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Home My WebLink About2005 DRAFT ANNUAL TOWN MEETING WARRANT FOR POSTING-JOYCE-MARCH 15, 2005 00RT#j 9 � �t�EO t tiO t 0 � �SSACHU5�4 Town of North Andover Annual Town Meeting Warrant May 9, 2005 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School on Monday May 9, 2005, at 7:00 PM then and there to act upon the following articles: Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of any special appointed committees; or to take any other action relative thereto. Board of Selectmen Article B. Consent Articles. To see if the Town will vote the following consent articles or to take any other action related thereto: A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2004 Annual Town Report; or to take any other action relative thereto. B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Year. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate; or to take any other action relative thereto. 1 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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 interest of the town; or to take any other action relative thereto. 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 purposes on terms and conditions the Board and Committee deem in the best interest of the Town; or to take any other action relative thereto. Board of Selectmen Article C. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman of Board of Selectmen, per annum, in addition 300 School Committee, per person, per annum 2,000 Chairman, School Committee, per annum, in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or to take any other action relative thereto. Article D. Amend General Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under Article 10 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article E. Amend Capital Improvement Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under Article 11 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 12 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen 2 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article G. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 13 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article H. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Steven's Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 14 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article I. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital Funds; or to take any other action relative thereto. Article J. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town; or to take any other action relative thereto. Article K. General Fund Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2005 and ending June 30, 2006; or to take any other action relative thereto. Article L. Capital Improvement Plan Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program; or to take any other action relative thereto. Article M. Water Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2005 and ending June 30, 2006; or to take any other action relative thereto. Article N. Sewer Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2005, and ending June 30, 2006; or to take any other action relative thereto 3 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article O. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2006. To see if the Town will vote to appropriate from Steven's Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2005 and ending June 30, 2006; or to take any other action relative thereto. Article P. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2005. REVOLVING ACCOUNTS A revolving account allows fees and donations to be used for related expenses without a specific appropriation by Town Meeting. For example, activity fees collected from participants in Youth Services programs are used for cost associated with running the programs. State Law requires that the Town Meeting vote annually on this type of revolving account setting a dollar limit and specifying who is authorized to make expenditures. In any fiscal year, the limit on the amount that may be spent can be increased with the approval of both the Board of Selectmen and the Finance Committee; or to take any other action relative thereto. 4 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 A/C# Revolvin Fund Authorized to Spend Use of Funds Revenue Source FY 2005 Limit Participants fees, Grants,Donations, Division of All programs and activities, and related 022-5423- p g Fundrasing A 3437 Youth Services Division Head expense,part time help proceeds $ 250,000 Field rental fees, Grants,Donations, Field Field maintenance,upgrade and relate 022-4925- pt� Fundrasing g s 3077 Maintenance Division Head and related expenses proceeds $ 20,000 Participants fees, Grants,Donations, Division of Elder Senior programs,classes and and related 022-5590- p Fundrasing C 3564 Service Division Head activities proceeds $ 50,000 Clinic participant fees,Grants, Health Dept clinic supplies and other Donations,and 022-5102- p pp related Fundrasing D 3424 Revolving Division Head related materials proceeds $ 20,000 022-4306- Wheelabrator Wheelabrator Host E 3008 Planning Division Head Air quality monitoring Service Agreement $ 25,000 Peermit Fees and Trash Truck To enforce Trash Truck Se rator Host 022-4307- Serr vvice ce Agreement F 3083 Enforcement Division Head regulations $ 20,000 Protection of health, safety 022-4308- Wheelabrator- and monitoring the air Wheelabrator Host G 3649 Health Division Head quality Service Agreement $ 40,000 022-4309- Health Dept- Food Consultant fee's and H 3084 Food Inspections Division Head expenses related to program Inspection fee's $ 10,000 022-4310- Health Dept- Septic Consultant fee's and 1 3085 Septic Inspections Division Head expenses related to program Inspection fee's $ 40,000 5 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article Q. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; or to take any other action relative thereto. Article - List of Proposed Community Preservation Committee Appropriations NEED APPROPRIATIONS Petition of the Community Preservation Committee Article R. Preservation Restriction-North Parish Church Academy Road. To see if the Town will vote to authorize the Old Center Historic District Commission, with the approval of the Board of Selectmen, to accept a Preservation Restriction from the North Parish Unitarian Universalist Church of North Andover, located at 190 Academy Road, on terms and conditions deemed to be in the best interest of the Town; or to take any other action related thereto. Petition of the Community Preservation Committee Article S. Amend General Bylaws of the Town of North Andover — Add Chapter 131- Standardizin2 The Placement and Maintenance of Newsracks. To see if the Town will amend the General Bylaws for the Town of North Andover by adding a new chapter — Chapter 131 Standardizing the Placement and Maintenance of Newsracks to read as follows; or to take any other action relative thereto. TOWN OF NORTH ANDOVER Chapter 131 STANDARDIZING THE PLACEMENT AND MAINTENANCE OF NEWSRACKS § 131.1 Definitions. § 131.2 Certificate of Compliance § 131.3 Fees. § 131.4 Standards § 131.5 Attachment to Property. § 131.6 Advertising Prohibited. § 131.7 Installation, Maintenance, and Delivery Time. 6 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 § 131.8 Enforcement Procedures. § 131.9 Fees For Removal and Storage. § 131.10 Regulations. § 131.11 Effect on Other Laws. § 131.12 Severability § 131.13 Effective Date. § 131.1 Definitions. When used in this Bylaw, unless the context otherwise requires, the following terms shall have the following meanings: a. 'Director" shall mean the Director of the Public Works Department of the Town of North Andover or such person as said Director may from time to time designate. b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of newspapers, periodicals or printed material of whatever nature. c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this Bylaw. d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for the installation and maintenance of newsracks encompassed by any Certificate of Compliance issued pursuant to the provisions of this Ordinance and for compliance with all provisions contained herein. e. "Operator" shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships,joint ventures and the like who either own, operate or are otherwise in control of a newsrack. f. "Public way" shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of the Town Department of Public Works, School Department, or other body having like power. § 131.2 Certificate of Compliance. a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a newsrack in or on any part of a public way without first obtaining a Certificate of Compliance from the Director in accordance with the provisions of this Bylaw. b. The Certificate of Compliance must be renewed annually by application to the Director. c. Issuing Authority. The Director shall be the issuing authority and coordinator of the application process and administration of this Bylaw. d. Approving Authority. The approving authority shall be the Director. The Director or his/her designee shall review and approve for compliance with Section 131.2, entitled Certificate of Compliance, Section 131.4, entitled Standards, and Section 131.7, 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 information: 7 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 1. the name, address and telephone number of the applicant who is the owner/operator or other person who is the principal responsible person in charge of the newsrack(s); and 2. the name, address and telephone number of a natural person (if different from the applicant) whom the Town may notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving complaints and notices of violations when a Certificate of Compliance is issued and for providing information relating to the application during the application process; and 3. the number of newsracks and a written description specifying the proposed approximate location of each; and 4. a certificate of insurance naming the Town of North Andover as an additional insured in an amount sufficient to indemnify the Town and hold it harmless from any and all claims or judgements for personal and bodily injury, including death, or property damage and from costs and expenses to which the Town may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance. The amount of insurance coverage required shall be determined by the Town. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Town of North Andover public ways and any termination or lapse of such insurance shall be a violation of this Bylaw, subject to appropriate remedy under Section 131.8 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 within ten days of the Director's receipt of the completed application. Proposed locations shall be approved on a first come, first serve basis by the Director. No preference shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this Bylaw. h. Denial of Certificate of Compliance. If an application for a newsrack location is denied, the Director shall notify the applicant within ten days of the Director's receipt of the completed application. The Director shall state the specific reasons for denial. The applicant may reapply for a substitute alternative location without having to pay an additional application fee. An applicant who has been denied a Certificate of Compliance pursuant to this Bylaw may appeal within thirty (30) days of such denial by requesting in writing to the Director an appearance before the Director to review said denial. The appeal shall be heard by the Director within twenty (20) days of receipt of the appeal. The decision on the appeal shall be sent to the applicant within five (5) days after the hearing. i. The Director reserves the right to order by written notice to the Certificate Holder that newsracks be removed from an approved location, either temporarily or permanently, in the interests of public safety. 8 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 § 131.3 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 131.2 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. c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars per newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring compliance with this Bylaw. d. Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant to Section 131.4 below, additional fees shall be imposed by the Director on Certificate Holders to offset the Town's costs for each such corral or hitching post used by such Certificate Holder. e. Upon a showing of significant financial hardship, whereby the payment of the full Certificate of Compliance fee will impair the ability of the publisher to distribute a publication through newsracks to members of the public, the Director may reduce the fee due upon initial application or upon an annual renewal by an amount s/he determines, in her or his sole discretion, as appropriate. § 131.4 Standards. a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six (6") inches away from the wall. No newsrack(s) shall be affixed, erected, installed, placed, used or maintained: 1. at any location in excess of eight (8) feet in width (plus the width of a newsrack) whereby the clear space for the passage of pedestrians is reduced to less than eight (8) feet in width; or, if the sidewalk location is less than eight (8) feet in width (plus the width of a newsrack), then the clear space for the passage of pedestrians shall not be reduced to less than five (5) feet in width; however, a width of four (4) to five (5) feet may be approved by the Director if requested, only after the Director consults with the Pedestrian Committee and the Disabilities Commission as to whether the particular location at issue necessitates the 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 emergency facility, mail box, telephone booth or stand; and 4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway without a curb return, within five (5) feet of the point where the curb edgestone or edging begins a change in grade toward the driveway or ramp on each side thereof, 9 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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 installed by the Town. The Director may choose the locations for corrals and hitching posts based on the history of misaligned or knocked over newsracks at the location, the high volume of pedestrian traffic at the location, or the relatively high concentration of newsracks at the location. However, nothing in this paragraph shall be construed to limit the locations at which corrals and hitching posts may be required. § 131.5 Attachment to Property. a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by regulations promulgated by the Director, no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post, traffic signal or sign. b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than eight (8) feet along a curb, and a space of not less than five (5) feet shall separate each group of newsracks. § 131.6 Advertising Prohibited. It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing with the display, sale or purchase of the publications dispensed therein. § 131.7 Installation, Maintenance, and Delivery Time. Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by the Certificate Holder in accordance with the following provisions: a. Each newsrack shall prominently display the name, address and phone number of a person or entity responsible for that newsrack. b. Each newsrack shall be: 10 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 1. installed or placed on the pavement in an upright, sufficiently weighted and secure position; 2. of a type that is completely enclosed, with a self-closing door that is either self-latching or otherwise requires manual or mechanical release at each use; and 3. maintained in a state of good repair and in a neat and clean condition; and 4. maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish, or debris; and 5. handicapped accessible, as defined by the state Architectural Access Board .c. Each newsrack shall be regularly serviced so that: 1. it is kept reasonably free of graffiti; and 2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, and 3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof, and 4. the clear glass or plastic parts thereof, if any, through which the printed material is being dispensed are not broken and are kept reasonably free of tears, peeling or fading; and 5. the structural parts of the newsrack are not broken or unduly misshapen. d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the Director. The Director shall forthwith notify the Certificate Holder of the complaint. The Certificate Holder shall contact the complainant and attempt to resolve the complaint. If the complaint is not resolved to the complainant's satisfaction within ten (10) days, the complainant may request a meeting before the Director, or his/her designee, and the Certificate Holder. After such meeting, the Director shall have authority to impose a reasonable resolution to the complaint, including ordering the relocation of the newsrack/s causing the noise problem. § 131.8 Enforcement Procedures. a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw shall be subject to the enforcement provisions contained herein. b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this Bylaw does not contain the printed material being dispensed therein for a period of seventy-two (72) hours after the release of the current issue, the Director may deem the newsrack abandoned and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than fifteen (15) consecutive days. In the event that a Certificate Holder voluntarily abandons a newsrack location, the Certificate Holder shall so notify the Director, completely remove the newsrack and restore the public way to a safe condition. c. Enforcement. 1. Enforcement of the provisions of this Bylaw shall be carried out by the Director. Upon a determination 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. 11 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 2. The notice shall inform the Certificate Holder that at the expiration of ten (10) days from the receipt of the violation notice, the newsrack will be removed by the Director, unless the violation is corrected. 3. Upon removal of a newsrack, the Director shall send, by first-class mail, written notice of such removal to the Certificate Holder. 4. Notwithstanding the provisions of the foregoing paragraphs l(a) - l(c) of this section, the Director may order the immediate removal of any newsrack (s) that the Director determines presents an imminent threat or peril to public safety, provided that the Certificate Holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored a period of thirty (30) days in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a newsrack under this section (4) which does not have a Certificate of Compliance, the Director shall dispose of the newsrack at the end of the thirty (30) day period. § 131.9 Fees For Removal and Storage. a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at any time within thirty (30) days of its removal upon payment of a removal fee of twenty-five ($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a maximum combined removal and storage fee of one hundred ($100.00) dollars. b. After thirty (30) days, any newsracks removed by the Director pursuant to Section 13.8 of this Bylaw shall be deemed "abandoned property" and become the property of the Town of North Andover. c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30) day period shall not operate to dismiss any fees owned to the Town for removal and storage of such newsrack Unpaid fees accrued pursuant to this Section 13.9 shall be considered a debt payable to the Town. § 131.10 Regulations. The Director may, with the approval of the Town Manager, promulgate such rules and regulations consistent with the provisions of this Bylaw and the laws of the Commonwealth of Massachusetts as shall carry out the purposes of this Bylaw. § 131.11 Effect on Other Laws. Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations. § 131.12 Severability. The provisions of this Bylaw shall be severable and if any section, part, or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section, part or portion thereof. Petition of the Department of Public Works 12 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article T. Accept the Provisions of Massachusetts General Laws Chapter 44 Section 55C-Affordable Housing Trust. To see if the Town will accept the provisions of Massachusetts General Laws Chapter 44 Section 55C, Affordable Housing Trust; or to take any other action relative thereto. Chapter 44: Section 55C Municipal Affordable Housing Trust Fund Section 55C. (a) Notwithstanding section 53 or any other general or special law to the contrary, a city or town that accepts this section may establish a trust to be known as the Municipal Affordable Housing Trust Fund, in this section called the trust. The purpose of the trust is to provide for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households. For the purposes of this section, acceptance shall be in a town by vote of an annual town meeting, and in any other municipality in accordance with section 4 of chapter 4. (b) There shall be a board of trustees, in this section called the board, which shall include no less than 5 trustees, including the chief executive officer, as defined by section 7 of chapter 4, of the city or town. Trustees shall be appointed in a city by the mayor or by the city manager in a Plan D or Plan E municipality, subject in either case, to confirmation by the city council, and in a town by the board of selectmen, shall serve for a term not to exceed 2 years, and are designated as public agents for purposes of the constitution of the commonwealth. (c) The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in this act, may include, but not be limited to, the following:-- (1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by-law or any other ordinance or by-law; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; (5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; 13 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 (6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (7) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; (8) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; (9) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate; (10)to carry property for accounting purposes other than acquisition date values; (11) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral; (12)to make distributions or divisions of principal in kind; (13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate; (14) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining; (15) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (16)to extend the time for payment of any obligation to the trust. (d) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain trust property. 14 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 (e) The trust is a public employer and the members of the board are public employees for purposes of chapter 268A . (f) The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of chapter 268A. (g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. (h) The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices. (i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39. 0) The trust is a board of the city or town for purposes of chapter 30B and section 15A of Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter 3013; Or to take any other action relative thereto. Petition of the Director of Community Development Article U. Amend Zoning Bylaw Section 4.2 - Phased Development by Adding a New Section 1 -Intent and Purpose and a New Section 9 — Exemptions. To see if the Town will vote to amend Section 4.2 —Phased Development of the Town of North Andover Zoning Bylaw so as to create a new Section 1 —Intent and Purpose and a new Section 9 —Exemptions; or to take any other action relative thereto. Phased Development Bylaw as Amended to read as follows: 4.2 Phased Development Bylaw 1. INTENT AND PURPOSE This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws, Chapter 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; 15 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 b) to allow the Town time to update its Master Plan and Housing Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character and municipal services; c) to allow the Town time to study, plan for, and provide an additional source of water so as to protect the town's water supply for future growth; d) to relate the timing of residential development to the Town's ability to provide adequate public safety, schools, roads, municipal infrastructure, and human services at the level of quality which citizens expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2.; f) to allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. 1. Building permits for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of the provision shall not be granted at a rate greater than as permitted by the following: a) For lots covered by both Section 8.7 of the Zoning Bylaw and this Section 4.2, the eligibility for building permits shall be determined only by the provisions of Section 8.7. b) For lots not covered by Section 8.7, building permits may be granted per the schedule shown below. A year will run from the anniversary date as defined in paragraph 5 below, to the same date inn subsequent years. (1998/24) No. of Lots Min. Yrs of Max. Lots Development Developed/Yr 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3& of total 2. Lots can be sold any time for the construction of dwellings in the designated future years. However, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest date of which construction may be commenced in accordance with these provisions. 3. If there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivision held by common or related ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. 4. Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. 5. The anniversary date of each subdivision or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building 16 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 permit have been obtained (e.g. Planning Board endorsement of Definitive Plan, Board of Health approval, Conservation Commission approval, etc). 6. Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and contiguous Form A lots covered by this provision shall be limited to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw. Allowed building permits in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that this cap is not exceeded. 7. The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations should address the conditions and processes for authorizing building permits on an annual basis. 8. The invalidity of one or more provision or clauses of this section shall not invalidate or impair the section as a whole or any other part thereof. (1986/13) 9. The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of Town Meeting, before said date, the provisions of this Section 4.2 may be extended from an additional four (4) years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. At this time, the Town of North Andover is currently looking to implement the goals of the Town of North Andover Master Plan, dated May 2000; as well as to implement the goals of the Affordable Housing Plan, dated May 2004. The town is also in the process of drafting a Planned Production Strategy to submit to the Department of Housing and Community Development; as well as implementing the studies recommended in the DHCD approved Community Development Plan. In the event said action is taken by Town Meeting prior to July 1, 2009, these provisions shall be construed to have lapsed on such date. Petition of the Planning Board Article V. Amend Section 8.8.7—Adult Use Zone- Application Information of the Zoning Bylaw. To see if the Town will vote to amend section 8.8.7 of the Zoning Bylaw for the Town of North Andover as follows: Section 8.8.7 now reads: Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment; 17 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 f) The physical layout of the interior of the establishment. Amend by adding the following to Section e: 8.8.7 (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. The security plans and personnel referenced in items Section 8.8.7(e)(i)(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 include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment; these provisions must include and detail specifications for the following requirements: a. Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment; b. Security personnel paid for by the establishment owner to patrol the parking lot. The security plans and personnel referenced in items Section 8.8.7(e)(i)(ii) shall be approved by the North Andover Police Chief. Or to take any other action relative thereto. Petition of the Planning Board Article W. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities-Add New Section 13 — Municipal Exemption. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw by adding a new section 13-Municipal Exemption to read as follows: 13) Municipal Exemption. All Municipal Departments shall be exempt from the requirements of Section 8.9 Wireless Service Facilities and all other by-laws that restrict or control the modifying or erecting of 18 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 towers, antennas of the use of wireless or wired systems that would be used to enhance radio communications or access to other Town, Federal or State agencies and departments. Or to take any other action relative thereto. Petition of the North Andover Police Department Article X. Roadway Acceptances — Coachman's Lane (off Great Pond Road, Concord Street (off Osgood Street) Easy Street (off Abbott Street)Hi2hland View Avenue (Chadwick St to Furber Ave),Mornin2side Lane (off Winter Street) Russett Lane (off Dale Street). To see if the Town will vote to accept the following roadways as public ways; or to take any other action related thereto. Coachman's Lane A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Coachman's Lane, scale 1"=50', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Concord Street A way known as Concord Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Concord Street, scale 1"=40', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Easy Street A way known as Easy Street as shown on a Plan of Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA; prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA , scale 1"=40', dated January 23, 1981, revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 8690. Highland View Avenue A way known as Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Highland View Avenue, scale 1"=40', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Morningside Lane 19 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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 F=60', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. 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 F=60', dated 9/1/03; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Petition of the Department of Public Works Article Y. 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 located in North Andover; prepared for Adams Avenue, scale F=60', dated 8/16/04 ; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Autran Avenue A way known as Autran Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Autran Avenue , scale F=40', dated 1/7/05; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Bunker Hill Street A way known as Bunker Hill Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Bunker Hill Street, scale 1"=40', dated 2/13/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. 20 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Douglas Road A way known as Douglas Road as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Douglas Road, scale 1"=40', dated 2/13/04; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW. Glenwood Street A way known as Glenwood Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Glenwood Street, scale 1"=40', dated 10/15/04 ; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW. Martin Avenue A way known as Martin Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Martin Avenue, scale 1"=40', dated 8/16/04; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW. Summit Street A way known as Summit Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Summit Street, scale 1"=40', dated 1/7/05; prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover DPW. Petition of the Department of Public Works Article Z. Third Telecommunications Antenna at Stevens Estate at Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to enter into a lease and grant an easement on the Stevens Estate, on terms and conditions the Board of Selectmen deem in the best interest of the Town of North Andover, for a third telecommunications carrier on the tower at the Stevens Estate; or to take any other action relative thereto. Board of Selectmen Article AA. Amend Chapter 178 of the General Bylaws- Section 3 - Wetlands Protection- Exemptions. To see if the Town will vote to amend Chapter 178 Section 3 Wetlands Protection-Exemptions by adding a new subsection 5 —"Projects where the applicant is the Town of North Andover"; or to take any other action relative thereto. Chapter 178 Section 3 as amended to read as follows: 21 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 178.3. Exemptions: This Bylaw shall not apply to the following activities: 1. Emergency projects as defined in the Commission's regulations (Section II); or 2. Maintenance, repair or replacement, without substantial change or enlargement, of existing and lawfully located structures or facilities used in the service of the public and used-to provide electric, gas, water, telephone, or other telecommunication services to the public; or 3. Normal maintenance of land in agricultural use, as defined in the Commission's regulations (Section II); or 4. Maintenance and repair of existing public ways; or 5. Projects where the applicant is the Town of North Andover. Article BB. Chapter 17 of the General Bylaws (Code) - New Section 10-Duties of Tax Collector. To see if the Town will vote to amend the General Bylaws Chapter 17—Finance by adding a new Section-Section 10- Duties of Tax Collector to read as follows: Chapter 17—Finance § 17.10 - 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, Section 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 investments 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, document 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 Article CC. Amend General Bylaws-Chapter 101-1 Fees Enumerated-Section B— Sealer 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: 22 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 "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 Chapter98, 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. Milk 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. Board of Selectmen 23 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article DD. Amend Zoning Bylaw - Amend Zoning Bylaw 6.6.B.2 —Add New Section 6.6.B.2.Amend Zoning Bylaw Section 6.6.G.1 and Add New Section 6.6.G.1. To see if the Town will vote to amend Sections 6.6.B.2 and 6.6.G.1 of the Town of North Andover Zoning Bylaw. Section 6.6.B.2 now reads as follows : "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 is proposed to be amended as follows: "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 located 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 temporary real estate signs may be as large as twenty-five square feet." Section 6.6.G.1. is proposed to read as follows: "Signs as permitted in residence districts, except that temporary 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 located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease." Petition of Mark H. Rees and others Articles EE. Rezone Police Station Area. To see if the Town will vote to rezone the following parcels of land from Residential 4 to General Business as shown on the Town of North Andover Assessor's Maps as follows: Map/Parcel 71, 44; 71, 43; 71, 39; 71, 28; 71, 45; 71,46; 71,47; 71,48; 71,50; Map 85, Parcel 13. Petition of the Board of Selectmen 24 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article FF. 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 following described parcels of land as shown on the Town of North Andover Assessors Maps as: Map 98D Parcel 49, Map 98D, Parcel 6, Map 98D Parcel 7 from Business 1 to General Business; Map 25, Parcel 8, Map 25, Parcel 7, Map 25 Parcel 6, Map 25, Parcel 5, Map 25, Parcel 43, from Residential 6 to General Business; Map 25, Parcel 44, Map 25 Parcel 50 and Map 25, Parcel 53 from Village Commercial to General Business; Map 98D Parcel 31 from Residential 3 to General Business; Map 98D Parcel 38 Map 98D Parcel 57, Map 98D Parcel 56; Map 98D, Parcel 40; from Village Commercial to General Business; Map 98D Parcel 21, Map 98D, Parcel 20 from Industrial 1 to General Business; Map 98 C Parcel 61, Map 25, Parcel 2, and Map 98D Parcel 37 from Residential 3 to General Business; or to take other action relative thereto. A more general description would be to rezone the parcels with land fronting Turnpike Street from the intersection of Hillside Road and Turnpike Street from 591 Turnpike Street to 651 Turnpike Street; and to rezone the parcels with land fronting Turnpike Street from 570 Turnpike Street to 740 Turnpike Street, excluding Map 98C, Parcel 27 also known as 182 Hillside Road. Petition of the Board of Selectmen Article GG. 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 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 Article HH. 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 Andover, 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. 25 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Petition of Lianne Cristaldi and others Article IL 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 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 Article JJ. 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 Andover, 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 Article KK. 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 Paln entitled, "Street Layout Plan of willow Street (South) extension and Bayfield 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 with the Town of North Andover Department of Public Works. Petition of Frank E. Elander and others Article LL. 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 Article MM. Amend Zoning May — 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). 26 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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 Block 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 considerations 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 economic 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 Massachusetts 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 Article NN. Amend Zoning Map 1503 Osgood Street — Assessors May 34 Parcel 7 From Industrial 1 (I1) to Business 2 (B2). 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 at the easterly side of Osgood Street at the intersection of Orchard Hill Road, and shown on the town of North Andover Assessors Map 34, Parcel 7, from Industrial 1 (I-1) to Business 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 50-8.76' a distance of 39.98' to a point of tangency, Thence; N 13'37'13" W along Osgood Street a distance of 322.95' to the Point of Beginning. 27 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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. Article 00. 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 District) 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 Article PP. Emergency Preparedness Memorandum of Understanding. To see if the Town will authorize the Board of Health to enter into a Memorandum of Understanding 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 other action related thereto. Petition of Thomas A Trowbridge and others Article QQ. 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 Legislature to Amend Chapter 2 of the Charter for the Town of North Andover by adding the following section as described below, beginning with Section 10 Citizen 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 appear on the ballot substantially the same as outlined in MGL, Chapter 4313: Section 11. Section 10 Citizen Participation Mechanisms 2-10-1 Right of Initiative Petition; Initiative Procedures. 28 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Registered voters of the town may, by initiative petition propose to any annual or special town meeting the passage of a measure and, if such measure not be passed by said town meeting, may cause such measure to be submitted to the voters of the town for their approval thereof as hereinafter provided. However, no measure shall be proposed by initiative petition hereunder which: (1) makes a specific appropriation of money from the treasury of the town other than an appropriation to pay for the costs of a study, (2) amends the zoning map or zoning by-laws of the town, (3) increases taxes or fees, or (4) 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 deadline for warrant articles. Upon certification of signatures, Town Clerk shall forward the initiative petition to Town Counsel. If Town Counsel certifies that the measure proposed by the initiative petition does not conflict with the constitution or laws of the Commonwealth, and that it includes only subjects not excluded from the initiative by this section, the initiative petition shall then be filed by him with the Board of Selectmen, who shall cause the measure proposed therein to be included in the warrant for the annual or special town meeting as an initiative article, so designated; provided, however, that if the Town Counsel shall fail, within ten days following his receipt of an initiative petition, to notify the Board of Selectmen in writing of his reasons for not certifying the petition, that petition shall 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 passage of the motion presented under an initiative article, but if at least one-fifth of the total number of town meeting voters voting upon the motion shall have voted in the affirmative, the original petitioners of the initiative article may complete their petition by filing with the Board of Selectmen an additional number of signatures of registered voters of the town which, when combined with the signatures of the original petitioners, will equal in number not less than fifteen percent of the total number of persons registered to vote in the town. Each additional signatory voter shall sign his or her name, and record his or her address upon the petition as they 29 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 appear on the list of registered voters, and all such additional signatures shall be gathered not earlier than the day after which the town meeting dissolved, and shall be filed with the Board of Selectmen as set forth above not later than sixty days, exclusive of Sundays and legal holidays, following the dissolution. The Board of Selectmen 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 separate motion as an alternative to the initiative article motion, such other motion to be designated an alternative motion by Town Counsel, the original petitioners of the initiative article may in like manner complete their initiative petition by filing with the Board of Selectmen an additional number of signatures, all as provided in the next paragraph. Within ten days after the filing of the completed initiative petition, and the Board of Registrars having 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 exclusionary period for other reasons, then the exclusionary period will not apply and the special election for the initiative petition measure will be held on the same date as the other scheduled special election. Both the initiative petition measure and any alternative measure shall appear upon the ballot to be voted upon by the voters, and shall be stated in the same language and form used in the motions acted upon by 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 Attorney General, it shall take effect subject to Section 32 of Chapter 40 of the General Laws; provided, however, that any measure the passage of which shall by law require a two- thirds affirmative vote in a town meeting shall, if proposed by an initiative petition, or if it be an alternate measure adopted by the town meeting, shall require the affirmative vote of two-thirds of the voters voting at the special election called under this section. Any measure proposed by initiative petition, or adopted by affirmative vote of the town meeting, and approved by the voters of the town under this section shall, after a period of 12 months, be subject to amendment, revision or repeal by town meeting, providing that such action does not conflict with the constitution or laws of the Commonwealth. No provision in this section shall negate or in any way limit the right of ten or more registered voters to have an article inserted in the annual town meeting warrant at their written request, or the right of one hundred registered voters of the town to have an article inserted in a special town meeting warrant at their written request, all as provided for in Chapter 39, Section 10, of the General Laws. 30 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 No provision in this section shall negate in any way the Massachusetts General Laws, North Andover Charter and North Andover Bylaws governing the conduct and other requirements of special and annual town meetings. 2-10-2 Right of Referendum; Referendum Procedures A vote passed at any town meeting authorizing the expenditure of fifty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office 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 petition, 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 asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special election for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at seven o'clock in the morning and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot:--""Shall the town vote to approve the action of 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 effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four. Petition of Alber S. Movsesian and others Article RR. Amend General Bylaws-Televising of Land Use Board Meetings. To see if the Town will vote to amend to General Bylaws to insert the following bylaw: 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 unless emergency conditions suspends the requirements hereof. All meetings shall occur in Town Hall second floor meeting room. All 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 day. The meetings shall be recorded, retained in good 31 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 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 Article SS. 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 Article TT. 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 Funds(s).;or to take any other action relative thereto. Petition of Paul P. Stewart and others c. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; J The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease." Petition of Mark H. Rees and others Article UU. Amend Chapter 88 — Dogs -General Bylaws-Add New Section-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 boundary, 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 32 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article VV. 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 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 Beatrice Fink and others Article WW. Amend Zoning Bylaw — Section 8.5.6G — Calculation of Allowable Residential — PRD. To see if the Town will vote to amend Section 8.5.6.G of the Town of North Andover Zoning Bylaw so as to state the following: 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 result 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; or to take any other action relative thereto. Petition of John Simons and others Article XX. Amend Zoning May — 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 (I2)to Business (2). 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 33 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 Article YY. Timber Lane— Transfer to BOS. To see if the Town will vote to authorize the transfer of the care, custody and control of the following 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 payment: Beginning at a point on the northerly sideline of Timber Lane being 12.82" from the lot corner 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°39'10"West a distance of 155.39 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 ventral angle of 162°32'30" a radius of 60.00feet and a distance along the curve of 170.21 feet to a point; Thence turning and running South 29°20'550" West a distance of 10.00 feet to the point of beginning 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 Article ZZ. 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 property 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 discontinued 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 34 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 35 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005 And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Given under our hands this Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. NORTH ANDOVER BOARD OF SELECTMEN Rosemary Connelly Smedile Chairman Mark J.T. Caggiano Donald B. Stewart Wendy D. Wakeman James M. Xenakis NORTH ANDOVER, MASSACHUSETTS Joyce A. Bradshaw, Town Clerk Attest: A True Copy: 36 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-21-2005