ 25,000
Director Wheelabrator
Wheelabrator CD & S To enforce Trash Host Service
022-4307 Public Safety Truck regulations Agreement $ 20,000
Wheelabrator Director Protection of health, Wheelabrator
—Health CD & S safety,monitoring air Host Service
022-4308 quality Agreement $ 40,000
25
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Revolving Accounts (Massachusetts General Law Chapter 44, Section 531/2
Account
Number Revolving Fund Balance FY03 FY03 Balance Receipts to Expenditures Balance
7/1/02 Receipts Expenditures 6/30/03 12/31/04 to 12/31/03 12/31/03
022-
5423 Youth Services $ 160,124 $ 231,522 $ (183,402) $ 208,244 $ 63,826 $ (137,586) $ 134,484
Field
new Maintenance $ - $ - $ - $ - $ - $ - $ -
022-
5590 Elder Services $ 21,496 $ 15,033 $ (32,557) $ 3,972 $ 7,285 $ (2,493) $ 8,764
022-
5102 Health Dept $ 11,332 $ 8,091 $ (4,707) $ 14,716 $ 7,235 $ (3,846) $ 18,105
022- Wheelabrator
4306 Planning $ 81,821 $ 25,000 $ (28,874) $ 77,947 $ 25,000 $ - $ 102,947
022- Wheelabrator
4307 Public Safety $ 50,000 $ 11,800 $ (14,139) $ 47,661 $ 7,500 $ (37,911) $ 17,250
022- Wheelabrator
4308 Health $ 74,812 $ 37,029 $ (18,476) $ 93,365 $ - $ (66,101) $ 27,264
REVOLVING ACCOUNTS
A revolving account allows fees and donations to be used for related expenses without a specific
appropriation by Town Meeting. For example, activity fees collected from participants in Youth
Services programs are used for cost associated with running the programs. State Law requires that the
Town Meeting vote annually on this type of revolving account setting a dollar limit and specifying who
is authorized to make expenditures. In any fiscal year, the limit on the amount that may be spent can be
increased with the approval of both the Board of Selectmen and the Finance Committee.
Or to take any other action relative thereto.
26
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 15. ESTABLISHMENT OF REVOLVING FUNDS.
MOTION: MOVE TO AUTHORIZE THE USE OF A REVOLVING ESCROW FUND FOR
THE FISCAL YEAR 2005 PURSUANT TO CHAPTER 44 SECTION 53 E (1/2) OF
MASSACHUSETTS GENERAL LAW FOR THE FUNDS AND PURPOSES PRESENTED IN
THE ARTICLE, AND THAT THE TOTAL AMOUNT OF EXPENDITURES FOR EACH
REVOLVING FUND NOT EXCEED THE AMOUNT DETAILED UNDER THE COLUMN
"FY2005 LIMIT."
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: MARK BEES, TOWN MANAGER
PRESENTATION FORMAT: VERBAL
NOTES: MARK REES, TOWN MANAGER WILL EXPLAIN IF NEEDED
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
27
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 16. Appropriation of Funds for Securing Veterans and Indigent Lots from Ridgewood
Cemetery Associates. To see if the Town will vote to appropriate the sum of$9,000 (Nine Thousand
Dollars) to be expended under the direction of the Board of Selectmen for the purpose of securing
veterans and indigent lots from the Ridgewood Cemetery Associates; or to take any other action relative
thereto.
Petition of Robert A. Smith and others
ARTICLE 16. APPROPRIATION OF FUNDS FOR SECURING VETERANS AND INDIGENT
LOTS FROM RIDGEWOOD CEMETERY ASSOCIATES.
IF ARTICLE 10 PASSES IN ITS ENTIRETY THE FUNDING IS
INCLUDED IN THAT ARTICLE. THE FOLLOWING MOTION
WILL THEN APPLY.
MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 16.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: ROBERT A. SMITH - PETITIONER
PRESENTATION FORMAT: VERBAL
NOTES: MARK REES, TOWN MANAGER WILL EXPLAIN IF NEEDED
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
28
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 17. Report of the Community Preservation Committee and Appropriation From the
Community Preservation Fund. To receive the report of the Community Preservation Committee
and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation
Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money
to be spent under the direction of the Community Preservation Committee; or to take any other action
relative thereto.
Article 17 - List of Proposed Community Preservation Committee Appropriations
DESCRIPTION AMOUNT CATEGORY
a) Machine Shop Village—Master Plan $22,000 Historic Resources
b) Preservation of Historical Town Records $30,000 Historic Resources
c) Stevens Library Stairs (Phase 2) $46,000 Historic Resources
d) North Parish Church— Steeple and Foundation $141, 670 Historic Resources
Restoration
e) Stevens Estate—Fire Protection System $319,000 Historic resources
f) Sharpners Pond Fields - Baseball $25,000 Recreation/Open
Space
g) Grogan Playground $25,000 Recreation
h) Half Mile Hill Summit—Principal/Interest $500,000 Open Space
i) Half Mile Hill—Principal and Interest $775,000 Open Space
j) Carter Hill—Principal and Interest $525,164 Open Space
k) Reserve for Affordable Housing $202,000 Affordable Housing
L) Administration $5,000 Administration and
Operating Expenses
Petition of the Community Preservation Committee
29
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 17. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND
APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND.
MOTION: TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION
COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE FROM THE
COMMUNITY PRESERVATION FUND, IN ACCORDANCE WITH THE PROVISIONS OF
MASSACHUSETTS GENERAL LAWS CHAPTER 44B, $2,615,834 TO BE SPENT UNDER
THE DIRECTION OF THE COMMUNITY PRESERVATION COMMITTEE AS FOLLOWS:
***PLEASE READ EACH ITEM, AMOUNT AND PURPOSE***
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: JOHN SIMONS, CPC
NOTES: JOHN SIMONS OR DESIGNEE WILL EXPLAIN REPORT AND
APPROPRIATIONS.
PRESENTATION FORMAT: POWERPOINT REPORT- FELIPE SCHWARZ
NOTES:
***MAJORITY VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
30
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 18. Acquisition of Land — The Land, Open Fields and Woodland on the Shore of Lake
Cochichewick Known as the Kettenbach Property and also "Half Mile Hill Summit". To see if the
Town will vote to raise, borrow and/or appropriate a sum of money ($2,650,000) in for the acquisition
by purchase or eminent domain of a parcel of land of approximately 30 acres of land owned by Michael
L. Kettenbach, as described on Assessor's Map 35, Parcels 24, 25, 33, and 34, and Map 36, Parcel 21, to
be managed and controlled by the Conservation Commission of the Town of North Andover in
accordance with Chapter 40, Section 8C for conservation and passive recreation purposes, and to meet
said appropriation with funds transferred and/or borrowed in accordance with Massachusetts General
Laws Chapters 44 and/or 44B, the Community Preservation Act, or any other enabling authority, and to
authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that
may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the
Town of North Andover any and all applications deemed necessary under the Self-Help Act (Chapter
132A, Section 11) or any other applications for funds in any way connected with the scope of this
acquisition, and that the Town Manager and the Board of Selectmen and the Conservation Commission
be authorized to enter into all agreements and execute any and all instruments, including a permanent
deed restriction in accordance with General Laws Chapter 184, as may be necessary on behalf of the
Town of North Andover to affect said purchase; or to take any other action relative thereto.
Petition of the Community Preservation Committee
31
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 18. ACQUISITION OF LAND— THE LAND, OPEN FIELDS AND WOODLAND ON
THE SHORE OF LAKE COCHICHEWICK KNOWN AS THE KETTENBACH PROPERTY
AND ALSO "HALF MILE HILL SUMMIT".
MOTION: Move that the Town appropriate $2,650,000 for the acquisition by purchase or
eminent domain of a parcel of land of approximately 30 acres of land owned by Michael L.
Kettenbach, as described on Assessor's Map 35, Parcels 24, 25, 33, and 34, and Map 36, Parcel 21,
to be managed and controlled by the Conservation Commission of the Town of North Andover in
accordance with Chapter 40, Section 8C for conservation and passive recreation purposes, and to
meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized
to borrow $2,650,000 in accordance with Massachusetts General Laws Chapters 44 and/or 44B,
the Community Preservation Act, or any other enabling authority, and to issue any bonds or
notes that may be necessary for that purpose, and that the Town Manager be authorized to file on
behalf of the Town of North Andover any and all applications deemed necessary under the Self-
Help Act (Chapter 132A, Section 11) or any other applications for funds in any way connected
with the scope of this acquisition, and that the Town Manager and the Board of Selectmen and the
Conservation Commission be authorized to enter into all agreements and execute any and all
instruments, including a permanent deed restriction in accordance with General Laws Chapter
184 and take any other action as may be necessary on behalf of the Town of North Andover to
effect said purchase.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: JOHN SIMONS OR DESIGNEE
PRESENTATION FORMAT: POWERPOINT—3-4 MIN.
NOTES: MOTION BY BOND COUNSEL
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
32
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 19. Acquisition of Land - Lake Front Property Great Pond Road Adjacent to Water
Treatment Plant. Acquisition of Land-Lake Front Property Great Pond Road Adiacent to Water
Treatment Plant. To see if the Town will vote to raise and appropriate, transfer from available funds,
or borrow under the provisions of MGL, Chapter 44 or any other enabling authority, the sums of money
necessary to acquire, for the purposes of watershed protection and the possibility of expanding the water
treatment plant at the discretion of the Board of Selectmen, by gift, purchase, or eminent domain
approximately 2.1 acres of land adjacent to the Water Treatment Plant on Great Pond Road which is a
portion of land known as Map 37A, Parcel 2 shown as Parcel "A" on a plan entitled, "Proposed Land
Transfer Plan" dated 3/12/04, scale F=80', on file in the office of the Town Clerk, more particularly
described as follows:
Beginning at a point along the northerly street line of Great Pond Road said point being the
easterly property corner of said parcel, thence running North 32° -00'-00" West, 425.00 feet to
a point, thence running South 58° -00'-00" West, 200.00 feet to a point, thence running North
32° -00'-00" West, 300 feet +/- to a point, thence running in a westerly direction, 182 feet +/-
along the shoreline of Lake Cochichewick to a point, thence running in a southerly direction
along a stone wall 423 feet+/- to a point, thence running North 58° -00'-00" East, 298 feet+/-
to a point, thence running South 32° -00'-00" East, 282 feet +/- to a point, thence running
North 50° -00'-00" East, 53 feet+/-to a point, said point being the point of beginning.
And that the Board of Selectmen be authorized to acquire said land by gift, purchase or eminent domain
and to grant an easement or right of way for travel by foot across said land and take any other action
necessary on behalf of the Town of North Andover to effect said acquisition.
Petition of Mark H. Rees and others
33
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 19. ACQUISITION OF LAND - LAKE FRONT PROPERTY GREAT POND
ROAD ADJACENT TO WATER TREATMENT PLANT. ACQUISITION OF LAND-LAKE
FRONT PROPERTY GREAT POND ROAD ADJACENT TO WATER TREATMENT PLANT.
MOTION: NEED MOTION - TO BE DISTRIBUTED AFTER SELECTMEN'S MEETING
ON 5-10-2004 PRIOR TO TOWN MEETING.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: MARK REES-TOWN MANAGER
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
34
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 20. Amend Section 8.8 —Adult Use Zone of the Zoning Bylaw. To see if the Town will
vote to add to and/or clarify section 8.8 of the existing Zoning Bylaw for the Town of North Andover by
inserting the following language at the end of the first paragraph entitled "Section 8.8 Adult Use Zone".
Be it resolved 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 deem relevant and appropriate,
before making its decision to issue or deny a Special Permit for Adult Uses. Accordingly, the Special
Permit Granting Authority may accept, from other issuers of permits and approvals, conditional permits
and approvals that are subject solely to the granting by the Special Permit Granting Authority approval
of the Special Permit for the Adult Use Zone; or to take any other action relative thereto.
Petition of Robert Ercolini and others
35
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 20. AMEND SECTION 8.8-ADULT USE ZONE OF THE ZONING BYLAW.
MOTION: MOVE TO ADOPT ARTICLE 20 AS PRINTED IN THE WARRANT
RECOMMENDATIONS:
BOARD OF SELECTMEN: UNFAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: UNFAVORABLE ACTION
MOTION PRESENTER: ROBERT ERCOLINI- PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: TOWN COUNSEL WILL RESPOND IF NEEDED.
***2/3 VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
36
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 21. Procedure for Review of Proposed Trash Transfer Facility Agreement.
The petitioner, Robert Ercolini, submitted other documents with the following warrant article
that are not reproduced here. This other information is available for viewing at the Town Clerk's
office or at the Town's website: www.townofnorthandover.com.
This article states that the Agreement (see Agreement below) signed between the Board of Selectmen
and Thomson Brothers Inc. (TBI) and related affiliates must first go through the proper procedures, as
mandated by our town charter, before it is approved. Specifically, this article states that the Agreement
must be thoroughly reviewed by the proper boards and then voted on at a subsequent Town Meeting.
Be it resolved by the residents of the Town of North Andover that:
Whereas, the North Andover Board of Selectmen (hereinafter Board of Selectmen) on a 3 to 2 vote
approved an Agreement (hereinafter an "Agreement" with Thomson Brothers Inc. (hereinafter "TBI"),
Trustee of L.M.T. Reality, Merrimac Cartage, Northside Carting, Inc. (hereinafter collectively
"Affiliates" and Rocket Entertainment as of October 20, 2004 and that the Agreement requires the
expenditure of funds by the Town of North Andover
Whereas, TBI, the Thompson family and their Affiliates seek to construct and operate a transfer station
on their property located at Holt Road in the Town; and
Whereas, TBI, their Affiliates and Rocket Entertainment and the Board of Selectmen have entered into
an Agreement to outline the costs and benefits to the Town arising from construction and operation of
such a facility; and
Whereas, prior consideration of such a facility resulted in denial of a site assignment for the facility by
the Town's Board of Health; and
Whereas, this denial was upheld on judicial review at both the Superior and Supreme Judicial Courts;
and
Whereas, the North Andover Planning Board and Finance Committee did not review the Agreement,
prior to the execution by the Chairman of the Board of Selectmen, in accordance with the Town of
North Andover's Charter provisions; and
Whereas, the Agreement provides for the expenditure of monies including but not limited to legal fees
incurred by the Thomsons, costs incurred pursuant to the binding arbitration clause in the contract,
charges for drop off of some recyclables, any increased costs incurred by the TBI, (without audit or
review by the Town), and additional costs pursuant to "White Goods" that need to be appropriated and
authorized by Town Meeting;
Whereas, the Agreement did not involve public bidding to insure best possible price to the Town and
allow for competition to others interested in providing these services;
37
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Whereas, the Agreement gives TBI the discretion to terminate the contract at any time and manipulate
its (TBI's) obligations there under;
Whereas, the Agreement leaves too many ambiguities and unanswered questions, the answers to which
may prove costly to the Town,
Whereas this Agreement subjects the town to lawsuits from other landowners seeking similar
Agreements.
Whereas, the terms of the Agreement and the Thomsons have revealed that TBI is using the threat of
opening Rockets in an extortionate manner
Whereas, no determination has been made that the there are sufficient sums in the Agreement to
adequately monitor the facility's operation;
Whereas, the Agreement does not provide for specific liquidated damages or automatic penalty clauses
for TBI's non performance with respect to sections 1(h) and 1(o)-there is no specific penalty provided
for TBI's failure to enforce traffic routes or TBI's failure to adequately enforce bans on prohibited
materials, and thus TBI's incentive to perform under these provisions can not be adequately gauged;
Whereas the proposed facility is twice the size as the original design that was denied by the 1997 Board
of Health, and the Agreement does not provide penalty clauses if TBI brings in more than 650 tons per
day of trash and construction and demolition debris.
Whereas, TBI is using this Agreement as leverage to get its permits approved by the Department of
Environmental Protection and the town's Board of Health;
Whereas, the Agreement (signed by the Selectmen) will exert undue pressure on members of the North
Andover Board of Health (who are appointed by the Board of Selectmen) in their deliberation on the
proposed facility;
Whereas, the Agreement has been reviewed by Mintz Levin Cohn Ferris Glovsky & Popeo PC, and their
concerns and comments are available.
Whereas, the failure of Town Meeting to specifically reject this Agreement will cause it to be
automatically approved by Town Meeting as part of its approval of the Town's annual budget
appropriation for fiscal 2005;
Now, therefore, Town Meeting states and declares the following:
That the Agreement between TBI, their Affiliates and Rocket Entertainment and the Board of Selectmen
is a non-binding recitation of proposed benefits and costs to the Town; and
38
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
That the Agreement does not constitute a binding host community Agreement and that it requires further
review, amendment and approvals by the Finance Committee, Planning Board, Towns employees and
Town Meeting before it may constitute a contractual agreement; and
That the Town's Board of Health has the ultimate authority to determine whether the site may be
assigned for use as a transfer station in a manner that is protective of public health, safety, and the
environment without influence from the Board of Selectmen; and
That the voters of the Town of North Andover stand opposed to the siting of this facility and the making
of any agreement which may purport to give any authority for construction or operation of the facility
prior to Town Meeting approval of any agreement,
That Town Meeting approval of such an agreement shall only be given after a full review of any
proposed agreement by all appropriate Town Boards and professional personnel employed by the Town
as to the impacts to public health, safety, economic costs and benefits and the environmental impacts
which may arise from the construction and or operation of such a facility; and
That no expenditure of funds, including any employee costs, shall be incurred by North Andover on or
on behalf of this Agreement until a proposed Agreement is approved by Town Meeting.
WITNES SETH
WHEREAS, TBI proposes to develop property at 210 Holt Road (the "Site") for a solid waste
recycling and transfer facility for up to 650 tons per day (the "Facility"). Reference to "TBI" in this
Agreement shall be deemed to include TBI's successors and assigns; and
WHEREAS, the Thomsons are owners of property at 210 Holt Road; and reference to "the
Thomsons" in this Agreement shall be deemed to include the Thomsons' heirs, successors and assigns;
and
WHEREAS, TBI acknowledges that execution of this Agreement by the Selectmen does not
constitute an endorsement or approval of the proposed Facility but merely sets forth the recycling and
waste diversion benefits that TBI will provide to the Town of North Andover (the "Town") should TBI
be successful in developing and operating the Facility at the Site; and
WHEREAS, nothing in this agreement shall be construed to mean that the Board of Selectmen
endorse any specific proposal or elements of any specific proposal for a Transfer Station or Recycling
Facility at the subject lots (210 Holt Road). The purpose of this Agreement is to agree upon certain
terms that will benefit the Town of North Andover should a proposed facility obtain all necessary
environmental and other permits; and
WHEREAS, this Agreement is in no way a directive to the North Andover Board of Health to
issue a permit for the Facility; and
WHEREAS, the Selectmen and TBI enter into this Agreement knowing that the Board of
Health, and not the Board of Selectmen, has the authority to issue a permit for a solid waste recycling
39
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
and transfer facility; and if the Board of Health denies the permit application for a solid waste recycling
and transfer facility at the Site, then this Agreement shall be null and void.
Now, therefore, for good, lawful and valuable consideration, TBI, the Thomsons and the
Selectmen agree as follows:
1. For so long that TBI is permitted to operate and is operating the Facility as described herein
and the Town zoning by-laws governing the use of the Site remain unchanged, TBI and the Thomsons
agree as follows:
a. TBI and the Thomsons shall file a deed restriction in the Essex County Registry of Deeds
providing that for so long that TBI is permitted to operate and is operating the Facility at the Site, then
the Site and any and all adjacent or contiguous parcels of land currently owned or controlled by the
Thomsons, TBI or its principals, including but not limited to land conveyed to the Thomsons as
described in a deed recorded at Book 1906, Page 94 of the Northern Essex Registry of Deeds shall be
used only for the Facility, other permitted solid waste and recycling operations, and/or as currently used,
including ancillary parking for the Facility only, related office or maintenance space (of its own
vehicles) and Facility storage. The deed restriction, which shall run with land, be binding on all
successors for a minimum of ninety-nine years, name the Town as a party to the instrument and state
that the restriction is for the Town's benefit, and otherwise be drafted so as to be enforceable by the
Town to the maximum extent allowed by law, shall be recorded no later than the first date of the
operation of the Facility.
b. TBI shall provide to the Town and to the North Andover Schools and to residents of the
Town, free of charge, curbside recycling collections of paper, glass, steel (tin), aluminum, plastics and
other recyclables currently collected by the Town consistent with the Town's current recyclable
collection such that each residence and currently eligible business or multi family units is picked up
once every two weeks (excluding all non-eligible commercial, business and multi family entities). TBI
agrees that it will augment the recycling program to include additional recyclable materials normally
included in other municipal recycling programs in eastern Massachusetts such as cardboard and plastics
1-7 (excluding yard waste and food waste) provided that there is an active market for recycling such
material. The Facility shall take recyclables that are at least those taken by a majority of North
Andover's "comparable" community list. TBI agrees to enter into a mutually satisfactory agreement
with the Town for curbside recycling collections containing at a minimum all of the terms and
provisions contained in this Agreement for curbside collection for the residents of the Town and such
other terms and conditions consistent with this Agreement. The Town shall initially propose a form of
curbside recycling contract containing such terms and conditions. TBI shall respond to the Town's
proposed form of contract with specific comments and suggested changes. If TBI and the Town are
unable to agree on a mutually acceptable curbside recycling contract within sixty days of
commencement of negotiations, they agree to submit their disagreement to arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association unless the parties agree
otherwise. The award rendered by the arbitrator shall be final and binding on all parties, and the parties
agree to execute a curbside recycling contract incorporating such decision within ten days of such
decision. The arbitration shall be held in the Boston area. TBI agrees that it shall not commence
operation of the facility before executing the curbside recycling contract.
40
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
c. TBI shall submit a response to a request for proposal for all the Town's current recyclable
collection trucks and if TBI is the highest bidder, TBI shall purchase said trucks at fair market value, but
not less than $20,000.00, or provided the trucks remains in their current condition, ordinary wear, tear
and mileage excepted, the outstanding debt service on the trucks, whichever is greater.
d. TBI shall provide to the Town and Town residents (excluding all commercial, business
entities) and administrate so called "white good" (i.e. large appliances) and chlorofluorocarbon (CFC)
item curbside pick up and disposal at a recycling facility at the same rates currently charged by the
Town, to be reasonably adjusted for future changes in actual costs. TBI shall accept all post consumer
recyclable materials from the Town and Schools free of charge (excluding construction and demolition
debris, soil, asphalt, brick and concrete and other non-consumer materials). If TBI desires to change the
charges for such services, it shall first request approval from the Selectmen for such change in cost
which approval the Selectmen shall not unreasonably delay or withhold.
e. TBI shall provide and manage at the Site a drop off center for recyclables free of
charge to the Town and to residents of the Town (excluding all commercial, business and non-residential
entities).
The drop off center at the Site shall provide for drop off of recyclables currently accepted at the
DPW facility which includes but is not limited to mixed paper, corrugated cardboard, clear and colored
glass, steel (tin), aluminum, #1 through#2 (to be expanded to include #3-7 if a market develops for such
plastics) plastics, and oil filters. TBI shall also accept at the current rates and on the same terms
currently being provided by the Town tires, cathode ray tubes, florescent bulbs and ballasts, oil and latex
paint, auto batteries, button batteries, nickel cadmium batteries, hard and soft cover books, clothing,
mercury thermometers and thermostats and propane tanks to the extent permitted by applicable law,
regulation and permits. The materials collected curbside and accepted at the drop off center shall be
recycled and shall not be processed at the Facility as solid waste. To the extent allowed by applicable
law, regulation or TBI's permits TBI shall make the Site available for Town scheduled HHW collection
events at the Town's expense. TBI shall provide to the Town tonnage and/or quantity reports for
materials collected at the drop off center comparable to the reports currently prepared by the Town.
f. TBI will offer a preferred rate of 20% discount off published disposal rates for processing and
disposal of construction and demolition debris for any projects undertaken by any agency of the Town of
North Andover, including schools, public works and other agencies not to exceed ten (10) tons in any
one day.
g. TBI will provide a place for Town residents (excluding all commercial and business entities)
to drop off construction and demolition debris from their own minor home remodeling and repair jobs at
a preferred rate of 20% discount off published disposal rates with no minimum charge to the Town
residents.
h. TBI shall enforce truck routes designated by the North Andover Board of Health or as
mandated by other government authorities. TBI shall prohibit a hauler or haulers from using the Facility
41
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
in the event that the Town reports to TBI that a hauler has violated a truck route after one warning; TBI
shall fully comply with North Andover Board of Health truck route regulations and restrictions. Except
as modified by the Board of Health, TBI will use the following truck routes: TBI will follow truck
routes from their facility to interstate Route 495 by heading north on Route 125 and turning left on the
Ward Hill connector. The Trucks will not be on any other streets in North Andover except to pick up
materials generated by the residents of North Andover or businesses located within the boundaries of
North Andover.
i. TBI and the Thomsons shall not subdivide the Site or any adjacent or contiguous parcels of
land owned or controlled by the Thomsons and TBI, or its principals, including but not limited to land
conveyed to the Thomsons as described in a deed recorded at Book 1906, Page 94 of the Northern Essex
Registry of Deeds,
j. TBI will provide at no cost to the Town a ground level 40 foot storage container as a drop-off
point by Town residents (excluding all commercial and business entities) of reusable furniture at the Site
drop-off center. TBI reserves the right to reject any unusable furniture, but TBI shall not act
unreasonably in rejecting furniture.
k. No burning or combustion of solid waste will take place at the Site.
1. Any fixed equipment at the Site will be powered by electric motors, not diesel or other fossil
fuels.
m. Diesel powered equipment (loaders, etc.) that will be used at the Site will meet the air
emission requirements for new diesel equipment that are in place on the day that operations commence
regardless of the age of the equipment to be used.
n. TBI shall comply with all state and federal statutes and regulations, as amended, governing
emissions of dust and other particulate matter from the Facility, including, without limitation, periodic
sampling for emissions and installation of dust and particulate matter control devices to maintain
emissions within acceptable limits. Upon commencing operations, TBI will arrange for a Certified
Industrial Hygienist to conduct a study using OSHA approved methods to quantify ambient levels of
dust and other particulate in the building and to determine whether any respiratory protection is required
for the workers inside the facility.
o. The Facility will not accept any of the following materials and will have in place a program to
inform its customers of the ban on these materials as well as a program designed to screen waste loads
for these materials and enforce the bans including prohibiting certain customers from continuing to use
the facility if they repeatedly violate the bans:
• Hazardous Waste as defined by federal and Massachusetts Laws
• Asbestos Containing Materials
• Biological or Infectious Waste
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2004 ANNUAL TOWN MEETING MOTION BOOK
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• Except to the extent allowed by TBI's permits, applicable law or regulation,
Materials listed as Universal waste such as fluorescent light tubes or mercury
containing thermostats
• Special wastes as defined in 310 CMR 19.006
• Wastes (excluding recyclables and compostable or other materials expressly
included in this Agreement) that are not "solid wastes" according to the
definition of solid waste set forth in 310 CMR 19.006
p. TBI will allow agents or employees of the Town of North Andover Board of Selectmen or
Board of Health to access the facility during business hours for the purposes of conducting inspections
of operations at the facility. Access includes access to all records necessary to evaluate compliance with
the environmental, regulatory and permit requirements. Inspections may include occasional
measurements of dust and particulate matter at the property boundary using accepted EPA sampling and
analytical methods or approved devices for measuring real time, ambient dust conditions.
q. TBI will pay the actual expenses up to $20,000 per year (adjusted annually on the anniversary
of this agreement by the Brockton, Boston, Nashua CPI-U) for the Town to hire a qualified
environmental scientist or engineer to inspect the operations at the Facility, to review the records of
operation and to evaluate compliance with state and federal laws and regulations and with the terms and
conditions of all environmental permits. The scientist or engineer may take measurements of ambient
air at the property line for the purpose of determining compliance with allowable ambient levels to
particulate matter known as PM10. The Town will provide TBI with copies of all results and reports of
such inspections and measurements within ten (10) days of receipt.
r. TBI agrees to notify the Board of Selectmen and Board of Health within 24 hours of receipt of
any Notice of Violation or Notice of Non-Compliance from either the federal Environmental Protection
Agency or the Massachusetts Department of Environmental Protection, or their successors.
s. TBI agrees to copy either the North Andover Board of Health or Board of Selectmen on all
correspondence with the Massachusetts Department of Environmental Protection, or its successors,
including annual reports on materials handled, responses to inquiries for other information, and response
to any Notices of Non-Compliance or Notice of Violation.
t. The Facility shall comply with the applicable Commonwealth of Massachusetts waste ban, as
amended from time to time.
u. TBI reserves the right to require proof of North Andover residency or eligibility in the case of
businesses from all persons using TBI's services pursuant to this Agreement. The Town shall cooperate
with TBI in developing a system of identification (such as stickers) for Town residents using the drop
off center.
2. TBI shall incorporate into its design and operational plans for the Facility, at a minimum, the
following features and/or policies:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
a. TBI shall handle only construction and demolition debris and commercial waste and agrees
that no residential municipal solid waste not generated within the Town will be handled (except in case
of a TBI vehicle breakdown or at the request of the Town). This provision is not intended to interfere
with the arrangement between North Andover and the North East Solid Waste Committee;
b. A minimum of fifty percent (50%) of incoming material volumes will be diverted from
disposal, including, without limitation, diversion for recycling, composting or other beneficial reuse.
The percentage minimum shall increase at the following intervals from the date of the first day of
operation of the Facility:
Two (2) years: 55%
Five (5) years: 60%
Seven (7) years: 75%
c. The Facility shall be "fully enclosed" in accordance with FAA regulations. TBI shall install
devices to eliminate bird hazards to the adjacent Lawrence Airport and also to eliminate vermin;
d. TBI will sweep Holt Road from the Facility to Route 125 weekly;
e. TBI shall implement reasonable measures for odor control at the Facility which measures
shall be prescribed by the North Andover Board of Health as part of any approval.
3. a. This Agreement may be modified only by an agreement in writing and shall be
interpreted as an integrated agreement containing all obligations and understandings of the parties.
b. If any provision of this Agreement or portion of such provision, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this
Agreement or the remainder of such provision and the application thereof to other persons or
circumstances (other than those as to which it is held invalid or unenforceable) shall not be affected
thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent
permitted by law.
C. This Agreement and the parties' respective rights hereunder shall be governed by the
laws of the Commonwealth of Massachusetts and the parties hereto consent to the jurisdiction of the
state courts of the Commonwealth of Massachusetts for the purpose of resolving any disputes relating to
this Agreement. This Agreement and each of the terms contained herein may be enforced by an action
in law or equity in the Essex County Superior Court. The prevailing party shall be awarded attorneys'
fees and costs for such action.
d. TBI acknowledges that the Board of Selectmen will not approve this Agreement until
after review of the Agreement by the Board at a public meeting at which time public comments will be
solicited.
4. TBI shall file an application for a site assignment for the Facility within thirty days of local
approval of any other proposed use for the Site, and except as required in order to ensure that such
approval does not lapse or expire or as required to defend any challenges to such an approval, TBI and
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
the Thomsons shall not pursue or commence such other proposed use of the Site unless and until TBI is
denied a site assignment or any other governmental approval needed to construct and operate the
Facility.
5. The terms and conditions of this Agreement are fully transferable to any successor or assignee of
TBI to operate a transfer station on the Site.
6. Upon the commencement of operations of the Facility, the lawsuit titled Rocket Entertainment,
Inc. v. North Andover Zoning Board of Appeals, Land Court Docket No. 269389 shall be dismissed
with prejudice and without costs.
The parties respectively represent and warrant that:
a. Each is duly organized and existing and in good standing, has the full power, authority and
legal right to enter into and perform this Agreement, and the execution, delivery and performance hereof
and thereof (i) will not violate any judgment, order, law, bylaw or regulation, and (ii) do no conflict
with, or constitute a default under, any agreement or instrument to which either is a party or by which
either party may be bound or affected; and
b. This Agreement has been duly authorized, executed and delivered; this Agreement constitutes legal,
valid and binding obligations of each party, enforceable in accordance with its terms; there is no action,
suit or proceeding pending or, to the knowledge of either party, threatened against or affecting either
wherein an unfavorable decision, ruling or finding would materially adversely affect the performance of
any obligations hereunder.
c. TBI shall provide to the Board of Selectmen, on an annual basis commencing with the signing of this
Agreement, a certificate from the Massachusetts Secretary of State of TBI's good standing.
The Terms and conditions of this Agreement shall inure to and be binding upon the parties hereto, and
their respective successors and assigns.
Any or all of the terms of this Agreement may be incorporated, at the discretion of the North Andover
Board of Health, into an approval by the North Andover Board of Health for the Facility at the Site.
This Agreement is contingent upon an approval of a permit by the North Andover Board of Health for
the Facility. If the Board of Health does not approve TBI's application for an approval of a permit for
the Facility, then this Agreement shall be null and void.
IN WITNESS WIIEREOF, the parties have set their hands and seals this 20th day of October , 2003.
TOWN OF NORTH
ANDOVER SELECTMEN THOMSON BROTHERS
INDUSTRIES, INC.
[SEAL]
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
By its Chair, duly authorized President, hereunto duly authorized
APPROVED AS TO FORM:
Town Counsel
The Following Signatories are Executing this Agreement only with respect to the provisions expressly
set forth below and no other provision of the Agreement.
APPROVED AND CONSENTED TO:
With Respect to Section 1(a)
TRUSTEES OF L.M.T. REALTY TRUST
Joyce R. Thomson, Trustee
hereunto duly authorized
William Thomson, Jr. Trustee
hereunto duly authorized
With Respect to Section 1 (h) Only
MERRIMAC CARTAGE, INC.
President, hereunto duly authorized
With Respect to Section 1 (h) Only
NORTHSIDE CARTING, INC.
President, hereunto duly authorized
With Respect to Section 6 Only
ROCKET ENTERTAINMENT, INC.
President, hereunto duly authorized
Petition of Robert Ercolini and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 21. PROCEDURE FOR REVIEW OF PROPOSED TRASH TRANSFER FACILITY
AGREEMENT.
MOTION: MOVE TO ADOPT ARTICLE 21 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: UNFAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: ROBERT ERCOLINI-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL-POWERPOINT
1. TOWN COUNSEL WILL SPEAK
2. CHAIR WAKEMAN WILL SPEAK TO AGREEMENT
3. SELECTMAN SMEDILE WILL SPEAK
NOTES: THE ADDITIONAL INFORMATION NOT PRINTED IN THE FINANCE
COMMITTEE REPORT WAS AVAILABLE ON THE WEBSITE AND IN THE TOWN
CLERK'S OFFICE AS REQUIRED BY THE BOARD OF SELECTMEN'S VOTE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 22. Planning Board Study of Land North of Route 125 and Sutton Street. To see if the
Town of North Andover will vote to request the Planning Board to study all land and buildings located
north of Sutton Street and Route 125 from its intersection with Sutton Street to the Haverhill border for
the purposes of making recommendations to Town Meeting for future land uses, zoning and any other
recommendation applicable to this property. This study shall include, but not be limited to, proposed
roadway and traffic improvements and determining the highest and best use utilization of existing
buildings, including but not limited to, the former Lucent property. The Study shall make
recommendations for the Town to take any actions necessary to protect the health and safety of the
people of North Andover and encourage the highest and best used of this property. The Planning Board
will hold public hearings as part of this study and allow citizens, property owners, tenants and other
interested parties an opportunity to participate and comment as part of the study. The Planning Board
shall make its recommendations resulting from the study available sixty days prior to the May 2005
Annual Town Meeting; or to take any other action relative thereto.
Petition of Robert Ercolini and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 22. PLANNING BOARD STUDY OF LAND NORTH OF ROUTE 125 AND
SUTTON STREET.
MOTION: MOVE TO ADOPT ARTICLE 22 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: UNFAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: UNFAVORABLE ACTION
MOTION PRESENTER: ROBERT ERCOLINI - PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: PLANNING BOARD CHAIR ALBERTO ANGLES WILL SPEAK TO ISSUES
REGARDING THE ZONING TASK FORCE AND ITS IMPACT.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 23. Tax Increment Financing Plan— 1600 Osgood Street (Former Lucent Technologies).
To see if the Town will vote to approve a proposed Tax Increment Financing Plan for 1600 Osgood
Street (Hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an Agreement
with the owner of the property, for a parcel of land and buildings thereon. The property shall be
designated as a Tax Increment Financing Zone, which, as defined in the proposed TIF Plan, presents
exceptional opportunities for increased economic development. As outlined in the proposed TIF Plan,
the Town shall provide for an exemption of property taxes or a percentage thereof based on the
incremental increase in property value in assessed valuation of the property for a period of not more than
20 years in accordance with the requirements of Massachusetts General Laws Chapter 23A, Section E;
Chapter 40, Section 49; and Chapter 59, Section 5 and pursuant to 751 CMR 1.04 (1) (b) and 402 CMR
2.18. In return for such tax benefits, in accordance with the proposed TIF Plan, the owner of the
property shall ensure at the above property the location and expansion of manufacturing, research and
development or other like uses which increase job creation, provide higher property values, and retain
and/or expand industry in the Town and the Commonwealth; or take any other action relative thereto.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 23. TAX INCREMENT FINANCING PLAN — 1600 OSGOOD STREET
(FORMER LUCENT TECHNOLOGIES).
MOTION: MOTION:
Moved that the Town vote to approve a proposed Tax Increment Financing Plan for 1600 Osgood Street
(Hereafter known as the TIF Plan) and authorize the Board of Selectmen to reach an Agreement with the
owner of the property, for a parcel of land and buildings thereon. The property shall be designated as a
Tax Increment Financing Zone, which, as defined in the TIF Plan, presents exceptional opportunities for
increased economic development. As outlined in the proposed TIF Plan, the Town shall provide for an
exemption of property taxes or a percentage thereof based on the incremental increase in property value
in assessed valuation of the property for a period of not more than 20 years in accordance with the
requirements of Massachusetts General Laws Chapter 23A, Section 3E, Chapter 40, Section 59, and
Chapter 59, Section 5 and pursuant to 760 CMR 22.00 and 402 CMR 2.00. In return for such tax
benefits, in accordance with the proposed TIF Plan, the owner of the property shall ensure at the above
property the location and expansion of manufacturing, research and development or other like uses
which increase job creation, provide higher property values, and retain and/or expand industry in the
Town and the Commonwealth, and
that the Town approve a Tax Increment Financing Plan (TIF) with 1600 Osgood Street, LLC that has
the following components:
1. Term: 20 years
2. Schedule: The following exemption percentages will apply:
Year 1: 90% Year 6: 70% Year 11: 25% Year 16: 1%
Year 2: 90% Year 7: 65% Year 12: 20% Year 17: 1%
Year 3: 85% Year 8: 60% Year 13: 15% Year 18: 1%
Year 4: 80% Year 9: 55% Year 14: 10% Year 19: 1%
Year 5: 75% Year 10: 50% Year 15: 5% Year 20: 1%
3. Acceptable Uses: The TIF will remain in effect as long as at least 70% of the total net occupied
space is occupied by firms engaged in commercial or manufacturing uses. Warehousing or
distribution uses are outside of the town's definition of commercial or manufacturing uses. The
town will consider as a commercial/industrial use those warehousing or distribution uses that are
appurtenant and essential to a user predominantly engaged in commercial or industrial uses at the
site, defined on a square foot basis.
4. TIF Zone: The TIF Zone will consist of Assessors Map 34, Parcel 17. Any new buildings on
Parcel 17 would receive tax benefits associated with the TIF in the event that the Town of North
Andover Board of Selectmen and the Planning Board, at their sole discretion, approve this
building as contributing net economic benefit to the town without significant adverse impact.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
1600 Osgood Street, LLC would petition these Boards to obtain their approval. Such approvals
would be outside and independent of any other approvals that the town would consider in its
ordinary processes of reviewing and approving real estate development.
5. TIF Commencement: The TIF would commence in FY2006, pending approval from the
Commonwealth that such a commencement is compatible with TIF regulations.
6. Other Conditions:
a. Until November 1, 2007, at no cost to the town, 1600 Osgood Street, LLC will make available
and maintain the recreational fields currently utilized by the official Town of North Andover youth
leagues, specifically soccer and little league. After this initial period, the use of the fields will renew
on an annual basis so long as the fields remain.
b. 1600 Osgood Street, LLC will encourage future tenants to join the Merrimack Valley
Transportation Management Association.
c. 1600 Osgood Street, LLC, for a period of up to 10 years, shall provide 5,000 square feet of office
space for municipal purposes rent free. In addition office furniture can be made available for use
within the space. The exact location of said office space to be determined upon further review of the
space available at the time of the request. In addition, 1600 Osgood Street, LLC will allow the
Town to use the auditorium.
And that the Board of Selectmen are authorized to enter into any and all agreements and submit any
and all applications to the Commonwealth of Massachusetts necessary to implement this TIF plan.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: MARK REES—TOWN MANAGER
PRESENTATION FORMAT: POWERPOINT
NOTES: YELLOW HANDOUT
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 24. Petition the General Court to Change the Name of the Town of North Andover. To
see if the Town will vote to authorize the Board of Selectmen to Petition the General Court to change
the official name of the Town of North Andover to "Olde Andover"; or take other action relative thereto.
Petition of Karen M. Kline and others
ARTICLE 24. PETITION THE GENERAL COURT TO CHANGE THE NAME OF THE
TOWN OF NORTH ANDOVER.
MOTION: MOVE TO ADOPT ARTICLE 24 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: UNFAVORABLE ACTION
FINANCE COMMITTEE: UNFAVORABLE ACTION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: KAREN KLINE PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: MR. MODERATOR, UNLESS VOTE IS UNANIMOUS, PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE ACTION.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
54
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 25. Amend Town By-laws Chapter 17- Finance - Add New Section to Establish Committee
to Develop Revenue and Fixed Expense Proiections for the Town's Annual Operating Budget.
To see if the Town will vote to amend the general bylaws (Code of the Town of North Andover),
Chapter 17, Finance, by adding the following new section:
Section 17-9: Revenue/Fixed Costs Review Committee
There is hereby created a committee to advise the town manager on revenue, other financial sources and
fixed costs projections for town operating budgets. The Committee shall consist of two finance
committee members, one member of the Board of Selectmen, the School Superintendent, the Director of
Finance and Administration, the Town Accountant, and the Principal Assessor. The Town Manager shall
serve as an ex-officio member of the committee.
The committee shall meet within thirty days but no later than December 1st of the issuance of the Board
of Selectmen budget policy statement provided for in Chapter 9, Section 2-3 of the Town Charter and
shall report to the Town Manager and the Finance Committee their initial estimates for revenues and
other financial sources projections and fixed expense estimates for the following fiscal year's annual
operating budget within 45 days of the Committee's first meeting. The committee's report shall identify
and describe all revenue and financing sources and anticipated fixed costs and shall provide a written
rationale supporting estimates contained therein.
The committee may continue to meet after the issuance of the Town Manager's Recommended Budget
for the purpose of providing continued advice to the Town Manager, the Board of Selectmen and the
Finance Committee regarding revenue and fixed costs projections.
Petition of the Finance Committee
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 25. AMEND TOWN BY-LAWS CHAPTER 17- FINANCE - ADD NEW SECTION
TO ESTABLISH COMMITTEE TO DEVELOP REVENUE AND FIXED EXPENSE
PROJECTIONS FOR THE TOWN'S ANNUAL OPERATING BUDGET.
MOTION: MOVE TO ADOPT ARTICLE 25 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE
PRESENTATION FORMAT: VERBAL
NOTES: JACK WATKINS WILL SPEAK TO ARTICLE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
56
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 26. Amend Chapter 59 General Bylaws — Add New Section 7 - Presentation of Budget
Articles. To see if the Town will vote to amend the general bylaws (Code of the Town of North
Andover), Chapter 59, Town Meeting, by adding the following new section:
Section 59-7: For any budgetary articles for the general fund, enterprise funds or capital projects
(including amendments to previously approved budget articles) the Finance Committee motions shall
consist only of a reading of the main motion without explanation. Pursuant to Section 9-3-3 of the Town
Charter, the Board of Selectmen or their designee shall then present to the Town Meeting a report
explaining the Selectmen's proposed budgets or budget amendments including a summary of revenue or
other financing sources projections and recommended expenditures. To the extent that the Board of
Selectmen's recommended budget differs from the Finance Committee motion, the Board of Selectmen
shall move to amend the Finance Committee main motion; or take any other action relative thereto.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 26. AMEND CHAPTER 59 GENERAL BYLAWS - ADD NEW SECTION 7 -
PRESENTATION OF BUDGET ARTICLES.
MOTION: MOVE TO ADOPT ARTICLE 26 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: MARK REES-TOWN MANAGER
PRESENTATION FORMAT: VERBAL
NOTES: MARK REES, TOWN MANAGER WILL SPEAK TO ARTICLE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
58
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 27. Petition the General Court - Amend Chapter 2 Section 2 of the Charter for the Town
of North Andover-Warrants. To see if the Town will vote to authorize the Board of Selectmen to
Petition the General Court to amend Chapter 2 Section 2 of the Charter for the Town of North Andover
by deleting Section 2-2 in its entirety and now reads:
Chapter-2-2 The warrant for each town meeting shall be closed not more than sixty days, but
at least forty-five days prior to the date for the meeting, provided that by unanimous vote, the Board of
Selectmen may reopen the warrant in cases of emergency.
And further vote to add new Section 2-2 to read: The warrant for the Annual Town Meeting shall be
closed not more than 75 (SEVENTY-FIVE) days, but at least (40)forty days prior to the date for the
meeting, provided that by unanimous vote, the Board of Selectmen may reopen the warrant in cases of
emergency. The warrant for any Special Town Meeting shall be closed not more than 40 but at least 20
days prior to the date of the meeting; or take any other action relative thereto.
Petition of the Town Clerk
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 27. PETITION THE GENERAL COURT - AMEND CHAPTER 2 SECTION 2 OF
THE CHARTER FOR THE TOWN OF NORTH ANDOVER-WARRANTS.
MOTION: MOVE TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: JOYCE BRADSHAW-TOWN CLERK
PRESENTATION FORMAT: VERBAL
NOTES: MR. MODERATOR: IF VOTE IS NOT UNANIMOUS - PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE PETITION.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 28. Petition the General Court - Amend Chapter 2 Section 4 of the Charter for the Town
of North Andover-Warrants. To see if the Town will vote to Petition the General Court to amend
Chapter 2 Section 2-4 Warrants of the Charter for the Town of North Andover by deleting section 2-4
which now reads:
2-2-4 The warrant for each special town meeting town shall be published in a newspaper of
general circulation within the town at least seven days prior to the meeting.
And vote to further amend by adding a new section 2-4 to read: The warrant for each Special Town
Meeting shall have a summary of each article prepared by the Town Clerk, published in a newspaper of
general circulation at least seven days prior to the meeting. Said publication shall contain where copies
of the full warrant text can be obtained, viewed, or requests for mailing be sent; or take any other action
relative thereto.
Petition of the Town Clerk
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 28. PETITION THE GENERAL COURT - AMEND CHAPTER 2 SECTION 4 OF
THE CHARTER FOR THE TOWN OF NORTH ANDOVER-WARRANTS.
MOTION: MOVE TO ADOPT ARTICLE 28 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: JOYCE BRADSHAW - TOWN CLERK
PRESENTATION FORMAT: VERBAL
NOTES: MR. MODERATOR: IF VOTE IS NOT UNANIMOUS - PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE PETITION.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 29. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of the
Charter for the Town of North Andover. To see if the Town will vote to authorize the Board of
Selectmen to Petition the General Court to Amend Chapter 7 Section 8.1 of the Charter for the Town of
North Andover by deleting in the first sentence "three members" and replacing with"five members"; or
take any other action relative thereto.
MOTION: MOVE TO ADOPT ARTICLE 29 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: NO RECOMMENDATION
MOTION PRESENTER: WENDY D. WAKEMAN, CHAIRMAN
NOTES: MR. MODERATOR: IF VOTE IS NOT UNANIMOUS — PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE PETITION.
PRESENTATION FORMAT: VERBAL
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 30. Accept Provisions of Chapter 137 (Section 1) of the Acts of 2003 —Public Employees
Serving in the Armed Forces of the United States. To see if the Town will vote to accept the
provisions of Chapter 137 (Section 1) of the Acts of 2003; or to take any other action relative thereto.
ARTICLE 30. ACCEPT PROVISIONS OF CHAPTER 137 (SECTION 1) OF THE ACTS OF
2003 — PUBLIC EMPLOYEES SERVING IN THE ARMED FORCES OF THE UNITED
STATES.
MOTION: MOVE TO ADOPT ARTICLE 30 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: WENDY D. WAKEMAN, CHAIRMAN
PRESENTATION FORMAT: VERBAL
NOTES: SELECTMAN SMEDILE WILL SPEAK TO ARTICLE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 31. Accept the Provisions of Massachusetts General Laws Chapter 41, Section 100B —
Indemnification of Retired Police Officers and Firefighters. To see if the Town will vote to accept
the provisions of Massachusetts General Laws Chapter 41, Section 100B; or to take any other action
relative thereto.
ARTICLE 31. ACCEPT THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS
CHAPTER 41, SECTION 100B — INDEMNIFICATION OF RETIRED POLICE OFFICERS
AND FIREFIGHTERS
MOTION: MOVE TO ADOPT ARTICLE 31 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: MARK BEES, TOWN MANAGER
PRESENTATION FORMAT: VERBAL
NOTES: RAYMOND SANTILLI, HUMAN RESOURCE DIRECTOR WILL SPEAK TO
ARTICLE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 32. Amend Chapter 115 Section 5 of the Town of North Andover By Laws "Garbage,
Rubbish and Refuse" - Refuse Restricted Activity. To see if the Town will vote to amend Chapter
115 of the Code of the Town of North Andover in Section 5 Refuse Restricted Activity as follows:
To delete the first paragraph of Section 115-5 and replace it with the following paragraph:
To maintain compliance with the State solid waste facility regulation 310 CMR 19.017 the Town of
North Andover enacts a mandatory bylaw which states that the following will not be allowed in the
garbage, rubbish and refuse/trash:
To insert the following paragraph at the end of Section 115-5:
Single Resin Narrow necked plastic — All narrow-necked plastic containers of any resin type. In
narrow-necked containers the diameter of the opening is smaller than the diameter of the base
(e.g., a soda bottle is "narrow-necked", but a yogurt container is not).
Recyclable Paper — all paper, cardboard, and paperboard products (e.g office paper, newspaper,
unwaxed cardboard and cereal boxes) excluding tissue paper, toweling, paper plates, cups, and
other low-grade paper products which become unusable to paper mills as a result of normal
intended use. (e.g. used paper towels).
Cathode Ray Tubes (CRT's) — Any intact, broken, or processed glass tube used to provide the
visual display in televisions, computer monitors and certain scientific instruments such as
oscilloscopes. (3 10 CMR 19.006)
Department of Public Works
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ARTICLE 32. AMEND CHAPTER 115 SECTION 5 OF THE TOWN OF NORTH ANDOVER
BY LAWS "GARBAGE, RUBBISH AND REFUSE" - REFUSE RESTRICTED ACTIVITY.
MOTION: MOVE TO ADOPT ARTICLE 32 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
MOTION PRESENTER: J. WILLIAM HMURCIAK-DPW DIRECTOR
PRESENTATION FORMAT: VERBAL
NOTES: TINA KLEIN, SOLID WASTE ADVISORY COMMITTEE WILL SPEAK TO
ARTICLE.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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Article 33. Petition the Legislature-Amend Town Charter — New Section 10 — Citizen
Participation Mechanisms (Right of Initiative Petition and Right of Referendum). To see if the
Town will vote to authorize the Board of Selectmen to petition the Massachusetts Legislature to Amend
Chapter 2 of the Charter for the Town of North Andover by adding the following section as described
below, beginning with Section 10 Citizen Petition Mechanisms; or take any other action relative
thereto.
Furthermore, this Amendment will be subsequently subject to approval by a favorable vote of the
inhabitants of the Town of North Andover qualified to vote in elections and town affairs, at the next
annual town election after Legislative approval. The question approving the Amendment shall appear
on the ballot substantially the same as outlined in MGL, Chapter 4313: Section 11.
Section 10 Citizen Participation Mechanisms
2-10-1 Right of Initiative Petition; Initiative Procedures.
Registered voters of the town may, by initiative petition propose to any annual or special town meeting
the passage of a measure and, if such measure not be passed by said town meeting, may cause such
measure to be submitted to the voters of the town for their approval thereof as hereinafter provided.
However, no measure shall be proposed by initiative petition hereunder which: (1) makes a specific
appropriation of money from the treasury of the town or other than an appropriation to pay for the costs
of a study, (2) amends the zoning map or zoning by-laws of the town, (3) increases taxes or fees, or (4)
proposed the submission to the voters of the town of an amendment to the charter.
An initiative petition shall set forth the full text of the measure proposed by the petitioners, and shall be
signed by not less than one hundred registered voters of the town each of whom shall sign his or her
name and record his or her address on the petition as they appear on the list of registered voters. The
initiative petition shall be submitted to the Town Clerk prior to the town meeting deadline for warrant
articles. Upon certification of signatures, Town Clerk shall forward the initiative petition to Town
Counsel.
If Town Counsel certifies that the measure proposed by the initiative petition does not conflict with the
constitution or laws of the Commonwealth, and that it includes only subjects not excluded from the
initiative by this section, the initiative petition shall then be filed by him with the Board of Selectmen,
who shall cause the measure proposed therein to be included in the warrant for the annual or special
town meeting as an initiative article, so designated; provided, however, that if the Town Counsel shall
fail, within ten days following his receipt of an initiative petition, to notify the Board of Selectmen in
writing of his reasons for not certifying the petition, that petition shall been deemed to have been
certified by him, and the Board of Selectmen shall cause the measure therein proposed to be included in
the warrant as an initiative article, so designated.
Whenever an initiative article is included in the warrant for an annual or special town meeting, the
moderator shall give to the first named signer of the initiative article, or his designee, the privilege of
making the first motion under the initiative article, which shall be in the words of the proposal in the
article.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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The moderator shall not accept any amendments or substitute motions without the express approval of
the person offering the first motion under the initiative article. Action under an initiative article shall be
taken by majority, two-thirds or such other vote as may be required by the nature of such action under
applicable state laws.
If such annual or special town meeting shall dissolve without having adopted, enacted, or voted passage
of the motion presented under an initiative article, but if at least one-fifth of the total number of town
meeting voters voting upon the motion shall have voted in the affirmative, the original petitioners of the
initiative article may complete their petition by filing with the Board of Selectmen an additional number
of signatures of registered voters of the town which, when combined with the signatures of the original
petitioners, will equal in number not less than fifteen percent of the total number of persons registered to
vote in the town. Each additional signatory voter shall sign his or her name, and record his or her
address upon the petition as they appear on the list of registered voters, and all such additional signatures
shall be gathered not earlier than the day after which the town meeting dissolved, and shall be filed with
the Board of Selectmen as set forth above not later than sixty days, exclusive of Sundays and legal
holidays, following the dissolution.
If the annual or special town meeting shall have adopted, enacted or voted passage of any other separate
motion as an alternative to the initiative article motion, such other motion to be designated an alternative
motion by Town Counsel, the original petitioners of the initiative article may in like manner complete
their initiative petition by filing with the Board of Selectmen an additional number of signatures, all as
provided in the next paragraph:
Within ten days after the filing of the completed initiative petition, the Selectmen shall issue a call for a
special election, which shall be held within thirty days after the issuing of that call, for the purpose of
presenting to the voters the measure proposed in the initiative petition which has been acted upon
unfavorably by the town meeting, and any alternative measure which may have been adopted by the
town meeting, provided, however, that the election shall not be held during the exclusionary period from
June 30th to September 7th. In the event a special election has been scheduled during this exclusionary
period for other reasons, then the exclusionary period will not apply and the special election for the
initiative petition measure will be held on the same date as the other scheduled special election. Both
the initiative petition measure and any alternative measure shall appear upon the ballot to be voted upon
by the voters, and shall be stated in the same language and form used in the motions acted upon by the
town meeting.
If a majority of the voters shall vote in the affirmative, with at least twenty percent of the registered
voters voting, on either the initiative article motion or upon the alternative motion, the measure voted
upon in the affirmative by the number of voters thus required, or the measure receiving the larger
number of votes if conflicting measures are approved shall take effect immediately or at such later time
as may be specified in the measure, or if it be a by-law subject to the approval of the Attorney General,
it shall take effect subject to Section 32 of Chapter 40 of the General Laws; provided, however, that any
measure the passage of which shall by law require a two-thirds affirmative vote in a town meeting shall,
if proposed by an initiative petition, or if it be an alternate measure adopted by the town meeting, shall
require the affirmative vote of two-thirds of the voters voting at the special election called under this
section. Any measure proposed by initiative petition, or adopted by affirmative vote of the town
meeting, and approved by the voters of the town under this section shall, after a period of 12 months, be
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subject to amendment, revision or repeal by town meeting, providing that such action does not conflict
with the constitution or laws of the Commonwealth.
No provision in this section shall negate or in any way limit the right of ten or more registered voters to
have an article inserted in the annual town meeting warrant at their written request, or the right of one
hundred registered voters of the town to have an article inserted in a special town meeting warrant at
their written request, all as provided for in Chapter 39, Section 10, of the General Laws.
No provision in this section shall negate in any way the Massachusetts General Laws, North Andover
Charter and North Andover Bylaws governing the conduct and other requirements of special and annual
town meetings.
2-10-2 Right of Referendum; Referendum Procedures
A vote passed at any town meeting authorizing the expenditure of fifty thousand dollars or more as a
special appropriation, or establishing a new board or office or abolishing an old board or office merging
two or more boards or offices, or fixing the term of office of town officers, where such term is optional,
or increasing or reducing the members of a board, or adopting a new by-law, or amending an existing
by-law, shall not be operative until after the expiration of ten days, exclusive of Sundays and holidays,
from the dissolution of the meeting. If, within ten days, a petition, signed by not less than three percent
of the registered voters of the town, containing their names and addresses as they appear on the list of
registered voters, is filed with the selectmen asking that the question or questions involved in such a vote
be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five
days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at
large the question or questions so involved. The polls shall be opened at seven o'clock in the morning
and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so
submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the
same manner as in the election of town officers. The questions so submitted shall be determined by a
majority vote of the registered voters of the town voting thereon, but no action of the town meeting shall
be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so
submitted shall be in the form of the following question, which shall be placed upon the official ballot: -
- "Shall the town vote to approve the action of town meeting whereby it was voted (brief description of
the substance of the vote and by what vote thereon if such vote was tabulated)?" If such petition is not
filed within the period of ten days, the vote of the town meeting shall become operative and effective
upon the expiration of said period. Absent voter ballots shall be used at such election in accordance
with the provisions of chapter fifty-four; or take any other action relative thereto.
Petition of Albert F. Movsesian and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 33. PETITION THE LEGISLATURE-AMEND TOWN CHARTER - NEW
SECTION 10 - CITIZEN PARTICIPATION MECHANISMS (RIGHT OF INITIATIVE
PETITION AND RIGHT OF REFERENDUM).
MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: UNFAVORABLE ACTION
MOTION PRESENTER: ALBERT F. MOVSESIAN-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: CHAIRMAN WAKEMAN WILL SPEAK TO ARTICLE.
MODERATOR MAY DEFER TO OTHER MODERATOR.
NOTES: JAB - I HAVE SENT THE TEXT OF THIS ARTICLE TO THE ELECTIONS
DIVISION FOR REVIEW OF STATUTES.
MR. MODERATOR: IF VOTE IS NOT UNANIMOUS-PLEASE DO HAND COUNT AS THIS
IS A LEGISLATIVE PETITION.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Article 34. Amend Chapter 170 (Underground Utilities) of the General Bylaws by expanding
the definition of Old Common Area. To see if the Town will vote to amend paragraph D of Section 3
of Chapter 170 — Underground Utilities Bylaw by inserting after "Old Common" the words "Area:
along the former Essex Street from Academy Road to Great Pond Road;"; or to take any other action
relative thereto.
Chapter 170, Section 3, Paragraph D now reads:
D. Old Common: along Osgood Street from Bay State Road to the intersection of Andover
Street. Along Andover Street from Academy Road to the intersection with Chestnut
Street, along Massachusetts Avenue from 200 feet northwest of the intersection with
Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street
and along Great Pond Road from Academy Road 200 feet to the east toward Stevens
Street. [Added by Article 21 2001 Annual Town Meeting. Approved by Attorney
General September 12, 2001]
Amended Section D to read:
D. Old Common Area: along the former Essex Street from Academy Road to Great Pond
Road; along Osgood Street from Bay State Road to the intersection of Andover Street.
Along Andover Street from Academy Road to the intersection with Chestnut Street, along
Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street
through the Old Center to Salem Street and Johnson Street to Milk Street and along Great
Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by
Article 21 2001 Annual Town Meeting. Approved by Attorney General September 12,
2001]; or to take any other action relative thereto.
Petition of Keith A. Mitchell and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 34. AMEND CHAPTER 170 (UNDERGROUND UTILITIES) OF THE
GENERAL BYLAWS BY EXPANDING THE DEFINITION OF OLD COMMON AREA.
MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: FAVORABLE ACTION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: KEITH MITCHELL-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: RAYMOND SANTILLI - ASSISTANT TOWN MANAGER WILL SPEAK TO
ARTICLE IF NEEDED.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Article 35. Petition the General Court - Authorization of Utility Easement — Drummond
Playground. To see if the Town of North Andover will vote to authorize the Board of Selectmen to
grant a utility easement to Massachusetts Electric Company on a parcel of land situated on the
southwesterly side of Johnson Street, being shown on Assessor's Map 96 as Lot 32 with the easement
being shown on a plan described as "North Andover OH to UG Commons Project" which is on file with
the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the Town of
North Andover and authorize a petition to the Massachusetts Legislature for special legislation to
accomplish the foregoing; or to take any other action relative thereto.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 35. PETITION THE GENERAL COURT - AUTHORIZATION OF UTILITY
EASEMENT-DRUMMOND PLAYGROUND.
MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: KEITH MITCHELL OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: MR. MODERATOR: IF VOTE IS NOT UNANIMOUS - PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE PETITION.
RAYMOND SANTILLI ASSISTANT TOWN MANAGER WILL SPEAK TO THE ARTICLE IF
NEEDED.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Article 36. Petition the General Court - Authorization of Utility Easement — Town Common
Area. To see if the Town of North Andover will vote to authorize the Board of Selectmen to grant a
utility easement to Massachusetts Electric Company and Comcast of Massachusetts on a parcel of land
situated on the northeasterly side of Osgood Street, the southwesterly side of Massachusetts Avenue, and
the northerly side of Andover Street, being shown on Assessor's Map 59 as Lot 19 with the easement
being shown on a plan described as "North Andover OH to UG Commons Project" which is on file with
the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the Town of
North Andover and authorize a petition to the Massachusetts Legislature for special legislation to
accomplish the foregoing; or to take any other action relative thereto.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 36. PETITION THE GENERAL COURT - AUTHORIZATION OF UTILITY
EASEMENT- TOWN COMMON AREA.
MOTION: MOVE TO ADOPT ARTICLE 36 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: KEITH MITCHELL OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: MR. MODERATOR: IF VOTE IS NOT UNANIMOUS - PLEASE DO HAND
COUNT AS THIS IS A LEGISLATIVE PETITION.
RAYMOND SANTILLI ASSISTANT TOWN MANAGER WILL SPEAK TO THE ARTICLE IF
NEEDED.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
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Article 37. A Plan for Beaver Control and Associated Bylaw. To see if the Town of North
Andover will vote at Town Meeting to accept a plan as set out in the Beaver Flow Chart. This plan can
be added to from time to time as needed.
This plan is intended to be a long-term management plan for land owners and the Town to
address beaver and flooding problems.
The definition of land owner is: Any person or persons owning land in the Town of North
Andover.
This plan will call for the Town of North Andover to inspect and maintain all brooks and streams
within the watershed area of Lake Cochichewick.
The Department of Public Works shall maintain all waterways near sewer pumping stations.
They shall have the right to remove any and all materials that may impact these pumping stations. In the
event that a beaver dam or any other type of dam is constructed in or upon such brook or stream, they
will notify the Conservation Commission and the Board of Health. The area below such dams shall be
inspected, before removal of dams or obstructions, to prevent flooding of property or homes.
A home owner or land owner may enter into a long-term agreement with the Board of Health and
Conservation Commission to maintain said owners property. This agreement shall be a written
document, signed by the Board of Health and the Conservation Commission. The agreement shall be
made by the land owner and any expense incurred thereof shall be paid by the land owner. Should an
agreement be made, and a property sold, it can be updated with the Town.
This plan is not intended to interfere, reduce, or transfer jurisdiction from one department to
another on a long-term basis. State law will apply in all situations.
If an agreement is applied for by a land owner that may have an impact on another, each owner
must sign off on the agreement. The person asking for the agreement must get the sign off
A copy of the agreement shall be kept on file with the Board of Health, the Conservation
Commission, and the Department of Public Works. A land owner may, at their own expense, record
such agreement at the Registry of Deeds, in compliance with state law.
In the event there is a dispute between land owners, the discretion of the division of government
having jurisdiction by law will apply.
This plan shall be added to the current Code of the Town of North Andover as maintained by the
Office of the Town Clerk; or to take any other action relative thereto.
Petition of David C. Rand and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 37. A PLAN FOR BEAVER CONTROL AND ASSOCIATED BYLAW.
MOTION:
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: UNFAVORABLE ACTION
MOTION PRESENTER: DAVID C. RAND-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
FROM THE MODERATOR:
NOTE TO PARTICIPANTS
THE MODERATOR RECOMMENDS THAT THE FINANCE
COMMITTEE AND PLANNING BOARD EXCHANGE PLACES AS
THE MAJORITY OF FUTURE ARTICLES INVOLVE THEIR
PARTICIPATION.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Article 38. Amend Zoning Bylaw— Section 4.2 Phased Development. To see if the town will
vote to amend the Zoning Bylaw of the Town of North Andover by deleting Section 4.2 Phased
Development in its entirety and replacing it with the following:
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.
(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 substantial
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) "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, or by the provision of MGL, s. 40A, c. 6.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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(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
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2004 ANNUAL TOWN MEETING MOTION BOOK
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(a) Building permits for new dwelling units shall be authorized 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) The number of lots eligible for building permits in the first year of the development shall be
prorated 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.
(c) 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.
(d) 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.
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iii. All Phased Development Schedules with approved authorization shall be recorded with the
application approval decision with the Town Clerk. No building permits shall be issued
pursuant to the schedule until the applicant records 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 sole and 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 in perpetuity 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 in perpetuity 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, and as determined and approved by the North
Andover Planning Board 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
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
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.
9. Expiration
The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of Town Meeting,
before said date, the provisions of this Section 4.2 may be extended from an additional four (4) years
in order to continue municipal comprehensive planning studies necessary to promote orderly growth.
In the event said action is taken by Town Meeting prior to July 1, 2009, these provisions shall be
construed to have lapsed on such date; or to take any other action relative thereto.
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ARTICLE 38. AMEND ZONING BYLAW- SECTION 4.2 PHASED DEVELOPMENT.
MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORBALE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES- CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: EXPLANATION IN PLANNING BOARD REPORT
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Article 39. Amend Zoning Bylaw — Delete Section 8.7 Growth Management. To see if the
Town will vote to amend the Zoning Bylaw by deleting Section 8.7, Growth Management Bylaw; or to
take any other action relative thereto.
Petition of the Planning Board
ARTICLE 39. AMEND ZONING BYLAW — DELETE SECTION 8.7 GROWTH
MANAGEMENT.
MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT AND
DELETE SECTION 8.7 GROWTH MANAGEMENT BYLAW OF THE NORTH ANDOVER
ZONING BYLAW.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES — CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: THE CURRENT BYLAW SECTION 8.7 NOW READS: SEE BELOW
8.7 GROWTH MANAGEMENT
1. INTENT AND PURPOSE
This Section 8.7 is adopted pursuant to the provisions of M.G.L., c. 40A and the Home Rule
Amendment, Article 89 of the Massachusetts Constitution, for the following purposes:
a) to ensure that growth occurs in an orderly and planned manner, at a rate that can be
supported by Town services, while avoiding large year to year variations in the
development rate;
b) to allow the Town time to update its Master Plan and to provide the Town with time to
study the effect of growth on the municipality's infrastructure, character and municipal
services;
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2004 ANNUAL TOWN MEETING MOTION BOOK
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c) to allow the Town time to study, plan for, and provide an additional source of water;
d) to relate the timing of residential development to the Town's ability to provide adequate
public safety, schools, roads, municipal infrastructure, and human services at the level of
quality which citizens expect, and within the Town's ability to pay under the financial
limitations of Proposition 2 1/2.
e) to preserve and enhance the exiting community character and value of property; and
f) to allow departures from the strict application of the growth rate measures herein in
order to encourage certain types of residential growth which address the housing needs of
specific population groups or which provide significant reductions in the ultimate
residential density of the Town.
2. APPLICABILITY, EFFECT AND DEFINITIONS
a) No building permit shall be issued for a new dwelling unit between May 6,1996 and July
1,1996 unless exempted by Section 8.7(6) herein.
b) Beginning on July 1, 1996 , no building permit for a new dwelling unit or units shall be
issued unless in accordance with the regulations of this Section 8.7 or unless exempted by
Section 8.7(6) herein.
C) The provisions of this Section 8.7 shall expire on July 1, 2003; however, by a vote of
Town Meeting before said date, the provisions of this Section 8.7 may be extended for
an additional five years in order to continue municipal comprehensive planning studies
necessary to promote orderly growth. In the event such action is taken by Town Meeting
prior to July 1, 2003 these provisions shall not be construed to have lapsed on such date.
d) For the purposes of this Section 8.7 , the following terms shall have the following
meaning:
i) "Growth Rate Limit" shall mean the maximum number of building permits that
may be authorized in one Year, which shall be 80 permits. The Growth Rate
Limit is based upon analysis of recent average growth rates and an analysis of the
Town's current and future ability to provide essential local services such as public
safety, schools, public works and human services. Units exempt under section
8.7(6) are included within the calculation of the Growth Rate Limit.
ii) "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 will be sought.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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iii) "Development Schedule" shall mean a schedule authorized by the Planning Board
in accordance with Section 8.7(4), which outlines the maximum building permit
issuance per development.
iv) "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.
v) "Year" shall mean the period beginning July 1 and ending June 30.
3. PLANNED GROWTH RATE
a) The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units per
year. In no case, however, shall the number of nonexempt building permits issued be
reduced below 60 permits in any one year period.
b) Whenever the number of building permits issued for new dwelling units exceeds the
applicable Growth Rate Limit, the Building Inspector shall not issue building permits for
any additional dwelling unit or units unless such unit or units are exempt from the
provisions of this Section 8.7 under subsection 8.7(6) below.
c) Building permits authorized under a Development Schedule, but not issued during the
scheduled period set forth in Section 8.7(4) shall not be counted in computing the
applicable Growth Rate Limit. Building permits issued, but subsequently abandoned
under the provisions of the State Building Code, shall not be counted in computing the
applicable Growth Rate Limit.
4. DEVELOPMENT SCHEDULING
a) This Section 8.7(4) shall apply to the following types of development which would result
in the creation of new dwelling units; (a) definitive subdivision plans, (b) plans subject
to M.G.L. c.41, s.81P (ANR); (c) special permits.
b) In addition to the types of development described in paragraph 8.7(4)(a), the Planning
Board is authorized, upon request from the Developer, to approve a development
schedule for any other building lot or dwelling unit, specifying the month and year in
which such lot/unit shall be eligible for a building permit.
c) Dwelling units shall be considered as part of a single development, for purposes of
development scheduling, if located on either a single parcel or on a set of contiguous
parcels of land held by a Developer in common ownership, regardless of form, at any
time on or after the date of adoption of this bylaw.
d) Where consistent with the applicable Growth Rate Limit, building permits for the
construction of new residential units in types of development set forth in Section
8.7(4)(a), shall be authorized only in accordance with the following table:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Number of New dwelling Maximum Number of
units in development building permits for
new dwelling units per Year
1-5 (Total in Development)
6-10 5
11-20 6
21-30 7
31-40 8
41-54 9
55-80 10
More than 80 12.5% of Total in Development
Notwithstanding that a Development Schedule has been approved and recorded, the Planning
Board shall not be required to authorize the issuance of the stated maximum number of building
permits if the issuance of such permits would result in exceeding the Growth Rate Limit.
Adoption of a Development Schedule shall not be construed as a commitment to issue building
permits. The Planning Board shall not establish any Development Schedule which phases
development for longer than a 10 year period.
5. PROCEDURES FOR DEVELOPMENT SCHEDULES
a) No building permits for new dwelling units shall be issued until the Development
Schedule has been recorded and a certified copy of the Development Schedule has been
filed with the Planning Board.
b) Upon transfer of any lot or unit in the types of development subject to development
scheduling, the deed shall reference the Development Schedule and state the earliest date
on which construction may be commenced in accordance with the provisions of this
bylaw.
C) In order to be equitable to all Developers no more than 20% of the total available
building permits under section 8.7(3)(a), in any Year, will be issued to any one
Developer.
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d) Procedures for development schedules shall be in accordance with rules and regulations,
consistent with the provisions of this bylaw, to be adopted by the Planning Board on or
before July 1, 1996.
6. EXEMPTIONS
The following developments are specifically exempt from the Growth Rate Limit and Development
Scheduling provisions of this by-law. The issuance of building permits for these Developments shall
count toward the Growth Rate Limit of 80 permits in a Year. Except that permits issued under
subsection (a) below shall not count towards the Growth Rate Limit of 80 permits in a Year.
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) All lots created prior to May 6, 1996 are exempt from the provisions of this Section 8.7
of the Zoning Bylaw.
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 Program as administered by the Executive Office of Communities and
Development;
ii) The affordable units are subject to a properly executed and recorded deed
restriction running with the land which 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, (buildable 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, 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 8.7 shall receive a one-time
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
exemption from the Planned Growth Rate and Development Scheduling provisions for
the purpose of constructing one single family dwelling unit on the parcel.
g) If at the time a Development is ready for building permits, (i.e. all other permits from all
other boards and commissions have been received and the project is in compliance with
those permits), and the Development Schedule does not accommodate issuing a building
permit in that Year, one building permit will be issued per Year per Development until
such time as the Development Schedule accommodates issuing building permits.
7. ZONING CHANGE PROTECTION
a) 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
a) 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 provisions of this by-law.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted Uses),
Paragraph 14. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw by
deleting the existing section 4.122.14 and replacing it with the following:
4.122.14 Residence 4 District (Permitted Uses)
a. One Family Dwelling.
b. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with
Sections 10.3 and 4.122.14.1 of this Bylaw.
c. The conversion of an existing one-family to a two-family dwelling, by special permit from the
Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1 of this Bylaw,
provided that conversion from a one-family to a two-family dwelling meets the following
additional requirements:
1. If a conversion involves increasing the size of an existing structure, the
expansion area shall not exceed 50% of the original building's gross floor area
up to a maximum of 1500 s.f.. The size of the second dwelling unit can never
exceed 1500 s.f.
2. There must be two parking spaces for each dwelling unit.
3. No parking/driveway shall be permitted within 10 feet of any lot line.
4. No garage or carport shall face the street unless it is located at least 10 feet
behind the front facade of the principal structure and in accordance with the
dimensional setbacks outlined in Table 2 of this Bylaw.
5. The converted structure shall meet all of the dimensional requirements of the R-
4 District identified in Table 2 of this Bylaw.
6. Stairways leading to the second or any higher floor shall be enclosed.
7. The principal building in a conversion to a two-family dwelling shall share a
connected common wall (or floor) for at least 75% of the wall's (or floor's)
surface. No unheated structure, no structure without foundation, and no
structure that is entirely or partially a garage shall be considered as meeting the
75% requirement.
8.
i.) The conversion of a one-family dwelling to a two-family dwelling must
not result in any portion of the post-conversion roofline height exceeding
the pre-conversion roofline height by more than five (5) feet.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ii.) The conversion of a one-family dwelling to a two-family dwelling must
not significantly increase or decrease the pitch of any additional post-
conversion roof area.
9. Main entrances to the dwelling units shall be permitted only in the front of the
structure.
d. The conversion of an existing dwelling to accommodate not more than five (5) residential units,
by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and
4.122.14.1 of this Bylaw. The conversion of a single family dwelling to a two-family dwelling
must comply with the provisions of Sections 10.3, 4.122.14.c. and 4.122.14.1.
14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or
Multi-Family Conversions.
a. The Zoning Board of Appeals may approve a special permit for a proposed use of a building,
dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon finding that the application
complies with the purposes of this Bylaw, and is consistent with the use of the site for the purpose
permitted within the Residential 4 District. In making its decision, the Zoning Board shall consider
the following criteria in addition to those listed in Section 10.31:
1. Consistency with the North Andover Master Plan.
2. The degree to which the proposed use furthers the Town's interest in providing a range of
housing types, where applicable.
3. The degree to which the application addresses the following design standards:
i) Achieve compatibility with the established pattern of uses in the district. The Residential
4 District consists primarily of single-family dwellings near the Stevens Memorial
Library Area and off of Massachusetts Avenue, and more compact neighborhoods with a
mix of residential uses toward Waverly Road. New construction or substantial alteration
of buildings must compliment and reinforce the design features of these neighborhoods.
ii) Achieve design compatibility with architectural features and exterior materials of
surrounding structures.
iii) Preserve existing structures of historic value. Buildings, dwellings or structures listed on
the National Register of Historic Places or the State Register, and are more than 50 years
old as of the date of application for a special permit, may be converted, constructed,
reconstructed, restored or altered only in a manner that maintains or promotes their status
as listed or eligible historic resources. For purposes of zoning compliance, additions or
alterations that adhere to the U.S. Secretary of the Interior's Standards for the Treatment
of Historic Properties will generally be presumed to maintain or promote such status.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
iv) Preserve established, mature vegetation.
b. The right to apply for a special permit to convert an existing dwelling shall extend to any dwelling to
be converted for use as a dwelling of not more than five (5) residential units, and meeting all
requirements of the State and Town Statutes and Bylaws, including the Health Codes, Building
Codes, Zoning Laws and Zoning Bylaws. Proof of ownership must be supplied with the application.
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 40. AMEND ZONING BYLAW SECTIONS 4.122 RESIDENCE 4 DISTRICT
(PERMITTED USES), PARAGRAPH 14.
MOTION: MOVE TO ADOPT ARTICLE 40 AS PRINTED IN THE WARRANT WITH THE
FOLLOWING AMENDMENT: DELETE IN 4.122.14 RESIDENTIAL 4 DISTRICT SECTION
C. 9. "MAIN ENTRANCES TO THE DWELLING UNITS SHALL BE PERMITTED ONLY IN
THE FRONT OF THE STRUCTURE".
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL OR POWERPOINT (HG) IF NEEDED
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 41. Amend Zoning Bylaw Section 9.3 Pre-Existing Non-conforming Single and Two
Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3,
Residential 4 and Residential 6 Districts (NON-CONFORMING USES). To see if the Town will
vote to amend Section 9.3 of the North Andover Zoning Bylaw by changing the phrase "pre-existing
non-conforming single and two family residential structures" to "pre-existing non-conforming single
family residential structures" in titles and text in five (5) places, thus eliminating pre-existing non-
conforming two family residential structures from the provisions of this section. Amended Section 9.3
to read as follows Existing Non-conforming Single Family Residential Structures and Uses in the
Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts:
a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming
single family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed,
extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building
Commissioner) that such change, extension, or alteration shall not render the structure more non-
conforming than the existing structure. Upon such determination, a building permit may be
issued where applicable. The following circumstances shall be deemed not to increase the
nonconforming nature of said structure:
1.Alteration of a structure which complies with all current yard setbacks, building coverage,
and building height requirements but is located on a lot with insufficient area, where the
structure after alteration will comply with all of current Bylaw requirements except for
lot area.
2.Alteration to a structure which complies will all current yard setbacks,
building coverage, and building height requirements but is located on a lot with insufficient
frontage, where the structure after alteration will comply with all of current Bylaw
requirements except for frontage.
3.Alteration to a structure which encroaches upon one or more required yard setbacks, where
the structure after alteration will comply with all current bylaw requirements except for
yard setbacks (the provisions of this clause shall apply regardless of whether the lot
complies with current area and frontage requirements).
4.Alteration of a structure which encroaches upon one or more required yard setbacks, where
the altered part of the structure will comply with all current yard setbacks, or the
alteration is to the side or face of the structure which encroaches upon a required yard
setback, and the alteration does not further encroach upon the required yard setback. In
either case, the altered structure must comply with current building coverage and building
height requirements (the provisions of this clause shall apply regardless of whether the lot
complies with current area and frontage requirements).
5.Alteration to a nonconforming structure which will not increase the footprint of the existing
structure provided that existing height restrictions shall not be exceeded.
In the event that the Zoning Enforcement Officer (Building Commissioner) determines that the
nonconforming nature of such structure would be increased by the proposed extension,
alteration, or change, the Zoning Board of Appeals may, by special permit, allow such extension,
alteration, or change where it determines that the proposed modification will not be substantially
more detrimental than the existing nonconforming structure to the neighborhood.
b. Pre-existing Nonconforming Single Family Structures: No portion of this Section
9.3, Pre-Existing Non-Conforming Single Family Structures and Uses in the Residential 1,
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Residential 2, Residential 3, Residential 4 and Residential 6 Zoning Districts shall be construed
to allow for any uses other than those expressly allowed as defined in each above listed zoning
district of the Zoning Bylaw.
Or to take any other action relative thereto
Petition of the Planning Board
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 41. AMEND ZONING BYLAW SECTION 9.3 PRE-EXISTING NON-
CONFORMING SINGLE AND TWO FAMILY RESIDENTIAL STRUCTURES AND USES IN
THE RESIDENTIAL 1, RESIDENTIAL 2, RESIDENTIAL 3, RESIDENTIAL 4 AND
RESIDENTIAL 6 DISTRICTS (NON-CONFORMING USES).
MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL OR POWERPOINT (HG) IF NEEDED
NOTES: HEIDI GRIFFIN WILL SPEAK TO ARTICLE IF NEEDED.
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 42. Amend Zoning Bylaw Add New Section 4.3 Section Residential Adaptive Re-Use
Special Permit. To see if the Town will vote to adopt a new Section, Section 4.3 Residential Adaptive
Re-Use Special Permit within the Town of North Andover Zoning Bylaw, as listed below:
Section 4.3, Residential Adaptive Re-Use Special Permit
1. Intent
The Residential Adaptive Re-Use Special Permit is hereby established as a Special Permit in the
R1, R2, R3 and R4 residential districts on lots that are directly contiguous to lots in non-residentially
zoned districts established by this Bylaw.
2. Purpose
The purpose of this special permit is to encourage the creative re-use and conversion of existing
residential structures adjacent to commercial and industrial parcels to a commercial use or mixed
use in order to preserve historical structures, provide for additional tax revenue for the Town,
provide flexibility to landowners, and to create a transition between residential and business areas.
3. Applicability/Eligibility
A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on the provisions
of Section 4.3(6) of this Bylaw, only if at the time of application (and based on the Zoning Map in
effect at that time) the subject lot is:
A) within the R1, R2, R3 and R4 districts; AND
B) is directly contiguous (i.e. directly touching and not separated by a roadway or another parcel)
to a parcel in a non-residential district (B1-B4, VC, GB, I1-3 and IS).
4. Permitted uses by Special Permit include:
A) Existing residential uses;
B) Multi-family dwelling;
C) Uses which involve historic materials or relate to the attraction provided by an historic
atmosphere, such as museums, local arts and crafts shops, antique shops, woodworking,
furniture repair, or restaurants;
D) Enterprises whose principal use is the sale of agricultural products, such as greenhouses,
orchards, nurseries, food co-ops, or farm products stores.
E) Enterprises whose principal use is the sale of products produced in North Andover, such as
local agricultural products or crafts;
F) Personal service office;
G) Professional offices;
H) Business offices;
I) Medical offices;
J) Community resources such as banks, churches, schools, or libraries;
K) Interior storage uses such as for boats or furniture; and
L) Any appropriate combination as determined by the ZBA of the uses stated above.
5. Performance Standards, Restrictions & Additional Requirements
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
A) Permitted uses shall be limited to the existing structures on the lot. However, in addition to
ZBA special permit approval for the proposed use, an applicant may apply to the ZBA for a
special permit to expand the size of the existing structures by up to 25% of the footprint of the
structure as it existed on the date of enactment of the Residential Adaptive Re-Use Special
Permit.
B) The use permitted by this Special Permit shall not be considered objectionable or detrimental
to the residential character of the neighborhood due to the exterior appearance, emission of
odor, gas, smoke, dust, noise, disturbance, or in any other way objectionable to or detrimental
to any residential use within the neighborhood
C) There will be no display of goods or wares visible from the street, with the exception of
locally produced agricultural goods.
D) There shall be no exterior alterations that are not customary or harmonious with the residential
character of the building.
E) Any additions to the structure above must comply with the setbacks and dimensional
requirements of the corresponding residential district and non-conforming uses must comply
with the requirements outline in Section 9 of this Bylaw.
F) No more than 25% of the existing structure may be demolished.
G) A minimum of 30% of the remaining lot area must remain permeable material such as, but not
limited to, vegetation, mulch, and trees, unless specifically waived by the Planning Board
during site plan review.
H) Any new parking must meet the current parking requirements as designated in Section 8.1,
Off Street Parking, shall be located to the rear or side of the building, and shall be screened
from the road and abutting properties to be compatible with the character of the neighborhood.
Screening shall consist of one or more of the following: fencing, vegetation, flora, deciduous
shrubs and/or trees.
I) The ZBA and Planning Board may grant special permits for prospective uses and site plans in
order that owners may renovate for approval for specific businesses or tenants. Evidence shall
be provided that the project is in accordance with the current North Andover Master Plan and
if applicable, with the guidelines set forth in The Secretary of the Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983)
(36CFR67) in terms of the rehabilitation of the building and its site.
6. Application and Approval Procedure
A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant must receive a
special permit from the North Andover ZBA approving the intended use and any proposed
expansion in accordance with Section 9.3(5) of this By-Law.
B) After such approval has been obtained from the ZBA, the applicant must obtain a Site Plan
Special Permit from the Planning Board as referenced in Section 8.3 of the Town of North
Andover Zoning Bylaw.
Or to take any other action relative thereto.
Petition of the Planning Board
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 42. AMEND ZONING BYLAW ADD NEW SECTION 4.3 SECTION
RESIDENTIAL ADAPTIVE RE-USE SPECIAL PERMIT.
MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL - ALBERTO ANGLES OR DESIGNEE WILL
SPEAK TO ARTICLE. POWERPOINT- (HG) IF NEEDED.
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Language. To
see if the Town will vote to amend Section 4.137 of the Zoning Bylaw of the Town of North Andover to
incorporate revisions suggested by FEMA, incorporating their model 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 addition of a new Section 7, Definitions. Section 4.137 should be deleted in its entirety
and replaced with the following language:
Amended Section 4.137 to read:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
Ensure public safety through reducing the threats to life and personal injury.
Eliminate new hazards to emergency response officials;
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution
due to flooding.
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;
Eliminate costs associated with the response and cleanup of flooding conditions;
Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND
FLOODWAY DATA
The Floodplain 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 District includes all
special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued
by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June
2, 1993 as Zone A, AE, AH, AO, A99, and the FEMA Flood Boundary & Floodway Map dated June 2,
1993, both maps which indicate the 100 year regulatory floodplain. The exact boundaries of the District
may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the
Flood Insurance study booklet dated June 2, 1993. The FIRM, Floodway Maps and Flood Insurance
Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board,
Building Official, and Conservation Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
Floodway Data. In Zone A, AH, 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 Director of the Division 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.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Base Flood Elevation Date. 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.
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 Director of 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, in consultation with the Director of Division of Public Works to
make that determination. If the Building Inspector, in consultation with the Director of 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.
4. 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 of relocation:
Notify in a riverine situation, the following of any alteration or relocation of a watercourse:
Adjacent Communities
Bordering States
NFIP State Coordinator
Massachusetts Office of Water Resources
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
FEMA Region I, Rm. 462
J.W. McCormick Post Office & Courthouse
Boston, MA 02109
5. REFERENCE TO EXISTING REGULATIONS
The Floodplain District is established as an overlay district to all other districts. All development in the
district, including structural and non-structural activities, whether permitted by right or by special permit
must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the
following:
Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard
areas (currently 780 CMR 3107.0 "Flood Resistant Construction");
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR
10.00);
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2004 ANNUAL TOWN MEETING MOTION BOOK
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Inland Wetlands Restriction, DEP (currently 302 CMR 6.00);
Coastal Wetlands Restriction, DEP (currently 302 CMR 4.00);
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15,
Title 5);
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.
6. OTHER USE/DEVELOPMENT REGULATIONS
Within zones AH and AO on the FIRM, adequate drainage paths are required around structures on
slopes, to guide floodwaters around and away from proposed structures.
b. Within Zones Al-30 and AE, along watercourses that have a regulatory floodway designated on
the North Andover FIRM of Flood Boundary & Floodway Map dated June 2, 1993; encroachments are
prohibited in the regulatory floodway which would result in any increase in flood levels within the
community during the occurrence of the base flood discharge. However, a registered professional
engineer may provide proof and certification to the Building Commissioner, in conjunction with the
Director of the Division of Public Works, demonstrating that such encroachments shall not increase
flood levels during the occurrence of the 100 year flood, and if both the Building Commissioner, in
conjunction with the Director of the Division Public Works approve this certification, such
encroachments shall not be deemed to be prohibited.
C. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S and 8 1 T [or
any revisions to the subdivision control law referencing the submission of preliminary or definitive
subdivision plans], respectively shall be designed so that: such proposals minimize flood damage; all
public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
adequate drainage is provided to reduce exposure to flood hazards. Existing contour intervals of site and
elevations of existing structures must be included on plan proposal;
The applicant shall circulate or transmit one copy of the development plan to the Conservation
Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for
comments which will be considered by the appropriate permitting board prior to issuing applicable
permits.
7. PERMITTED USES
The following uses of low flood damage potential and causing no obstruction 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:
Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
Forestry and nursery uses.
Outdoor recreational uses, including fishing, boating, play areas, etc.
Conservation of water, plants, wildlife.
Wildlife management areas, foot, bicycle, and/or horse paths.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or
sale of crops raised on the premises.
Buildings lawfully existing prior to the adoption of these provisions.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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8. DEFINITIONS. The following definitions are taken from the NFIP regulations and the
Massachusetts State Building Code, Section 3107.
AREA OF SPECIAL FLOOD HAZZARD 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 one percent chance of being equaled 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, and
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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) and is completed before the effective date
of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) means the agency that 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 (FIS) 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
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by a community.
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.
START OF CONSTRUCTION includes substantial improvement, and means the date the building
permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit date. The actual start
means either the first placement of permanent construction of a structure on site, such as the pouring of
slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavations; of the placement of a manufactured home on a foundation. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, or floor or other structural
part of the building, whether or not that alteration affects the external dimensions of the building.
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 DAMAGE means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
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2004 ANNUAL TOWN MEETING MOTION BOOK
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SUBSTANTIAL IMPROVEMENT means reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before
"start of construction" of the improvement. This term includes structures, which have incurred
"substantial damage", regardless of the actual repair work performed.
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 (for new and revised maps) 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 (for new and revised maps) 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.
Or to take any other action relative thereto.
Petition of the Planning Board
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2004 ANNUAL TOWN MEETING MOTION BOOK
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ARTICLE 43. AMEND ZONING BYLAW SECTION 4.137 DELETE AND REPLACE WITH
FEMA LANGUAGE.
MOTION: MOVE TO ADOPT ARTICLE 43 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - CHAIR PLANNING BOARD OR
DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
108
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 44. Amend Zoning Map Parcels fronting Waverley Road and Route 114 — Assessors
Map 27 Parcels 16,17,18,19,20,21,23,24,25,and 26. To see if the Town will vote to amend the Zoning
Map of the Town of North Andover for the following parcels fronting along Waverley Road and Route
114 (also known as Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten
residential parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41, and 47; and five
fronting on Waverly Road with street addresses of 768, 782, 792, 802 and 814, all parcels as shown on
the North Andover Assessors Map 27; as parcels 16, 17, 18, 19,20, 21, 23, 24, 25, 26. The amendment
of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of
Residential 4 to be replaced by the zoning district General Business GB. Said parcels as shown below;
or to take any other action relative thereto.
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Petition of Hector L. Rivera and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 44. AMEND ZONING MAP PARCELS FRONTING WAVERLEY ROAD AND
ROUTE 114-ASSESSORS MAP 27 PARCELS 16,17,18,19,20,21,23,24,25,AND 26.
MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: UNFAVORABLE ACTION
MOTION PRESENTER: HECTOR RIVERA-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
110
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 45. Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15
Planned Commercial Development District. To see if the Town will vote to amend the North
Andover Zoning Bylaw by adding a new section, Section 15 Planned Commercial Development District,
as follows:
SECTION 15—Planned Commercial Development District
15.1 OBJECTIVES
The Planned Commercial Development District is intended:
a. to allow considerable flexibility under a special permit in the development of tracts of land as
recommended in the Town of North Andover Master Plan in accordance the goals and
objectives in the Master Plan;
b. to allow a developer to propose a site development use and plan unique to a particular location;
c. to provide under the special permit process a mechanism for the Planning Board to evaluate the
potential impacts of a proposed development;
d. to permit a development which is compatible with the character of the Town and which benefits
economic development of the Town;
15.2 PERMITTED USES
a. The following uses are permitted:
i. Walk-In Bank: A free standing building with its own parking lots and excluding
drive-through windows.
ii. Business and other offices;
iii. All uses allowed in the R-4 Zoning District as set forth in Section 4.122 of the
Zoning Bylaw;
b. The following uses are allowed only by special permit pursuant to this Section 15 of the
Bylaw;
15.2.1. PRINCIPAL USES
i. Hotel or Motel (limited to one in each 2,000 linear feet of street or highway as measured
along the frontage);
ii. Restaurants where the business primarily serves food to be consumed in within the building
excluding "fast food and drive through" establishments; A fast food and drive through
establishment is defined as a restaurant characterized by a large carryout clientele; long hours
of service [some are open for breakfast, all are open for lunch and dinner, some are open late
at night or 24 hours]; and high turnover rates for eat-in customers.
iii. Retail uses, provided there is no outdoor storage or sale of materials or products;
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
15.2.2. ACCESSORY USES
ii. Eating and drinking establishments within an office building for use principally by those
employed within the structure;
iii. Private parking garages accessory to allowed principal uses;
iv. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a hotel
or motel for use principally by the guests of the hotel or motel. Public memberships to the
recreational facilities are not allowed.
V. No other uses shall be allowed.
15.3 DIMENSIONAL REGULATIONS
a. Residential
Dimensional requirements for the R-4 zone shall be as set forth in Summary of
Dimensional Requirements (Table II)
b. Commercial:
i. Minimum Lot Size: 150,000 s.f.
ii. Height Maximum: 35 feet (a hotel only may be constructed in height to a maximum of(60
feet);
iii. Street frontage: 300 feet
iv. Front setback: 100 feet with the first 50 feet as a vegetative
V. Side setback: 50 feet (except when directly adjacent to a residential use where it is 100 feet
with a 50 foot visual buffer)
vi. Rear setback: 50 feet (except when directly adjacent to a residential use where it is 100 feet
with a 50 foot visual buffer)
vii. Floor Area Ratio: 75:1
viii. Lot coverage: maximum of 25%
ix. Contiguous Buildable Area: 75% of minimum lot size.
15.4 SPECIAL PERMIT GRANTING AUTHORITY
The Planning Board shall be the Special Permit Granting Authority (SPGA) for the issuance of Planned
Commercial Development District Special Permits. No structures shall be placed, constructed or
modified within the Planned Commercial Development District without first obtaining a special permit
from the Planning Board. This Bylaw is intended to be used in conjunction with other regulations
adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use,
environmental protection, preservation of the rural character and the provision of adequate infrastructure
development in North Andover
15.4.1 Procedures for Obtaining a Planned Commercial Development District Special Permit in
accordance with Section 15.
A. Pre-Application Conference
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Prior to the submission of an application for a Planned Commercial District Special Permit, the applicant
is encouraged to confer with the Town Planner to obtain information and guidance regarding the
development of the parcel. After such initial consultation with the Town Planner, the applicant may
meet before the Planning Board at a public meeting. Such pre-application consultation shall be informal,
non-binding, and directed toward:
• Reviewing the basic concepts of the proposal;
• Reviewing the proposal with regard to the master plan and zoning bylaw;
• Explaining the state and local regulations that may apply to the proposal;
• Preliminary discussion shall not bind the applicant or the Board;
B. Submission of a Planned Commercial Development District Special Permit Application and Plan:
1. Procedures:
i. The applicant shall file eight (8) copies of the Planned Commercial Development District
Plan, supporting materials, filing and outside engineering review escrow fees, and three (3)
copies of the form titled "Planned Commercial Development District Special Permit
Application" to the Planning Board. The Town Planner shall certify that the plans and
materials submitted have been time stamped by the Town Clerks Office and meet the
submittal requirements.
ii. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town Clerk,
shall determine whether the proposed project is generally consistent with criteria of the
paragraph 15.1 of this Section. The Planning Board will review the plans during a public
hearing process and will receive comments from the public, other Town Departments, and
the applicant.
iii. The applicant must follow the procedures for obtaining a Special Permit as set forth in
Section 10.3 of the Zoning Bylaw.
iv. If applicable, the applicant must follow the procedures for Site Plan Review under Section
8.3, Site Plan Review.
2. Submission Requirements:
The Planned Commercial Development District plan shall include all of the information required under
Section 8.3 (5) of the Zoning Bylaw in addition to the following:
3. Minimum requirements:
The Plan, at a minimum, shall be subject to the following conditions. The Planning Board shall make a
determination that the project meets all of the following criteria:
a. The project is consistent with the objectives set forth in Paragraph 15.1.
b. The proposed project shall not generate traffic flows that, in the opinion of the Planning
Board, are excessive for the project location; further, ingress and egress for traffic flow
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
and traffic circulation within the project are designed properly so that there will be no
serious hazard to vehicles or pedestrians.
c. Adequate parking facilities are provided for each use and structure in the development.
d. Major facilities or functions are designed to be visually compatible with natural,
historical and neighborhood characteristics of the site.
e. The project does not adversely affect the natural environment to the detriment of
community character.
f. The project must meet the requirements of Section 8.10, Lot/Slope Requirements.
15.5 RELATION TO SUBDIVISION CONTROL ACT
Approval of a Planned Commercial Development District Special Permit hereunder shall not substitute
for compliance with the Subdivision Control Act, nor obligate the Planning Board to approve any related
definitive plan for subdivision, nor reduce any time period for Board consideration under that law.
However in order to facilitate processing, the Planning Board may insofar as practicable under existing
law, adopt regulations establishing procedures for submissions of a combined plan and application
which shall satisfy this section and the board's regulations under the Subdivision Control Act; or to take
any other action relative thereto.
Petition of Alberto Angles and others
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2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
ARTICLE 45. AMEND THE NORTH ANDOVER ZONING BYLAW BY ADDING A NEW
SECTION - SECTION 15 PLANNED COMMERCIAL DEVELOPMENT DISTRICT.
MOTION: MOVE TO ADOPT ARTICLE 45 AS PRINTED IN THE WARRANT WITH THE
FOLLOWING AMENDMENTS:
DELETE THE LANGUAGE OF SECTION 15.2 B. WHICH READS "THE FOLLOWING USES
ARE ALLOWED ONLY BY SPECIAL PERMIT PURSUANT TO THIS SECTION 15 OF THE
BYLAW" AND RELOCATE IT TO A NEW SECTION 15.2.1. A.
INCLUDE ART GALLERY AND FUNERAL PARLOR AS AN ALLOWED PRINCIPAL USE
IN SECTION 15.2.1. ART GALLERY SHOULD BE NUMBERED AS 15.2.1 (A.) (I1) AND
FUNERAL PARLOR SHOULD BE NUMBERED 15.2.1 (A.) (111). OTHER USES SHOULD BE
RENUMBERED ACCORDINGLY.
INCLUDE THE FOLLOWING USE UNDER PRINCIPAL USES, UNDER SECTION 15.2.1 (A)
(VI) "ONE MULTI-FAMILY STRUCTURE PER ACRE, NOT EXCEEDING 12 UNITS PER
STRUCTURE, MAY BE PERMITTED".
UNDER SECTION 15.4, SPECIAL PERMIT GRANTING AUTHORITY, REVISE THE
LANGUAGE OF THE SECOND SENTENCE SO AS TO NOW READ " NO STRUCTURES
ASSOCIATED WITH PRINCIPAL AND ACCESSORY USES SHALL BE PLACED,
CONSTRUCTED OR MODIFIED WITHIN THE PLANNED COMMERCIAL
DEVELOPMENT DISTRICT WITHOUT FIRST OBTAINING A PLANNED COMMERCIAL
DEVELOPMENT SPECIAL PERMIT FROM THE PLANNING BOARD.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - CHAIR OR DESIGNEE - POWERPOINT
(HG) IF NEEDED
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
115
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Article 46. Amend Zoning Bylaw Section 3.1 Establishment of Districts (Zoning
Districts and Boundaries) — Adding Planned Commercial Development District and Amending
Table 1 and Table 2 of the Zoning Bylaw. To see if the Town will vote to amend the North
Andover Zoning Bylaw by amending Section 3.1 Establishment of Districts, by adding the term
"Planned Commercial Development District" to the list of Districts; and amending Table 1 and Table
2 of the Bylaw to include the uses and dimensional requirements of the Planned Commercial
Development District. See tables.
Petition of Alberto Angles and others
116
2004 ANNUAL TOWN MEETING MOTION BOOK
MAY 10, 2004
Permitted Use Residential Business Industrial
R 1,2,3 R4 VR R5 R6 B1 B2 B3 B4 VC GB Il I2 I3 IS PCDD
Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y
Art Gallery N N N N SP Y Y Y Y Y Y Y Y Y N N
Auto Service Station* N N N N N N Y* Y* N N Y* N Y* N SP N
Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N Y N N N
Bus Garage N N N N N N N N N N Y N Y N Y N
Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y Y Y Y
Car Wash N N N N N N N N N Y Y N Y N N N
Congregate Housing N SP N N N N N N N N N N N N N SP
Continuing Care Retirement Center Y* N N N N N N N N N N N N N N N
Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N* N* N* SP SP*
Funeral Parlor N N N N SP N Y Y N Y Y N N N N N
Golf Course Y Y Y Y Y N N N N N N Y Y Y Y Y
Guest House N Y Y Y Y N N N N N N N N N N Y
Independent Edlerly Housing Y N N N N N N N N N N N N N N N
Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N N N N N
Indoor Ice Skating Facility N N N N N N N N N N N SP N SP N N
Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N Y N Y N
Manufacturing* N N N N N N N N N N N Y Y Y Y N
Medical Center* N N N N N N Y Y Y Y Y Y Y Y N N
Motel or Hotel N N N SP N N N N Y* N N N N N N SP*
Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N N N N SP
Municipal Recreation Area Y Y Y N Y N N N N N N N N N N Y
New Car Sales* N N N N N N N Y N N Y N N N N N
Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N N N N SP
One-Family Dwelling Y Y Y Y Y Y N N N N N N N N N Y
Personal Services N N N N* SP* Y Y Y N* Y Y N* N* N* N* N
Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
* See detailed District Use Regulations
SP-With Special Permit Only
**Refer to Section 8.1(13)and 8.4
Note: This chart is for summary information purposes only and is not a substitute for the detailed district use regulations contained in Section 4 of this Bylaw.
117
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
TABLE
2
Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Ind. Ind. Ind. Ind. PCDD
1 2 3 4 Res. 6 6 1 2 3 4 Comm. Bus. 1 2 3 S
Lot Area
Min.S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 25,000 80,000 80,000 435,600 50,000 150,00
Height
Max(ft) 35 35 35 35 35 35 35 35 35 35 60 40 45 55 55 55 55 35
Street Frontage
Min(ft) 175 150 125 100 85 150 150 125 125 300 200 200 125 150 150 150 150 300
Front Set Back
Min.(ft) 30 30 30 30 25 30 25 30 25 100 50 50 25 50 50 100 30 100
Side Set Back
Min.(ft) 30 30 20 15 15 25 15 20 25 50 50 25 25 50 50 200 20 50
Rear Set back
Min(ft) 30 30 30 30 30 30 30 30 30 50 50 25 35 50 50 200 30 50
Floor Area
Ratio Mix N/A N/A N/A N/A N/A 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A N/A 0.50:1 0.50:1 0.50:1 0.50:1 0.75:1
Lot Coverage
Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35% 35% 35% 35% 25%
Dwelling Unit
Multi-
Density Max/Acre N/A N/A N/A N/A 1/acre Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Townhouse
Open Space 25%
ries not to exceed 40ft.
"Refer to Sections 8.1 (13)and 8.4(6)
Please refer to footnotes for additional information
118
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 46. AMEND ZONING BYLAW SECTION 3.1 ESTABLISHMENT OF
DISTRICTS (ZONING DISTRICTS AND BOUNDARIES) - ADDING PLANNED
COMMERCIAL DEVELOPMENT DISTRICT AND AMENDING TABLE 1 AND
TABLE 2 OF THE ZONING BYLAW.
MOTION: MOVE TO ADOPT ARTICLE 46 AS PRINTED IN THE WARRANT WITH
THE FOLLOWING AMENDMENTS:
REVISE TABLE 2 SO AS TO INCLUDE ART GALLERIES, FUNERAL PARLORS
AND MULTI-FAMILY DWELLINGS AND APARTMENTS AS ALLOWED USES BY
SPECIAL PERMITS. THE EXISTING LETTERS FOR ALL THREE USES SHOULD
BE REPLACED WITH SP*.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - PETTIONER
PRESENTATION FORMAT: VERBAL
NOTES: ALBERTO ANGLES OR DESIGNEE WILL SPEAK TO ARTICLE
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
119
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 47. Amend the North Andover Zoning Map — Parcels on Waverley Road and
Turnpike Street. To see if the Town will vote to amend the Zoning Map of the Town of
North Andover for the following parcels fronting along Waverley Road and Route 114 (also
known as Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten
residential parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41 and 47; and
five fronting on Waverley Road with street addresses of 768, 782, 792, 802 and 814, all parcels
as shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19, 20, 21, 23, 24, 25,
26. The amendment of the Zoning Map for the aforementioned parcels shall be from the current
zoning designation of Residential 4 to be placed by the Zoning district Planned Commercial
Development. Said parcels are shown below; or to take any other action relative thereto.
Petition of Alberto Angles and others
SEE PLAT NO..
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Article 47 Rezone R4 to PCD u�
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120
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 47. AMEND THE NORTH ANDOVER ZONING MAP - PARCELS ON
WAVERLEY ROAD AND TURNPIKE STREET
MOTION: MOVE TO ADOPT ARTICLE 47 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: ALBERTO ANGLES - PETITIONER
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
121
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 48. Amend Zoning May — Office Building 1060 Osgood Street Intersection of
Route 125 and 133 — Assessors May 35 Parcel 29 from 12 (Industrial 2) to Business 2 (B2).
To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone
the two-story office building located at 1060 Osgood Street at the intersection of Routes 125 and
133 North Andover Assessor's Map 35 Parcel 29 from I2 (Industrial 2) to B2 (Business 2); or to
take any other action relative thereto.
Petition of Martin S. Cohen and others
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Article 48 Rezone
Assessor's Map 35 Parcel �w<
29 1060 Osgood Street
12 (Indust. 2) to 132 (Bus.2)
122
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 48. AMEND ZONING MAP- OFFICE BUILDING 1060 OSGOOD STREET
INTERSECTION OF ROUTE 125 AND 133 - ASSESSORS MAP 35 PARCEL 29 FROM
12 (INDUSTRIAL 2) TO BUSINESS 2 (112).
MOTION: MOVE TO ADOPT ARTICLE 48 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: MARTIN COHEN PETITIONER OR DESIGNEE -
PLANNING BOARD
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO-THIRDS) VOTE REQUIRED***
VOTE: DATE: TIME:
AMENDMENTS:
123
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 49. Roadway Acquisitions: - Coachman's Lane, Concord Street, Easy Street,
Highland View Avenue, Morningside Lane and Russett Lane
To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent
domain the following ways:
Coachman's Lane (Off Great Pond Road). A way known as Coachman's Lane as shown on
a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for
Coachman's Lane, scale F=50', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer
Street, Haverhill, MA 01830 on file with the Town of North Andover DPW; and to award no
damages for said eminent domain taking; or to take any other action relative thereto. The
roadway is further described as follows:
Beginning at a point at the southerly street line of Great Pond Road, thence running along
a curve to the left with a radius of 19.25 feet, 30.28 feet to a point of reverse curvature,
thence running along a curve to the right with a radius of 263.39 feet, 119.45 feet to a
point of tangency, thence running South 04°-02'-00" East, 100.00 feet to a point of
curvature, thence running along a curve to the right with a radius of 816.50 feet, 113.29
feet to a point of reverse curvature, thence running along a curve to the left with a radius
of 334.60 feet, 101.57 feet to a point of reverse curvature, thence running along a curve to
the right with a radius of 551.98 feet, 114.80 feet to a point of tangency, thence running
South O1°-33'-30" East, 162.00 feet to a point of curvature, thence running along a curve
to the right with a radius of 451.54, 305.39 feet to a point of reverse curvature, thence
running along a curve to the left with a radius of 151.53 feet, 256.89 feet to a point of
tangency, thence running South 59°-56'-30" East, 210.00 feet to a point of curvature,
thence running along a curve to the left with a radius of 303.92 feet, 581.14 feet to a point
of compound curvature, thence running along a curve to the left with a radius of 100.00
feet, 12.22 feet to a point of reverse curvature, thence running along a curve to the right
with a radius of 60.00 feet, 282.57 feet to a point of reverse curvature, thence running
along a curve to the left with a radius of 25.00 feet, 31.84 feet to a point of reverse
curvature, thence running along a curve to the right with a radius of 353.92 feet, 615.89
feet to a point of tangency, thence running North 59°-56'-30" West, 210.00 feet to a point
of curvature, thence running along a curve to the right with a radius of 201.53 feet,
341.65 feet to a point of reverse curvature, thence running along a curve to the left with a
radius of 401.54 feet, 271.57 feet to a point of tangency, thence running North 01°-33'-
30" West, 162.00 feet to a point of curvature, thence running along a curve to the left
with a radius of 501.98 feet, 104.40 feet to a point of reverse curvature, thence running
along a curve to the right with a radius of 384.60 feet, 116.74 to a point of reverse
curvature, thence running along a curve to the left with a radius of 766.50 feet, 106.35
feet to a point of tangency, thence running North 04°-02'-00" West, 100.00 feet to a point
of curvature, thence running along a curve to the left with a radius of 213.39 feet, 96.77
feet to a point of compound curvature, thence running along a curve to the left with a
radius of 20.19 feet, 31.24 feet to a point along the southerly street line of Great Pond
Road, thence running North 61°-19'-00" East, 44.73 feet along the street line of Great
Pond Road, thence continuing to run along the street line of Great Pond Road, North 59°-
52' East, 44.31 feet to the point of beginning.
124
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Concord Street (Off Osgood Street) A way known as Concord Street as shown on a Plan
of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Concord
Street, scale 1"=40', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street,
Haverhill, MA 01830 on file with the Town of North Andover DPW; and to award no damages
for said eminent domain taking, or take any other action relative thereto. The roadway is further
described as follows:
Beginning at a point at the northerly street line of Osgood Street, said point being 140.47
feet easterly of a Massachusetts Highway Bound with drill hole, thence running North
27-47'47" West, 776.05 feet to a point, said point being the southwesterly intersection
with Bunker Hill Street, thence running North 62°-12'-13" East, 40.00 feet to a point,
thence running South 27-47'47" East, 779.02 feet to a point at the northerly street line
of Osgood Street, thence running South 64°-38'-49" West, 26.84 feet to a point of
tangency, thence running South 70°-06'-23" West, 13.31 feet to the point of beginning.
Easy Street (Off Abbott Street) A way known as Easy Street as shown on a Plan of
Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA;
prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C.
Gelinas & Associates Inc, 451 Andover Street North Andover, MA , scale 1"=40', dated January
23, 1981, revised June 11, 1981. Said plan recorded with the Essex North District Registry of
Deeds as Plan No. 8690.
Highland View Avenue (From Chadwick Street to Furber Avenue) A way known as
Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in
North Andover; prepared for Highland View Avenue, scale 1"=40', dated 9/l/03; prepared by
Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North
Andover DPW; and to award no damages for said eminent domain taking, or take any other
action relative thereto. The roadway is further described as follows:
Beginning at a point at the northerly street line of Furber Avenue, said point being 180.00
feet westerly of Wentworth Avenue, thence running North 85°-26'-58" West, 50.22 feet
along the street line of Furber Avenue to a point, thence running North 00°-48'-19" West,
1020.18 feet to a point, said point being located along the southerly street line of
Chadwick Street, thence running North 84°-31'-00" East, 50.17 feet along the street line
of Chadwick Street to a point, thence running South 00°-48'-19" East, 1028.96 feet to a
point, said point being the point of beginning.
Morninoide Lane (Off Winter Street) A way known as Morningside Lane as shown on a
Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for
Morningside Lane and Russett Lane, scale 1"=60', dated 9/l/03; prepared by Christiansen &
Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW;
and to award no damages for said eminent domain taking, or take any other action relative
thereto. The roadway is further described as follows:
Beginning at a point at the northerly street line of Winter Street, thence running along a
curve to the left with a radius of 25.00 feet, 48.95 feet to a point of tangency, thence
running North 08°-13'-02" East, 775.00 feet to a point of curvature, thence running along
a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence
125
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
running North 08°-13'-02" East, 45.00 feet to a point of curvature, thence running along
a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence
running North 08°-13'-02" East, 353.86 feet to a point, thence running South 81°-46'-58"
East, 45.00 feet to a point, thence turning and running South 08°-13'-02" West, 95.00
feet to a point; thence continuing to run South 08°-13'-02" West, 1,164.96 feet to a point
of curvature; thence running along a curve to the left with a radius 25.00 feet, 30.27 feet
to a point along the street line of Winter Street; thence running North 61°-09'-30" West,
89.33 feet along the street line of Winter Street, thence continuing to run along the street
line of Winter Street, North 59°-36'-30" West, 12.98 feet to the point of beginning.
Russett Lane (Off Dale Street). A way known as Russett Lane as shown on a Plan of Land
entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and
Russett Lane, scale 1"=60', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street,
Haverhill, MA 01830 on file with the Town of North Andover DPW; and to award no damages
for said eminent domain taking; or take any other action relative thereto. The roadway is further
described as follows:
Beginning at a point at the northerly street line of Dale Street, at a point of curvature,
thence running along a curve to the left with a radius of 25.00 feet, 28.00 feet to a point
of tangency, thence running North 04°-55'-30" East, 65.00 feet to a point of curvature,
thence running along a curve to the left with a radius of 760.00 feet, 460.38 feet to a point
of tangency, thence running North 29°-46'-58" West, 500.91 feet to a point of curvature,
thence running along a curve to the left with a radius of 540.00 feet, 490.09 feet to a point
of compound curvature, thence running along a curve to the left with a radius of 25.00
feet, 39.27 feet to a point of tangency with the street line of Morningside Lane, thence
turning and running North 08°-13'-02" East, 95.00 feet along the common street line of
Morningside Lane to a point of curvature, thence running along a curve to the left with a
radius of 25.00 feet, 39.27 feet to a point of reverse curvature, thence running along a
curve to the right with a radius of 585.00 feet, 530.93 feet to a point of tangency, thence
running South 29°-46'-58" East, 500.91 feet to a point of curvature; thence running along
a curve to the right with a radius of 805.00 feet, 487.64 feet to a point of tangency, thence
running South 25°-32"-40" East, 10.81 feet to a point, thence running South 04°-25'
West, 49.74 feet to a point along the northerly street line of Dale Street, thence running
North 87-12'45" West, 6.66 feet along the street line of Dale Street to a point, thence
continuing to run along the street line of Dale Street South 69°-06'-10" West, 64.86 feet
to the point of beginning;
Or to take any other action relative thereto.
Petition of Department of Public Works
126
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 49. ROADWAY ACQUISITIONS: - COACHMAN'S LANE, CONCORD
STREET, EASY STREET, HIGHLAND VIEW AVENUE, MORNINGSIDE LANE AND
RUSSETT LANE
MOTION: MOVE TO ADOPT ARTICLE 49 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: JACK SULLIVAN - DIRECTOR OF ENGINEERING OR
DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***2/3 (TWO THIRDS) VOTE REQUIRED-EMINENT DOMAIN
VOTE: DATE: TIME:
AMENDMENTS:
127
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 50. Roadway Acceptances: —Foxwood Drive (Off Salem Street) and Weyland
Circle (Off Foxwood Drive). To see if the Town will vote to accept as a public ways
Foxwood Drive and Weyland Circle as shown on a Plan of Land entitled, "Definitive and Special
Permit Plan Foxwood in North Andover, Mass." Owned and Developed by Summer Street
Realty Trust 733 Turnpike Street-Suite 209, North Andover, MA 01845, scale F=40', May
1993, Revised 12-9-93, prepared by Merrimack Engineering Services, 66 Park Street, Andover,
Massachusetts 01810. Said plan recorded with the Essex North District Registry of Deeds as
Plan No. 12371; or to take any other action relative thereto.
Petition of Department of Public Works
128
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 50. ROADWAY ACCEPTANCES: -FOXWOOD DRIVE (OFF SALEM
STREET) AND WEYLAND CIRCLE (OFF FOXWOOD DRIVE).
MOTION: MOVE TO ADOPT ARTICLE 50 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: FAVORABLE ACTION
MOTION PRESENTER: JACK SULLIVAN - DIRECTOR OF ENGINEERING OR
DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
129
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 51. Roadway Acceptance—Avery Park Drive (formerly Donna Drive). To see if
the Town will vote to accept as a Public Way: Avery Park Drive (formerly Donna Drive) as
shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, MA., prepared
for TDJ Development Corp. 40 Lowell Road, Salem, NH 03079, prepared by Andover
Consultants, Inc. of Methuen, MA, Plan approved 5/26/92, endorsed 2/6/96 and recorded as
Plan #12784 at the Essex North District Registry of Deeds on 3/6/96; or to take any other action
relative thereto.
Petition of Domenic J. Scalise and others
130
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 51. ROADWAY ACCEPTANCE - AVERY PARK DRIVE (FORMERLY
DONNA DRIVE).
MOTION: MOVE TO ADOPT ARTICLE 51 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: DOMENIC SCALISE-PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
131
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 52. Roadway Acceptance Stonewedge Circle (Off Webster Woods Lane. To see
if the Town will vote to accept as a Public Way: Stonewedge Circle as shown on a plan entitled,
Stonewedge Circle North Andover , MA., prepared for Campbell Forest, LLC, 231 Sutton St.
Suite 2F North Andover, MA 01845, prepared by Engineering Alliance, Inc. of Saugus , MA.
Plan dated 9/28/99 and recorded as Plan#13712 at the Essex North District Registry of Deeds on
4/13/00; or to take any other action relative thereto.
(Stonewedge Circle is off Webster Woods Lane and was originally part of the Campbell Forest
Subdivision)
Petition of Domenic J. Scalise and others
132
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 52. ROADWAY ACCEPTANCE STONEWEDGE CIRCLE (OFF
WEBSTER WOODS LANE.
MOTION: MOVE TO ADOPT ARTICLE 52 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: DOMENIC SCALISE-PETITIONER OR DESGINEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
133
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 53. Roadway Acceptance Webster Woods Lane (formerly Joanne Drive). To see
if the Town will vote to accept as a Public Way: Webster Woods Lane (formerly Joanne Drive)
as shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, MA.,
prepared for TDJ Development Corp., 40 Lowell Road Salem NH 03079, prepared by Andover
Consultants, Inc. of Methuen, MA. Plan approved 5/26/92, endorsed 2/6/96 and recorded as
Plan #12784 at the Essex North District Registry of Deeds on 3/6/96; or to take any other action
relative thereto.
Petition of Domenic J. Scalise and others
134
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 53. ROADWAY ACCEPTANCE WEBSTER WOODS LANE (FORMERLY
JOANNE DRIVE).
MOTION: MOVE TO ADOPT ARTICLE 53 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: DOMENIC SCALISE-PETITIONER OR DESGINEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
135
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 54. Acceptance of Fee Title and Deeds in Connection with Layout of Public Ways
of Webster Woods Lane, Avery Park Drive and Stonewedge Circle. To see if the Town
will vote to authorize the Board of Selectmen to accept fee title and confirm the acceptance of
deeds to certain lands identified as "Parcel A", "Parcel B" and "Right of Way A", each as shown
on a plan entitled, Definitive Subdivision Plan of Land in North Andover, Massachusetts, Scale
F=200', dated December 4, 1991, Revised March 12, 1992, Owner and Applicant: T.D.J.
Development Corp., 40 Lowell Road, Salem, New Hampshire 03079, Engineer and Surveyor:
Andover Consultants, Inc., 1 East River Place, Methuen, Massachusetts 01844," which plan is
recorded with Essex North District Registry of Deeds as Plan No. 12784, the conveyance of said
lands being made in connection with the layout as public ways of Webster Woods Lane, Avery
Park Drive and Stonewedge Circle, and as contemplated by the subdivision approval and plans
concerning said roadways; or to take any other action relative thereto.
Petition of Brian G. Vaughan and others
136
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 54. ACCEPTANCE OF FEE TITLE AND DEEDS IN CONNECTION WITH
LAYOUT OF PUBLIC WAYS OF WEBSTER WOODS LANE, AVERY PARK DRIVE
AND STONEWEDGE CIRCLE.
MOTION: MOVE TO ADOPT ARTICLE 54 AS PRINTED IN THE WARRANT.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: BRIAN G. VAUGHAN PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES: THIS ARTICLE IS TOWN COUNSEL RECOMMENDED IN
CONJUNCTION WITH THE STREET ACCEPTANCE ARTICLES.
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
137
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 55. Roadway Acceptance Country Club Circle (off Great Pond Road) as a Public
Way. To see if the Town will vote to accept Country Club Circle as a Public Way; or to take
any other action relative thereto.
Petition of John Grasso and others
138
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 55. ROADWAY ACCEPTANCE COUNTRY CLUB CIRCLE (OFF GREAT
POND ROAD) AS A PUBLIC WAY.
MOTION: MOVE TO ACCEPT AS A PUBLIC WAY: COUNTRY CLUB CIRCLE AS
SHOWN ON A PLAN ENTITLED, "DEFINITIVE SUBDIVISION PLAN OF COUNTRY
CLUB ESTATES", DESIGNED FOR MARIE W. LOUGHLIN OF 465 GREAT POND
ROAD NORTH ANDOVER, MA 01845, PREPARED BY THOMAS E. NEVE
ASSOCIATES, INC OF TOPSFIELD, MA AND RECORDED WITH THE ESSEX
NORTH DISTRICT REGISTRY OF DEEDS AS PLAN NO. 13365.
RECOMMENDATIONS:
BOARD OF SELECTMEN: FAVORABLE ACTION
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: TO BE MADE AT TOWN MEETING
MOTION PRESENTER: JOHN GRASSO PETITIONER OR DESIGNEE
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
139
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
Article 56. Roadway Acceptance — Delucia Way — off Waverley Road. To see if the
Town will vote to accept Delucia Way (off Waverley Road) as a public way; or to take any other
action relative thereto.
Petition of Stephen Smolak and others
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2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
ARTICLE 56. ROADWAY ACCEPTANCE - DELUCIA WAY - OFF WAVERLEY
ROAD
MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 56".
RECOMMENDATIONS:
BOARD OF SELECTMEN: NOT APPLICABLE
FINANCE COMMITTEE: NO RECOMMENDATION
PLANNING BOARD: NOT APPLICABLE
MOTION PRESENTER: STEPHEN SMOLAK OR WENDY D. WAKEMAN
PRESENTATION FORMAT: VERBAL
NOTES:
***MAJORITY VOTE REQUIRED*
VOTE: DATE: TIME:
AMENDMENTS:
141
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004
142
2004 ANNUAL TOWN MEETING WARRANT
MAY 10, 2004