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HomeMy WebLinkAboutFEBRUARY 12, 2004 DRAFT - 2004 ANNUAL TOWN MEETING WARRANT-JAB DRAFT � pORTFr 9 � �t�EO t tiO t *A^4goR �SSACHUS�� February 12, 2004-JAB 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 North Andover High School Field House on Monday May 10, 2004, 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 2003 Annual Town Report and to hear the reports of any special appointed committees. Article B. Authorization of the Town Manager or Superintendent of Schools Re2ardin2 Contracts in Excess of Three Years. To see if the Town will vote 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 take any other action relative thereto. 1 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article C. Authorization to Accept Grants of Easements. To see if the Town will vote 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 take any other action relative thereto. Article D. Authorization to Grant Easements. To see if the Town will vote 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 take any other action relative thereto. Article E. Establish Committee to Develop Revenue and Fixed Expense Proiections for the Town of North Andover's Annual Operating Budget. To see if the Town will vote to establish an ad hoc committee comprised of the Town Manager, the Town Finance Director, the Superintendent of Schools and two Finance Committee members in order to develop revenue projections for annual operating budget. The committee members shall meet no later than December 1 of each year in order to draft initial estimates of revenue projections and fixed expense estimates for the following fiscal year's annual operating budget. Within 45 days thereafter, the committee will meet again to update the estimates, and shall forward the final estimates to the Finance Committee forthwith. Finance Committee Article F. 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 take any other action relative thereto. Article G. 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. Article H. 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. 2 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article I. 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. Article J. 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. Article K. 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 L. 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 take any other action relative thereto. Article M. 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 take any other action relative thereto. Article N. 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 take any other action relative thereto. Article O. 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 take any other action relative thereto. Article P. 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 take any other action relative thereto 3 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article Q. 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 take any other action relative thereto. Article R. Establishment of Revolving Funds. To see if the Town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Law, Chapter 44, Section 53E1/2 for the fiscal year beginning July 1, 2004 to take any other action related thereto: 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. Revenue Revolving Fund Authorized to Spend Use of Funds Source FY 2005 Limit Division of All programs and Youth activities, expense, Participants A Services Division Head part time help fees $ 250,000 Field maintenance, Field upgrade and related Field rental B Maintenance Division Head expenses fees Division of Senior programs, Participants c Elder Service Division Head classes and activities fees $ 50,000 Clinic Health Dept Public Health clinic supplies and participant D Revolving Director other expenses fees $ 10,000 Wheelabrator Wheelabrator Host E Planning Division Head Air quality monitoring agreement $ 25,000 Wheelabrator Wheelabrator To enforce Trash Host F Public Safety Division Head Truck regulations agreement $ 10,000 Protection of health, Wheelabrator Wheelabrator- safety and monitoring Host G Health Division Head the air quality agreement $ 25,000 4 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Wheelabrato Youth Wheelabrato r Public Wheelabrato Service Field Maint Elder Service Health Dept r Planning Safety r Health A/C 5423 A/C 5590 A/C 5102 A/C 4306 A/C 4307 A/C 4308 Balance $ $ $ $ $ 7/1/02 160,124 $ 21,496 $11,332 81,821 50,000 74,812 FY03 $ $ $ $ $ Receipts 231,522 $ 15,033 $ 8,091 25,000 11,800 37,029 FY03 Expenditur $ $ $ $ $ es (183,402) $ (32,557) $(4,707) (28,874) (14,139) (18,476) Balance $ $ $ $ $ 6/30/03 208,244 $ 3,972 $14,715 77,947 47,661 93,365 Receipts $ $ $ $ $ to 12/31/03 63,826 $ 7,285 $ 7,235 25,000 7,500 - Expenditur es to $ $ $ $ $ 12/31/03 137,586 $ 2,493 $ 3,846 37,911 48,899 Balance $ $ $ $ $ 12/31/03 134,484 $ 8,763 $18,104 102,947 17,250 142,264 Article S. 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 to implement the Section 9-3-3 of the Town Charter: Section 59-7 Presentation of Budget Articles: Pursuant to Section 9-3-3 of the Town Charter, the Board of Selectmen or their designee, shall present to the Town Meeting the various budgets of the town including the general fund, capital improvement fund and enterprise funds and amendments thereto. The presentation shall consist of a report to town meeting explaining the proposed budgets or budget amendments including a summary of revenue or other financing sources projections and recommended expenditures followed by a motion to town meeting to implement the budget recommendations. The Finance Committee shall be afforded the first opportunity to make an amendment to the Board of Selectmen budget motions. Article T . Amend Chapter 59 - Code of North Andover- New Section - Main Motions By the Finance Committee. To see if the Town will vote to amend the General Bylaws (Code of the Town of North Andover by adding a new section to confirm the Finance Committee's responsibility for making main motions, in keeping with existing practice. Section 59-x: Main Motions by the Finance Committee. In consideration of an article by Town Meeting, any favorable recommendation by the Finance Committee will be taken as the main motion, made and seconded. If the Finance Committee's recommendation is unfavorable or to take no action, then a positive main motion will be 5 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB sought from another voter. Town officers, boards or committees will meet any responsibilities to report or present to Town Meeting by addressing the main motion with supporting or opposing statements, or with proposed amendment of the main motion. Petition of the Moderator Article U. 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 amend Chapter 2 Section 2 of the Charter for the Town of North Andover by deleting Section 2-2 this now reads: 2-2-2 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 days, but at least 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. Town Clerk Article V. 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 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. Article W. Report of the Community Preservation Committee. To see if the Town will vote to receive the report of the Community Preservation Committee; or take any other action relative thereto. Community Preservation Committee 6 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article X. Appropriations - Community Preservation Fund. 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 take any other action relative thereto. List of Appropriations— Community Preservation Fund Community Preservation Committee Article Y. Tax Increment Financing Plan— 1600 Osgood Street (Former Lucent Technologies). To see if the Town will vote to approve the 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 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 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. A copy of the TIF Plan is on file with the Town Clerk; or take any other action relative thereto. Article Z . 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. Article AA. 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. 7 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article BB. 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 10013; or to take any other action relative thereto. Article CC. 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 by adding the following: 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: Single Resign 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 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. office paper, newspaper, unwaxed cardboard and cereal boxes, but not 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 Article DD. Roadway Acquisition — Coachman's Lane (Off Great Pond Road). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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/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 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, 8 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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 O1°-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 590-52' East, 44.31 feet to the point of beginning; or take any other action relative thereto. Department of Public Works Article EE. Roadway Acquisition - Concord Street (Off Osgood Street). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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 F=40', 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 Osgood Street, said point being 140.47 feet easterly of a Massachusetts Highway Bound with drill hole, thence running North 270-47'-47" West, 776.05 feet to a point, said point being 9 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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; or take any other action relative thereto. Department of Public Works Article FF. Roadway Acquisition — Easy Street (Off Abbott Street). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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; or take any other action relative thereto. Article GG. Roadway Acquisition — Highland View Avenue (From Chadwick Street to Furber Avenue). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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; or take any other action relative thereto. Article HH. Roadway Acquisition — Morningside Lane (Off Winter Street). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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: 10 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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 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 080-13'-02" West, 95.00 feet to a point; thence continuing to run South 080-13'-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 610-09'-30" West, 89.33 feet along the street line of Winter Street, thence continuing to run along the street line of Winter Street, North 590-36'-30"West, 12.98 feet to the point of beginning; or take any other action relative thereto. Department of Public Works Article 11. Roadway Acquisition- Russett Lane (Off Dale Street). To see if the Town will authorize the Board of Selectmen to acquire by gift, purchase, or eminent domain 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, 11 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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. Department of Public Works Article JJ. Street Acceptance—Weyland Circle (Off Foxwood Drive) To see if the Town will vote to accept as a public way 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 1"=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 take any other action relative thereto. Department of Public Works Article KK. Amend Zoning Bylaw— Phased Development Section 4.2. To see if the town will vote to amend the Zoning Bylaw for 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: 12 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB (a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained (e.g. Planning Board endorsement of Definitive plan, Board of Health approval, Conservation Commission approval, etc.) (b) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling units. (c) "Development" shall mean a single parcel or set of contiguous parcels of land held in common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for which one or more building permits are sought. (d) "First Year" shall be the number of lots eligible for building permits in the first year of the development, which shall be prorated (based on 1/12th scenario) from the anniversary date to December 31, Fractions of.5 or greater shall be rounded up to the nearest number and fractions less than .5 shall be rounded down. (e) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section, which outlines the maximum building permit issuance per development. 3. Regulations. (a) Beginning on the effective date of this section, no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Section 6 below. (b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, contiguous Form A lots held in common or related ownership on the effective date of this by-law, site plan review applications, and special permits, which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land that have been in the same ownership at any time on or subsequent to the date of adoption of this section. (c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a. (d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. 13 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB (e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments. (f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw. (g) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision held in common or affiliated ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. (h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. (i) Building permits shall be issued in accordance with the Phased Development Schedule. However, the Planning Board may, without a public hearing and upon written request from the applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded. (j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations shall address the conditions and processes for authorizing building permits on an annual basis. 4. Phased Development Schedule (a) Building permits for new dwelling units shall be authorized only in accordance with the following Phased Development Schedule: Maximum Units for Number of Units in Minimum Years which Building Records Subdivision Development for Development May be Issued Per Year 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 14 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. (b) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall supersede the first Phased Development Schedule at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development schedule. (c) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising the authorization schedules due to abatements. 5. Requirements. (a) All definitive subdivisions, Form A approvals, special permits, and site plan review applications shall include a proposed Phased Development Schedule by the applicant. (b) Phased Development Schedules. i. Phased Development Schedules shall be determined by the Planning Board at the time of approval of any such application. Such schedules shall be included as a condition of approval of the application. ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules based solely on approvals granted by the Planning Board. iii. All Phased Development Schedules with approved authorization shall be recorded with the application approval decision with the Town Clerk. In order to effectuate the schedule for the purposes of obtaining building permits, the applicant shall record the approval decision with the Phased Development Schedule at the Registry of Deeds. 6. Exemptions. The following developments are specifically exempt from the provisions of this bylaw. a) An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created. 15 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by-law shall be exempt from the provisions of this by-law. The Planning Board shall have exclusive authority to render all decisions on exemption requests. c) Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: i. Occupancy of the units is restricted to households qualifying under Local Initiative Programs and the New England Fund as administered by the Massachusetts Department of Housing and Community Development. ii. The affordable units are subject to a properly executed and recorded deed restriction running with the land that shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index, plus the cost of any improvements certified by the Building Inspector. d) Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a properly executed and recorded deed restriction running with the land. For purposes of this Section "senior" shall mean persons over the age of 55. e) Development projects which voluntarily agree to a minimum 40% permanent reduction in density, (buildable lots), below the density, (building lots), permitted under zoning and feasible given the environmental conditions of the tract, with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, and dedication to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection. f) Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section shall receive a one- time exemption from the Development Scheduling provisions for the purpose of constructing one single family dwelling unit on the parcel. 7. Zoning Change Protection Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. 8. Severability The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the 16 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB validity or constitutionality of any of the remaining; or take any other action relative thereto. Article LL. 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, and amending the language of Section 4.2, Phased Development Bylaw. ARTICLE MM. Amend Zoning Bylaw Sections 4.122.14 and Section 9.3,9.3A and 9.3b Special Permit in R4 District. PURPOSE: To amend the Town of North Andover Zoning Bylaw in order to require two-family dwellings, or conversion or single-family dwellings to two- family dwellings in the RESIDENTIAL 4 DISTRICT, to obtain a special permit from the Zoning Board of Appeals, subject to meeting certain criteria and design criteria. (a) 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, and (b) by deleting the words "two family" in Section 9.3; 9.3.a; and 9.3.b of the Town of North Andover Zoning Bylaw so as to now read: "Pre-Existing Non-Conforming Single- Family Residential Structures and Uses" as listed in those noted sections: 14. 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.e of this Bylaw. c. The conversion of an existing one-family to a two-family dwelling, subject to a special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.e 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. 2. There must be two parking spaces for each unit. 3. No parking shall be permitted within fifteen feet of any lot line. 4. No garage or carport shall face the street unless it is located at least 20 feet behind the front facade of the principal structure. 17 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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 unless prohibited by the State Building Code. 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. d. The conversion of an existing dwelling to accommodate not more than five (5) family units, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.d of this Bylaw. e. Special Permit Granting Criteria for Two-Family Dwelling and One-Family to Two-Family or Multi-Family Conversions. The Zoning Board of Appeals may approve a special permit for a proposed use or building, dwelling or structure as defined in Section 4.122.14.b. or 14.c upon finding that the application complies with the purposes of this Bylaw, to the degree consistent with a reasonable 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 preserves historic built resources or achieves compatibility with the traditional neighborhood elements of the Residential 4 District. 3. The degree to which the proposed use furthers the Town's interest in providing a range of housing types, where applicable. 4. 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 should compliment and reinforce the design features of these neighborhoods. 18 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB ii) Achieve design compatibility with architectural features, exterior materials and colors of surrounding buildings. iii) Preserve existing structures of historic value. Buildings, dwellings or structures listed on the National Register of Historic Places or the State Register, or that 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. iv) Preserve established, mature vegetation. V) Avoid monotonous facades and window placements. A pitched or gabled roofline, consistent with surrounding structures, is appropriate. A flat or nearly flat roofline is inappropriate. f. The right to apply for a special permit to convert an existing one-family dwelling shall extend to any dwelling under the ownership of one single person, partnership, or corporation to be converted for use as a dwelling of not more than five (5) family 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 single ownership must be supplied with the application. Article NN. 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, 19 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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 (131-134, 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 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. 20 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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 4.3(5A) 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 take any other action relative thereto. Article 00. 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 to remove the existing language and replace it with the language of the Model Bylaw prepared by FEMA. LANGUAGE WILL BE FORTHCOMING 21 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB Article PP . Acquisition of Land— Community Preservation Committee—Land Located at Half Mile Hill Summit. DESCRIPTION OF LAND TO BE PURCHASED AND MOTION TO FOLLOW Community Preservation Committee Article QQ. Petition the General Court - Authorization Massachusetts Electric 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. Article RR. Petition the General Court - Authorization Massachusetts Electric 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 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. Article SS. Roadway Acquisition—Foxwood Drive (Off Salem Street). To see if the Town will vote to accept as a public way Foxwood Drive 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 take any other action relative thereto. Department of Public Works 22 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 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. 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 Wendy D. Wakeman Chairman Mark J.T. Caggiano RosemaryConnelly Smedile Donald B. Stewart James M. Xenakis NORTH ANDOVER, MASSACHUSETTS Joyce A. Bradshaw, Town Clerk Attest: A True Copy Constable - Date 23 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB 24 2004 DRAFT ANNUAL TOWN MEETING WARRANT- FEBRUARY 12, 2004 - JAB