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Town of North Andover
Annual Town Meeting Warrant
May 9, 2005
COMMONWEALTH OF MASSACHUSETTS ESSEX,SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School on
Monday May 9, 2005, at 7:00 PM then and there to act upon the following articles:
Article A. 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 2004 Annual Town Report and to hear the reports of any special appointed committees.
Board of Selectmen
Article B. 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.
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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
Article C. 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 D. Amend General Fund Appropriation For Fiscal Year 2005. To see if the
Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under
Article 10 of the 2004 Annual Town Meeting; or to take any other action relative thereto.
Board of Selectmen
Article E. Amend Capital Improvement Appropriation For Fiscal Year 2005. To see if
the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted
under Article 11 of the 2004 Annual Town Meeting; or to take any other action relative thereto.
Board of Selectmen
Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2005. To see
if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2005 as
voted in Article 12 of the 2004 Annual Town Meeting; or to take any other action relative
thereto.
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Board of Selectmen
Article G. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2005. To see
if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2005 as
voted in Article 13 of the 2004 Annual Town Meeting; or to take any other action relative
thereto.
Board of Selectmen
Article H. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For
Fiscal Year 2005. To see if the Town will vote to amend the Steven's Estate at Osgood Hill
Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 14 of the 2004 Annual
Town Meeting; or to take any other action relative thereto.
Board of Selectmen
Article I. Transfer of Unexpended Funds from Special Revenue and Capital Funds.
To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital
Funds; or to take any other action relative thereto.
Article J. 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 K. General Fund Appropriation Fiscal Year 2006. 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, 2005
and ending June 30, 2006; or to take any other action relative thereto.
Article L. Capital Improvement Plan Appropriation Fiscal Year 2006. 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.
Article M. Water Enterprise Fund Appropriation-Fiscal Year 2006. 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, 2005 and ending June 30, 2006; or to take any other action
relative thereto.
Article N. Sewer Enterprise Fund Appropriation-Fiscal Year 2006. 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, 2005, and ending June 30, 2006; or to take any other action
relative thereto
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Article O. Stevens Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year
2006. 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, 2005 and ending June 30, 2006; or to take any other action relative
thereto.
Article P. 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, 2005.
INSERT TEXT
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.
Article Q. 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 - List of Proposed Community Preservation Committee Appropriations
NEED APPROPRIATIONS
Petition of the Community Preservation Committee
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Article R. Preservation Restriction-North Parish Church Academy Road. To see if the
Town will vote to authorize the Old Center Historic District Commission, with the approval of
the Board of Selectmen, to accept a Preservation Restriction from the North Parish Unitarian
Universalist Church of North Andover, located at 190 Academy Road, on terms and conditions
deemed to be in the best interest of the Town; or to take any other action related thereto.
Petition of the Community Preservation Committee
Article S. Amend General Bylaws of the Town of North Andover — Add Chapter 131-
Standardizin2 The Placement and Maintenance of Newsracks. To see if the Town will
amend the General Bylaws for the Town of North Andover by adding a new chapter — Chapter
131 Standardizing the Placement and Maintenance of Newsracks to read as follows; or to take
any other action relative thereto.
TOWN OF NORTH ANDOVER
Chapter 131
STANDARDIZING THE PLACEMENT
AND MAINTENANCE OF NEWSRACKS
§ 131.1 Definitions.
§ 131.2 Certificate of Compliance
§ 131.3 Fees.
§ 131.4 Standards
§ 131.5 Attachment to Property.
§ 131.6 Advertising Prohibited.
§ 131.7 Installation, Maintenance, and Delivery Time.
§ 131.8 Enforcement Procedures.
§ 131.9 Fees For Removal and Storage.
§ 131.10 Regulations.
§ 131.11 Effect on Other Laws.
§ 131.12 Severability
§ 131.13 Effective Date.
§ 131.1 Definitions.
When used in this Bylaw, unless the context otherwise requires, the following terms shall have
the following meanings:
a. 'Director" shall mean the Director of the Public Works Department of the Town of North
Andover or such person as said Director may from time to time designate.
b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of
newspapers, periodicals or printed material of whatever nature..
c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director
to the Certificate Holder in accordance with the provisions of this Bylaw.
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d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the
Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for
the installation and maintenance of newsracks encompassed by any Certificate of Compliance
issued pursuant to the provisions of this Ordinance and for compliance with all provisions
contained herein.
e. "Operator" shall mean any natural person or other legal entity including, but not limited to,
corporations, partnerships,joint ventures and the like who either own, operate or are otherwise in
control of a newsrack.
f. "Public way" shall mean any public highway, private way laid out under authority of statute,
way dedicated to public use, or way under the control of the Town Department of Public Works,
School Department, or other body having like power.
§ 131.2 Certificate of Compliance.
a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a
newsrack in or on any part of a public way without first obtaining a Certificate of Compliance
from the Director in accordance with the provisions of this Bylaw.
b. The Certificate of Compliance must be renewed annually by application to the Director.
c. Issuing Authority. The Director shall be the issuing authority and coordinator of the
application process and administration of this Bylaw.
d. Approving Authority. The approving authority shall be the Director. The Director or
his/her designee shall review and approve for compliance with Section 131.070, entitled
Certificate of Compliance, Section 131.040, entitled Standards, and Section 12.18.070, entitled
Installation, Maintenance and Delivery Time.
e. Application Process. Applicants must complete a written application on a form provided by
the Director.
f. Application. The application shall describe in sufficient detail, the number, location and
type of newsracks for which the Certificate of Compliance is sought and shall contain the
following information:
1. the name, address and telephone number of the applicant who is the owner/operator or
other person who is the principal responsible person in charge of the newsrack(s); and
2. the name, address and telephone number of a natural person (if different from the
applicant) whom the Town may notify and/or contact at any time concerning the applicant's
newsracks. This person would be responsible for receiving complaints and notices of violations
when a Certificate of Compliance is issued and for providing information relating to the
application during the application process; and
3. the number of newsracks and a written description specifying the proposed approximate
location of each; and
4. a certificate of insurance naming the Town of North Andover as an additional insured in
an amount sufficient to indemnify the Town and hold it harmless from any and all claims or
judgements for personal and bodily injury, including death, or property damage and from costs
and expenses to which the Town may be subjected or which it may suffer or incur by reason of
the design, placement, installation, operation or maintenance of any of the applicant's newsracks.
Reasonable evidence of self-insurance coverage may be substituted by the applicant for the
certificate of insurance. The amount of insurance coverage required shall be determined by the
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Town. Insurance under this section shall run continuously with the presence of the applicant's
newsrack in Town of North Andover public ways and any termination or lapse of such insurance
shall be a violation of this Bylaw, subject to appropriate remedy under Section 131.080 of
thisBylaw; and
5. a certification from the applicant stating that the proposed location for all of the
newsracks listed in the application are in compliance with the provisions of this Bylaw.
g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the applicant is
in compliance with the provisions of this Bylaw, the Director shall issue a Certificate of
Compliance for installation by the applicant. The Director shall issue a partial Certificate of
Compliance upon a finding that some of the proposed newsrack locations are in compliance with
the provisions of this Bylaw. Issuance of a Certificate of Compliance or a partial certificate of
compliance shall designate the applicant to be the Certificate Holder. The Director shall issue a
Certificate of Compliance within ten days of the Director's receipt of the completed application.
Proposed locations shall be approved on a first come, first serve basis by the Director. No
preference shall be given to applicants who might have had newsracks in a particular location
prior to the effective date of this Bylaw.
h. Denial of Certificate of Compliance. If an application for a newsrack location is denied, the
Director shall notify the applicant within ten days of the Director's receipt of the completed
application. The Director shall state the specific reasons for denial. The applicant may reapply
for a substitute alternative location without having to pay an additional application fee. An
applicant who has been denied a Certificate of Compliance pursuant to this Bylaw may appeal
within thirty (30) days of such denial by requesting in writing to the Director an appearance
before the Director to review said denial. The appeal shall be heard by the Director within
twenty (20) days of receipt of the appeal. The decision on the appeal shall be sent to the
applicant within five (5) days after the hearing.
i. The Director reserves the right to order by written notice to the Certificate Holder that
newsracks be removed from an approved location, either temporarily or permanently, in the
interests of public safety.
§ 131.30 Fees.
a. There shall be a Certificate of Compliance fee in the amount of two hundred ($200.00)
dollars paid to the Town. This fee shall be due upon initial application and upon each annual
renewal.
b. Additional Certificate of Compliance. If at any time after the Director has issued a
Certificate of Compliance a Certificate Holder proposes to install additional newsracks, then the
provisions of Section 13.020 are to be repeated. Additional Certificate of Compliance fees shall
be in accordance with Section (a), except that the Certificate of Compliance fee is waived if
previously paid.
c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars per
newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring
compliance with this Bylaw.
d. Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant
to Section 12.18.040 (b) below, additional fees shall be imposed by the Director on Certificate
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Holders to offset the Town's costs for each such corral or hitching post used by such Certificate
Holder.
e. Upon a showing of significant financial hardship, whereby the payment of the full
Certificate of Compliance fee will impair the ability of the publisher to distribute a publication
through newsracks to members of the public, the Director may reduce the fee due upon initial
application or upon an annual renewal by an amount s/he determines, in her or his sole
discretion, as appropriate.
§ 131.4 Standards.
a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed
parallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from
the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks
placed near the wall of a building or other structure must be placed parallel to and not more than
six (6") inches away from the wall.
No newsrack(s) shall be affixed, erected, installed, placed, used or maintained:
1. at any location in excess of eight (8) feet in width (plus the width of a newsrack) whereby
the clear space for the passage of pedestrians is reduced to less than eight (8) feet in width; or, if
the sidewalk location is less than eight (8) feet in width (plus the width of a newsrack), then the
clear space for the passage of pedestrians shall not be reduced to less than five (5) feet in width;
however, a width of four (4) to five (5) feet may be approved by the Director if requested, only
after the Director consults with the Pedestrian Committee and the Disabilities Commission as to
whether the particular location at issue necessitates the 4 to5 foot width, and whether the
pedestrian passage there could safely and reasonably be reduced to a width of 4 to5 feet; and
2. within five (5) feet of any marked, or unmarked crosswalk or handicapped ramp; and
3. within five (5) feet of any fire hydrant, fire lane, fire call box, police call box or other
emergency facility, mail box, telephone booth or stand; and
4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the case of
a curb ramp or driveway without a curb return, within five (5) feet of the point where the curb
edgestone or edging begins a change in grade toward the driveway or ramp on each side thereof,
or in the case of a termination of the curb, edgestone or edging without a change in grade or a
turn, within five (5) feet of the point of the same terminates on each side of the ramp or
driveway; and
5. within five (5) feet of any traffic control signal or traffic sign; and
6. within five (5) feet of a bicycle rack; and
7. within five (5) feet ahead or fifteen (15) feet to the rear of any designated bus stop, taxi
stand, valet parking area, loading zone or fire lane, or any disabled parking space, unless such
newsrack is placed parallel against a wall that is within four feet (4) of a designated bus stop,
taxi stand, valet parking area, loading zone or fire lane and the newsrack so placed does not
project into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic;
8. which in any way protrudes onto a street; or
9. on any sidewalk immediately abutting a public school.
The Director may require that newsracks at locations in which more than three (3) are adjacent
shall be set within an open-ended corral installed by the Town; and the Director may require that
newsracks at a particular location be chained to each other and/or to a permanent hitching post
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installed by the Town. The Director may choose the locations for corrals and hitching posts
based on the history of misaligned or knocked over newsracks at the location, the high volume of
pedestrian traffic at the location, or the relatively high concentration of newsracks at the location.
However, nothing in this paragraph shall be construed to limit the locations at which corrals and
hitching posts may be required.
§ 131.5 Attachment to Property.
a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by
regulations promulgated by the Director, no operator shall place or cause to be placed and no
operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street
light post, traffic signal or sign.
b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be chained or
otherwise attached to one another, provided that no group of newsracks shall extend for a
distance of more than eight (8) feet along a curb, and a space of not less than five (5) feet shall
separate each group of newsracks.
§ 131.6 Advertising Prohibited.
It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing
with the display, sale or purchase of the publications dispensed therein.
§ 131.7 Installation, Maintenance, and Delivery Time.
Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by
the Certificate Holder in accordance with the following provisions:
a. Each newsrack shall prominently display the name, address and phone number of a person or
entity responsible for that newsrack.
b. Each newsrack shall be:
1. installed or placed on the pavement in an upright, sufficiently weighted and secure
position;
2. of a type that is completely enclosed, with a self-closing door that is either self-latching or
otherwise requires manual or mechanical release at each use; and
3. maintained in a state of good repair and in a neat and clean condition; and
4. maintained in a condition that is free of accumulations of outdated printed materials, trash,
rubbish, or debris; and
5. handicapped accessible, as defined by the state Architectural Access Board .c. Each
newsrack shall be regularly serviced so that:
1. it is kept reasonably free of graffiti; and
2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof, and
3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof,
and
4. the clear glass or plastic parts thereof, if any, through which the printed material is being
dispensed are not broken and are kept reasonably free of tears, peeling or fading; and
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5. the structural parts of the newsrack are not broken or unduly misshapen.
d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the
Director. The Director shall forthwith notify the Certificate Holder of the complaint. The
Certificate Holder shall contact the complainant and attempt to resolve the complaint. If the
complaint is not resolved to the complainant's satisfaction within ten (10) days, the complainant
may request a meeting before the Director, or his/her designee, and the Certificate Holder. After
such meeting, the Director shall have authority to impose a reasonable resolution to the
complaint, including ordering the relocation of the newsrack/s causing the noise problem.
§ 131.8 Enforcement Procedures.
a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw
shall be subject to the enforcement provisions contained herein.
b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this
Bylaw does not contain the printed material being dispensed therein for a period of seventy-two
(72) hours after the release of the current issue, the Director may deem the newsrack abandoned
and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned
if no printed material is found in the newsrack for a period of more than fifteen (15) consecutive
days. In the event that a Certificate Holder voluntarily abandons a newsrack location, the
Certificate Holder shall so notify the Director, completely remove the newsrack and restore the
public way to a safe condition.
c. Enforcement.
1. Enforcement of the provisions of this Ordinance shall be carried out by the Director. Upon
a determination that a violation of any provision of this Ordinance exists the Director shall notify
the Certificate Holder of the violation in writing by first class mail. The notice shall included:
a. the location of the newsrack; and
b. the date of the incident or other cause giving rise to the violation; and
c. a brief and concise statement of the facts causing the violation.
2. The notice shall inform the Certificate Holder that at the expiration of ten (10) days from
the receipt of the violation notice, the newsrack will be removed by the Director, unless the
violation is corrected.
3. Upon removal of a newsrack, the Director shall send, by first-class mail, written notice of
such removal to the Certificate Holder.
4. Notwithstanding the provisions of the foregoing paragraphs l(a) - l(c) of this section, the
Director may order the immediate removal of any newsrack (s) that the Director
determines presents an imminent threat or peril to public safety, provided that the
Certificate Holder, shall be notified of such removal as soon as practicable thereafter, and
further provided that any newsrack so removed shall be stored a period of thirty (30) days
in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a
newsrack under this section (4) which does not have a Certificate of Compliance, the
Director shall dispose of the newsrack at the end of the thirty (30) day period.
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§ 131.9 Fees For Removal and Storage.
a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at
any time within thirty (30) days of its removal upon payment of a removal fee of twenty-five
($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a maximum combined
removal and storage fee of one hundred ($100.00) dollars.
b. After thirty (30) days, any newsracks removed by the Director pursuant to Section 13.080 of
this Bylaw shall be deemed "abandoned property" and become the property of the Town of North
Andover.
c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30) day
period shall not operate to dismiss any fees owned to the Town for removal and storage of such
newsrack. Unpaid fees accrued pursuant to this Section 13.090 shall be considered a debt
payable to the Town.
§ 131.10 Regulations.
The Director may, with the approval of the Town Manager, promulgate such rules and
regulations consistent with the provisions of this Bylaw and the laws of the Commonwealth of
Massachusetts as shall carry out the purposes of this Bylaw.
§ 131.11 Effect on Other Laws.
Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other
government bodies, such as historic district commissions, to the extent such bodies are
authorized to adopt such regulations.
§ 131.12 Severability.
The provisions of this Bylaw shall be severable and if any section, part, or portion hereof shall
be held invalid for any reason by any court, the decision of such court shall not affect or impair
any remaining section, part or portion thereof
Article T. Amend General Bylaws of the Town of North Andover— New Chapter 176-
Water Supply Cross Control Regulations Bylaw. To see if the Town will vote to amend the
General Bylaws of the Town of North Andover by adding a new chapter - Chapter 176 Water
Supply Cross Control Regulations; or to take any other action relative thereto.
Chapter 176
Water Supply Cross Control Regulations
§ 176-1 Administration
§ 176-2 Requirements
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§ 176-1 Administration.
The Department of Public Works will operate an active Cross Connection Control Program
according to the requirements of 310 CMR 22.22, Massachusetts General Law, Division of
Water Supply Cross Connection Control Regulations. Those property owners shall include
Industrial, Commercial, Residential, Vocational and Municipal or Government Businesses.
The owner shall allow his property to be inspected for possible cross connections and the testing
of backflow devices, and shall follow the provision of the Town's program and 310 CMR 22.22
Massachusetts General Law.
A fee of $55.00 shall be charged for each Backflow device test to the owners of backflow
devices within Industrial, Commercial, Residential, Vocational and Government Businesses.
The Town Selectmen have the authority to change the amount backflow device test fees.
§ 176—2. Requirements.
Prior to approval of new installations and/or retrofits, owners must complete a design data form
and simple plumbing schematic acquired from the Town's Water Dept. The Department of
Public Works or its delegated representative will provide on site evaluation for cross connection
violations and inspection of plans in order to determine the type of backflow preventers, if any,
that will be required, and notify the owner of plan approval requirements by the appropriate
reviewing authority; or to take any other action relative thereto.
Petition of the Department of Public Works
Article U. Accept the Provisions of Massachusetts General Laws Chapter 44
Section 55C-Affordable Housing Trust. To see if the Town will accept the provisions of
Massachusetts General Laws Chapter 44 Section 55C, Affordable Housing Trust; or to
take any other action relative thereto.
Chapter 44: Section 55C Municipal Affordable Housing Trust Fund
Section 55C. (a) Notwithstanding section 53 or any other general or special law to the contrary,
a city or town that accepts this section may establish a trust to be known as the Municipal
Affordable Housing Trust Fund, in this section called the trust. The purpose of the trust is to
provide for the creation and preservation of affordable housing in municipalities for the benefit
of low and moderate income households. For the purposes of this section, acceptance shall be in
a town by vote of an annual town meeting, and in any other municipality in accordance with
section 4 of chapter 4.
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(b) There shall be a board of trustees, in this section called the board, which shall include no
less than 5 trustees, including the chief executive officer, as defined by section 7 of chapter 4, of
the city or town. Trustees shall be appointed in a city by the mayor or by the city manager in a
Plan D or Plan E municipality, subject in either case, to confirmation by the city council, and in a
town by the board of selectmen, shall serve for a term not to exceed 2 years, and are designated
as public agents for purposes of the constitution of the commonwealth.
(c) The powers of the board, all of which shall be carried on in furtherance of the purposes set
forth in this act, may include, but not be limited to, the following:--
(1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer
from any person, firm, corporation or other public or private entity, including without limitation
grants of funds or other property tendered to the trust in connection with provisions of any
zoning ordinance or by-law or any other ordinance or by-law;
(2) to purchase and retain real or personal property, including without restriction investments
that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public
auction or by private contract for such consideration and on such terms as to credit or otherwise,
and to make such contracts and enter into such undertaking relative to trust property as the board
deems advisable notwithstanding the length of any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases and other instruments sealed or unsealed,
necessary, proper or incident to any transaction in which the board engages for the
accomplishment of the purposes of the trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board
deems necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion
such compensation between income and principal as the board deems advisable;
(7) to apportion receipts and charges between incomes and principal as the board deems
advisable, to amortize premiums and establish sinking funds for such purpose, and to create
reserves for depreciation depletion or otherwise;
(8) to participate in any reorganization, recapitalization, merger or similar transactions; and to
give proxies or powers of attorney with or without power of substitution to vote any securities or
certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of
property, by or between any corporation and any other corporation or person;
(9) to deposit any security with any protective reorganization committee, and to delegate to
such committee such powers and authority with relation thereto as the board may deem proper
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and to pay, out of trust property, such portion of expenses and compensation of such committee
as the board may deem necessary and appropriate;
(10)to carry property for accounting purposes other than acquisition date values;
(11) to borrow money on such terms and conditions and from such sources as the board deems
advisable, to mortgage and pledge trust assets as collateral;
(12)to make distributions or divisions of principal in kind;
(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or
against the trust, including claims for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to
continue to hold the same for such period of time as the board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board
determined not to be worth retaining;
(15) to hold all or part of the trust property uninvested for such purposes and for such time as
the board may deem appropriate; and
(16)to extend the time for payment of any obligation to the trust.
(d) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in
accordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be
paid directly into the trust and need not be appropriated or accepted and approved into the trust.
General revenues appropriated into the trust become trust property and to be expended these
funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal
year, whether or not expended by the board within 1 year of the date they were appropriated into
the trust, remain trust property.
(e) The trust is a public employer and the members of the board are public employees for
purposes of chapter 268A .
(f) The trust shall be deemed a municipal agency and the trustees special municipal employees,
for purposes of chapter 268A.
(g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning
payment of taxes based upon or measured by property or income imposed by the commonwealth
or any political subdivision thereof.
(h) The books and records of the trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices.
(i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39.
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0) The trust is a board of the city or town for purposes of chapter 30B and section 15A of
Chapter 40; but agreements and conveyances between the trust and agencies, boards,
commissions, authorities, departments and public instrumentalities of the city or town shall be
exempt from said chapter 3013;
Or to take any other action relative thereto.
Petition of the Director of Community Development
Article V. Amend Zoning Bylaw Section 4.2 - Phased Development by Adding a New
Section 1 -Intent and Purpose and a New Section 9 — Exemptions. To see if the Town will
vote to amend Section 4.2 —Phased Development of the Town of North Andover Zoning Bylaw
so as to create a new Section 1 —Intent and Purpose and a new Section 9 —Exemptions; or to take
any other action relative thereto.
Phased Development Bylaw as Amended to read as follows:
4.2 Phased Development Bylaw
1. INTENT AND PURPOSE
This Section 4.2.1 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 Housing Plan and to provide the Town
with time to study the effect of growth on the municipality's infrastructure, character and
municipal services;
c) to allow the Town time to study, plan for, and provide an additional source of water so as to
protect the town's water supply for future growth;
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.;
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.
1. Building permits for the construction of single family or two family dwellings in a subdivision
or on contiguous Form A lots held in common or related ownership on the effective date of the
provision shall not be granted at a rate greater than as permitted by the following:
a) For lots covered by both Section 8.7 of the Zoning Bylaw and this Section 4.2, the
eligibility for building permits shall be determined only by the provisions of Section 8.7.
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b) For lots not covered by Section 8.7, building permits may be granted per the schedule
shown below. A year will run from the anniversary date as defined in paragraph 5
below, to the same date inn subsequent years. (1998/24)
No. of Lots Min. Yrs of Max. Lots
Development Developed/Yr
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
2. Lots can be sold any time for the construction of dwellings in the designated future years.
However, any lots covered by this provision hereafter sold or otherwise transferred to
another owner, shall include in the deed, the earliest date of which construction may be
commenced in accordance with these provisions.
3. If there is a proposed subdivision with any lots that are within 500 feet of lots in another
subdivision held by common or related ownership, then both subdivisions shall be construed
to be a single subdivision for the purposes of this Bylaw.
4. Lot lines for Form A lots shall be defined when the Form A lots have been approved by the
Planning Board. Subsequent changes in the shape or ownership of lots shall not render the
provisions of this Bylaw void.
5. The anniversary date of each subdivision or contiguous Form A lots under this provision
shall be no earlier than the date on which all required approvals required for a building
permit have been obtained (e.g. Planning Board endorsement of Definitive Plan, Board of
Health approval, Conservation Commission approval, etc).
6. Notwithstanding any prior statements to the contrary, the maximum number of building
permits to be issued and outstanding at any time for lots in each subdivision and contiguous
Form A lots covered by this provision shall be limited to twice the allowed annual
maximum permitted for that project under the provisions of this Bylaw. Allowed building
permits in succeeding years shall be limited to less than the permitted maximum, if
necessary, to insure that this cap is not exceeded.
7. 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 should address the conditions and processes for authorizing building
permits on an annual basis.
8. The invalidity of one or more provision or clauses of this section shall not invalidate or
impair the section as a whole or any other part thereof. (1986/13)
9. 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. At this time, the Town of North Andover
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is currently looking to implement the goals of the Town of North Andover Master Plan,
dated May 2000; as well as to implement the goals of the Affordable Housing Plan, dated
May 2004. The town is also in the process of drafting a Planned Production Strategy to
submit to the Department of Housing and Community Development; as well as
implementing the studies recommended in the DHCD approved Community
Development Plan. 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.
Petition of the Planning Board
Article W. Amend Section 8.8.7 — Adult Use Zone- Application Information of the
Zoning Bylaw. To see if the Town will vote to amend section 8.8.7 of the Zoning Bylaw for
the Town of North Andover as follows:
Section 8.8.7 now reads:
Application information: The application for a special permit for an adult use establishment must
include the following information:
a) Name and address of the legal owner of the establishment, and of the legal owner of the
property;
b) Name and address of all persons having lawful equity or security interests in the
establishment;
c) Name and address of the manager;
d) Number of employees;
e) Proposed provisions for security within and without the establishment;
f) The physical layout of the interior of the establishment.
Amend by adding the following to Section e:
Security personnel paid for by the establishment owner to patrol the parking lot.
Security personnel paid for by the establishment owner to remain inside the business
during operating hours of the establishment;
Section 8.8.7 as amended to read:
Application information: The application for a special permit for an adult use establishment must
include the following information:
a) Name and address of the legal owner of the establishment, and of the legal owner of the
property;
b) Name and address of all persons having lawful equity or security interests in the
establishment;
c) Name and address of the manager;
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d) Number of employees;
e) Proposed provisions for security within and without the establishment; Security personnel
paid for by the establishment owner to remain inside the business during operating hours
of the establishment;
Security personnel paid for by the establishment owner to patrol the parking lot.
f) The physical layout of the interior of the establishment.
Or to take any other action relative thereto.
Petition of the Planning Board
Article X. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities-Add New Section
13 — Municipal Exemption. To see if the Town will vote to amend Section 8.9 of the Zoning
Bylaw by adding a new section 13-Municipal Exemption to read as follows:
13) Municipal Exemption.
All Municipal Departments shall be exempt from the requirements of Section 8.9
Wireless Service Facilities and all other by-laws that restrict or control the modifying or erecting of
towers, antennas of the use of wireless or wired systems that would be used to enhance radio
communications or access to other Town, Federal or State agencies and departments.
Or to take any other action relative thereto.
Petition of the North Andover Police Department
Article Y. Roadway Acceptances — Coachman's Lane (off Great Pond Road, Concord
Street (off Osgood Street) Easy Street (off Abbott Street)Highland View Avenue (Chadwick
St to Furber Ave),Morningside Lane (off Winter Street) Russett Lane (off Dale Street).
To see if the Town will vote to accept the following roadways as public ways; or to take
any other action related thereto.
Coachman's Lane
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 1"=50', dated
9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with
the Town of North Andover Department of Public Works.
Concord 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 9/1/03;
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prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the
Town of North Andover Department of Public Works.
Easy 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
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 Department of Public Works.
Morningside Lane
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 Department of Public Works.
Russett Lane
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/l/03; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill,
MA 01830 on file with the Town of North Andover Department of Public Works.
Petition of the Department of Public Works
Article Z. Roadway Acquisition and Acceptance -Adams Avenue, Autran Avenue
Bunker Hill Street, Douglas Road ,Glenwood Street, Martin Avenue, and Summit Street.
To see if the Town will vote to accept the following roadways as public ways and authorize the
Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise, any fee,
easement, or other interest in the following described roadways, and to award no damages for
said eminent domain takings, or to take any action related thereto:
Adams Avenue
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A way known as Adams Avenue as shown on a Plan of Land entitled, "Street Acceptance
Plan located in North Andover; prepared for Adams Avenue, scale F=60', dated 8/16/04
; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file
with the Town of North Andover Department of Public Works.
Autran Avenue
A way known as Autran Avenue as shown on a Plan of Land entitled, "Street Acceptance
Plan located in North Andover; prepared for Autran Avenue , scale F=40', dated 1/7/05;
prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the
Town of North Andover Department of Public Works.
Bunker Hill Street
A way known as Bunker Hill Street as shown on a Plan of Land entitled, "Street
Acceptance Plan located in North Andover; prepared for Bunker Hill Street, scale 1"=40', dated
2/13/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file
with the Town of North Andover Department of Public Works.
Douglas Road
A way known as Douglas Road as shown on a Plan of Land entitled, "Street Acceptance
Plan located in North Andover; prepared for Douglas Road, scale 1"=40', dated 2/13/04;
prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with
the Town of North Andover DPW.
Glenwood Street
A way known as Glenwood Street as shown on a Plan of Land entitled, "Street
Acceptance Plan located in North Andover; prepared for Glenwood Street, scale 1"=40',
dated 10/15/04 ; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA
01830 on file with the Town of North Andover DPW.
Martin Avenue
A way known as Martin Avenue as shown on a Plan of Land entitled, "Street Acceptance
Plan located in North Andover; prepared for Martin Avenue, scale 1"=40', dated 8/16/04;
prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with
the Town of North Andover DPW.
Summit Street
A way known as Summit Street as shown on a Plan of Land entitled, "Street Acceptance
Plan located in North Andover; prepared for Summit Street, scale 1"=40', dated 1/7/05;
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prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with
the Town of North Andover DPW.
Petition of the Department of Public Works
Article AA. Third Telecommunications Antenna at Stevens Estate at Osgood Hill. To see
if the Town will vote to authorize the Board of Selectmen to enter into a lease and grant an
easement on the Stevens Estate, on terms and conditions the Board of Selectmen deem in the
best interest of the Town of North Andover, for a third telecommunications carrier on the tower
at the Stevens Estate; or to take any other action relative thereto.
Board of Selectmen
Article BB. Amend Chapter 178 of the General Bylaws- Section 3 - Wetlands Protection-
Exemptions. To see if the Town will vote to amend Chapter 178 Section 3 Wetlands
Protection-Exemptions by adding a new subsection 5 —"Projects where the applicant is the Town
of North Andover"; or to take any other action relative thereto.
Chapter 178 Section 3 as amended to read as follows:
178.3. Exemptions:
This Bylaw shall not apply to the following activities:
1. Emergency projects as defined in the Commission's regulations
(Section II); or
2. Maintenance, repair or replacement, without substantial change or
enlargement, of existing and lawfully located structures or
facilities used in the service of the public and used-to provide
electric, gas, water, telephone, or other telecommunication services
to the public; or
3. Normal maintenance of land in agricultural use, as defined in the
Commission's regulations (Section II); or
4. Maintenance and repair of existing public ways; or
5. Projects where the applicant is the Town of North Andover.
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And you are directed to serve this Warrant by posting true and attested copies thereof at the
Town Office Building and one public place in each voting precinct in the Town, said copies to be
posted not less than seven (7) days before the time of said meeting. Given under our hands this
Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the
time and place of said meeting.
NORTH ANDOVER BOARD OF SELECTMEN
Rosemary Connelly Smedile
Chairman
Mark J.T. Caggiano
Donald B. Stewart
Wendy D. Wakeman
James M. Xenakis
NORTH ANDOVER, MASSACHUSETTS
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy:
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