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Town of North Andover
Annual Town Meeting Warrant
May 9, 2005
COMMONWEALTH OF MASSACHUSETTS ESSEX,SS.
To either of the Constables of the Town of North Andover:
GREETINGS:
In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39
of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the
Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North
Andover who are qualified to vote in Town affairs to meet at the North Andover High School on
Monday May 9, 2005, at 7:00 PM then and there to act upon the following articles:
Article 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 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 reports 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
Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts
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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.
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.
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.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen: Favorable Action
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 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.
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
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.
Recommendations:
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Board of Selectmen: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
Petition of the Board of Selectmen
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 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 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: To Be Made At Town Meeting
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
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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: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
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 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: To Be Made At Town Meeting
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:
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Board of Selectmen: To Be Made At Town Meeting
Finance Committee: Favorable Action
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
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 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.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Finance Committee: Favorable Action
Article 14. 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;or to take any other action
relative thereto.
REVOLVING ACCOUNTS
To see if the Town will vote to authorize the following revolving funds for certain Town
departments
under Massachusetts General Law, Chapter 44, Section 53E1/2 for the fiscal year beginning
July 1, 2005 to take any other action related thereto:
A revolving account allows fees and donations to be used for related expenses without a
specific
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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.
Authorized to Revenue
A/C# Revolving Fund Spend Use of Funds Source FY 2005 Limit
Participants fees,
Grants,
All programs and Donations, and
Youth Services activities, expense, art related
ense
022-5423- p p Fundraising
A 3437 Revolving Division Head time help proceeds $ 250,000
Field rental fees,
Grants,
Director- Field maintenance, Donations, and
Field Division of upgrade and related related
022925- pg Fundraising
B 3077 Maintenance Public Works expenses roceeds $ 20,000
Participants fees,
Grants,
Donations, and
Division of Elder Senior programs, classes related
022-5590- p g Fundraising
C 3564 Service Division Head and activities proceeds $ 50,000
Clinic participant
fees, Grants,
Donations, and
Health Dept clinic supplies and other related
022-5102- p pp Fundraising
D 3424 Revolving Division Head related materials roceeds $ 20,000
Wheelabrator Wheelabrator
022-4306- Host Service
E 3008 Planning Division Head Air quality monitoring Agreement $ 25,000
Wheelabrator
Trash Truck To enforce Trash Truck Wheelabrator
022307- Host Service
F 3083 Enforcement Division Head regulations Agreement $ 20,000
Protection of health, Wheelabrator
022-4308- Wheelabrator- safety and monitoring the Host Service
G 3649 Health Division Head air quality Agreement $ 40,000
Health Dept- Food Consultant fees and
022-4309- Food expenses related to
H 3084 Inspections Division Head program Inspection fees $ 10,000
Health Dept- Septic Consultant fees
022-4310- Septic and expenses related to
1 3085 Inspections Division Head program Inspection fees $ 40,000
Revolving Accounts (MGL CH. 44, 53 1/2)
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Balance FY04 Balance Receipts to Expenditures Balanc
7/1/03 Receipts Expenditures 6/30/04 1/31/05 to 1/31/05 113110f
022-5423 Youth Service $ 208,243 $ 234,842 (207,584) $ 235,501 $ 77,616 $ (142,470) $ 170,6,
Field
022-4925 Maintenance $ - $ - $ $ - $ 700 $ - $ 7(
022-5590 Elder Service $ 3,792 $ 17,516 3,518 $ 17,790 $ 8,319 $ 5,708 $ 20,4(
022-5102 Health Dept $ 11,332 $ 11,910 10,567 $ 12,674 $ 9,051 $ 6,405 $ 15,3:
Wheelabrator $
022-4306 Planning $ 77,947 $ 25,000 7,613 $ 95,334 $ - $ 15,576 $ 79,71.
Wheelabrator $
022-4307 Public Safety $ 47,661 $ 40,550 (42,869) $ 45,342 $ 25,956 $ (4,370) $ 66,9:
Wheelabrator $
022-4308 Health $ 93,365 $ 15,000 (70,819) $ 37,545 $ 15,000 $ - $ 52,5,
Health Dept
Food $
022-4309 Inspections $ 23,804 $ 17,000 16,064 $ 24,740 $ 14,720 $ 6,120 $ 33,3,
Health Dept
Septic $
022-4310 Inspections $ 22,739 $ 35,585 39,314 $ 19,010 $ 23,258 $ 16,482 $ 25,7E
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
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 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.
2006 List of Proposed Community Preservation Committee Appropriations
List of 2006 Community Preservation Appropriations
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DESCRIPTION AMOUNT CATEGORY
Affordable Housing Master Plan— $40,000 Affordable Housing
"Planned Production Plan"
First Time Homebuyer's Program $225,000 Affordable Housing
Stevens Estate—Rehabilitation of Gate $96,500 Historic Resources
House
Stevens Estate—Rehabilitation of Plant $70,000 Historic Resources
House
Machine Shop Village—Phase 1 $250,000 Historic Resources
Administration $5,000 Administrative Expenses
Subtotal—New Appropriations $686,500 Historic Resources
Half Mile Hill—Principal and Interest $682,400 Open Space
(2006)
Half Mile Hill Summit—Principal and $900,000 Open Space
Interest(2006)
Total 2006 Appropriations $2,268,900
Half Mile Hill Summit—Principal $490,688 Open Space
/Interest(2005)
Half Mile Hill—Principal and Interest $760,566 Open Space
(2005)
Carter Hill—Principal and Interest $515,383 Open Space
(2005)
GRAND TOTAL: $4,035,537
Petition of the Community Preservation Committee
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
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 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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Article 17. 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 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 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.
Petition of the Town Manager
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
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
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 Bylaw and for compliance with all provisions contained
herein.
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e. "Operator" shall mean any natural person or other legal entity including, but not limited to,
corporations, 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.
§ 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 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 136-2, entitled
Certificate of Compliance, 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 information:
1. the name, address and telephone number of the applicant who is the owner/operator or
other person who is the principal responsible person in charge of the newsrack(s); and
2. the name, address and telephone number of a natural person (if different from the
applicant) whom the Town may notify and/or contact at any time concerning the applicant's
newsracks. This person would be responsible for receiving complaints and notices of violations
when a Certificate of Compliance is issued and for providing information relating to the
application during the application process; and
3. the number of newsracks and a written description specifying the proposed approximate
location of each; and
4. a certificate of insurance naming the Town of North Andover as an additional insured in
an amount sufficient to indemnify the Town and hold it harmless from any and all claims or
judgements for personal and bodily injury, including death, or property damage and from costs
and expenses to which the Town may be subjected or which it may suffer or incur by reason of
the design, placement, installation, operation or maintenance of any of the applicant's newsracks.
Reasonable evidence of self-insurance coverage may be substituted by the applicant for the
certificate of insurance. The amount of insurance coverage required shall be determined by the
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 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.
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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.
§ 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.
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 136-4 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.
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§ 136-4 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,
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.
§ 136-5 Attachment to Property.
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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.
§ 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.
Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by
the Certificate Holder in accordance with the following provisions:
a. Each newsrack shall prominently display the name, address and phone number of a person or
entity responsible for that newsrack.
b. Each newsrack shall be:
1. installed or placed on the pavement in an upright, sufficiently weighted and secure
position;
2. of a type that is completely enclosed, with a self-closing door that is either self-latching or
otherwise requires manual or mechanical release at each use; and
3. maintained in a state of good repair and in a neat and clean condition; and
4. maintained in a condition that is free of accumulations of outdated printed materials, trash,
rubbish, or debris; and
5. handicapped accessible, as defined by the state Architectural Access Board.
c. Each newsrack shall be regularly serviced so that:
1. it is kept reasonably free of graffiti; and
2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof, and
3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof,
and
4. the clear glass or plastic parts thereof, if any, through which the printed material is being
dispensed are not broken and are kept reasonably free of tears, peeling or fading; and
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
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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.
§ 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
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.
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 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 Certificate 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 storage fee of one hundred ($100.00) dollars.
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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
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 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
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.
§ 136-11 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.
§ 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.
Petition of the Department of Public Works
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
Article 19. Amend General Bylaws (Code) Add New Chapter 54 - Tax 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, 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
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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
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
Article 20. Amend General Bylaws-Chapter 101-1 Fees Enumerated - Section B —
Sealin2 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.
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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.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
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 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 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
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
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Article 22. 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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
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 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:--
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(1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer
from any person, firm, corporation or other public or private entity, including without limitation
grants of funds or other property tendered to the trust in connection with provisions of any
zoning ordinance or by-law or any other ordinance or by-law;
(2) to purchase and retain real or personal property, including without restriction investments
that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public
auction or by private contract for such consideration and on such terms as to credit or otherwise,
and to make such contracts and enter into such undertaking relative to trust property as the board
deems advisable notwithstanding the length of any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases,
covenants, contracts, promissory notes, releases and other instruments sealed or unsealed,
necessary, proper or incident to any transaction in which the board engages for the
accomplishment of the purposes of the trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board
deems necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion
such compensation between income and principal as the board deems advisable;
(7) to apportion receipts and charges between incomes and principal as the board deems
advisable, to amortize premiums and establish sinking funds for such purpose, and to create
reserves for depreciation depletion or otherwise;
(8) to participate in any reorganization, recapitalization, merger or similar transactions; and to
give proxies or powers of attorney with or without power of substitution to vote any securities or
certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of
property, by or between any corporation and any other corporation or person;
(9) to deposit any security with any protective reorganization committee, and to delegate to
such committee such powers and authority with relation thereto as the board may deem proper
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;
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(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or
against the trust, including claims for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to
continue to hold the same for such period of time as the board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board
determined not to be worth retaining;
(15) to hold all or part of the trust property uninvested for such purposes and for such time as
the board may deem appropriate; and
(16)to extend the time for payment of any obligation to the trust.
(d) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in
accordance with any zoning ordinance or by-law, exaction fee, or private contributions shall be
paid directly into the trust and need not be appropriated or accepted and approved into the trust.
General revenues appropriated into the trust become trust property and to be expended these
funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal
year, whether or not expended by the board within 1 year of the date they were appropriated into
the trust, remain trust property.
(e) The trust is a public employer and the members of the board are public employees for
purposes of chapter 268A .
(f) The trust shall be deemed a municipal agency and the trustees special municipal employees,
for purposes of chapter 268A.
(g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning
payment of taxes based upon or measured by property or income imposed by the commonwealth
or any political subdivision thereof.
(h) The books and records of the trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices.
(i) The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39.
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 30B;
Or to take any other action relative thereto.
Petition of the Board of Selectmen
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Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: To Be Made At Town Meeting
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 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.
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
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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
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
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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.
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
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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 Albert S. Movsesian and others
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Unfavorable Action
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 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
Explanation: Chapter 8 Section 1 of the Charter for the Town of North Andover now
reads:
8-1-1 The regular election for all town offices shall be by official ballot held on the last
Tuesday in March of each year.
Recommendations:
Board of Selectmen: Unfavorable Action
Finance Committee: Favorable Action
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
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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 27. 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
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
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 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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
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Finance Committee: Favorable Action
Article 29. 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), Morningside Lane (off Winter Street), and Russett Lane (off
Dale Street).
To see if the Town will vote to accept the following roadways as public ways; or to take
any other action related thereto.
Coachman's Lane
A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street
Acceptance Plan located in North Andover; prepared for Coachman's Lane, scale 1"=50', dated
9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file 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 located 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.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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
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 located in North Andover; prepared for Adams Avenue, scale 1"=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 located in North Andover; prepared for Autran Avenue, scale 1"=40', dated 1/7/05;
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 located in North Andover; prepared for Douglas Road, scale 1"=40', dated 2/13/04;
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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 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 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 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 in the Office of the
Town Clerk.
Petition of the Department of Public Works
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
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 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: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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 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
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).
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
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: To Be Made At Town Meeting
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 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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
Finance Committee: To Be Made At Town Meeting
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 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
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 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 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 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:
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
Turning and running North 60°39'10" West a distance of 15 5.3 9 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 radius 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 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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
Articles 38. Amend Zoning Map - Rezone Police Station Area. 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 rezone the below parcels of land from their current zoning to
General Business.
Residential 4 to General Business:
1) From 522 Main Street to 566 Main Street [North Andover Police Department]
totaling five parcels of land [Assessor's Map 71, Parcel 44; Assessor's Map 71,
Parcel 39; Assessor's Map 71, Parcel 28; Assessor's Map 71, Parcel 45; Assessor's
Map 58B, Parcel 37] of approximately 105,734 square feet.
2) From 39-41 Park Street to 75 Park Street [the Greenery] totaling seven parcels of
land [Assessor's Map 71, Parcel 43; Assessor's Map 71, Parcel 47, Assessor's Map
71, Parcel 48; Assessor's Map 71, Parcel 50 and Assessor's Map 85, Parcel 13] of
approximately 191,625 square feet.
These eleven (11) parcels of land are shown on the Town of North Andover Assessor's
Maps as follows: Assessor's Map, Parcel 71, Assessor's Map 44; Assessor's Map 71, Parcel
43; Assessor's Map 71, Parcel 39; Assessor's Map 71, Parcel 28; Assessor's Map 71, Parcel
45; Assessor's Map 71, Parcel 46; Assessor's Map 71, Parcel 47; Assessor's Map 71, Parcel
48; Assessor's Map 71,Parcel 50; Assessor's Map 58B, Parcel 37; Assessor's Map 85, Parcel
13 totaling approximately 297,359 square feet.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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33
2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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Petition of the Board of Selectmen
Recommendations:
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
Board of Selectmen: Unfavorable Action
Finance Committee: To Be Made At Town Meeting
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 rezone the below parcels of land from their current zoning to General Business:
(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 thirteen 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, 6;
Map 98D, 7; Map 98D, 20, Map 98D, 21].
These twenty-one parcels of land are shown on the Town of North Andover Assessors Map as
the following map and parcels with corresponding current zoning classifications:
Assessor's Map 98D Parcel 49, Assessor's Map 98D, Parcel 6, Assessor's Map 98D Parcel 7
from Business 1 to General Business;
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 General
Business;
Assessor's Map 25, Parcel 44, Assessor's Map 25 Parcel 50 and Assessor's Map 25, Parcel 53
from Village Commercial to General Business;
Assessor's Map 98D Parcel 31 from Residential 3 to General Business;
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 General Business;
Assessor's Map 98D Parcel 21, Assessor's Map 98D, Parcel 20 from Industrial I to General
Business;
Assessor's Map 98 C Parcel 61, Assessor's Map 25, Parcel 2, and Assessor's Map 98D Parcel 37
from Residential 3 to General Business; or to take other action relative thereto.
35
2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
36
2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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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 40. 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).
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.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Finance Committee:
Article 41. Amend Zoning May 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.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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.
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
Article 42. 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 (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
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 — Expiration, or to take any
other action relative thereto:
4.2 Phased Development By-law
1. Intent and Purpose.
The purpose of this section is to ensure that development occurs in North Andover in a
strategic, orderly and planned manner that allows for the preparation and maintenance of
high quality municipal services for an ever-expanding residential population, while at the
same time allowing reasonable residential development during such preparation that does not
infringe on the quality of life or municipal services provided for the residents of the Town of
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
North Andover, in order to provide for high quality and reliable municipal services such as,
but not limited to, fire and police protection, educational facilities and programs and
available clean water resources. This section establishes a strategic development rate
consistent with recent historical average development rates for residential development in
order to ensure that development occurs in an orderly and planned manner as it relates to the
Town's ability to provide high quality and effective services for its citizens and protect its
resources necessary for sustaining the present and future quality of life enjoyed by its
citizens.
2. Definitions.
For the purposes of this Bylaw, the following terms shall have the following meaning:
(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
substantial 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
building permit issuance per development.
3. Regulations.
(a) Beginning on the effective date of this section, no building permit for a new residential
dwelling unit or units shall be issued unless in accordance with the regulations of this
section, or unless specifically exempted in Section 6 below, or by the provision of MGL,
s. 40A, c. 6.
(b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions
not requiring approval, contiguous Form A lots held in common or related ownership on
the effective date of this by-law, site plan review applications, and special permits, which
would result in the creation of a new dwelling unit or units. Dwelling units shall be
considered as part of a single development for purposes of development scheduling if
located either on a single parcel or contiguous parcels of land that have been in the same
ownership at any time on or subsequent to the date of adoption of this section.
(c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is
authorized to approve a Phased Development Schedule for that lot/unit in accordance
with Section 4a.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
(d) The request for authorization of a Phased Development Schedule shall be made on forms
provided by the Planning Board. Requests will include any and all information necessary
to demonstrate eligibility and compliance with these regulations.
(e) No building permits for new dwelling units shall be issued until the Phased Development
Schedule has been recorded in the Essex County Registry of Deeds and a certified copy
of the Phased Development Schedule has been filed with both the Planning and Building
Departments.
(f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased
Development Schedule and state the earliest date on which construction may be
commenced in accordance with the provision of this bylaw.
(g) If a proposed subdivision includes any lots that are within 500 feet of lots in another
subdivision held in common or affiliated ownership, then both subdivisions shall be
construed to be a single subdivision for the purposes of this Bylaw.
(h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by
the Planning Board or an authorized agent. Subsequent changes in the shape or
ownership of lots shall not render the provisions of this Bylaw void.
(i) Building permits shall be issued in accordance with the Phased Development Schedule.
However, the Planning Board may, without a public hearing and upon written request
from the applicant, permit up to twice the allowed annual maximum permitted for that
project under the provisions of this Bylaw, provided that building permits issued in
succeeding years shall be limited to less than the permitted maximum, if necessary, to
insure that the overall number of allowed permits is not exceeded.
(j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for
administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and
publish reasonable regulations for carrying out its duties under this section. In particular,
these regulations shall address the conditions and processes for authorizing building
permits on an annual basis.
4. Phased Development Schedule
(a) Building permits for new dwelling units shall be authorized in accordance with the
following Phased Development Schedule:
Maximum Units for
Number of Units in Minimum Years which Building Records
Subdivision Development for Development May be Issued Per Year
1-6 1 All
7-20 2 50% of total
21-34 3 33% of total
35-50 4 25% of total
51-75 5 20% of total
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
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 supersede the first Phased Development Schedule at the time a building
permit is issued based on the second plan for any lot lying wholly or partially within the
parcel subject to the new development schedule.
(d) The Planning Board, in approving the second plan, shall determine the number of
authorizations from the first plan that would be abated based on the second plan's
approval. This number shall be used by the Building Inspector in revising the
authorization schedules due to abatements.
5. Requirements.
(a) All definitive subdivisions, Form A approvals, special permits, and site plan review
applications shall include a proposed Phased Development Schedule by the applicant.
(b) Phased Development Schedules.
i. Phased Development Schedules shall be determined by the Planning Board at the
time of approval of any such application. Such schedules shall be included as a
condition of approval of the application.
ii. The Building Inspector shall be authorized to issue revised Phased Development
Schedules based solely on approvals granted by the Planning Board.
iii. All Phased Development Schedules with approved authorization shall be recorded
with the application approval decision with the Town Clerk. No building permits
shall be issued 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
residential unit is created.
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2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-APRIL 1,2005
b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals,
and development schedules made and approved prior to the date of adoption of this by-
law shall be exempt from the provisions of this by-law. The Planning Board shall have
sole and exclusive authority to render all decisions on exemption requests.
c) Dwelling units for low and/or moderate income families or individuals, where all of the
following conditions are met:
i. Occupancy of the units is restricted to households qualifying under Local Initiative
Programs and the New England Fund as administered by the Massachusetts
Department of Housing and Community Development.
ii. The affordable units are subject to a properly executed and recorded 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
persons 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
feasible 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 Restriction, and dedication to the Town, or other similar
mechanism approved by the Planning Board that will ensure its protection.
f) Any tract of land existing and not held by a Developer in common ownership with an
adjacent parcel on the effective date of this Section shall receive a one-time exemption
from the Development Scheduling provisions for the purpose of constructing one single
family dwelling unit on the parcel.
7. Zoning Change Protection
Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to
the earliest date on which the final unit in the development could be authorized under this
bylaw.
8. Severability
The provisions of this by-law are hereby declared severable and if any provision shall be held
invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality
of any of the remaining.
9. Expiration
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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. 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.
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;
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
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1-6 1 All
7-20 2 50% of total
21-34 3 33% of total
35-50 4 25% of total
51-75 5 20% of total
76-125 6 16.7% of total
126+ 7 14.3& of total
2. Lots can be sold any time for the construction of dwellings in the designated future years.
However, any lots covered by this provision hereafter sold or otherwise transferred to
another owner, shall include in the deed, the earliest date of which construction may be
commenced in accordance with these provisions.
3. If there is a proposed subdivision with any lots that are within 500 feet of lots in another
subdivision held by common or related ownership, then both subdivisions shall be construed
to be a single subdivision for the purposes of this Bylaw.
4. Lot lines for Form A lots shall be defined when the Form A lots have been approved by the
Planning Board. Subsequent changes in the shape or ownership of lots shall not render the
provisions of this Bylaw void.
5. The anniversary date of each subdivision or contiguous Form A lots under this provision
shall be no earlier than the date on which all required approvals required for a building
permit have been obtained (e.g. Planning Board endorsement of Definitive Plan, Board of
Health approval, Conservation Commission approval, etc).
6. Notwithstanding any prior statements to the contrary, the maximum number of building
permits to be issued and outstanding at any time for lots in each subdivision and contiguous
Form A lots covered by this provision shall be limited to twice the allowed annual
maximum permitted for that project under the provisions of this Bylaw. Allowed building
permits in succeeding years shall be limited to less than the permitted maximum, if
necessary, to insure that this cap is not exceeded.
7. The Planning Board, in conjunction with the Building Inspector, shall be responsible for
administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and
publish reasonable regulations for carrying out its duties under this section. In particular,
these regulations should address the conditions and processes for authorizing building
permits on an annual basis.
8. The invalidity of one or more provision or clauses of this section shall not invalidate or
impair the section as a whole or any other part thereof.
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
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Article 44. 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:
Application information: The application for a special permit for an adult use establishment must
include the following information:
a) Name and address of the legal owner of the establishment, and of the legal owner of the
property;
b) Name and address of all persons having lawful equity or security interests in the
establishment;
c) Name and address of the manager;
d) Number of employees;
e) Proposed provisions for security within and without the establishment;
f) The physical layout of the interior of the establishment.
Amend by adding the following to Section e:
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.
(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
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:
(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.
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(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
Recommendations:
Board of Selectmen: To Be Made At Town Meeting
Finance Committee: To Be Made At Town Meeting
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
Article 46. Amend Zoning Bylaw — Sign Bylaw. 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; 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.
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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 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. as amended to read: 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
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: To Be Made At Town Meeting
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 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.
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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
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 Bylaw 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 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.
Petition of John Simons and others
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: To Be Made At Town Meeting
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And you are directed to serve this Warrant by posting true and attested copies thereof at the
Town Office Building and one public place in each voting precinct in the Town, said copies to be
posted not less than seven (7) days before the time of said meeting. Given under our hands this
DATE NEEDED WHEN SIGNED
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
Thomas Licciardello
Donald B. Stewart
James M. Xenakis
NORTH ANDOVER, MASSACHUSETTS
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy:
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