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HomeMy WebLinkAboutMARCH 19, 2004 DRAFT - 2004 ANNUAL TOWN MEETING WARRANT-JAB-CLOSE OF WARRANT DRAFT � pORTFr 9 � �t�EO t tiO t *A^4goR �SSACHUS�� March 19, 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 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- MARCH 21, 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. Amend Town By-laws Chapter 17- Town Meeting - Add New Section to Establish Committee to Develop Revenue and Fixed Expense Proiections for the Town's Annual Operating Budget. To see if the Town will vote to amend the general bylaws (Code of the Town of North Andover), Chapter 17, Town Meeting, by adding the following new section: Section 17-9: Revenue/Fixed Costs Review Committee There is hereby created a committee to advise the town manager on revenue, other financial sources and fixed costs projections for town operating budgets. The Committee shall consist of two finance committee members, one member of the Board of Selectmen, the School Superintendent, the Director of Finance and Administration, the Town Accountant, and the Principal Assessor. The Town Manager shall serve as an ex-officio member of the committee. The committee shall meet within thirty days but no later than December 1st of the issuance of the Board of Selectmen budget policy statement provided for in Chapter 9, Section 2-3 of the Town Charter and shall report to the Town Manager and the Finance Committee their initial estimates for revenues and other financial sources projections and fixed expense estimates for the following fiscal year's annual operating budget within 45 days of the Committee's first meeting. The committee's report shall identify and describe all revenue and financing sources and anticipated fixed costs and shall provide a written rationale supporting estimates contained therein. The committee may continue to meet after the issuance of the Town Manager's Recommended Budget for the purpose of providing continued advice to the Town Manager, the Board of Selectmen and the Finance Committee regarding revenue and fixed costs projections. Finance Committee 2 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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. Article 1. 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. 3 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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 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 Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2004; or take any other action relative 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. 4 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Participants fees, Grants, All programs and Donations, and Division of Division activities, ex , art related ense 022-5423- p p Fundrasing 3437 Youth Services Head time help proceeds $ 250,000 Field rental fees, Grants, Field maintenance, Donations, and relateed Field Division upgrade and related Fundrasing new Maintenance Head expenses proceeds $ 20,000 Participants fees, Grants, Donations, and Division of Division Senior programs, related 022-5590- p g Fundrasing 3564 Elder Service Head classes and activities proceeds $ 50,000 Clinic participant fees, Grants, Donations, and Health Dept Division clinic supplies and related 022-5102- p pp Fundrasing 3424 Revolving Head other expenses proceeds $ 20,000 Wheelabrator Division Wheelabrator 022306- Host Service 3008 Planning Head Air quality monitoring Agreement $ 25,000 Wheelabrator Division To enforce Trash Truck Wheelabrator 022307- Host Service 3083 Public Safety Head regulations Agreement $ 20,000 Protection of health, Wheelabrator 022-4308- Wheelabrator- Division safety and monitoring Host Service 3649 Health Head the air quality Agreement $ 40,000 Field Main Wheelabrator Wheelabrator Wheelabrator Youth Service t Elder Service Health Dept Planning Public Safety 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 Expenditure $ S 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 $ - Expenditure $ s 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 5 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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 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. 6 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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. Town Clerk 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 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 7 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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. 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 as follows: 8 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB To delete the first paragraph of Section 115-5 and replace it with the following paragraph: To maintain compliance with the State solid waste facility regulation 310 CMR 19.017 the Town of North Andover enacts a mandatory bylaw which states that the following will not be allowed in the garbage, rubbish and refuse/trash: To insert the following paragraph at the end of Section 115-5: Single 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 (e.g office paper, newspaper, unwaxed cardboard and cereal boxes) excluding tissue paper, toweling, paper plates, cups, and other low-grade paper products which become unusable to paper mills as a result of normal intended use. (e.g. used paper towels). Cathode Ray Tubes (CRT's) — Any intact, broken, or processed glass tube used to provide the visual display in televisions, computer monitors and certain scientific instruments such as oscilloscopes. (3 10 CMR 19.006) Department of Public Works 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, 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 9 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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 the southwesterly intersection with Bunker Hill Street, thence running North 620-12'-13" East, 40.00 feet to a point, thence running South 270-47'-47" East, 10 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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 11 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB DPW; and to award no damages for said eminent domain taking, or take any other action relative thereto. The roadway is further described as follows: Beginning at a point at the northerly street line of Winter Street, thence running along a curve to the left with a radius of 25.00 feet, 48.95 feet to a point of tangency, thence running North 08°-13'-02" East, 775.00 feet to a point of curvature, thence running along a curve to the left with a radius of 25.00 feet, 39.27 feet to a point of tangency, thence 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 H. 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 12 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB running South 25°-32"-40" East, 10.81 feet to a point, thence running South 04°-25' West, 49.74 feet to a point along the northerly street line of Dale Street, thence running North 87-12'45" West, 6.66 feet along the street line of Dale Street to a point, thence continuing to run along the street line of Dale Street South 69°-06'-10" West, 64.86 feet to the point of beginning. 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. 13 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB For the purposes of this Bylaw, the following terms shall have the following meaning: (a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained (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. 14 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB (d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. (e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments. (f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw. (g) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision held in common or affiliated ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. (h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. (i) Building permits shall be issued in accordance with the Phased Development Schedule. However, the Planning Board may, without a public hearing and upon written request from the applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded. (j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations shall address the conditions and processes for authorizing building permits on an annual basis. 4. Phased Development Schedule (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 15 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. (b) 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. 16 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB a) An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created. b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by-law shall be exempt from the provisions of this by-law. The Planning Board shall have 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. 17 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 8. Severability The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining; 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. 18 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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. 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 19 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 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. 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; or take any other action relative thereto. 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. 20 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 2. Purpose The purpose of this special permit is to encourage the creative re-use and conversion of existing residential structures adjacent to commercial and industrial parcels to a commercial use or mixed use in order to preserve historical structures, provide for additional tax revenue for the Town, provide flexibility to landowners, and to create a transition between residential and business areas. 3. Applicability/Eligibility A lot is eligible to receive a Residential Adaptive Re-Use Special Permit based on the provisions of Section 4.3(6) of this Bylaw, only if at the time of application (and based on the Zoning Map in effect at that time)the subject lot is: A) within the R1, R2, R3 and R4 districts; AND B) is directly contiguous (i.e. directly touching and not separated by a roadway or another parcel) to a parcel in a non-residential district (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 21 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB C) There will be no display of goods or wares visible from the street, with the exception of locally produced agricultural goods. D) There shall be no exterior alterations that are not customary or harmonious with the residential character of the building. E) Any additions to the structure above must comply with the setbacks and dimensional requirements of the corresponding residential district and non- conforming uses must comply with the requirements outline in Section 9 of this Bylaw. F) No more than 25% of the existing structure may be demolished. G) A minimum of 30% of the remaining lot area must remain permeable material such as, but not limited to, vegetation, mulch, and trees, unless specifically waived by the Planning Board during site plan review. H) Any new parking must meet the current parking requirements as designated in Section 8.1, Off Street Parking, shall be located to the rear or side of the building, and shall be screened from the road and abutting properties to be compatible with the character of the neighborhood. Screening shall consist of one or more of the following: fencing, vegetation, flora, deciduous shrubs and/or trees. I) The ZBA and Planning Board may grant special permits for prospective uses and site plans in order that owners may renovate for approval for specific businesses or tenants. Evidence shall be provided that the project is in accordance with the current North Andover Master Plan and if applicable, with the guidelines set forth in The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Revised 1983) (36CFR67) in terms of the rehabilitation of the building and its site. 6. Application and Approval Procedure A) In order to obtain a Residential Adaptive Re-Use Special Permit, an applicant must receive a special permit from the North Andover ZBA approving the intended use and any proposed expansion in accordance with Section 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 22 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 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 and Comcast of Massachusetts Utility Easement — Town Common Area. To see if the Town of North Andover will vote to authorize the Board of Selectmen to grant a utility easement to Massachusetts Electric Company and Comcast of Massachusetts on a parcel of land situated on the northeasterly side of Osgood Street, the southwesterly side of Massachusetts Avenue, and the northerly side of Andover Street, being shown on Assessor's Map 59 as Lot 19 with the easement being shown on a plan described as "North Andover OH to UG Commons Project" which is on file with the Town Clerk's office on such terms as the Selectmen deem to be in the best interest of the Town of North Andover and authorize a petition to the Massachusetts Legislature for special legislation to accomplish the foregoing; or to take any other action relative thereto. 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. 23 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Department of Public Works Article TT. Roadway Acceptance — Avery Park Drive (formerly Donna Drive). To see if the Town will vote to accept as a Public Way: Avery Park Drive (formerly Donna Drive) as shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, MA., prepared for TDJ Development Corp. 40 Lowell Road, Salem, NH 03079, prepared by Andover Consultants, Inc. of Methuen, MA> Plan approved 5/26/92, endorsed 2/6/96 and recorded as Plan #12784 at the Essex North Registry of Deeds on 3/6/96; or take any other action relative thereto. Petition of Domenic J. Scalise and others Article UU. Roadway Acceptance Stonewedge Circle (Off Webster Woods Lane . To see if the Town will vote to accept as a Public Way: Stonewedge Circle as shown on a plan entitled, Stonewedge Circle North Andover , MA., prepared for Campbell Forest, LLC, 231 Sutton St. Suite 2F North Andover, MA 01845, prepared by Engineering Alliance, Inc. of Saugus , MA. Plan dated 9/28/99 and recorded as Plan #13712 at the Essex North Registry of Deeds on 4/13/00; or to take any other action relative thereto. (Stonewedge Circle is off Webster Woods Lane and was originally part of the Campbell Forest Subdivision) Petition of Domenic J. Scalise and others Article VV. Roadway Acceptance Webster Woods Lane (formerly Joanne Drive). To see if the Town will vote to accept as a Public Way: Webster Woods Lane (formerly Joanne Drive) as shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, MA., prepared for TDJ Development Corp., 40 Lowell Road Salem NH 03079, prepared by Andover Consultants, Inc. of Methuen, MA. Plan approved 5/26/92, endorsed 2/6/96 and recorded as Plan #12784 at the Essex North District Registry of Deeds on 3/6/96; or to take any other action relative thereto. Petition of Domenic J. Scalise and others ARTICLE WW. Acceptance of Fee Title and Deeds in Connection with Layout of Public Ways of Webster Woods Lane, Avery Park Drive and Stonewedge Circle. To see if the Town will vote to authorize the Board of Selectmen to accept fee title and confirm the acceptance of deeds to certain lands identified as "Parcel A", "Parcel B" and "Right of Way A", each as shown on a plan entitled, Definitive Subdivision Plan of Land in North Andover, Massachusetts, Scale 1"=200', dated December 4, 1991, Revised March 12, 1992, Owner and Applicant: T.D.J. Development Corp., 40 Lowell Road, Salem, New Hampshire 03079, Engineer and Surveyor: Andover Consultants, 24 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Inc., 1 East River Place, Methuen, Massachusetts 01844," which plan is recorded with Essex North District Registry of Deeds as Plan No. 12784, the conveyance of said lands being made in connection with the layout as public ways of Webster Woods Lane, Avery Park Drive and Stonewedge Circle, and as contemplated by the subdivision approval and plans concerning said roadways; or take any other action relative thereto. Petition of Brian G. Vaughan and others ARTICLE XX. Roadway Acceptance Country Club Circle (off Great Pond Road) as a Public Way. To see if the Town will vote to accept Country Club Circle as a Public Way; or take any other action relative thereto. Petition of John Grasso and others ARTICLE YY . Roadway Acceptance — Delucia Way — off Waverley Road. To see if the Town will vote to accept Delucia Way (off Waverley Road) as a public way; or take any other action relative thereto. Petition of Stephen Smolak and others Article ZZ. Acquisition of Land - Lake Front Property Great Pond Road Adiacent to Water Treatment Plant. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of MGL, Chapter 44 the sums of money necessary to acquire by gift, purchase, or eminent domain approximately 2.1 acres of land adjacent to the Water Treatment Plant on Great Pond Road which is a portion of land known as Map 37A, Parcel 2 shown as Parcel "A" on a plan entitled, "Proposed Land Transfer Plan" dated 3/12/04, scale F=80', on file in the office of the Town Clerk, more particularly described as follows: Beginning at a point along the northerly street line of Great Pond Road said point being the easterly property corner of said parcel, thence running North 32° -00'-00" West, 425.00 feet to a point, thence running South 58° -00'-00" West, 200.00 feet to a point, thence running North 32° -00'-00" West, 300 feet +/- to a point, thence running in a westerly direction, 182 feet +/- along the shoreline of Lake Cochichewick to a point, thence running in a southerly direction along a stone wall 423 feet +/- to a point, thence running North 58° -00'-00" East, 298 feet +/- to a point, thence running South 32° -00' -00" East, 282 feet +/- to a point, thence running North 50° -00'-00" East, 53 feet +/-to a point, said point being the point of beginning. 25 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB And that the Board of Selectmen be authorized to enter into all agreements and execute any and all instruments in accordance with General Laws Chapter 184, as may be necessary on behalf of the Town of North Andover to affect said purchase; or take any other action relative thereto. Petition of Mark H. Rees and others ARTICLE AAL Amend the North Andover Zoning Bylaw by Adding a New Section - Section 15 Planned Commercial Development District. To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 15 Planned Commercial Development District, as follows: SECTION 15—Planned Commercial Development District 15.1 OBJECTIVES The Planned Commercial Development District is intended: a. to allow considerable flexibility under a special permit in the development of tracts of land by requiring few predetermined standards; b. to promote more efficient use of land while protecting natural resources, such as water resources wet lands, floodplains and wildlife; c. to permit a developer to propose, and for the Planning Board to review a site development use and plan unique to a particular location; d. to provide under the special permit process a vehicle for the Planning Board to evaluate the potential impacts of a proposed development and to enable the Planning Board to require adherence to the proposed plans for site development; and e. to permit a development which is compatible with the character of the Town and which benefits economic development of the Town. 15.2 DEFINITIONS 15.2.1. Fast-food, take-out and drive-through; Any establishment primarily for dispensing or serving of prepared food or beverages intended for large volume or fast service with consumption on or off the premises which, because of the nature of the operation, causes a large volume or frequent turnover of vehicular traffic. 15.2.2 Hotel: A building intended and designed primarily for transient or overnight occupancy divided into separate units within the same building or buildings. 15.2.3 Hotel Suite: A group of rooms occupied as a unit. 15.2.4 Other terms used in this Section shall be defined as found in Section 2 of the Zoning Bylaw. 26 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 15.3 PERMITTED USES a. The following uses are permitted: i. Banks and financial services, excluding drive through service; ii. Business and professional offices; iii. All uses allowed in the R-4 Zoning District as set forth in Section 4.122 of the Zoning Bylaw; b. The following uses are allowed only by special permit: 1. PRINCIPAL USES i. Hotel or hotel suite (limited to one in each 2,000 linear feet of street or highway as measured along the centerline); ii. Restaurants serving food and beverages to be consumed within the building excluding "fast food, take out and drive through" establishments; iii. Retail uses, provided there is no outdoor storage or sale of materials or products; iv. Multi-family residential structures, not exceeding eighteen (18) dwelling units per structure; 2. ACCESSORY USES i. Cafeteria within an office building for use principally by the employees of that concern; ii. Private parking garages accessory to allowed principal uses; iii. Indoor recreational facilities such as tennis and racquetball courts as an accessory to a hotel; C. No other uses shall be allowed. 15.4 AREA REGULATIONS a. Residential Dimensional requirements for the R-4 zone shall be as set forth in Summary of Dimensional Requirements (Table II) b. Commercial: i. Minimum Lot Size: 175,000 s.f. ii. Height Maximum: 35 feet (under the special permit review, a hotel may be stepped up in height to a maximum of(60 feet) Note: For this section of the Zoning Bylaw building height is defined as the vertical distance from the existing grade at the center line of the street to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. 27 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB When a building faces on more than one (1) street, the height shall be measures from the average of the grades at the center of each street front. iii. Street frontage: 300 feet iv. Front setback: 100 feet with the first 50 feet as a vegetative V. Side setback: 50 feet (except when adjacent to a residential use where it is 100 feet with a 50 foot visual buffer) vi. Rear setback: 50 feet (except when adjacent to a residential use where it is 100 feet with a 50 foot visual buffer) vii. Floor Area Ratio: 75:1 viii. Lot coverage: maximum of 25% ix. Contiguous Buildable Area: 75% of minimum lot size. Note: Under the special permit process, the above Area Regulations may be waived by the Planning Board if the waivers are consistent with the criteria found in paragraph 15.1 of this Section of the Zoning Bylaw. In addition, the parking requirements set forth in Section 8.1 of the Zoning Bylaw may also be waived by the Planning Board based on a recommendation from the Building Inspector. However, if waivers are requested, the applicant must provide an analysis itemizing benefits gained by the Town through the granting of waivers. 15.5 SPECIAL PERMIT GRANTING AUTHORITY The Planning Board shall be the Special Permit Granting Authority for this section. 15.5.1 Procedures for Obtaining a Special Permit A. Pre-Application Conference Prior to the submission of an application for a Special Permit, the applicant must confer with the Planning Board to obtain information and guidance regarding the development of the parcel. This pre-application conference allows the applicant to meet with the Planning Board before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. B. Preliminary Site Development Plan 1. Purposes: The purposes of a preliminary site development plan is: i. for the developer to demonstrate an understanding of the characteristics of the tract and adjoining land and to present a proposal consistent with those characteristics; ii. for the Planning Board to make a general determination of the feasibility of the development, and; iii. for the Planning Board and other applicable town departments to make an evaluation of the off-site impacts of the development and the ability of public services to accommodate it; 28 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 2. Procedures: i. The applicant shall file eight (8) copies of the Preliminary Site Development Plan, supporting materials, and three (3) copies of the form titled "Submission of Preliminary Plan, Planned Commercial Development" to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerks Office and meet the submittal requirements. ii. The Planning Board, within sixty—five (65) days from receipt of the plan by the Town Clerk, shall review and determine whether the proposed project is generally consistent with criteria of the paragraph 15.1 of this Section. The Planning Board will review the plans during a public meeting and will receive comments from the public, other Town Departments, and applicant. iii. The Planning Board may suggest modifications and changes to the preliminary site development plan that should be made prior to filing for the special permit. Once the sixty-five (65) day review period has passed or the preliminary review has been completed, the applicant may file for the Special Permit. 3. Submission Requirements A preliminary site development plan shall at a minimum include: i. A site analysis map (or series of maps) showing: (1) existing contours at two-foot intervals (2) steep slopes (15% or more) (3) significant soil types (4) significant rock outcroppings (5) water systems (including standing water, brooks or streams, the direction of drainage, wetland resource areas, and the 100 year flood elevation) (6) significant vegetation (including mature trees, unique specimens of vegetation and vegetation that indicates wetness), (7) historically or architecturally significant structures and sites on or adjacent to the site. ii. A locus-context map of all land within 500 feet of any part of the tract showing: (1) all dwellings and principal buildings (2) the land use of each lot (3) lot and right-of-way lines (4) existing contours at two-foot intervals (5) principal natural features (6) zoning district boundaries (7) recorded easements affecting the tract, and (8) public facilities such as conservation land, footpaths, bicycle or paths iii. A preliminary site construction plan showing in a general manner: (1) the location of buildings (2) existing and proposed contours 29 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB (3) the location and dimensions of drives and parking areas (4) the location and characteristics of any common open space or usable open space (5) the proposed drainage system (6) proposed landscaping (7) the anticipated division of the property into parcels in private ownership (8) the yard setback in feet for buildings and parking lots from lot lines and where applicable, a zoning district boundary, a brook, or a pond (9) the boundaries of any common open space or usable open space (10)the maximum height of buildings (11)the distance, in feet, between buildings iv. A table showing: (1) total land area (2) developable site area (3) common or usable open space (4) site coverage of buildings (5) area covered with impervious surface ratio (6) impervious surface ratio (7) gross floor area (8) floor area ratio (9) number or parking spaces (IO)maximum building heights V. Uses to be permitted in the building (this may be narrative in form). vi. A visual representation, such as sketches or photographs, of the general scale massing of buildings vii. Special conditions, if any applicable to the proposed development which may include grants of benefits of the Town such as land for public purposes, construction of improvements (or financial contributions therefore) on behalf of the Town, or other development limitations such as creation or preservation of aesthetics features. viii. Such other and further information as the Planning Board may reasonably request from the applicant C. Submission of Definitive Site Development Plan and Application for a Special Permit: 1. Procedures: a. The applicant shall file eight (8) copies of the Definitive Site Development Plan, supporting materials, and the original time stamped application or a Special Permit, plus two copies to the Planning Office. The Town Planner shall certify that the plans and materials are time stamped and meet submittal requirements. 30 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB b. The applicant will then follow the procedures for obtaining a special permit set forth in Section 10.3 of the Zoning Bylaw. 2. Submission Requirements: The Definitive Site Development plan shall include all of the materials and information contained in the Preliminary Site Development plans with the following modifications and additions: i. a site analysis map based on a field survey; ii. A utilities plan showing location, size, materials and connections to the Town's utilities; iii. Stormwater drainage calculations which support the design of the drainage system shown on the plan must be submitted for review and approval. Calculations must show a mitigation of run-off to zero for the 2, 10, and 100 year storm events. iv. A property rights plan based on an instrument survey identifying parcels to be conveyed to the Town whether by deeds or easement; V. A site construction plan showing proposed changes in contours and identifying landscaping by materials, species of plants and sizes, and specific plans for any common open space; vi. A traffic analysis including proposed mitigating measures, if any, to maintain an acceptable traffic level of service; vii. Detailed plans and elevations of proposed buildings; viii. Preliminary drafts of any deed, easement, offer or agreement to carry out any special condition; ix. Such other and further information as the Planning Board may reasonably request from the applicant; 3. Minimum requirements: The Plan shall be subject to the following conditions. The SPGA shall make a determination that the project meets all of the following criteria: a. The project is consistent with the objectives set forth in Paragraph 15.1 and consistent in the opinion of the SPGA with the plans proposed and modified during the pre-application conference and with the approved preliminary site development plans. b. The proposed project shall not generate traffic flows that, in the opinion of the Planning Board, are excessive for the project location; further, ingress and egress for traffic flow and traffic circulation within the project are designed properly so that there will be no serious hazard to vehicles or pedestrians. C. Adequate parking facilities are provided for each use and structure in the development. 31 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB d. Major facilities or functions are designed to be visually compatible with natural, historical and neighborhood characteristics of the site. e. The project does not adversely affect the natural environment to the detriment of community character. 15.5.2 RELATION TO SUBDIVISION CONTROL ACT Where the parcel to be developed is divided by a Municipal Boundary, the two communities may review and approve the project jointly. Differences will occur between cooperation municipalities "area and setback regulations" from community to community. The intent of this Bylaw is to allow the Planning Board to act at its discretion in coordinating this Planned Commercial Development with abutting zoning district in the neighboring municipality. In no instance can the compromise be more restrict than the standard set by either municipality. Any agreement reached between the communities must meet the minimum requirements of the less restrictive standard. 15.5.3 RELATION TO SUBDIVISION CONTROL ACT Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor obligate the Planning board to approve any related definitive plan for subdivision, nor reduce any time period for Board consideration under that law. However in order to facilitate processing, the Planning Board may insofar as practicable under existing law, adopt regulations establishing procedures for submissions of a combined plan and application which shall satisfy this section and the board's regulations under the Subdivision Control Act; or take any other action relative thereto. Petition of Alberto Angles and others Article AA2. Amend Zoning Bylaw Section 3 — Zoning District and Boundaries — By Adding Planned Commercial Development District and Boundaries and Amending Table 1 and Table 2 of the Zoning Bylaw. To see if the Town will vote to amend the North Andover Zoning Bylaw by amending Section 3, Zoning District and Boundaries, by adding the term Planned Commercial Development District; and amending Table 1 and Table 2 of the Bylaw to include the uses and dimensional requirements of the Planned Commercial Development District. See tables. 32 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB 33 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village General Ind. Ind. Ind. Ind. PCDD 1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 2 3 S Lot Area Min.S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 25,000 80,000 80,000 435,600 50,000 175,00 Height Max(11) 35 35 35 35 35 35 35 35 35 35 60 40 45 55 55 55 55 35 Street Frontage Min(11) 175 150 125 100 85 150 150 125 125 300 200 200 125 150 150 150 150 300 Front Set Back Min.(11) 30 30 30 30 25 30 25 30 25 100 50 50 25 50 50 100 30 100 Side Set Back Min.(11) 30 30 20 15 15 25 15 20 25 50 50 25 25 50 50 200 20 50 Rear Setback Min(11) 30 30 30 30 30 30 30 30 30 50 50 25 35 50 50 200 30 50 Floor Area Ratio Mix N/A N/A N/A N/A N/A 0.75:1 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A N/A 0.50:1 0.50:1 0.50:1 0.50:1 0.75:1 Lot Coverage Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 35% 35% 35% 35% 35% 25% Dwelling Unit Density Max/Acre N/A N/A N/A N/A 1/acre Multi-Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Townhouse Open Space 25% 'Two stories not to exceed 40ft. "Refer to Sections 8.1 (13)and 8.4(6) Please refer to footnotes for additional information 34 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Permitted Use Residential Business Industria RI-3 R4 VR R5 R6 B1 B2 B3 B4 VC GB Il I2 Agricultural Use* Y Y Y Y Y Y Y Y Y N Y Y Y Art Gallery N N N N SP Y Y Y Y Y Y Y Y Auto Service Station* N N N N N N Y* Y* N N Y N Y* Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N Y Banks and Financial Services N N N N SP* N N N N Y Y N N Bus Garage N N N N N N N N N N Y N Y Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y Car Wash N N N N N N N N N Y Y N Y Congregate Housing N SP N N N N N N N N N N N Continuing Care Retirement Center Y* N N N N N N N N N N N N Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y N* N* Funeral Parlor N N N N SP N Y Y N Y Y N N Golf Course Y Y Y Y Y N N N N N N Y Y Guest House N Y Y Y Y N N N N N N N N Hotel and Hotel Suite N N N SP N N N N Y* N N N N Independent Elderly Housing Y N N N N N N N N N N N N Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N N Indoor Ice Skating Facility N N N N N N N N N N N SP N Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N Y Manufacturing* N N N N N N N N N N N Y Y Medical Center* N N N N N N Y Y Y Y Y Y Y Motel or Hotel N N N SP N N N N Y* N N N N Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N N N Municipal Recreation Area Y Y Y N Y N N N N N N N N New Car Sales* N N N N N N N Y N N Y N N Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N N One-Family Dwelling Y Y Y Y Y Y N N N N N N N Personal Services N N N N* SP* Y Y Y N* Y Y N* N* Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y SP: Allowable with a Special Permit only. Note: This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw. ** See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure Or to take any other action relative thereto. Petition of Alberto Angles and others 35 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB ARTICLE ZZ Amend the North Andover Zoning MAP - Parcels on Waverly Road and Turnpike Street. To see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Waverley Road and Route 114 (also known as Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten residential parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41 and 47; and five fronting on Waverley Road with street addresses of 768, 782, 792, 802 and 814, all parcels as shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19, 20, 21, 23, 24, 25, 26. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 4 to be placed by the Zoning district Planned Commercial Development. Said parcels are shown on the attached Figure 1; or to take any other action relative thereto. Petition of Alberto Angles and others MAP ARTICLE AAL Amend Zoning Map Parcels fronting Waverley Road and Route 114 - Assessors Map 27 Parcels 16,17,18,19,20,21,23,24,25,and 26. To see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels fronting along Waverley Road and Route 114 (also known as Salem Turnpike) and totaling approximately 5.3 acres. Said parcels consisting of ten residential parcels; five fronting on Route 114, with street addresses of 21, 29, 35, 41, and 47; and five fronting on Waverly Road with street addresses of 768, 782, 792, 802 and 814, all parcels as shown on the North Andover Assessors Map 27; as parcels 16, 17, 18, 19,20, 21, 23, 24, 25, 26. The amendment of the Zoning Map for the aforementioned parcels shall be from the current zoning designation of Residential 4 to be replaced by the zoning district General Business GB. Said parcels as shown on the attached Figure 1.;or to take any other action relative thereto. MAP-FIGURE 1 Petition of Hector 1. Rivera and others 36 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB ARTICLE AA2. Amend Zoning May — Office Building 1060 Osgood Street Intersection of Route 125 and 133 — Assessors May 25 Parcel 29 from I2 (Industrial 2) to Business 2 (112). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone the two-story office building located at 1060 Osgood Street at the intersection of Routes 125 and 133 North Andover Assessor's Map 35 Parcel 29 from I2 (Industrial 2) to B2 (Business 2); or take any other action relative thereto. Petition of Martin S. Cohen and others ARTICLE AA3. Amend Chapter 170 of the General Bylaws of the Town of North Andover — Paragraph D — Section 3. To see if the Town will vote to amend paragraph D of Section 3 of Chapter 170 — Underground Utilities Bylaw by inserting after "Old Common" the words "Area: along the former Essex Street from Academy Road to Great Pond Road;"; or to take any other action relative thereto. Chapter 170, Section 3, Paragraph D now reads: D. Old Common: along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. [Added by Article 21 2001 Annual Town Meeting. Approved by Attorney General September 12, 2001] Petition of Keith A. Mitchell and others ARTICLE . Accept a Plan for the Town of North Andover—David c. Rand and Others. To see if the Town of North Andover will vote at Town Meeting to accept a plan as set out in the Beaver Flow Chart. This plan can be added to from time to time as needed. This plan is intended to be a long-term management plan for land owners and the Town to address beaver and flooding problems. The definition of land owner is: Any person or persons owning land in the Town of North Andover. This plan will call for the Town of North Andover to inspect and maintain all brooks and streams within the watershed area of Lake Cochichewick. The Department of Public Works shall maintain all waterways near sewer pumping stations. They shall have the right to remove any and all materials that may impact these pumping stations. In the event that a beaver dam or any other type of da is 37 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB constructed in or upon such brook or stream, they will notify the Conservation Commission and the Board of Health. The area below such dams shall be inspected, before removal of dams or obstructions, to prevent flooding of property or homes. A home owner or land owner may enter into a long-term agreement with the Board of Health and Conservation Commission to maintain said owners property. This agreement shall be a written document, signed by the Board of Health and the Conservation Commission. The agreement shall be made by the land owner and any expense incurred thereof shall be paid by the land owner. Should an agreement be made, and a property sold, it can be updated with the Town. This plan is not intended to interfere, reduce, or transfer jurisdiction from one department to another on a long-term basis. State law will apply in all situations. If an agreement is applied for by a land owner that may have an impact on another, each owner must sign off on the agreement. The person asking for the agreement must get the sign off A copy of the agreement shall be kept on file with the Board of Health, the Conservation Commission, and the Department of Public Works. A land owner may, at their own expense, record such agreement at the Registry of Deeds, in compliance with state law. In the event there is a dispute between land owners, the discretion of the division of government having jurisdiction by law will apply. This plan shall be added to the Code of the Town of North Andover, as published by General Code Publishing Corp., 1989. (THIS SHOULD BE CHANGED TO INCORPORTATING IN THE GENERALS BYLAWS OF THE TOWN AS WE MAINTAIN UPDATES - JAB) Petition of David C. Rand and others ARTICLE Appropriation of Funds for Securing Veterans and Indigent Lots from Ridgewood Cemetery Associates. To see if the Town will vote to appropriate the sum of $9,000 (Nine Thousand Dollars) to be expended under the direction of the Board of Selectmen for the purpose of securing veterans and indigent lots from the Ridgewood Cemetery Associates; or take any other action relative thereto. Petition of Robert A. Smith and others ARTICLE Petition the Legislature-Amend Chapter 2 of the Charter for the Town of North Andover — New Section 10 — Citizen Participation Mechanisms. To see if the Town will vote to authorize the Board of Selectmen to petition the 38 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Massachusetts Legislature to Amend Chapter 2 of the Charter for the Town of North Andover by adding the following section as described below, beginning with Section 10 Citizen Petition Mechanisms; or take any other action relative thereto. Furthermore, this Amendment will be subsequently subject to approval by a favorable vote of the inhabitants of the Town of North Andover qualified to vote in elections and town affairs, at the next annual town election after Legislative approval. The question approving the Amendment shall appear on the ballot substantially the same as outlined in MGL, Chapter 4313: Section 11. Section 10 Citizen Participation Mechanisms 2-10-1 Right of Initiative Petition; Initiative Procedures. Registered voters of the town may, by initiative petition propose to any annual or special town meeting the passage of a measure and, if such measure not be passed by said town meeting, may cause such measure to be submitted to the voters of the town for their approval thereof as hereinafter provided. However, no measure shall be proposed by initiative p[petition hereunder which: (1) makes a specific appropriation of money from the treasury of the town or other than an appropriation to pay for the costs of a study, (2)amends the zoning map or zoning by-laws of the town, (3) increases taxes or fees, or (4) proposed the submission to the voters of the town of an amendment to the charter . An initiative petition shall set forth the full text of the measure proposed by the petitioners, and shall be signed by not less than one hundred registered voters of the town each of whom shall sign his or her name and record his or her address on the petition as they appear on the list of registered voters. The initiative petition shall be submitted to the Town Clerk prior to the town meeting deadline for warrant articles. Upon certification of signatures, Town Clerk shall forward the initiative petition to Town Counsel. If Town Counsel certifies that the measure proposed by the initiative petition does not conflict with the constitution or laws of the Commonwealth, and that it includes only subjects not excluded from the initiative by this section, the initiative petition shall then be filed by him with the Board of Selectmen, who shall cause the measure proposed therein to be included in the warrant for the annual or special town meeting as an initiative article, so designated; provided, however, that if the Town Counsel shall fail, within ten days following his receipt of an initiative petition, to notify the Board of Selectmen in writing of his reasons for not certifying the petition, that petition shall been deemed to have been certified by him, and the Board of Selectmen shall cause the measure therein proposed to be included in the warrant as an initiative article, so designated. 39 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB Whenever an initiative article is included in the warrant for an annual or special town meeting, the moderator shall give to the first named signer of the initiative article, or his designee, the privilege of making the first motion under the initiative article, which shall be in the words of the proposal in the article. The moderator shall not accept any amendments or substitute motions without the express approval of the person offering the first motion under the initiative article. Action under an initiative article shall be taken by majority, two-thirds or such other cote as may be required by the nature of such action under applicable state laws. If such annual or special town meeting shall dissolve without having adopted, enacted, or voted passage of the motion presented under an initiative article, but if at least one- fifth of the total number of town meeting voters voting upon the motion shall have voted in the affirmative, the original petitioners of the initiative article may complete their petition by filing with the Board of Selectmen an additional number of signatures of registered voters of the town which, when combined with the signatures of the original petitioners, will equal in number not less than fifteen percent of the total number of persons registered to vote in the town. Each additional signatory voter shall sign his or her name, and record his or her address upon the petition as they appear on the list of registered voters, and all such additional signatures shall be gathered not earlier than the day after which the town meeting dissolved, and shall be filed with the Board of Selectmen as set forth above not later than sixty days, exclusive of Sundays and legal holidays, following the dissolution. If the annual or special town meeting shall have adopted, enacted or voted passage of any other separate motion as an alternative to the initiative article motion, such other motion to be designated an alternative motion by Town Counsel , the original petitioners of the initiative article may in like manner complete their initiative petition by filing with the Board of Selectmen an additional number of signatures, all as provided in the next paragraph: Within ten days after the filing of the completed initiative petition, the Selectmen shall issue a call for a special election, which shall be held within thirty days after the issuing of that call, for the purpose of presenting to the voters the measure proposed in the initiative petition which has been acted upon unfavorably by the town meeting, and any alternative measure which may have been adopted by the town meeting, provided , however, that the election shall not be held during the exclusionary period from June 30th to September 7th. In the event a special election has been scheduled during this exclusionary period for other reasons, then the exclusionary period will not apply and the special election for the initiative petition measure will be held on the same date as the other scheduled special election. Both the initiative petition measure and any alternative measure shall appear upon the ballot to be voted upon by the voters, and shall be stated in the same language and form used in the motions acted upon by the town meeting. 40 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB If a majority of the voters shall vote in the affirmative, with at least twenty percent of the registered voters voting, on either the initiative article motion or upon the alternative motion, the measure voted upon in the affirmative by the number of voters thus required, or the measure receiving the larger number of votes if conflicting measures are approved shall take effect immediately or at such later time as may be specified in the measure, or if it be a by-law subject to the approval of the Attorney General, it shall take effect subject to Section 32 of Chapter 40 of the General Laws; provided however, that any measure the passage of which shall by law require a two-thirds affirmative vote in a town meeting shall, if proposed by an initiative petition, or if it be an alternative measure proposed by initiative petition, or adopted by affirmative vote of the town meeting, and approved by the voters of the town under this section shall, after a period of 12 months, be subject to amendment, revision or repeal by town meeting, providing that such action does not conflict with the constitution or laws of the Commonwealth. No provision in this section shall negate or in any way limit the right of town or more registered voters to have an article inserted in the annual town meeting warrant at their written request, or the right of one hundred registered voters of the town to have an article inserted in a special town meeting warrant at their written request, all as provided for in Chapter 39, Section 10, of the General Laws. No provision in this section shall negate in any way the Massachusetts General Laws, North Andover Charter and North Andover Bylaws governing the conduct and other requirements of special and annual town meetings. 2-10-2 Right of Referendum; Referendum Procedures A vote passed at any town meeting authorizing the expenditure of fifty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of ten days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within ten days, a petition, signed by not less than three percent of the registered voters of the town, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened a seven o'clock in the morning and shall be closed not earlier than eight o'clock in the evening, and all votes upon any question shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each 41 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB question so submitted shall be in the form of the following question, which shall be placed upon the official ballot:-- "Shall the town vote to approve the action of town meeting whereby it was voted (brief description of the substance of the vote and by what vote thereon if such vote was tabulated)?" If such petition is not filed within the period of ten days, the vote of the town meeting shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four. Petition of Albert F. Movsesian and others ARTICLE Planning Board Study of Land North of Route 125 and Sutton Street. To see if the town of North Andover will vote to request the Planning Board to study all land and buildings located north of Sutton Street and Route 125 from its intersection with Sutton Street to the Haverhill border for the purposes of making recommendations to Town Meeting for future land uses, zoning and any other recommendation applicable to this property. This study shall include, but not be limited to, proposed roadway and traffic improvements and determining the highest and best use utilization of existing buildings, including but not limited to, the former Lucent property. The Study shall make recommendations for the Town to take any actions necessary to protect the health and safety of the people of North Andover and encourage the highest and best used of this property. The Planning Board will hold public hearings as part of this study and allow citizens, property owners, tenants and other interested parties an opportunity to participate and comment as part of the study. The Planning Board shall make its recommendations resulting from the study available sixty days prior to the May 2005 Annual Town Meeting; or take any other action relative thereto. Petition of Robert Ercolini and others ARTICLE Add of Clarify Section 8.8 — Adult Use Zone of the Zoning Bylaw. To see if the Town will vote to add to and/or clarify section 8.8 of the existing Zoning Bylaw for the Town of North Andover by inserting the following language at the end of the first paragraph entitled "Section 8.8 Adult Use Zone". Be it resolved that the Special Permit Granting Authority, in considering an application for Special Permits for Adult Uses, pursuant to Section 8.8 Adult Use Zone of the Zoning Bylaw Town of North Andover requires that the applicant for such a permit to apply for and receive all other necessary permits and approvals, including but not limited to those required from the Building Inspector(s), Planning Board, Conservation Commission, Board of Health, other public safety agencies within the Town and any other agencies or boards that the Special Permit Granting Authority deem relevant and appropriate, before making its decision to issue or deny a Special Permit for Adult Uses. Accordingly, the Special Permit Granting Authority may accept, from other issuers of permits and approvals, conditional permits and approvals that are subject solely to the 42 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB granting by the Special Permit Granting Authority approval of the Special Permit for the Adult Use Zone. Petition of Robert Ercolini and others ARTICLE 43 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 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 44 2004 DRAFT ANNUAL TOWN MEETING WARRANT- MARCH 21, 2004 - JAB