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Home My WebLink About2005 ATM MOTION BOOK-FINAL WITH ALL AMENDMENTS-FOR MINUTES AND CERTIFICATIONS pORTy E 0 A 7q 0R ATE D SSACHU`�� Town of North Andover Annual Town Meeting Warrant May 9,2005 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter,you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School on Monday May 9,2005,at 7:00 PM then and there to act upon the following articles: CHAIRMAN SMEDILE: MR. MODERATOR, ROSEMARY CONNELLY SMEDILE, 65 GREENE STREET, CHAIRMAN OF THE BOARD OF SELECTMEN. I MOVE THAT THIS MEETING DISPENSE WITH THE READING OF THE WARRANT, AND WITH THE READING OF THE CONSTABLE'S RETURN OF SERVICE OF THAT WARRANT. I FURTHER MOVE THAT THE MODERATOR NOT BE REQUIRED TO READ ARTICLES OF THE WARRANT VERBATIM, BUT BE ALLOWED TO REFER TO ARTICLES BY NUMBER AND BY SUBJECT MATTER. {SECOND; VOTE} MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 1 Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees, or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action ARTICLE 1. REPORTS OF SPECIAL COMMITTEES. MOTION: MOVE TO HEAR THE REPORTS OF ANY SPECIAL COMMITTEES RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL MARK J.T. CAGGIANO—ZONING TASK FORCE REPORT MARK NICHOLS—FINANCE COMMITTEE—FIXED REVENUE COM MITTEE REPORT NOTES: REPORT OF THE ZONING TASK FORCE REPORT OF THE FIXED REVENUE COMMITTEE . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 2 Article 2. Consent Articles. To see if the Town will vote the following consent articles. A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the re- ports of receipts and expenditures as presented by the Selectmen in the 2004 Annual Town Report. B. Authorization of the Town Manager or Superintendent of Schools Regarding Con- tracts in Excess of Three Years. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superin- tendent 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 Commit- tee,as appropriate. C. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for water,drainage, sewer,roadway and utility purposes on terms and conditions the Board and Committee deem in the best in- terest of the town. D. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway and utility pur- poses on terms and conditions the Board and Committee deem in the best interest of the Town. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 3 ARTICLE 2. A. REPORTS OF RECEIPTS AND EXPENDITURES. B. AUTHORIZA- TION OF THE TOWN MANAGER OR SUPERINTENDENT OF SCHOOLS REGARDING CONTRACTS IN EXCESS OF THREE YEARS. C. AUTHORIZATION TO ACCEPT GRANTS OF EASEMENTS. D.AUTHORIZATION TO GRANT EASEMENTS. MOTION: MOVE TO ADOPT ARTICLE 2 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: THESE ARE RECURRING ARTICLES RECOMMENDED BY TOWN COUNSEL. TOM URBELIS WILL EXPLAIN IF NECESSARY. MODERATOR WILL CALL ALL ARTICLES AND THEY MAY BE VOTE INDIVIDUALLY. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 4 Article 3. 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, per annum, in addition $300 School Committee, per person, per annum $2,000 Chairman, per annum, in addition $300 Moderator, For Annual Town Meeting $100 For each Special Town Meeting $50 or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 5 ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. MOTION: MOVE TO ADOPT ARTICLE 3 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL COMMENT FROM FINANCE COMMITTEE NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 6 Article 4.Amend General Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under Article 10 of the 2004 Annual Town Meeting,or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:............... Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 7 ARTICLE 4. AMEND GENERAL FUND APPROPRIATION FOR FISCAL YEAR 2005. MOTION — JACK WATKINS — FINANCE COMMITTEE CHAIR - PLEASE READ AMOUNTS INTO RECORD—NOTE TRANSFER INFORMATION AT BOTTOM. MOTION: MOVE TO AMEND THE GENERAL FUND APPROPRIATION FOR FISCAL YEAR 2005 AS VOTED UNDER ARTICLE 10 OF THE 2004 ANNUAL TOWN MEETING AS LISTED BELOW AND INCLUDED IN THE HANDOUT. Amount Voted Beginning Amended Under Article 10 Under Article Changes Revised Total 10 General Government 2,324,697 39,167 2,363,864 Public Safety 7,740,228 93,756 7,833,984 School Department 30,358,718 0 30,358,718 -Regional Schools 101,837 0 101,837 School Building Committee 26,941 0 26,941 Public Works 3,982,276 505,171 4,487,447 Health&Human Services 707,523 -38,340 669,183 Culture&Recreation 674,349 -26,363 647,986 Fixed Expenses-Debt Service 8,757,410 12,537 8,769,947 Fixed Expenses-Employee Benefits 8,525,847 161,873 8,363,974 Fixed Expenses-Liability Insurance 308,041 28,678 336,719 Finance Committee-Reserve Fund 100,000 100,000 - State Assessments 1,311,633 38,278 1,349,911 ffeserve 400,000 0 400,000 Total Changes 65,319,500 391,011 65,710,511 And further transfer from overlay surplus$300,000 to Public Works Snow&Ice and from additional revenue—State Aid$91,011 to Public Works Snow&Ice. RECOMMENDATIONS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 8 BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PRESENTATION FORMAT: VERBAL-MARK H.REES,TOWN MANAGER NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 9 Article 5. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital Funds;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 5. TRANSFER OF UNEXPENDED FUNDS FROM SPECIAL REVENUE AND CAPITAL FUNDS. MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 5. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 10 Article 6.Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town, or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 6.PRIOR YEARS UNPAID BILLS. MOVE THAT THE TOWN PAY THE FOLLOWING PRIOR YEAR INVOICES FROM FISCAL YEAR 2005: Martin Associates 51,541.00 Public Works Verizon 53,171.00 MIS N A Star Market 5372.90 Stevens Estate FOR A TOTAL OF 55,084.90 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL-MARK H.REES,TOWN MANAGER NOTES: NEED MOTION!!!! *FOUR-FIFTHS VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 11 Article 7.Withdrawal from Northeast Mosquito Control District. To see if the Town will vote to withdraw from the Northeast Mosquito Control District effective as of the end of the last day of June,2005;or to take any other action relative thereto. Petition of Paul P. Stewart and others Recommendations: Board of Selectmen:.....................................Unfavorable Action Finance Committee: ............................Favorable Action ARTICLE 7.WITHDRAWAL FROM NORTHEAST MOSQUITO CONTROL DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 7 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: PAUL P. STEWART PRESENTATION FORMAT: VERBAL NOTES: BOARD OF HEALTH MAY COMMENT . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 12 Article 8. General Fund Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2005 and ending June 30,2006;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen: Finance Committee: ...............Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 13 Article 8. General Fund Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate,transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1,2005 and ending June 30,2006;or take any other action relative thereto. MOTION ON ARTICLE 8 IF ARTICLE 7 PASSES Article 8.General Fund Appropriation Fiscal Year 2006. Move to raise and appropriate funds for Fiscal Year 2006 General Fund as follows: General Government $2,325,841 Public Safety $7,964,384 School Department $31,242,201 Greater Lawrence Technical School $103,605 School Building Committee $13,000 Snow&Ice Removal $685,530 All Other Public Works $2,921,755 Health and Human Services $692,468 Culture and Recreation $732,202 Debt Service $9,194,561 Employee Benefits $9,062,563 Liability Insurance $354,247 Finance Committee Reserve Fund $50,000 For a total appropriation of $65,342,357 And further to transfer to the General Fund $400,000 from the Bond Premium Account and$1,487,260 from free cash to reduce the tax rate. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 14 MOTION ON ARTICLE 8 IF ARTICLE 7 FAILS Article 8 General Fund Appropriation Fiscal Year 2006. Move to raise and appropriate funds for Fiscal Year 2006 General Fund as show in the first table of the Finance Committee Report for this article under column FY06 Recommenda- tions:"Finance Committee,Board of Selectmen,Town Manager"with the following adjustments: General Government $2,321,723 Public Safety $7,950,282 School Department $31,186,882 Greater Lawrence Technical School $103,605 School Building Committee $13,000 Snow&Ice Removal $685,530 All Other Public Works $2,916,582 Health and Human Services $691,242 Culture and Recreation $730,906 Debt Service $9,194,561 Employee Benefits $9,062,563 Liability Insurance $354,247 Finance Committee Reserve Fund $50,000 For a total appropriation of $65,261,121 for a total revised appropriation under this article of$65,261,121 And further to transfer to the General Fund Transfer$400,000 from the Bond Premium Account and$1,487,260 from free cash to reduce the tax rate. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 15 RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS - MOTION - THERE ARE TWO MOTIONS - DEPENDENT ON PAS- SAGE OF ARTICLE 7 TOWN MANAGER PRESENTS BUDGET JACK WATKINS-PRESENTS FOR F.C. SUPERINTENDENT PRESENTS PRESENTATION FORMAT: VARIOUS POWER-POINT PRESENTATIONS NOTES: HANDOUT WILL BE PROVIDED AND HAVE FINAL MOTION. NEED FI- NAL MOTION. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 16 Article 9. Stabilization Fund(s). To see if the Town will vote to establish any new Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization Fund(s)-,or to take any other action relative thereto. Petition of Paul P. Stewart and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 9. Stabilization Fund(s). MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 9. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: PAUL P. STEWART PRESENTATION FORMAT: VERBAL NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 17 Article 10. Capital Improvement Plan Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate,transfer from available funds,or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee: ............... Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 18 ARTICLE 10. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL YEAR 2006. MOTION: MOVE TO ADOPT ARTICLE 10 AS PRINTED IN THE HANDOUT AND AS LISTED BELOW: JACK - PLEASE READ EACH AMOUNT LISTED BELOW INTO THE RECORD. FY 2006 CIP Recommendations Town Manager "Fund Board of Selectmen Protect Description Code Finance Committee 1 Sargent School Ventilation B/N-G $80,000 2 School System Technology Improvements B/N-G $250,000 3 Mosquito Brook Drainage Improvements B/N-G $52,000 4 Town Garage Heating System B/N-G $25,000 General Fund Total $407,000 5 Phase 4D Sewer Extension B/N-S $720,000 Sewer Enterprise Fund Total $720,000 B/N- 6 Water Supply Security System W $215,000 B/N- 7 Lake Outlet Structure W $600,000 B/N- 8 Bear Hill Reservoir Upgrade W $525,000 R&A- 9 Pick Up Truck W $29,000 Water Enterprise Fund Total $1,3699000 'Fund Codes spelled out below Funding Recommendation Code Total R&A- Raise and Appropriate-General Fund G $0 R&A- Raise and Appropriate-Water Enterprise W $29,000 R&A- Raise and Appropriate-Sewer Enterpirse S $0 Bonds/Notes-General Fund B/N-G $407,000 B/N- Bonds/Notes-Water Enterprise W $1,340,000 Bonds/Notes-Sewer Enterprise B/N-S $720,000 Total All Capital Projects $294969000 MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 19 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIR PRESENTATION FORMAT: VERBAL- NOTES: PLANNING BOARD NEEDS TO MAKE ANY RECOMMENDATIONS RE- GARDING ENVIRONMENTAL ITEMS PER CHARTER *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 20 Article 11.Water Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1,2005 and ending June 30,2006;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:.........................................Favorable Action WATER ENTERPRISE FY06,Re66mmend6tion FY06 Town Manager FY05 Department Board of Selectmen' Budget Request Finance Cornrrrittee Personnel 668,015 683,702 683,702 Expenses 955,451 896,790 980,290 Land Acquisition (Art. 19, May 2004) 70,000 0 0 Capital 161,975 254,500 126,000 Reserve Fund -Salary 12,800 0 19,490 Debt Service 2,510,286 2,476,510 2,476,510 Sub-Total direct E�xpehditure 4,378,527 4,311,502 4,2$5;992 Transfer to General Fund 123,201 0 0 Admin/Indirect 478,076 499,467 499,467 Total Water Enterprise 4,979,804 4,810,969 4,785,459 MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 21 ARTICLE 11. WATER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2006. MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF 54,785,459, IN AGGRE- GATE, FOR THE PURPOSES LISTED UNDER THE COLUMN "FY06 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO FUR- THER AMEND LINE ITEM DEBT SERVICE FROM 52,476,510 TO 52,763,317 FOR A TOTAL APPROPRIATION OF 55,072,266, AND TO OPERATE THE WATER ENTER- PRISE FUND, THAT 55,072,266 BE RAISED FROM WATER RECEIPTS AND FROM THESE RECEIPTS 5499,467 BE TRANSFERRED TO THE GENERAL FUND FOR INDI- RECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: AMENDMENTS: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 22 Article 12. Sewer Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1,2005 and ending June 30,2006;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:.........................................Favorable Action SEWER ENTERPRISE FY06 Recommendation FY06 Town Manager, FY05 Department Board of Selectmen Bud ! Reques FinanceCommittee Personnel 292,488 323,481 323,481 Expenses 192,968 206,050 206,050 GLSD Assessment 1,275,000 1,264,982 1,264,982 Settlement 56,000 56,000 56,000 Capital 19,000 10,000 0 Reserve Fund-Salary 8,733 0 8,122 Debt Service 1,870,927 2,189,160 2,189,160 Sub-Total Direct Expenditures' 3,71a,1'(6' 4,Q49,673 4,047,795. Admin/Indirect 209,488 235,261 235,261 Total Sewer Enterprise 3,924,604 4,284,934 4,283,056 MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 23 ARTICLE 12. SEWER ENTERPRISE FUND APPROPRIATION-FISCAL YEAR 2006. MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF 54,283,056, IN AGGRE- GATE, FOR THE PURPOSES LISTED UNDER THE COLUMN "FY06 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO FUR- THER AMEND LINE ITEM DEBT SERVICE FROM 52,189,160 TO 51,902,353 FOR A TOTAL APPROPRIATION OF 53,996,249, AND TO OPERATE THE SEWER ENTER- PRISE FUND, THAT 53,996,249 BE RAISED FROM SEWER RECEIPTS AND FROM THESE RECEIPTS 5235,261 BE TRANSFERRED TO THE GENERAL FUND FOR INDI- RECT EXPENSES AND THAT 5883,056 BE TRANSFERRED FROM SEWER ENTERPRISE FUND RETAINED EARNINGS. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL-BOARD OF SELECTMEN/TOWN MANAGER NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 24 Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues,transfer from available funds or otherwise provide a sum or sums of money for the pur- pose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1,2005 and ending June 30,2006;or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:.........................................Favorable Action STEVENS ESTATE at FY06 Recomme6d'ation' FY06 Town Manager OSGOOD HILL FY05 'department Board'ofSelectrhen` Bud "et Request Finance Committee Personnel 174,656 155,344 155,344 Expenses 252,444 196,799 196,799 Capital 0 0 0 Reserve Fund 0 0 0 Debt Service 0 0 0 Sub-Total Direct Expenditures 427;100. 352,143 352,143 Admin/Indirect 85,959 63,728 63,728 Total Stevens Estate Enterprise 513,059 415,871 415,871 MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 25 ARTICLE 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2006. MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF 5415,871 LISTED UNDER THE COLUMN "FY06 RECOMMENDATION: TOWN MANAGER, BOARD OF SE- LECTMEN, FINANCE COMMITTEE" AND TO OPERATE THE STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND THAT 5415,871 BE RAISED FROM STEVENS ES- TATE AT OSGOOD HILL ENTERPRISE FUND AND FROM THESE RECEIPTS 563,728 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS—FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 26 Article 14. ESTABLISHMENT OF REVOLVING FUNDS. To see if the Town will vote to authorize the following revolving funds for certain Town depart- ments under Massachusetts General Laws,Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2005;or to take any other action relative thereto. Revolving Fund Accounts Account FY 2005 Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit 1. 022-5423-3437 Youth Services Revol Assistant Town Manager All programs and Participants'fees,Grants, $ 250,000 activities,expense,part Donations,and related time help Fundraising proceeds 2. 022-4925-3077 Field Maintenance Director-Division of Public Field maintenance, Field rental fees,Grants, $ 20,000 Works upgrade and related Donations,and related expenses Fundraising proceeds 3. 022-5590-3564 Elder Services Assistant Town Manager Senior programs, Participants'fees,Grants, $ 50,000 -COA Revol classes and activities Donations,and related Fundraising proceeds 4. 022-5102-3424 Health Dept Revolving Director-Community clinic supplies and other Clinic participant fees, $ 20,000 Development and Services related materials Grants,Donations,and Division related Fundraising proceeds 5. 022-4306-3008 Wheelabrator Planning Director-Community Air quality monitoring Wheelabrator Host $ 25,000 Development and Services Community Agreement Division 6. 022-4307-3083 Wheelabrator Public Director-Community To enforce Trash Truck Wheelabrator Host $ 20,000 Safety Development and Services regulations Community Agreement Division 7. 022-4308-3649 Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host $ 40,000 Development and Services safety and monitoring the Community Agreement Division air quality 8. 022-4309-3084 Health Dept-Food Director-Community Food Consultant fees Inspection Fees $ 10,000 Inspections Development and Services and expenses related to Division program 9. 022-4310-3085 Health Dept-Septic Director-Community Septic Consultant fees Inspection Fees $ 40,000 Inspections Development and Services and expenses related to Division program Total: $ 475,000 Revolvind Fund Account R cei is and Ex onditures Account Balance FY04 FY04 I Balance Receipts Expenditures Balance Number Revolving Fund 711103 Receipts Expenditures 6130104 to 1131105 to 1131105 1131105 1. 022-5423-3437 Youth Services Revol $208,243 $234,842 $ 207,584 $235,501 $ 77,616 $ 142,470 $170,647 2. 022-4925-3077 Field Maintenance $ $ $ $ $ 700 $ $ 700 3. 022-5590-3564 Elder Services $ 3,792 $ 17,516 $ (3,518) $ 17,790 $ 8,319 $ (5,708) $ 20,402 -COA Revol 4. 022-5102-3424 Health Dept Revolving $ 11,332 $ 11,910 $ 10,567 $ 12,674 $ 9,051 $ 6,405 $ 15,321 5. 022-4306-3008 Wheelabrator Planning $ 77,947 $ 25,000 $ (7,613) $ 95,334 $ $ 15 576 $ 79,758 6. 022-4307-3083 Wheelabrator Public $ 47,661 $ 40,550 $ (42,869) $ 45,342 $ 25,956 $ (4,370) $ 66,927 Safety 7. 022-4308-3649 Wheelabrator-Health $ 93,365 $ 15,000 $ 70,819 $ 37,545 $ 15,000 $ $ 52,545 8. 022-4309-3084 Health Dept-Food $ 23,804 $ 17,000 $ (16,064) $ 24,740 $ 14,720 $ (6,120) $ 33,340 Inspections 9. 022-4310-3085 HealthDept-Septic $ 22,739 $ 35,585 $ (39,314) $ 19,010 $ 23,258 $ (16,482) $ 25,785 Inspections Petition of the Board of Selectmen MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 27 Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 28 ARTICLE 14. ESTABLISHMENT OF REVOLVING FUNDS. MOTION: MOVE TO ADOPT ARTICLE 14 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: JACK WATKINS-FINANCE COMMITTEE CHAIRMAN PRESENTATION FORMAT: VERBAL-BOARD OF SELECTMEN/TOWN MANAGER NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 29 Article 15.Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise,borrow and/or appropriate from the Community Preserva- tion Fund,in accordance with the provisions of Massachusetts General Laws Chapter 4413,a sum of money to be spent under the direction of the Community Preservation Committee;or to take any other action relative thereto. DESCRIPTION AMOUNT CATEGORY 1. Affordable Housing Master Plan—"Planned Production Plan" $40,000 Affordable Housing 2. First Time Homebuyer's Program $225,000 Affordable Housing 3. Stevens Estate—Rehabilitation of Gate House $96,500 Historic Resources 4. Stevens Estate—Rehabilitation of Plant House $70,000 Historic Resources 5. Machine Sho Village—Phase 1 $250,000 Historic Resources 6. Administration $5,000 Administrative Expenses Subtotal—New Appropriations $686,500 7. Open Space—Principal and Interest(FY2006) $1,582,400 Open Space Total FY2006 Appropriations $2,268,900 8. Open Space—Principal and Interest(FY2005) $1,766,637 Open Space GRAND TOTALI $4,035,537 Petition of the Community Preservation Committee Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee: ............... Favorable if Motion Does Not include"Borrow" MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 30 ARTICLE 15. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND. MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVA- TION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE S 2,268,900 FROM THE FISCAL 2006 COMMUNITY PRESERVATION FUND REVE- NUES IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44B, AND FURTHER APPROPRIATE 51,766,637.00 FROM COMMU- NITY PRESERVATION ACCOUNT FUND BALANCE TO BE SPENT UNDER THE DIRECTION OF THE COMMUNITY PRESERVATION COMMITTEE AS FOLLOWS: *** PLEASE READ EACH ITEM AND AMOUNT BELOW..... DESCRIPTION AMOUNT CATEGORY 1. Affordable Housing Master Plan—"Planned Production Plan" $40,000 Affordable Housing 2. First Time Homebuyer's Program $225,000 Affordable Housing 3. Stevens Estate—Rehabilitation of Gate House $96,500 Historic Resources 4. Stevens Estate—Rehabilitation of Plant House $70,000 Historic Resources 5. Machine Shop Village—Phase 1 $250,000 Historic Resources 6. Administration $5,000 Administrative Expenses Subtotal—New Appropriations $686,500 7. Open Space—Principal and Interest(FY2006) $1,582,400 Open Space Total FY2006 Appropriations $2,268,900 8. Open Space—Principal and Interest(FY2005) $1,766,637 Open Space GRAND TOTALI $4,035,537 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION—IF MOTION DOES NOT INCLUDE"BORROW' PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JOHN SIMONS — COMMUNITY PRESERVATION CHAIR- MAN PRESENTATION FORMAT: VERBAL — WILL THER BE POWER-POINT FOR RE- PORT? NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 31 Article 16.PRESERVATION RESTRICTION-NORTH PARISH CHURCH ACADEMY ROAD. To see if the Town will vote to authorize the Old Center Historic District Commission,with the ap- proval of the Board of Selectmen, to accept a Preservation Restriction from the North Parish Unitarian Universalist Church of North Andover,located at 190 Academy Road,on terms and con- ditions deemed to be in the best interest of the Town;or to take any other action related thereto. Petition of the Community Preservation Committee Recommendations: Board of Selectmen:....................To Be Made At Town Meeting ARTICLE 16.Preservation Restriction-North Parish Church Academy Road. MOTION: MOVE TO AUTHORIZE THE NORTH ANDOVER HISTORICAL COM- MISSION, WITH THE APPROVAL OF THE BOARD OF SELECTMEN, TO ACCEPT A PRESERVATION RESTRICTION FROM THE NORTH PARISH CHURCH OF NORTH ANDOVER, LOCATED AT 190 ACADEMY ROAD, ON TERMS AND CONDITIONS DEEMED TO BE IN THE BEST INTEREST OF THE TOWN. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: THE DESIGNATED COMMISSION HAS BEEN CHANGED FROM WARRANT. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 32 Article 17.AMEND CHAPTER 178 OF THE GENERAL BYLAWS-SECTION 3-WET- LANDS PROTECTION-EXEMPTIONS. To see if the Town will vote to amend Chapter 178 Section 3 Wetlands Protection-Exemptions by adding a new exemption - Exemption 5 — "Projects where the applicant is the Town of North Andover"; or to take any other action relative thereto. Chapter 178 Section 3 as amended to read as follows: 178.3. Exemptions: This Bylaw shall not apply to the following activities: 1. Emergency projects as defined in the Commission's regulations(Section II);or 2. Maintenance, repair or replacement, without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used-to pro- vide electric,gas,water,telephone,or other telecommunication services to the public;or 3. Normal maintenance of land in agricultural use, as defined in the Commission's regulations (Section 11);or 4. Maintenance and repair of existing public ways,or 5. Projects where the applicant is the Town of North Andover. Petition of the Town Manager Recommendations: Board of Selectmen:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 33 ARTICLE 17. AMEND CHAPTER 178 OF THE GENERAL BYLAWS - SECTION 3 - WETLANDS PROTECTION-EXEMPTIONS. MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 17. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO TAKE NO ACTION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL-RESPONSE FROM ROSEMARY IF NEEDED NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 34 Article 18.AMEND GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER—ADD CHAPTER 136-NEWSRACKS,PLACEMENT AND MAINTENANCE. To see if the Town will amend the General Bylaws for the Town of North Andover by adding a new chapter— Chapter 136- Newsracks, Placement and Maintenance to read as follows, or to take any other action relative thereto. TOWN OF NORTH ANDOVER Chapter 136 NEWSRACKS,PLACEMENT AND MAINTENANCE § 136-1 Definitions. § 136-2 Certificate of Compliance § 136-3 Fees. § 136-4 Standards § 136-5 Attachment to Property. § 136-6 Advertising Prohibited. § 136-7 Installation,Maintenance, and Delivery Time. § 136-8 Enforcement Procedures. § 136-9 Fees For Removal and Storage. § 136-10 Regulations. § 136-11 Effect on Other Laws. § 136-12 Severability § 136-13 Effective Date. § 136-1 Definitions. When used in this Bylaw, unless the context otherwise requires, the following terms shall have the following meanings: a. 'Director" shall mean the Director of the Public Works Department of the Town of North An- dover or such person as said Director may from time to time designate. b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of newspapers,periodicals or printed material of whatever nature. c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this Bylaw. d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for the installa- tion and maintenance of newsracks encompassed by any Certificate of Compliance issued pursuant to the provisions of this Bylaw and for compliance with all provisions contained herein. e. "Operator" shall mean any natural person or other legal entity including,but not limited to,cor- porations,partnerships,joint ventures and the like who own,operate or are otherwise in control of a newsrack. f. "Public way" shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of the Town Department of Public Works, School Department, or other body having like power. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 35 §136-2 Certificate of Compliance. a. Requirement. No person shall place, affix, erect,maintain or continue to maintain a newsrack in or on any part of a public way without first obtaining a Certificate of Compliance from the Direc- tor in accordance with the provisions of this Bylaw. b. The Certificate of Compliance must be renewed annually by application to the Director. c. Issuing Authority. The Director shall be the issuing authority and coordinator of the application process and administration of this Bylaw. d. Approving Authority. The approving authority shall be the Director. The Director or his/her designee shall review and approve for compliance with Section 136-2, entitled Certificate of Com- pliance, Section 136-4,entitled Standards,and Section 136-7,entitled Installation,Maintenance and Delivery Time. e. Application Process. Applicants must complete a written application on a form provided by the Director. f Application. The application shall describe in sufficient detail,the number,location and type of newsracks for which the Certificate of Compliance is sought and shall contain the following in- formation: 1. the name, address and telephone number of the applicant who is the owner/operator or other person who is the principal responsible person in charge of the newsrack(s),and 2. the name,address and telephone number of a natural person(if different from the applicant) whom the Town may notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving complaints and notices of violations when a Certificate of Compliance is issued and for providing information relating to the application during the applica- tion process;and 3. the number of newsracks and a written description specifying the proposed approximate lo- cation of each;and 4. a certificate of insurance naming the Town of North Andover as an additional insured in an amount sufficient to indemnify the Town and hold it harmless from any and all claims or judge- ments for personal and bodily injury, including death, or property damage and from costs and expenses to which the Town may be subjected or which it may suffer or incur by reason of the de- sign, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certifi- cate of insurance. The amount of insurance coverage required shall be determined by the Town. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Town of North Andover public ways and any termination or lapse of such insurance shall be a vi- olation of this Bylaw,subject to appropriate remedy under Section 136-8 of this Bylaw;and 5. a certification from the applicant stating that the proposed location for all of the newsracks listed in the application are in compliance with the provisions of this Bylaw. g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the applicant is in compliance with the provisions of this Bylaw,the Director shall issue a Certificate of Compliance for installation by the applicant. The Director shall issue a partial Certificate of Compliance upon a finding that some of the proposed newsrack locations are in compliance with the provisions of this Bylaw. Issuance of a Certificate of Compliance or a partial certificate of compliance shall designate the applicant to be the Certificate Holder. The Director shall issue a Certificate of Compliance with- in ten days of the Director's receipt of the completed application. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 36 Proposed locations shall be approved on a first come, first serve basis by the Director. No prefe- rence shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this Bylaw. h. Denial of Certificate of Compliance. If an application for a newsrack location is denied, the Director shall notify the applicant within ten days of the Director's receipt of the completed applica- tion. The Director shall state the specific reasons for denial. The applicant may reapply for a substitute alternative location without having to pay an additional application fee. An applicant who has been denied a Certificate of Compliance pursuant to this Bylaw may appeal within thirty (30)days of such denial by requesting in writing to the Director an appearance before the Director to review said denial. The appeal shall be heard by the Director within twenty(20)days of receipt of the appeal. The decision on the appeal shall be sent to the applicant within five(5)days after the hearing. i. The Director reserves the right to order by written notice to the Certificate Holder that new- sracks be removed from an approved location,either temporarily or permanently,in the interests of public safety. § 136-3 Fees. a. There shall be a Certificate of Compliance fee in the amount of two hundred($200.00)dollars paid to the Town. This fee shall be due upon initial application and upon each annual renewal. b. Additional Certificate of Compliance. If at any time after the Director has issued a Certificate of Compliance a Certificate Holder proposes to install additional newsracks,then the provisions of Section 136-2 are to be repeated. Additional Certificate of Compliance fees shall be in accordance with Section(a),except that the Certificate of Compliance fee is waived if previously paid. a. In addition to the Certificate of Compliance fee, an annual fee often($10.00)dollars per new- srack authorized shall be paid to the Town to offset the Town's cost of monitoring compliance with this Bylaw. d. Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant to Section 136-4 below,additional fees shall be imposed by the Director on Certificate Holders to off- set the Town's costs for each such corral or hitching post used by such Certificate Holder. e. Upon a showing of significant financial hardship,whereby the payment of the full Certificate of Compliance fee will impair the ability of the publisher to distribute a publication through newsracks to members of the public,the Director may reduce the fee due upon initial application or upon an annual renewal by an amount s/he determines,in her or his sole discretion,as appropriate. § 136-4 Standards. a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed pa- rallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six(6") inches away from the wall. No newsrack(s)shall be affixed,erected,installed,placed,used or maintained: 1. at any location in excess of eight(8) feet in width(plus the width of a newsrack)whereby the clear space for the passage of pedestrians is reduced to less than eight(8) feet in width; or, if the sidewalk location is less than eight(8) feet in width(plus the width of a newsrack), then the clear space for the passage of pedestrians shall not be reduced to less than five(5)feet in width;however, a width of four(4)to five(5)feet may be approved by the Director if requested, only after the Di- MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 37 rector consults with the Pedestrian Committee and the Disabilities Commission as to whether the particular location at issue necessitates the four(4)to five(5)foot width,and whether the pedestrian passage in that location could safely and reasonably be reduced to a width of four(4) to five (5) feet,and 2. within five(5)feet of any marked,or unmarked crosswalk or handicapped ramp;and 3. within five(5)feet of any fire hydrant,fire lane,fire call box,police call box or other emergen- cy facility,mail box,telephone booth or stand;and 4. within five(5)feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway without a curb return,within five(5)feet of the point where the curb edges- tone or edging begins a change in grade toward the driveway or ramp on each side thereof,or in the case of a termination of the curb, edgestone or edging without a change in grade or a turn,within five(5)feet of the point of the same terminates on each side of the ramp or driveway,and 5. within five(5)feet of any traffic control signal or traffic sign;and 6. within five(5)feet of a bicycle rack;and 7. within five(5)feet ahead or fifteen(15)feet to the rear of any designated bus stop,taxi stand, valet parking area,loading zone or fire lane,or any disabled parking space,unless such newsrack is placed parallel against a wall that is within four(4)feet of a designated bus stop,taxi stand,valet parking area,loading zone or fire lane and the newsrack so placed does not project into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic, 8. which in any way protrudes onto a street;or 9. on any sidewalk immediately abutting a public school. The Director may require that newsracks at locations in which more than three (3) are adjacent shall be set within an open-ended corral installed by the Town; and the Director may require that newsracks at a particular location be chained to each other and/or to a permanent hitching post in- stalled by the Town. The Director may choose the locations for corrals and hitching posts based on the history of misaligned or knocked over newsracks at the location,the high volume of pedestrian traffic at the location, or the relatively high concentration of newsracks at the location. However, nothing in this paragraph shall be construed to limit the locations at which corrals and hitching posts may be required. § 136-5 Attachment to Property. a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by regula- tions promulgated by the Director, no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post,traf- fic signal or sign. b. Attachment to Other Newsracks. Newsracks,when placed side by side,may be chained or oth- erwise attached to one another,provided that no group of newsracks shall extend for a distance of more than eight(8) feet along a curb, and a space of not less than five(5) feet shall separate each group of newsracks. § 136-6 Advertising Prohibited. It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing with the display,sale or purchase of the publications dispensed therein. § 136-7 Installation,Maintenance, and Delivery Time. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 38 Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by the Certificate Holder in accordance with the following provisions: a. Each newsrack shall prominently display the name, address and phone number of a person or entity responsible for that newsrack. b. Each newsrack shall be: 1. installed or placed on the pavement in an upright,sufficiently weighted and secure position, 2. of a type that is completely enclosed, with a self-closing door that is either self-latching or otherwise requires manual or mechanical release at each use;and 3. maintained in a state of good repair and in a neat and clean condition;and 4. maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish,or debris;and 5. handicapped accessible,as defined by the state Architectural Access Board. c. Each newsrack shall be regularly serviced so that: 1. it is kept reasonably free of graffiti;and 2. it is kept reasonably free of chipped,faded,peeling and cracked paint in the visible painted areas thereof;and 3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof, and 4. the clear glass or plastic parts thereof,if any,through which the printed material is being dis- pensed are not broken and are kept reasonably free of tears,peeling or fading;and 5. the structural parts of the newsrack are not broken or unduly misshapen. d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the Director. The Director shall forthwith notify the Certificate Holder of the complaint. The Certifi- cate Holder shall contact the complainant and attempt to resolve the complaint. If the complaint is not resolved to the complainant's satisfaction within ten(10) days, the complainant may request a meeting before the Director,or his/her designee,and the Certificate Holder.After such meeting,the Director shall have authority to impose a reasonable resolution to the complaint,including ordering the relocation of the newsrack/s causing the noise problem. § 136-8 Enforcement Procedures. a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw shall be subject to the enforcement provisions contained herein. b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this By- law does not contain the printed material being dispensed therein for a period of seventy-two(72) hours after the release of the current issue,the Director may deem the newsrack abandoned and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than fifteen(15)consecutive days. In the event that a Certificate Holder voluntarily abandons a newsrack location,the Certificate Holder shall so notify the Director, completely remove the newsrack and restore the public way to a safe condition. c. Enforcement. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 39 1. Enforcement of the provisions of this Bylaw shall be carried out by the Director. Upon a de- termination that a violation of any provision of this Bylaw exists the Director shall notify the Certificate Holder of the violation in writing by first class mail. The notice shall include: a. the location of the newsrack;and b. the date of the incident or other cause giving rise to the violation;and c. a brief and concise statement of the facts causing the violation. 2. The notice shall inform the Certificate Holder that at the expiration often(10)days from the receipt of the violation notice,the newsrack will be removed by the Director,unless the violation is corrected. 3. Upon removal of a newsrack, the Director shall send, by first-class mail, written notice of such removal to the Certificate Holder. 4. Notwithstanding the provisions of the foregoing paragraphs 1(a) - 1(c) of this section, the Director may order the immediate removal of any newsrack(s)that the Director determines presents an imminent threat or peril to public safety,provided that the Certificate Holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored a period of thirty (30) days in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a newsrack under this section(4)which does not have a Certifi- cate of Compliance, the Director shall dispose of the newsrack at the end of the thirty (30) day period. § 136-9 Fees For Removal and Storage. a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at any time within thirty(30)days of its removal upon payment of a removal fee of twenty-five ($25.00) dollars plus a storage fee of five($5.00)dollars per day,to a maximum combined removal and sto- rage fee of one hundred($100.00)dollars. b. After thirty(30)days,any newsracks removed by the Director pursuant to Section 136-8 of this Bylaw shall be deemed "abandoned property" and become the property of the Town of North An- dover. c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty(30)day period shall not operate to dismiss any fees owed to the Town for removal and storage of such newsrack. Unpaid fees accrued pursuant to this Section 136-9 shall be considered a debt payable to the Town. § 136-10 Regulations. The Director may, with the approval of the Town Manager, promulgate such rules and regula- tions consistent with the provisions of this Bylaw and the laws of the Commonwealth of Massachusetts as shall carry out the purposes of this Bylaw. § 136-11 Effect on Other Laws. Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other gov- ernment bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations. § 136-12 Severability. The provisions of this Bylaw shall be severable and if any section,part,or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section,part or portion thereof. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 40 Petition of the Department of Public Works Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action ARTICLE 18. AMEND GENERAL BYLAWS OF THE TOWN OF NORTH ANDOVER— ADD CHAPTER 136-NEWSRACKS,PLACEMENT AND MAINTENANCE. MOTION: MOVE TO ADOPT ARTICLE 18 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL — BILL HMURCIAK, DPW DIRECTOR WILL PRESENT 6 POWERPOINT SLIDES NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 41 Article 19.Amend General Bylaws(Code)Add New Chapter 54-Tag Collector. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by adding a new chapter,Chapter 54-Tax Collector,to read as follows: Chapter 54—Tax Collector §54-1-Duties of Tax Collector The tax collector, in addition to the authority to collect taxes conferred by Massachusetts General Laws,Chapter 41, Section 38, and all other laws relating to tax collection, shall collect all accounts due the town in accordance with the provisions of Massachusetts General Laws, Chapter 41, Sec- tion 38A. The collector shall in the collection of such accounts have all the remedies provided by sections thirty-five, thirty-six and ninety three of Massachusetts General Laws, Chapter 60 for the collection of taxes on personal estate. This bylaw shall not apply to the collection of interest on in- vestments of sinking or trust funds. All bills for accounts due the town shall state that all checks, drafts or money orders shall be made payable to or to the order of the town and not to or to the order of any officer, board or commission. Whenever the collector of taxes, in any communication, doc- ument or writing intended for use outside his department,identifies a husband and wife,he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name. Or to take any other action relative thereto. Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 42 ARTICLE 19. AMEND GENERAL BYLAWS (CODE) ADD NEW CHAPTER 54 - TAX COLLECTOR. MOTION: MOVE TO ADOPT ARTICLE 19 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: ROSEMARY SMEDILE, CHAIRMAN PRESENTATION FORMAT: VERBAL-TOWN MANAGER WILL EXPLAIN NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 43 Article 20. Amend General Bylaws-Chapter 101-1 Fees Enumerated-Section B-Sealing of Weights and Measures. To see if the Town will vote to amend Chapter 101-1 Fees Enumerated of the General Bylaws of the Town of North Andover by adding at the end of Section B - Sealing of Weights and Measures Service the following: "A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary." or to take any other action relative thereto. Chapter 101-1 Fees Enumerated-Section B as amended to read: B. Sealing of weights and measures service(Massachusetts General Laws Chapter 98, Section 56). 1. Scales: a. Capacity of over ten thousand(10,000)pounds: fifty dollars($50)each. b. Capacity of five(5)to ten thousand(10,000)pounds:thirty dollars($30)each. c. Capacity of one(1)to five thousand(5,000)pounds:twenty dollars($20)each. d. Capacity of one hundred(100)to one thousand(1,000)pounds:ten dollars($10)each. e.Balances of ten(10)to one hundred(100)pounds: six dollars($6)each. f.Balances under ten(10)pounds: five dollars($5)each. 2. Liquid capacity measure of capacity of more than one (1) gallon and measure on pumps: two dollars($2)each. 3. Liquid measuring meter: a.Diameter one half(1/2)inch to one(1)inch: five dollars($5)each. b.Diameter over one(1)inch vehicle tank pump: sixteen dollars($16)each. 4. Vehicle tank gravity:twenty dollars($20)each. 5. Bulk storage:Forty dollars($40)each. 6. Bulk storage with certification proven: Twenty dollars($20)each. 7. Taxi meter: eight dollars($8)each. 8. Device to determine linear area: five dollars($5)each. 9. Mille bottle or jars: eight dollars($8)each. 10. Vehicle tanks used in sale of commodities by liquid measure per one hundred(100)gallons: five dollars($5)each. 11. Separate tanks-same vehicle(each): five dollars($5). 12.All weights and other measures: one dollar($1)each. A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 44 ARTICLE 20. AMEND GENERAL BYLAWS-CHAPTER 101-1 FEES ENUME- RATED-SECTION B-SEALING OF WEIGHTS AND MEASURES. MOTION: MOVE TO ADOPT ARTICLE 20 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL-TOWN MANAGER WILL EXPLAIN NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 45 Article 21. AMEND GENERAL BYLAWS—NEW CHAPTER 44—PUBLIC MEETINGS -TELEVISING OF LAND USE BOARD MEETINGS. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by insert- ing a new Chapter—Chapter 44—Public Meetings to read as follows: Chapter 44—Public Meetings § 44-1 Televising of Land Use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, and Con- servation Commission shall be broadcast live over the local cable television network unless emergency conditions suspends the requirements hereof. All meetings shall occur in the Town Hall second floor meeting room. All meetings shall have posted agendas of discussion items and appli- cation names in the Town Hall and on the Town website or on the cable television network twenty- four hours prior to the meeting day. The meetings shall be recorded, retained in good order, and made available for a period of six weeks for the benefit of those who do not have cable television. Nothing contained in this article shall be so construed as to conflict with the requirements of M.G.L. Chapter 39, Section 23 et seq.;or to take any other action relative thereto. Petition of Felipe Schwarz and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 46 ARTICLE 21. Amend General Bylaws—New Chapter 44—Public Meetings-Televising of Land Use Board Meetings. MOTION: I move that the Town vote to amend the General Bylaws of the Town of North Andover by inserting a new Chapter—Chapter 44—Public Meetings to read as follows: Chapter 44—Public Meetings § 44-1 Televising of Land Use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, and Conservation Commission shall be broadcast live over the local cable television network un- less emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time. If there is a scheduling conflict with the use of the meeting room,the Town Manager or the Manager's designee,shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meet- ing of the Planning Board, Zoning Board of Appeals, Board of Health or Conservation Commission. (Motion of Town Counsel 5-5-2005) RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: FELIPE SCHWARZ-PETITIONER PRESENTATION FORMAT: VERBAL- NOTES: WHO WILL KEEP TAPES—PUBLIC RECORDS ISSUES??JAB . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 47 Article 22. AMEND CHAPTER 88—DOGS-GENERAL BYLAWS-ADD NEW SEC- TION-SECTION 7-NUISANCES. To see if the Town will vote to amend Chapter 88 of the General Bylaws—Dogs by adding a new Section—Section 7—Nuisances to read as follows: Chapter 88 Section-7 Nuisances:No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Barking frequently or for continued duration or making sounds which create a noise disturbance across a residential real property boun- dary, molesting passersby, chasing vehicles,habitually attacking people or other domestic animals, trespassing upon school grounds or trespassing upon private property in such manner as to damage property shall be deemed a nuisance. The penalty for violations shall be $25 for the first offense and$50 for each additional offense,or to take any other action relative thereto. Petition of Steven Tryder and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 48 ARTICLE 22. AMEND CHAPTER 88 — DOGS - GENERAL BYLAWS-ADD NEW SECTION-SECTION 7-NUISANCES. MOTION: MOVE TO amend Chapter 88 of the General Bylaws—Dogs by adding a new Section—Section 7—Nuisances to read as follows: Chapter 88 Section - 7 Nuisances: No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Barking frequently or for continued duration or making sounds which create a noise disturbance across a residential real property boundary, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds or trespassing upon private proper- ty in such manner as to damage property shall be deemed a nuisance. The penalty for violations shall be S25 for the first offense and S50 for each additional offense. Violations of this bylaws shall be handled as a noncriminal offense in accordance with the provisions of Massachusetts General Laws C.40,§21D. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: STEVEN TRYDER—PETITIONER PRESENTATION FORMAT: VERBAL NOTES: THIS BYLAW TAKEN DIRECTLY FROM ANDOVER BYLAW. THIS IS- SUE ALSO COVERED UNDER MGL. POLICE RESPONSE IF NEEDED. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 49 Article 23.Accept The Provisions Of Massachusetts General Laws Chapter 44 Section 55c- Affordable Housing Trust. To see if the Town will accept the provisions of Massachusetts General Laws Chapter 44 Section 55C,Affordable Housing Trust,or to take any other action relative thereto. Chapter 44: Section 55C Municipal Affordable Housing Trust Fund Section 55C. (a)Notwithstanding section 53 or any other general or special law to the contrary, a city or town that accepts this section may establish a trust to be known as the Municipal Affordable Housing Trust Fund, in this section called the trust. The purpose of the trust is to provide for the creation and preservation of affordable housing in municipalities for the benefit of low and mod- erate income households. For the purposes of this section, acceptance shall be in a town by vote of an annual town meeting,and in any other municipality in accordance with section 4 of chapter 4. (b)There shall be a board of trustees,in this section called the board,which shall include no less than 5 trustees,including the chief executive officer,as defined by section 7 of chapter 4,of the city or town. Trustees shall be appointed in a city by the mayor or by the city manager in a Plan D or Plan E municipality, subject in either case,to confirmation by the city council,and in a town by the board of selectmen, shall serve for a term not to exceed 2 years,and are designated as public agents for purposes of the constitution of the commonwealth. (c) The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in this act,may include,but not be limited to,the following:-- (1)to accept and receive property,whether real or personal,by gift,grant,devise, or transfer from any person,firm,corporation or other public or private entity,including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by-law or any other ordinance or by-law, (2)to purchase and retain real or personal property,including without restriction investments that yield a high rate of income or no income, (3)to sell,lease,exchange,transfer or convey any personal,mixed, or real property at public auc- tion or by private contract for such consideration and on such terms as to credit or otherwise,and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract, (4)to execute, acknowledge and deliver deeds, assignments,transfers,pledges,leases, covenants, contracts,promissory notes,releases and other instruments sealed or unsealed,necessary,proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust, (5)to employ advisors and agents,such as accountants,appraisers and lawyers as the board deems necessary, MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 50 (6)to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (7)to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for de- preciation depletion or otherwise, (8)to participate in any reorganization,recapitalization,merger or similar transactions,and to give proxies or powers of attorney with or without power of substitution to vote any securities or certifi- cates of interest,and to consent to any contract,lease,mortgage,purchase or sale of property,by or between any corporation and any other corporation or person, (9)to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate, (10)to carry property for accounting purposes other than acquisition date values, (11)to borrow money on such terms and conditions and from such sources as the board deems ad- visable,to mortgage and pledge trust assets as collateral; (12)to make distributions or divisions of principal in kind, (13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust,including claims for taxes, and to accept any property, either in total or partial sa- tisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate, (14)to manage or improve real property,and to abandon any property which the board determined not to be worth retaining, (15)to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate;and (16)to extend the time for payment of any obligation to the trust. (d)Notwithstanding any general or special law to the contrary, all moneys paid to the trust in ac- cordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year,whether or not expended by the board within 1 year of the date they were appropriated into the trust,remain trust property. (e)The trust is a public employer and the members of the board are public employees for purposes of chapter 268A. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 51 (f)The trust shall be deemed a municipal agency and the trustees special municipal employees,for purposes of chapter 268A. (g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning pay- ment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. (h)The books and records of the trust shall be audited annually by an independent auditor in ac- cordance with accepted accounting practices. (i)The trust is a governmental body for purposes of sections 23A,23B and 23C of chapter 39. 0)The trust is a board of the city or town for purposes of chapter 30B and section 15A of Chapter 40;but agreements and conveyances between the trust and agencies,boards, commissions, authori- ties, departments and public instrumentalities of the city or town shall be exempt from said chapter 3013. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 52 ARTICLE 23. ACCEPT THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44 SECTION 55C-AFFORDABLE HOUSING TRUST. MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 23. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO TAKE NO ACTION PLANNING BOARD: TO TAKE NO ACTION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL- NOTES: HEIDI GRIFFIN WILL PROVIDE LANGUAGE FOR ROSEMARY TO EX- PLAIN WHY NO ACTION IS BEING TAKEN NOW. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: Article 24.Petition the Legislature-Amend Town Charter Chapter 2 New Section—Section 10 —Citizen Participation Mechanisms. To see if the Town will vote to authorize the Board of Selectmen to Petition the Massachusetts Leg- islature 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 Participation 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 Legislature approval. The question approving the Amendment shall ap- pear on the ballot substantially the same as outlined in MGL,Chapter 43B: Section 11. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 53 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 hereinaf- ter provided. However, no measure shall be proposed by initiative petition hereunder which: (1) makes a specific appropriation of money from the treasury of the town 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)in- creases taxes or fees, or(4)proposes 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 dead- line 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 Se- lectmen,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 be deemed to have been certified by him,and the Board of Selectmen shall cause the measure therein proposed to be included in the warrant as an initiative article, so designated. Whenever an initiative article is included in the warrant for an annual or special town meeting,the moderator shall give to the first named signer of the initiative article, or his designee,the privilege of making the first motion under the initiative article,which shall be in the words of the proposal in the article. The moderator shall not accept any amendments or substitute motions without the express approval of the person offering the first motion under the initiative article. Action under an initiative article shall be taken by majority,two-thirds or such other vote as may be required by the nature of such action under applicable state laws. If such annual or special town meeting shall dissolve without having adopted, enacted or voted pas- sage 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 peti- tioners 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 vot- MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 54 ers,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. The Board of Se- lectmen shall forthwith send such signatures to the Board of Registrars for certification. If the annual or special town meeting shall have adopted,enacted or voted passage of any other sep- arate 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 num- ber of signatures,all as provided in the next paragraph. Within ten days after the filing of the completed initiative petition,and the Board of Registrars hav- ing certified the required number of signatures, the Selectmen shall issue a call for a special election,which shall be held within thirty five 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 ex- clusionary 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 spe- cial 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 town meeting. If a majority of the voters shall vote in the affirmative, with at least twenty percent of 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 At- torney 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 affirma- tive vote in a town meeting shall, if proposed by an initiative petition, or if it be an alternate measure adopted by the town meeting, shall require the affirmative vote of two-thirds of the voters voting at the special election called under this section. Any measure proposed by initiative petition, or adopted by affirmative vote of the town meeting, and approved by the voters of the town under this section shall, after a period of 12 months,be subject to amendment,revision or repeal by town meeting,providing that such action does not conflict with the constitution or laws of the Common- wealth. No provision in this section shall negate or in any way limit the right of ten or more registered vot- ers 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 meet- ing warrant at their written request, all as provided for in Chapter 39, Section 10, of the General Laws. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 55 No provision in this section shall negate in any way the Massachusetts General Laws, North An- dover 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 or 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 number of 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 peti- tion, signed by not less than three per cent 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 ask- ing that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at seven o'clock in the morning and shall be closed not earli- er than eight o'clock in the evening,and all votes upon any questions so submitted shall be taken by ballot,and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question,which shall be placed upon the official ballot:--"Shall the town vote to approve the action of the 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 ef- fective 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 S. Movsesian and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.....................................Unfavorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 56 ARTICLE 24. Petition the Legislature-Amend Town Charter Chapter 2 New Section— Sec- tion 10—Citizen Participation Mechanisms. MOTION: MOVE TO ADOPT ARTICLE 24 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION PRESENTER: ALBERT S. MOVSESIAN-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR: PLEASE TAKE A HAND COUNT IF THE VOTE IS PASSED BY MAJORITY AS THIS IS A PETI- TION TO THE LEGISLATURE. VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 57 Article 25.Petition The General Court-Amend Chapter 8-Section 1 Of The Charter For The Town Of North Andover—Elections. To see if the Town will vote to direct the Board of Selectmen to Petition the General Court to amend Chapter 8 Section 1-1 of the Charter for the Town of North Andover by replacing Section 1- 1 in its entirety by: 8-1-1 The regular election for all town offices shall be by official ballot held on the first Tuesday in June of each year. or to take any other action relative thereto. Petition of Bernice A. Fink and others Recommendations: Board of Selectmen:.............................. Unfavorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 58 ARTICLE 25. PETITION THE GENERAL COURT-AMEND CHAPTER 8 - SECTION 1 OF THE CHARTER FOR THE TOWN OF NORTH ANDOVER-ELECTIONS. MOTION: MOVE TO ADOPT ARTICLE 25 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: BERNICE A. FINK-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: MR. MODERATOR: PLEASE TAKE A HAND COUNT IF THE VOTE IS PASSED BY MAJORITY AS THIS IS A PETITION TO THE LEGISLATURE. . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 59 Article 26. Third Telecommunications Antenna At Stevens Estate At Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to enter into a lease and grant an easement on the Stevens Estate, on terms and conditions the Board of Selectmen deem in the best interest of the Town of North Andover, for a third telecommunications carrier on the tower at the Stevens Estate;or to take any other action relative thereto. Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action ARTICLE 26. THIRD TELECOMMUNICATIONS ANTENNA AT STEVENS ES- TATE AT OSGOOD HILL. MOTION: MOVE TO ADOPT ARTICLE 26 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL — TOWN MANAGER WILL EXPLAIN IF NEEDED. NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 60 Article 27. Emergency Preparedness Memorandum of Understanding. To see if the Town will authorize the Board of Health to enter into a Memorandum of Understand- ing with the member communities of the Greater Lawrence Coalition Emergency Preparedness Region 3B to provide mutual aid and assistance in responding to public health emergencies, on terms and conditions the Board of Health deems in the best interest of the Town;or to take any oth- er action related thereto. Petition of Thomas A. Trowbridge and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action ARTICLE 27. EMERGENCY PREPAREDNESS MEMORANDUM OF UNDERSTAND- ING. MOTION: MOVE TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION MOTION PRESENTER: THOMAS A. TROWBRIDGE-PETITIONER PRESENTATION FORMAT: VERBAL — CHAIR OF BOARD OF HEALTH (TOM TROWBRIDGE)WILL PRESENT. NOTES: . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 61 Article 28.Discontinuance of Portion of 922 Dale Street—McCarthy Property. To see if the Town will vote to discontinue and abandon that portion of the public way known as Dale Street formerly owned by Essex County and located between Winter Street and Russett Lane containing approximately 0.50 acres, as shown on Plan of Land entitled "Plan of Land, 922 Dale Street, Prepared for Joseph McCarthy,"which is on file with the town clerk, and which abuts the property numbered 922 Dale Street which is owned by Joseph W.McCarthy and Sharon McCarthy, subject to the condition that the portion of Dale Street which is discontinued and the abutting prop- erty numbered 922 Dale Street be classified as agricultural land in accordance with the terms of Massachusetts General Laws Chapter 61A and subject to the condition that the Town retain and be granted an easement over the discontinued area for waterline and headwall maintenance as shown on said plan,and authorize the selectmen,upon such terms and conditions as the selectmen consider to be appropriate and in the best interests of the Town and consistent with the provisions of Section 83 of Chapter 291 of the Acts of 2004,to take any action to facilitate the annexation of the discon- tinued way to the property numbered 922 Dale Street, to retain any interest in the way, make any conveyances, and grant or accept any easements or other interests in the way and in the property numbered 922 Dale Street;or to take any other action relative thereto. Petition of Joseph McCarthy and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 62 ARTICLE 28. Discontinuance of Portion of 922 Dale Street—McCarthy Property. MOTION: MOVE TO ADOPT ARTICLE 28 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: JOSEPH MCCARTHY-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: THIS ACTION UNDER REVIEW FOR DCAM TO ACT — JACK SULLIVAN—RAY SANTILLI—CONTACT IS REP.TORRISI—WAITING *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 63 RECOMMENDATIONS: Article 29.Roadway Acceptances—Coachman's Lane(off Great Pond Road),Concord Street(off Osgood Street),Easy Street(off Abbott Street),Highland View Avenue(Chadwick St to Furber Ave),Morningside Lane(off Winter Street),and Rus- sett Lane(off Dale Street). To see if the Town will vote to accept the following roadways as public ways; or to take any other action related thereto. Coachman's Lane A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;prepared for Coachman's Lane, scale 1"=50',dated 9/1/03;prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Concord Street A way known as Concord Street as shown on a Plan of Land entitled, "Street Acceptance Plan lo- cated in North Andover, prepared for Concord Street, scale 1"=40', dated 9/1/03; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Easy Street A way known as Easy Street as shown on a Plan of Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA; prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA, prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA, scale 1"=40', dated January 23, 1981,revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 8690. Highland View Avenue A way known as Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Highland View Avenue, scale 1"=40', dated 9/1/03; prepared by Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830 on file in the Office of the Town Clerk. Morningside Lane A way known as Morningside Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill,MA 01830 on file in the Office of the Town Clerk. Russett Lane A way known as Russett Lane as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03; prepared by Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830 on file in the Office of the Town Clerk. Petition of the Department of Public Works Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 64 ARTICLE 29. Roadway Acceptances — Coachman's Lane (off Great Pond Road), Concord Street (off Osgood Street), Easy Street (off Abbott Street),Highland View Avenue (Chadwick St to Furber Ave),Morningside Lane(off Winter Street),and Russett Lane(off Dale Street). MOTION: MOVE TO ADOPT ARTICLE 29 AS PRINTED IN THE WARRANT FOR COACHMAN'S LANE, CONCORD STREET, EASY STREET, MORNINGSIDE LANE AND RUSSETT LANE. BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL—JACK SULLIVAN—NOTE HIGHLAND VIEW NOT TO BE VOTED ON PER TOWN COUNSEL 5-10-2005 NOTES: ALL STREETS VOTED TO BE LAYED OUT— ON FILE IN TOWN CLERK'S OFFICE 7 DAYS PRIOR TO TOWN MEETING 'TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 65 Article 30.Roadway Acquisition and Acceptance-Adams Avenue,Autran Avenue,Bunker Hill Street,Douglas Road,Glenwood Street,Martin Avenue,and Summit Street. To see if the Town will vote to accept the following roadways as public ways and authorize the Board of Selectmen to acquire by eminent domain, gift, purchase or otherwise, any fee, easement, or other interest in the following described roadways, and to award no damages for said eminent domain takings,or to take any action related thereto: Adams Avenue A way known as Adams Avenue as shown on a Plan of Land entitled,"Street Acceptance Plan lo- cated in North Andover; prepared for Adams Avenue, scale F=60', dated 8/16/04; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Autran Avenue A way known as Autran Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan lo- cated in North Andover; prepared for Autran Avenue, scale F=40', dated 1/7105; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Bunker Hill Street A way known as Bunker Hill Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;prepared for Bunker Hill Street, scale 1"=40',dated 2/13/04;prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Douglas Road A way known as Douglas Road as shown on a Plan of Land entitled, "Street Acceptance Plan lo- cated in North Andover; prepared for Douglas Road, scale F=40', dated 2/13/04, prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Glenwood Street A way known as Glenwood Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;prepared for Glenwood Street, scale 1"=40', dated 10/15/04 ;prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Martin Avenue A way known as Martin Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan lo- cated in North Andover; prepared for Martin Avenue, scale 1"=40', dated 8/16/04; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Summit Street A way known as Summit Street as shown on a Plan of Land entitled, "Street Acceptance Plan lo- cated in North Andover, prepared for Summit Street, scale F=40', dated 1/7105; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 66 Petition of the Department of Public Works Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:.........................................Favorable Action ARTICLE 30. ROADWAY ACQUISITION AND ACCEPTANCE - ADAMS AVENUE, AUTRAN AVENUE, BUNKER HILL STREET,DOUGLAS ROAD,GLENWOOD STREET, MARTIN AVENUE,AND SUMMIT STREET. MOTION: MOVE TO ADOPT ARTICLE 30 AS PRINTED IN THE WARRANT FOR ADAMS AVENUE, BUNKER HILL STREET, DOUGLAS ROAD,GLENWOOD STREET, MARTIN AVENUES AND SUMMIT STREET. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLASNNING BOARD: FAVORABLE ACTION MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL — JACK SULLIVAN — AUTRAN AVENUE EX- CLUDED PER TOWN COUNSEL 5-10-2005 NOTES: ALL STREETS VOTED TO BE LAYED OUT—FILED IN TOWN CLERK'S OFFICE 7 DAYS PRIOR TO TOWN MEETING *TWO-THIRDS VOTE REQUIRED ... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 67 Article 31. Street Acceptance-Anvil Circle(Off Turnpike Street-Forest View Estates). To see if the Town will vote to accept,as a public way,Anvil Circle as shown on the Street Layout Plan for Forest View Estates in North Andover,MA,Prepared for the Town of North Andover, 120 Main Street,North Andover,MA,drawn by Marchionda&Associates,L.P. Engineering and Plan- ning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 10,2005, Scale 1"=40', which is on file with the Town Clerk of North Andover; or to take any other action relative thereto. Petition of Lianne Cristaldi and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 31. STREET ACCEPTANCE - ANVIL CIRCLE (OFF TURNPIKE STREET- FOREST VIEW ESTATES). MOTION: MOVE TO ADOPT ARTICLE 31 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: LEANNE CRISTALDI-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: STREET VOTED TO BE LAYED OUT— FILED IN TOWN CLERK'S OF- FICE 7 DAYS PRIOR TO TOWN MEETING — JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 68 Article 32. Street Acceptance-Amberville Road(Off Turnpike Street-Forest View Estates). To see if the Town will vote to accept, as a public way, Amberville Road as shown on the Street Layout Plan for Forest View Estates in North Andover,MA, Prepared for the Town of North An- dover, 120 Main Street,North Andover,MA,drawn by Marchionda&Associates,L.P.Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 10,2005, Scale 1"=40',which is on file with the Town Clerk of North Andover;or to take any other action relative thereto. Petition of Lianne Cristaldi and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 69 ARTICLE 32. STREET ACCEPTANCE - AMBERVILLE ROAD (OFF TURNPIKE STREET-FOREST VIEW ESTATES). MOTION: MOVE TO ADOPT ARTICLE 32 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: LIANNE CRISTALDI-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: STREET VOTED TO BE LAYED OUT- FILED IN TOWN CLERK'S OF- FICE 7 DAYS PRIOR TO TOWN MEETING - JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 70 Article 33. Street Acceptance-Garnet Circle(Off Turnpike Street-Forest View Estates). To see if the Town will vote to accept,as a public way,Garnet Circle as shown on the Street Layout Plan for Forest View Estates in North Andover,MA,Prepared for the Town of North Andover, 120 Main Street,North Andover,MA,drawn by Marchionda&Associates,L.P. Engineering and Plan- ning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 10,2005, Scale 1"=40', which is on file with the Town Clerk of North Andover; or to take any other action relative thereto. Petition of Lianne Cristaldi and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting ARTICLE 33. STREET ACCEPTANCE - GARNET CIRCLE (OFF TURNPIKE STREET- FOREST VIEW ESTATES). MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION FAVORABLE ACTION: FAVORABLE ACTION MOTION PRESENTER: LIANNE CRISTALDI-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: STREET VOTED TO BE LAYED OUT— FILED IN TOWN CLERK'S OF- FICE 7 DAYS PRIOR TO TOWN MEETING — JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 71 Recommendations: Article 34. Street Acceptance-Palomino Drive(Off Turnpike Street- Forest View Estates). To see if the Town will vote to accept, as a public way, Palomino Drive as shown on the Street Layout Plan for Forest View Estates in North Andover,MA, Prepared for the Town of North An- dover, 120 Main Street,North Andover,MA,drawn by Marchionda&Associates,L.P.Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 10,2005, Scale 1"=40',which is on file with the Town Clerk of North Andover;or to take any other action relative thereto. Petition of Lianne Cristaldi and others Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 72 ARTICLE 34. STREET ACCEPTANCE - PALOMINO DRIVE (OFF TURNPIKE STREET-FOREST VIEW ESTATES). MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: LIANNE CRISTALDI-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: STREET VOTED TO BE LAYED OUT- FILED IN TOWN CLERK'S OF- FICE 7 DAYS PRIOR TO TOWN MEETING - JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 73 Article 35. Street Acceptance—Willow Street,Willow Street(South Extension),Bayfield Drive and Flagship Drive. To see if the Town will vote to accept the following roadways as public ways; or to take any other action relative thereto: Willow Street, Willow Street(South) Extension, Bayfield Drive and Flagship Drive, all as shown on a Street Layout Plan entitled, "Street Layout Plan of Willow Street(South)extension and Bay- field Drive "North Andover Business Park-, prepared for Bayfield Development Company, Inc., 355 Middlesex Avenue,Wilmington,MA 01887;prepared by the Neve-Morin Group,Inc.,447 Old Boston Road, Topsfield,MA 01983; scale 1"=40',dated 12/21/04 on file in the Office of the Town Clerk. Petition of Frank E. Elander and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting ARTICLE 35. STREET ACCEPTANCE — WILLOW STREET, WILLOW STREET (SOUTH EXTENSION),BAYFIELD DRIVE AND FLAGSHIP DRIVE. MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 35. RECOMMENDATIONS: BOARD OF SELECTMEN: TO TAKE NO ACTION FINANCE COMMITTEE: TO TAKE NO ACTION PLANNING BOARD: TO TAKE NO ACTION MOTION PRESENTER: PETITIONER OR ROSEMARY C. SMEDILE PRESENTATION FORMAT: VERBAL NOTES: STREET NOT LAYED OUT — JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 74 Article 36. Street Acceptance—Delucia Way(Off Waverley Road). To see if the Town will vote to accept Delucia Way (Off Waverley Road) as a public way, or to take any other action relative thereto. Petition of Stephen Smolak and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting ARTICLE 36. Street Acceptance—Delucia Way(Off Waverley Road). MOTION: MOVE TO ACCEPT DELUCIA WAY AS A PUBLIC WAY AS SHOWN ON PLAN OF LAND ENTITLED "DEFINITIVE SUBDIVISION PLAN-DELUCIA WAY" LO- CATED IN NORTH ANDOVER, MASSACHUSETTS AND RECORDED WITH THE NORTH ESSEX REGISTRY OF DEEDS AS PLAN 014155 DATED MARCH 9, 2001, RE- VISED MAY 29, 2001 AND ALSO AS SHOWN ON "PLAN OF LAND — STREET ACCEPTANCE PLAN DELUCIA WAY IN NORTH ANDOVER, MASSACHUSETTS" PREPARED FOR STEPHEN SMOLAK BY ENGINEERING AND SURVEY SERVICES DATED MARCH 17,2004. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: PETITIONER OR ROSEMARY C. SMEDILE, CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: STREET VOTED TO BE LAYED OUT— FILED IN TOWN CLERK'S OF- FICE 7 DAYS PRIOR TO TOWN MEETING — JACK SULLIVAN WILL ADDRESS IF NEEDED . MAJORITY VOTE REQUIRED... VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 75 Article 37. Timber Lane—Transfer to the Board of Selectmen. To see if the Town will vote to authorize the transfer of the care, custody and control of the follow- ing parcel of land,which is a cul-de-sac on Timber Lane,to the Board of Selectmen for purposes of selling or conveying the land and to authorize the Selectmen to sell or convey the land on terms and conditions they deem in the best interest of the Town, even if the Town receives no financial pay- ment: Beginning at a point on the northerly sideline of Timber Lane being 12.82 feet from the lot cor- ner between Map 64,Parcel 38 and Map 104C,Parcel 85 as shown on a plan entitled"Form A Lot Line Adjustment Plan Town of North Andover Timber Lane,North Andover,MA." Scale 1"=20', dated February 11,2005,prepared by W.C.Cammett Engineering,Inc.,which is on file at the Town Clerk's Office thence: Turning and running North 60°39'l 0"West a distance of 155.39 feet to a point on the northerly sideline of Timber Lane, Then turning and running along a curve to the left with a radial bearing of North 29'20'50"East and a central angle of 72°32'30"a radius of 40.00 feet and a distance along the curve of 50.64 feet to a point, Thence turning and running along a curve to the right with a central angle of 162°32'30" a ra- dius of 60.00 feet and a distance along the curve of 170.21 feet to a point, Thence turning and running South 29°20'50" West a distance of 10.00 feet to the point of be- ginning And which is further shown as Parcel A on said plan,having an area of+7,080 square feet, or to take any other action relative thereto. Petition of David Fournier and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 76 ARTICLE 37. TIMBER LANE—TRANSFER TO THE BOARD OF SELECTMEN. MOTION: MOVE TO ADOPT ARTICLE 37 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: L__ Article 38. [removed] The Board of Selectmen at their meeting of April 11,2005,voted to remove this Article from the Warrant. As this booklet was already in the proofing phase,the Articles could not be re- numbered nor the book repaginated. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 77 ARTICLE 38. POLICE STATION REZONING; ARTICLE 38 WAS REMOVED FROM WARRANT BY VOTE OF THE BAORD OF SELECTMEN ON MARCH 28, 2005. NOT INCLUDED IN POSTED WAR- RANT AND TEXT NOT INCLUDED IN FINANCE COMMITTEE REPORT. NO VOTE TO BE TAKEN VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 78 Article 39.Rezone Turnpike Street. To see if the Town will vote to make the appropriate changes to the Town of North Andover Zoning Map, pursuant to Section 3.2 of the Zoning Bylaw,to rezone the below parcels of land from their current zoning to Business 1 (B1): (1)To rezone the eight parcels with land fronting on Turnpike Street from the intersection of Hillside Road and Turnpike Street(next to Chestnut Green Office Park)starting at 591 Turnpike Street and ending at 651 Turnpike Street[Country Side Realty Building] (2)To rezone the 10 parcels with land fronting Turnpike Street from 570 Turnpike Street(next to Starbucks and Blockbuster)to and including 740 Turnpike Street(Mr. Sudzy Carwash) and certain parcels that are located within 200 feet of Turnpike Street[Map 98D,20,Map 98D,21]. These eighteen parcels of land are shown on the Town of North Andover Assessors Map as the fol- lowing map and parcels with corresponding current zoning classifications: Assessor's Map 25 Parcel 8, Assessor's Map 25 Parcel 7, Assessor's Map 25 Parcel 6, Assessor's Map 25 Parcel 5, Assessor's Map 25 Parcel 43, from Residential 6 to Business 1, Assessor's Map 25 Parcel 44, Assessor's Map 25 Parcel 50, Assessor's Map 25 Parcel 53, from Village Commercial to Business 1, Assessor's Map 98D Parcel 31, from Residential 3 to Business 1, Assessor's Map 98D Parcel 38, Assessor's Map 98D Parcel 57, Assessor's Map 98D Parcel 56, Assessor's Map 98D Parcel 40, from Village Commercial to Business 1, Assessor's Map 98D Parcel 21, Assessor's Map 98D Parcel 20,from Industrial 1 to Business 1, Assessor's Map 98C Parcel 61, Assessor's Map 25 Parcel 2, MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 79 Assessor's Map 98D Parcel 37;from Residential 3 to Business 1, or to take other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 39. REZONE TURNPIKE STREET. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: ROSEMARY C. SMEDILE,CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 80 Article 40.Amend Zoning Map—651 Turnpike Street(Route 114)from Village Commercial (VC)to General Business(GB). To see if the Town will vote to rezone the property located at 651 Turnpike Street(Route 114)from Village Commercial(VC)to General Business(GB). The property consists of 45,000 S.F. or 1.03 acres of land. A description of the property can be found on Map 25 Block 53 of the Town of North Andover Assessor's Map. The property is further described in Book 03794 Page 0278 at the Essex County Registry of Deeds. The Village Commercial classification requires 90,000 S.F. of land to build commercially. The General Business classification requires 25,000 S.F. of land to build commercially. The property at 651 Turnpike Street has 45,000 S.F. of land. The property immediately adjacent to 651 Turnpike Street is zoned General Business. (Specifically the property located on Map 25 Parcel 4 of the Town Assessor's Map). Rezoning creates a more consistent General Business zoning scheme along Route 114. The rezoning of the property located at 651 Turnpike Street is consistent with the public policy con- siderations established by the Town's Zoning Task Force. Rezoning assists the town by creating additional revenue. Furthermore,rezoning helps the Town to shape and direct appropriate econom- ic growth by promoting new economic opportunity on the already commercialized Route 114 highway. Rezoning is also consistent with the public policy considerations of Chapter 40(A) of the Massa- chusetts General Laws. Rezoning permits the most appropriate use of the land and promotes the heath,safety,and welfare of the Town's residents; or to take any other action relative thereto. Petition of Scott Hajjar and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 81 ARTICLE 40.Amend Zoning Map—651 Turnpike Street(Route 114)from Village Commer- cial(VC)to General Business(GB). MOTION: MOVE TO ADOPT ARTICLE 40 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: SCOTT HAJJAR-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 82 Article 41.Amend Zoning Map 1503 Osgood Street—Assessors Map 34 Parcel 7 From Indus- trial 1 (II)to Business 2(112). To see if the Town will vote to amend the Zoning Map of the Town of North Andover for a certain parcel of land,consisting of 6.07 acres,known and numbered at 1503 Osgood Street,located on the easterly side of Osgood Street at the intersection of Osgood Street and Orchard Hill Road, and shown on the Town of North Andover Assessors Map 34,Parcel 7, from Industrial 1 (1-1)to Busi- ness 2(B-2);or to take any other action relative thereto. Said parcel is more particularly described as follows: Beginning at the Northwesterly corner of the parcel herein described at a point on the Easterly side of Osgood Street in the Town of North Andover,Massachusetts, Thence;N 85°05'57"E by land of Albacado Lmt. Partnership a distance of 663.21' to a stone bound, Thence: S 22°29'47"E by land of Barker a distance of 412.51'to a stone bound, Thence: S 87°00'56"W along Orchard Hill Road a distance of 733.36' to a point on a curve on the Easterly side of Osgood Street, Thence; Northerly along the Easterly sideline of Osgood Street on a curve with a radius of 508.76' a distance of 39.98'to a point of tangency, Thence;N 13'37'13"W along Osgood Street a distance of 332.95' to the Point of Beginning. Said parcel containing 264,561 s.f, or 6.07 Acres, as more particularly shown on the following plan,being the same premises conveyed by deed recorded with the Essex North Registry of Deeds in Book 7902,Page 75. Petition of John T. Smolak and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 83 ARTICLE 41. Amend Zoning Map 1503 Osgood Street—Assessors Map 34 Parcel 7 From Industrial 1 (I1)to Business 2(112). MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN T. SMOLAK-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 84 Article 42.Amend Zoning Map—1000 Osgood Street from 12 (Industrial 2)to Business 2(B2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone the parcel of land with the two-story building thereon, located at 1000 Osgood Street,North Andover, MA from Industrial 2(12)to Business 2(132). Said parcel of land being shown on North Andover Assessor's Map 74,Parcel 6 and located on the westerly side of Osgood Street approximately 295.4 feet northerly of the intersection of Osgood Street with Sutton Street. For further reference see deed dated May 3, 1971,recorded in the North Essex Registry of Deeds in Book 1170,Page 206;or to take any other action relative thereto. Petition of Vincent B. Landers and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 85 ARTICLE 42. Amend Zoning Map—1000 Osgood Street from 12 (Industrial 2)to Business 2(B2). MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: VINCENT B. LANDERS-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 86 Article 43.Amend Zoning Bylaw Section 4.2—Phased Development—By Amending Section 1 —Intent and Purpose and Section 9-Expiration. To see if the Town will vote to amend Section 4.2—Phased Development—of the Town of North Andover Zoning Bylaw by deleting Section 1-Intent and Purpose, and inserting a new Section 1 — Intent and Purpose, and by deleting Section 9 -Expiration, and inserting a new Section 9—Expira- tion,or to take any other action relative thereto: Section 4.2 currently reads: 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 allow- ing 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 effec- tive services for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed by its citizens. 2. Definitions. For the purposes of this Bylaw,the following terms shall have the following meaning: (a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained. (b) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust,a partner in a partnership,or an officer or owner of a corporation,requests one or more building permits for the construction of new dwelling units. (c) "Development" shall mean a single parcel or set of contiguous parcels of land held in sub- stantial common ownership,regardless of form, at any time on or after the date of adoption of this bylaw,for which one or more building permits are sought. (d) "Phased Development Schedule"shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section,which outlines the maximum build- ing 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 sec- tion, or unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A,c.6. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 87 (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 au- thorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a. (d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. (e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building De- partments. (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 subdi- vision 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 un- der 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. 0) 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 in accordance with the follow- ing Phased Development Schedule: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 88 Number of Units in Maximum Units for Subdivision Minimum Years which Building Records Development for Development May Be Issued Per Year 1-6 1 All 7-20 2 50%of total 21-34 3 33%of total 35-50 4 25%of total 51-75 5 20%of total 76-125 6 16.7%of total 126+ 7 14.3%of total No Phased Development Schedule shall exceed seven years. (b) The number of lots eligible for building permits in the first year of the development shall be prorated from the anniversary date to December 31. Fractions of .5 or greater shall be rounded up to the nearest number and fractions less than.5 shall be rounded down. (c) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall super- sede 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 de- velopment schedule. (d) The Planning Board,in approving the second plan, shall determine the number of authoriza- tions 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 applica- tions 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 ap- proval of the application. ii. The Building Inspector shall be authorized to issue revised Phased Development Sche- dules 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. No building permits shall be is- sued pursuant to the schedule until the applicant records the approval decision with the Phased Development Schedule at the Registry of Deeds. 6. Exemptions. The following developments are specifically exempt from the provisions of this bylaw. a) An application for a building permit for the enlargement,restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law,provided that no additional resi- dential 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 MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 89 be exempt from the provisions of this by-law. The Planning Board shall have sole and ex- clusive authority to render all decisions on exemption requests. c) Dwelling units for low and/or moderate income families or individuals,where all of the fol- lowing conditions are met: i. Occupancy of the units is restricted to households qualifying under Local Initiative Pro- grams and the New England Fund as administered by the Massachusetts Department of Housing and Community Development. ii. The affordable units are subject to a properly executed and recorded in perpetuity deed restriction running with the land that shall limit the succeeding resale price to an increase of 10 percent,plus any increase in the consumer price index,plus the cost of any improvements certified by the Building Inspector. d) Dwelling units for senior residents,where occupancy of the units is restricted to senior per- sons through a properly executed and recorded in perpetuity deed restriction running with the land. For purposes of this Section"senior"shall mean persons over the age of 55. e) Development projects which voluntarily agree to a minimum 40%permanent reduction in density,(buildable lots),below the density,(building lots),permitted under zoning and feas- ible given the environmental conditions of the tract, and as determined and approved by the North Andover Planning Board with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Re- striction,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 adja- cent 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 dwel- ling unit on the parcel. 7. Zoning Change Protection Any protection against zoning changes provided by M.G.L. c. 40A,s.6,shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. 8. Severability The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining. 9. Expiration The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of Town Meeting,before said date,the provisions of this Section 4.2 may be extended from an additional four(4)years in order to continue municipal comprehensive planning studies necessary to pro- mote orderly growth. In the event said action is taken by Town Meeting prior to July 1, 2009, these provisions shall be construed to have lapsed on such date. Section 1 as Amended to read as follows: 4.2 Phased Development Bylaw 2-.1.INTENT AND PURPOSE -- Formatted:Bullets and Numbering MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 90 This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws, Chap- ter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: a)to ensure that growth occurs in an orderly and planned manner,at a rate that can be supported by Town services,while avoiding large year to year variations in the development rate, b) to allow the Town time to update and implement its Master Plan and Housing Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character, and municipal services, and to continue municipal comprehensive planning studies necessary to provide orderly growth, c)to allow the Town time to study,plan for, and provide an additional source of water so as to protect the town's water supply for future growth, d)to relate the timing of residential development to the Town's ability to provide adequate pub- lic safety, schools,roads, municipal infrastructure, and human services at the level of quality which citizens expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2, e)to allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. Sections 2 through 8 remain unchanged. Section 9 as Amended to read as follows: 9. The provisions of this Section 4.2 shall expire on July 1,2009. Petition of the Planning Board Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 91 ARTICLE 43. AMEND ZONING BYLAW SECTION 4.2 - PHASED DEVELOPMENT- BY AMENDING SECTION 1-INTENT AND PURPOSE AND SECTION 9-EXPIRATION. MOTION: MOVE TO ADOPT ARTICLE 43 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: ALBERTO ANGLES-CHAIR,PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: *TWO THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 92 Article 44.Amend Section 8.8.7-Adult Use Zone-Application Information of the Zoning By- law. To see if the Town will vote to amend section 8.8.7 of the Zoning Bylaw for the Town of North Andover as follows: Section 8.8.7 now reads: Application information: The application for a special permit for an adult use establishment must in- clude the following information: a) Name and address of the legal owner of the establishment,and of the legal owner of the proper- ty, b) Name and address of all persons having lawful equity or security interests in the establishment, c) Name and address of the manager, d) Number of employees, e) Proposed provisions for security within and without the establishment, f) The physical layout of the interior of the establishment. Amend by adding the following to Section e: (e) Proposed provisions for security within and without the establishment,these provisions must include and detail specifications for the following requirements: (i) Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment, (ii)Security personnel paid for by the establishment owner to patrol the parking lot. (iii)The security plans and personnel referenced in items Section 8.8.7(e)(i) and(ii) shall be approved by the North Andover Police Chief. Section 8.8.7 as amended to read: Application information: The application for a special permit for an adult use establishment must in- clude the following information: a) Name and address of the legal owner of the establishment,and of the legal owner of the proper- ty, b) Name and address of all persons having lawful equity or security interests in the establishment, c) Name and address of the manager, d) Number of employees, e) Proposed provisions for security within and without the establishment,these provisions must include and detail specifications for the following requirements: (i) Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment, (ii)Security personnel paid for by the establishment owner to patrol the parking lot. (iii)The security plans and personnel referenced in items Section 8.8.7(e)(i)and(ii)shall be approved by the North Andover Police Chief. f) The physical layout of the interior of the establishment. Or to take any other action relative thereto. Petition of the Planning Board MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 93 Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting ARTICLE 44. AMEND SECTION 8.8.7 - ADULT USE ZONE - APPLICATION INFOR- MATION OF THE ZONING BYLAW. MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: ALBERTO ANGLES,PLANNING BOARD CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 94 Article 45.Amend Zoning Bylaw Section 8.9 Wireless Service Facilities-Add New Section— Section 13—Exempt Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw by adding a new Section— Section 13 -Exempt Facilities,to read as follows: 13)Exempt Facilities The following facilities shall be exempt from the provisions of this bylaw: a)Municipal telecommunications facilities,including but not limited to police, fire,ambulance,and emergency dispatch facilities,and other municipal telecommunications facilities, b)Amateur radio towers used in accordance with the terms of an amateur radio license issued by the Federal Communications Commission (FCC),provided that(1) the amateur radio tower is not used or licensed for any commercial purpose; and(2)the tower shall be removed upon loss or termination of the FCC license. Or to take any other action relative thereto. Petition of the Board of Selectmen Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 95 ARTICLE 45. AMEND ZONING BYLAW SECTION 8.9 WIRELESS SERVICE FACILI- TIES-ADD NEW SECTION—SECTION 13—EXEMPT FACILITIES. MOTION: MOVE THAT THE TOWN amend Section 8.9 of the Zoning Bylaw by adding a new Section—Section 13-Exempt Facilities,to read as follows: 13)Exempt Facilities The following facilities shall be exempt from the provisions of this bylaw: Municipal telecommunications facilities, including but not limited to police, fire, am- bulance,and emergency dispatch facilities, and other municipal telecommunications facilities; RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: ALBERTO ANGLES,CHAIR,PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: RICHARD M. STANLEY,POLICE CHIEF WILL RESPOND *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 96 Article 46.Amend Zoning Bylaw—Sign Bylaw. To see if the Town will vote to amend Sections 6.6.13.2 and 6.6.G.1 of the Town of North Andover Zoning Bylaw;or to take any other action relative thereto: Section 6.6.B.2 now reads: "One temporary unlighted real estate sign advertising the sale,rental or lease of the premises or subdivision on which it is erected to be not larger than six (6) square feet;requires no sign permit if the erecting agent has obtained a one year permit for erecting such sign. Such sign to be removed fourteen(14)days after sale,rental or lease. Section 6.6.B.2 as amended to read: "One (1)temporary unlighted real estate sign advertising the sale,rental or lease of the premises or subdivision on which it is erected to be no larger than twelve(12)square feet. The Building Inspector shall allow a sign larger than twelve square feet if a. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; b. The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be lo- cated upon. Such sign shall be removed fourteen(14)days after sale,rental or lease." Section 6.6.G.1 now reads as follows: "Signs as permitted in residence districts,except that tem- porary real estate signs may be as large as twenty-five square feet." Section 6.6.G.1. as amended to read: "Signs as permitted in residence districts,except that tem- porary real estate signs may be as large as twenty-five (25) square feet. The Building Inspector shall allow a sign larger than twenty-five square feet if a. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; b. The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be lo- cated upon. Such sign shall be removed fourteen(14)days after sale,rental or lease." Petition of Mark H.Rees and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 97 ARTICLE 46. AMEND ZONING BYLAW-SIGN BYLAW. MOTION: MOVE TO ADOPT ARTICLE 46 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: MARK H.REES-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: HEIDI GRIFFIN,COMMUNITY DEVELOPMENT DIRECTOR WILL RE- SPOND. *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 98 Article 47.Amend Zoning Bylaw Section 4.133—Allowed Uses-(Industrial 2 District). To see if the Town will vote to amend the allowed uses found in Section 4.133 (Industrial 2 Dis- trict) of the North Andover Zoning Bylaw by removing the existing Subparagraph 9. "Swimming and/or tennis clubs shall be permitted with a Special Permit."And replacing it with the following: 9. Recreational uses,including swimming club,tennis club,health club,indoor ice skating facility, and indoor/outdoor athletic recreation facility by Special Permit. And in connection therewith to amend Table 1 (Summary of Use Regulations) under the list of Permitted Uses for "Indoor Skating Facility" by replacing under the I-2 District column the note "N"with the note"SP", or to take any other action relative thereto. Petition of John T. Smolak and others Recommendations: Board of Selectmen:....................To Be Made At Town Meeting Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 99 ARTICLE 47. AMEND ZONING BYLAW SECTION 4.133-ALLOWED USES- (INDUS- TRIAL 2 DISTRICT). MOTION: MOVE TO ADOPT ARTICLE 47 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN T. SMOLAK-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 100 Article 48.Amend Zoning Bylaw—Planned Resident Development(PRD),Section 8.5.6.G— Calculation of Allowable Residential. To see if the Town will vote to amend Section 8.5.6.G of the Town of North Andover Zoning By- law by changing the phrase "number of buildable lots"to "number of buildable lots and/or dwelling units" in three (3) places, and within item 1., to change the referenced section of the "Rules and Regulations Governing the Subdivision of Land" from Section 3(b)to Section IV, in keeping with renumbering applied to those Rules and Regulations. Section 8.5.6.G would be amended to read as follows: G. Calculation of Allowable Residential Except as noted in Subsection H below,the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would re- sult from an approved conventional subdivision plan. In order to determine the residential density of a PRD,the applicant must submit to the Planning Board a plan which: 1. meets the criteria of a Preliminary Subdivision Plan as defined in Section IV of the "Rules and Regulations Governing the Subdivision of Land"in effect at the time of plan submittal, 2. is fully compliant with the"Zoning Bylaw"in effect at the time of the plan submittal;and 3. requires no zoning variances. The Planning Board will use this plan to determine the maximum number of buildable lots and/or dwelling units allowed in a PRD. Petition of John Simons and others Recommendations: Board of Selectmen:.........................................Favorable Action Finance Committee:....................To Be Made At Town Meeting MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 101 ARTICLE 48. AMEND ZONING BYLAW - PLANNED RESIDENT DEVELOPMENT (PRD),SECTION 8.5.6.G-CALCULATION OF ALLOWABLE RESIDENTIAL. MOTION: MOVE TO ADOPT ARTICLE 48 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: JOHN SIMONS-PETITIONER PRESENTATION FORMAT: VERBAL NOTES: *TWO-THIRDS VOTE REQUIRED' VOTE: DATE: TIME: DISSOLUTION MOTION CHAIRMAN SMEDILE: MR. MODERATOR,I MOVE THAT THIS 2005 ANNUAL TOWN MEETING BE DISSOLVED. MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 102 And you are directed to serve this Warrant by postkig true and attestod co.pics thereol'at the Town Of ice Building wid one public place iii each voting precuict in the Town, said copies to be posted not less than seven (7), days before the tipiie of'said rrieding, Uveii Lilldff OUI-hZIMIS this F,,,lcvcjith Day of Apr d in the Year Two-Thousand Five, Hereof, Fail not, and make due retuni of the War-rant with the doings thereon to thc 7'omm at (tic time and plate 01'said mecting. NOIC141 ANDOVER BOARD OF SELECTNI EN Rosemary Connelly Smedile 6iairrnan k1ai*J.T. Caggiano Thonias Licciai-deflo Donald B. Stewart James M. Xenakis NORTH ANDOVER, MASSACAIUSETTS Jan ce�,,A'. Hradshaw,Towu Clerk Attest: A'Frue Copy: CONSTABLE'S RETURN OFSERVIC.f', PurRtanl to the foregoing warnua, I have%yamed and notified the inhabitauls ofthe'l'owli ol"North AiidQvcr who Lire qUalified to vote in Town affairs to be at the Lime and place l'or the pull)OSO mentiored Within by posting tIlle and attested copies thereof at the town office bLdiding and one pulflic place in cach voting precinct in [lie town at lea5t :seven (lays bef'ore the date of"said mec,(ing,, .... .................................... CONSTABLE DATE MAY 9,2005 ANNUAL TOWN MEETING MOTION BOOK 103