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HomeMy WebLinkAbout2005WarrantMarch14redline Of NORTH Hti O Town of North Andover Annual Town Meeting Warrant May 9,2005 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts,and in compliance with Chapter 39 of the General Laws,as amended,and our North Andover Town Bylaws and requirements of the Town Charter,you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School on Monday May 9,2005,at 7:00 PM then and there to act upon the following articles: Article A. Reports of Receipts, Expenditures and Special Committees. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2004 Annual Town Report and to hear the reports of any special appointed committees. Board of Selectmen Article B. Consent Articles. To see if the Town will vote the following consent articles or to take any other action related thereto: A. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b),to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years,including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee,as appropriate, or to take any other action relative thereto. 1 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 B. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town;or to take any other action relative thereto. C. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for water,drainage, sewer,roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town;or to take any other action relative thereto. Board of Selectmen Article C. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners,per person,per annum $2,000 Chairman of Board of Selectmen,per annum,in addition 300 School Committee,per person,per annum 2,000 Chairman,School Committee,per annum,in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or to take any other action relative thereto. Article D. Amend General Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under Article 10 of the 2004 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article E. Amend Capital Improvement Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2005 as voted under Article 11 of the 2004 Annual Town Meeting,or to take any other action relative thereto. Board of Selectmen Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 12 of the 2004 Annual Town Meeting; or to take any other action relative thereto. 2 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Board of Selectmen Article G. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 13 of the 2004 Annual Town Meeting, or to take any other action relative thereto. Board of Selectmen Article H. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For Fiscal Year 2005. To see if the Town will vote to amend the Steven's Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2005 as voted in Article 14 of the 2004 Annual Town Meeting,or to take any other action relative thereto. Board of Selectmen Article L Transfer of Unexpended Funds from Special Revenue and Capital Funds. To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital Funds;or to take any other action relative thereto. Article J. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town;or to take any other action relative thereto. Article K General Fund Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2005 and ending June 30,2006;or to take any other action relative thereto. Article L. Capital Improvement Plan Appropriation Fiscal Year 2006. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws,Chapter 44,the sums of money necessary to fund the Town Capital Improvement Program;or to take any other action relative thereto. Article M. Water Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1,2005 and ending June 30, 2006; or to take any other action relative thereto. Article N. Sewer Enterprise Fund Appropriation-Fiscal Year 2006. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1,2005,and ending June 30, 2006;or to take any other action relative thereto 3 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Article O. 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. 4 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Article P. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E t/z for the Fiscal Year beginning July 1,2005. REVOLVING ACCOUNTS A revolving account allows fees and donations to be used for related expenses without a specific appropriation by Town Meeting. For example, activity fees collected from participants in Youth Services programs are used for costs associated with running the programs. State Law requires that the Town Meeting vote annually on this type of revolving account setting a dollar limit and specifying who is authorized to make expenditures. In any fiscal year,the limit on the amount that may be spent can be increased with the approval of both the Board of Selectmen and the Finance Committee, or to take any other action relative thereto. A/C# Revolving Fund Authorized to Spend Use of Funds Revenue Source FY 2005 Limit Participants fees, Grants,Donations, 022-5423- Division of All programs and activities, and related Fmdmsmg A 3437 Youth Services Division Head expense,part time help proceeds $ 250,000 Field rental fees, Grants,Donations, 022-4925- Field Field maintenance,upgrade and relateed Fmdmsmg H 3077 Maintenance Division Head and related expenses proceeds $ 20,000 Participants fees, Grants,Donations, 022-5590- Division of Elder Senior programs,classes and and related Fmdmsmg C 3564 Service Division Head activities proceeds $ 50,000 Clinic participant fees,Grants, Health Dept clinic supplies and other Donations,and 022-5102- p pp related Fundrasing n 3424 Revolving Division Head related materials proceeds $ 20,000 022-4306- Wheelabrator Wbeelabrator Host F 3008 Planning Division Head Air quality monitoring service Agreement $ 25,000 Wheelabrator 022-4307- Trash Truck To enforce Trash Truck Wheelabrator Host F 3083 Enforcement Division Head regulations service Agreement $ 20,000 Protection of health,safety 022-4308- Wheelabrator- and monitoring the air Wheelabrator Host G 3649 Health Division Head quality service Agreement $ 40,000 022-4309- Health Dept- Food Consultant fee's and H 3084 Food Inspections Division Head expenses related to program Inspection fee's $ 10,000 5 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 022-4310- Health Dept- Septic Consultant fee's and 1 3os5 Septic Inspections Division Head expenses related to program Inspection fee's $ 40,000 Article Q. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee;or to take any other action relative thereto. Article -List of Proposed Community Preservation Committee Appropriations NEED APPROPRIATIONS Petition of the Community Preservation Committee Article R. Preservation Restriction-North Parish Church Academy Road. To see if the Town will vote to authorize the Old Center Historic District Commission, with the approval of the Board of Selectmen, to accept a Preservation Restriction from the North Parish Unitarian Universalist Church of North Andover, located at 190 Academy Road, on terms and conditions deemed to be in the best interest of the Town;or to take any other action related thereto. Petition of the Community Preservation Committee Article S. Amend General Bylaws of the Town of North Andover — Add Chapter 131- Standardizing The Placement and Maintenance of Newsracks. To see if the Town will amend the General Bylaws for the Town of North Andover by adding a new chapter—Chapter 131 Standardizing the Placement and Maintenance of Newsracks to read as follows; or to take any other action relative thereto. TOWN OF NORTH ANDOVER Chapter 131 STANDARDIZING THE PLACEMENT AND MAINTENANCE OF NEWSRACKS § 131.1 Definitions. § 131.2 Certificate of Compliance § 131.3 Fees. § 131.4 Standards 6 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 § 131.5 Attachment to Property. § 131.6 Advertising Prohibited. § 131.7 Installation,Maintenance,and Delivery Time. § 131.8 Enforcement Procedures. § 131.9 Fees For Removal and Storage. § 131.10 Regulations. § 131.11 Effect on Other Laws. § 131.12 Severability § 131.13 Effective Date. § 131.1 Definitions. When used in this Bylaw,unless the context otherwise requires,the following terms shall have the following meanings: a. 'Director" shall mean the Director of the Public Works Department of the Town of North Andover or such person as said Director may from time to time designate. b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of newspapers,periodicals or printed material of whatever nature. c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this Bylaw. d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for the installation and maintenance of newsracks encompassed by any Certificate of Compliance issued pursuant to the provisions of this Bylaw and for compliance with all provisions contained herein. e. "Operator" shall mean any natural person or other legal entity including, but not limited to, corporations,partnerships,joint ventures and the like who either own,operate or are otherwise in control of a newsrack. f 'Public way" shall mean any public highway,private way laid out under authority of statute, way dedicated to public use, or way under the control of the Town Department of Public Works, School Department, or other body having like power. §131.2 Certificate of Compliance. a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a newsrack in or on any part of a public way without rust obtaining a Certificate of Compliance from the Director in accordance with the provisions of this Bylaw. b. The Certificate of Compliance must be renewed annually by application to the Director. c. Issuing Authority. The Director shall be the issuing authority and coordinator of the application process and administration of this Bylaw. d. Approving Authority. The approving authority shall be the Director. The Director or his/her designee shall review and approve for compliance with Section 131.2, entitled Certificate of Compliance, Section 131.4, entitled Standards, and Section 131.7, entitled Installation,Maintenance and Delivery Time. 7 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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 131.8 of this Bylaw,and 5. a certification from the applicant stating that the proposed location for all of the newsracks listed in the application are in compliance with the provisions of this Bylaw. g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the applicant is in compliance with the provisions of this Bylaw, the Director shall issue a Certificate of Compliance for installation by the applicant. The Director shall issue a partial Certificate of Compliance upon a finding that some of the proposed newsrack locations are in compliance with the provisions of this Bylaw. Issuance of a Certificate of Compliance or a partial certificate of compliance shall designate the applicant to be the Certificate Holder. The Director shall issue a Certificate of Compliance within ten days of the Director's receipt of the completed application. Proposed locations shall be approved on a fast come, fast 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 8 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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. § 131.3 Fees. a. There shall be a Certificate of Compliance fee in the amount of two hundred ($200.00) dollars paid to the Town. This fee shall be due upon initial application and upon each annual renewal. b. Additional Certificate of Compliance. If at any time after the Director has issued a Certificate of Compliance a Certificate Holder proposes to install additional newsracks,then the provisions of Section 131.2 are to be repeated. Additional Certificate of Compliance fees shall be in accordance with Section (a), except that the Certificate of Compliance fee is waived if previously paid. c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars per newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring compliance with this Bylaw. d. Where the Director has required newsracks to be set in corrals,or at hitching posts pursuant to Section 131.4 below, additional fees shall be imposed by the Director on Certificate Holders to offset the Town's costs for each such corral or hitching post used by such Certificate Holder. e. Upon a showing of significant financial hardship, whereby the payment of the full Certificate of Compliance fee will impair the ability of the publisher to distribute a publication through newsracks to members of the public, the Director may reduce the fee due upon initial application or upon an annual renewal by an amount s/he determines, in her or his sole discretion,as appropriate. § 131.4 Standards. a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six(6")inches away from the wall. No newsrack(s)shall be affixed,erected,installed,placed,used or maintained: 1. at any location in excess of eight (8) feet in width(plus the width of a newsrack) whereby the clear space for the passage of pedestrians is reduced to less than eight(8)feet in width; or,if the sidewalk location is less than eight(8) feet in width(plus the width of a newsrack),then the clear space for the passage of pedestrians shall not be reduced to less than five(5) feet in width, however, a width of four (4)to five (5) feet may be approved by the Director if requested, only after the Director consults with the Pedestrian Committee and the Disabilities Commission as to whether the particular location at issue necessitates the four(4) to five (5) foot width, and whether the pedestrian passage in that location could safely and reasonably be reduced to a width of four(4)to five(5)feet;and 9 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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 where 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 handicapped 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 proj ect into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic, 8. which in any way protrudes onto a street;or 9. on any sidewalk immediately abutting a public school. The Director may require that newsracks at locations in which more than three(3)are adjacent shall be set within an open-ended corral installed by the Town;and the Director may require that newsracks at a particular location be chained to each other and/or to a permanent hitching post installed by the Town. The Director may choose the locations for corrals and hitching posts based on the history of misaligned or knocked over newsracks at the location,the high volume of pedestrian traffic at the location,or the relatively high concentration of newsracks at the location. However,nothing in this paragraph shall be construed to limit the locations at which corrals and hitching posts may be required. § 131.5 Attachment to Property. a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by regulations promulgated by the Director, no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post,traffic signal or sign. b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than eight(8) feet along a curb, and a space of not less than five (5) feet shall separate each group of newsracks. § 131.6 Advertising Prohibited. It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing with the display, sale or purchase of the publications dispensed therein. 10 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 § 131.7 Installation,Maintenance,and Delivery Time. Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by the Certificate Holder in accordance with the following provisions: a. Each newsrack shall prominently display the name,address and phone number of a person or entity responsible for that newsrack. b. Each newsrack shall be: 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 Each newsrack shall be regularly serviced so that: 1. it is kept reasonably free of graffiti;and 2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof;and 3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof, and 4. the clear glass or plastic parts thereof,if any, through which the printed material is being dispensed are not broken and are kept reasonably free of tears,peeling or fading;and 5. the structural parts of the newsrack are not broken or unduly misshapen. d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the Director. The Director shall forthwith notify the Certificate Holder of the complaint. The Certificate Holder shall contact the complainant and attempt to resolve the complaint. If the complaint is not resolved to the complainant's satisfaction within ten (10) days,the complainant may request a meeting before the Director, or his/her designee, and the Certificate Holder. After such meeting, the Director shall have authority to impose a reasonable resolution to the complaint,including ordering the relocation of the newsrack/s causing the noise problem. § 131.8 Enforcement Procedures. a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw shall be subject to the enforcement provisions contained herein. b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this Bylaw does not contain the printed material being dispensed therein for a period of seventy-two (72)hours after the release of the current issue,the Director may deem the newsrack abandoned and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than fifteen(15) consecutive days. In the event that a Certificate Holder voluntarily abandons a newsrack location, the Certificate Holder shall so notify the Director, completely remove the newsrack and restore the public way to a safe condition. 11 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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 fast 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 fast-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. § 131.9 Fees For Removal and Storage. a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at any time within thirty (30) days of its removal upon payment of a removal fee of twenty-five ($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a maximum combined removal and storage fee of one hundred($100.00)dollars. b. After thirty (30) days, any newsracks removed by the Director pursuant to Section 13.8 of this Bylaw shall be deemed "abandoned property" and become the property of the Town of North Andover. c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30) day period shall not operate to dismiss any fees owned to the Town for removal and storage of such newsrack Unpaid fees accrued pursuant to this Section 13.9 shall be considered a debt payable to the Town. § 131.10 Regulations. The Director may, with the approval of the Town Manager, promulgate such rules and regulations consistent with the provisions of this Bylaw and the laws of the Commonwealth of Massachusetts as shall carry out the purposes of this Bylaw. § 131.11 Effect on Other Laws. 12 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations. § 131.12 Severability. The provisions of this Bylaw shall be severable and if any section,part,or portion hereof shall be held invalid for any reason by any court,the decision of such court shall not affect or impair any remaining section,part or portion thereof. Article T. Amend General Bylaws of the Town of North Andover—New Chapter 176- Water Supply Cross Control Regulations Bylaw. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by adding a new chapter - Chapter 176 Water Supply Cross Control Regulations,or to take any other action relative thereto. Chapter 176 Water Supply Cross Control Regulations § 176-1 Administration § 176-2 Requirements § 176-1 Administration. The Department of Public Works will operate an active Cross Connection Control Program according to the requirements of 310 CMR 22.22, Code of Massachusetts Regulations, Division of Water Supply Cross Connection Control Regulations. Those property owners shall include Industrial,Commercial,Residential,Vocational and Municipal or Government Businesses. The owner shall allow his property to be inspected for possible cross connections and the testing of backflow devices,and shall follow the provision of the Town's program and 310 CMR 22.22, Code of Massachusetts Regulations. A fee of $55.00 shall be charged for each Backflow device test to the owners of backflow devices within Industrial,Commercial,Residential,Vocational and Government Businesses. The Board of Selectmen shall have the authority to change the amount of backflow device test fees. §176—2. Requirements. Prior to approval of new installations and/or retrofits, owners must complete a design data form and simple plumbing schematic acquired from the Town's Water Dept. The Department of Public Works or its delegated representative will provide on site evaluation for cross connection violations and inspection of plans in order to determine the type of backflow preventers, if any, 13 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 that will be required, and notify the owner of plan approval requirements by the appropriate reviewing authority;or to take any other action relative thereto. Petition of the Department of Public Works Article U. Accept the Provisions of Massachusetts General Laws Chapter 44 Section 55C-Affordable Housing Trust. To see if the Town will accept the provisions of Massachusetts General Laws Chapter 44 Section 55C, Affordable Housing Trust; or to take any other action relative thereto. Chapter 44: Section 55C Municipal Affordable Housing Trust Fund Section 55C. (a)Notwithstanding section 53 or any other general or special law to the contrary, a city or town that accepts this section may establish a trust to be known as the Municipal Affordable Housing Trust Fund, in this section called the trust. The purpose of the trust is to provide for the creation and preservation of affordable housing in municipalities for the benefit of low and moderate income households. For the purposes of this section, acceptance shall be in a town by vote of an annual town meeting, and in any other municipality in accordance with section 4 of chapter 4. (b) There shall be a board of trustees, in this section called the board, which shall include no less than 5 trustees,including the chief executive officer, as defined by section 7 of chapter 4, of the city or town. Trustees shall be appointed in a city by the mayor or by the city manager in a Plan D or Plan E municipality,subject in either case,to confirmation by the city council,and in a town by the board of selectmen, shall serve for a term not to exceed 2 years, and are designated as public agents for purposes of the constitution of the commonwealth. (c) The powers of the board, all of which shall be carried on in furtherance of the purposes set forth in this act,may include,but not be limited to,the following:-- (1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by-law or any other ordinance or by-law, (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income, (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust, 14 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 (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, (13)to compromise,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. 15 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 (e) The trust is a public employer and the members of the board are public employees for purposes of chapter 268A. (f) The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of chapter 268A. (g) The trust is exempt from chapters 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. (h) The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices. (i)The trust is a governmental body for purposes of sections 23A,23B and 23C of chapter 39. O 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 Director of Community Development Article V. Amend Zoning Bylaw Section 4.2 -Phased Development by Adding a New Section 1 -Intent and Purpose and a New Section 9—Exemptions. To see if the Town will vote to amend Section 4.2—Phased Development of the Town of North Andover Zoning Bylaw so as to create a new Section 1 —Intent and Purpose and a new Section 9—Exemptions;or to take any other action relative thereto. Phased Development Bylaw as Amended to read as follows: 4.2 Phased Development Bylaw 1.INTENT AND PURPOSE This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws,Chapter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: a)to ensure that growth occurs in an orderly and planned manner, at a rate that can be supported by Town services,while avoiding large year to year variations in the development rate, 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; 16 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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.; I) to allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. 1. Building permits for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of the provision shall not be granted at a rate greater than as permitted by the following: a) For lots covered by both Section 8.7 of the Zoning Bylaw and this Section 4.2, the eligibility for building permits shall be determined only by the provisions of Section 8.7. b) For lots not covered by Section 8.7, building permits may be granted per the schedule shown below. A year will run from the anniversary date as defined in paragraph 5 below,to the same date inn subsequent years. (1998/24) No. of Lots Min. Yrs of Max.Lots Development Developed/Yr 1-6 1 All 7-20 2 50%of total 21-34 3 33%of total 35-50 4 25%of total 51-75 5 20%of total 76-125 6 16.7%of total 126+ 7 14.3&of total 2. Lots can be sold any time for the construction of dwellings in the designated future years. However, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest date of which construction may be commenced in accordance with these provisions. 3. If there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivision held by common or related ownership,then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. 4. Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. 5. The anniversary date of each subdivision or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained (e.g. Planning Board endorsement of Definitive Plan, Board of Health approval,Conservation Commission approval,etc). 17 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 6. Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and contiguous Form A lots covered by this provision shall be limited to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw. Allowed building permits in succeeding years shall be limited to less than the permitted maximum, if necessary,to insure that this cap is not exceeded. 7. The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly,the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations should address the conditions and processes for authorizing building permits on an annual basis. 8. The invalidity of one or more provision or clauses of this section shall not invalidate or impair the section as a whole or any other part thereof (1986/13) 9. The provisions of this Section 4.2 shall expire on July 1,2009. Petition of the Planning Board Article W. Amend Section 8.8.7 — Adult Use Zone- Application Information of the Zoning Bylaw. To see if the Town will vote to amend section 8.8.7 of the Zoning Bylaw for the Town of North Andover as follows: Section 8.8.7 now reads: Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property, b) Name and address of all persons having lawful equity or security interests in the establishment, c) Name and address of the manager, d) Number of employees, e) Proposed provisions for security within and without the establishment, 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. (in) the_security_Plans_r and Personnel referenced in Sect s>n_8.8.7(e)-()_and(ii)- --- Formatted:Bullets and Numbering shall be approved by the North Andover Police Chief. 18 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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: r-(i)Security personnel paid for by the establishment owner to remain inside the business®----- Formatted:Bullets and Numbering during operating hours of the establishment, i} ii Security personnel paid for by the establishment owner to patrol the parking lot. iii The security plans and personnel referenced in ite7ris Section 8.8.7(e)(i) and(ii) shall be approved by the North Andover Police Chief. Or to take any other action relative thereto. Petition of the Planning Board Article X. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities-Add New 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 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 other emergency dispatch, and other municipal, non-commercial telecommunications facilities;and 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. 19 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Petition of the North Andover Police Department Article Y. Roadway Acceptances —Coachman's Lane(off Great Pond Road,Concord Street(off Osgood Street)Easy Street(off Abbott Street)Highland View Avenue(Chadwick St to Furber Ave),Morningside Lane(off Winter Street)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 with the Town of North Andover Department of Public Works. Concord Street A way known as Concord Street as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover; prepared for Concord Street, scale 1"=40', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Easy Street A way known as Easy Street as shown on a Plan of Land entitled, "Definitive Subdivision Plan of Land,Abbott Meadows,North Andover,MA;prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA , scale 1"=40', dated January 23, 1981, revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 8690. Highland View Avenue A way known as Highland View Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;prepared for Highland View Avenue, scale 1"=40', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Morningside Lane A way known as Monungside Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. 20 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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 F=60',dated 9/1/03;prepared by Christiansen& Sergi, 160 Summer Street,Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Petition of the Department of Public Works Article Z. 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 with the Town of North Andover Department of Public Works. Autran Avenue A way known as Autran Avenue as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover; prepared for Autran Avenue , scale F=40', dated 1/7/05; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Bunker Hill Street A way known as Bunker Hill Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover;prepared for Bunker Hill Street, scale 1"=40',dated 2/13/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file with the Town of North Andover Department of Public Works. Douglas Road A way known as Douglas Road as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover;prepared for Douglas Road,scale 1"=40',dated 2/13/04, prepared by Christiansen& Sergi, 160 Summer Street,Haverhill,MA 01830 on file with the Town of North Andover DPW. 21 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Glenwood Street A way known as Glenwood Street as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover;prepared for Glenwood Street, scale 1"=40', dated 10/15/04;prepared by Christiansen& Sergi, 160 Summer Street,Haverhill,MA 01830 on file with the Town of North Andover DPW. Martin Avenue A way known as Martin Avenue as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover;prepared for Martin Avenue, scale 1"=40',dated 8/16/04, prepared by Christiansen& Sergi, 160 Summer Street,Haverhill,MA 01830 on file with the Town of North Andover DPW. Summit Street A way known as Summit Street as shown on a Plan of Land entitled,"Street Acceptance Plan located in North Andover;prepared for Summit Street,scale F=40',dated 1/7/05; prepared by Christiansen& Sergi, 160 Summer Street,Haverhill,MA 01830 on file with the Town of North Andover DPW. Petition of the Department of Public Works Article AA. Third Telecommunications Antenna at Stevens Estate at Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to enter into a lease and grant an easement on the Stevens Estate, on terms and conditions the Board of Selectmen deem in the best interest of the Town of North Andover, for a third telecommunications carrier on the tower at the Stevens Estate,or to take any other action relative thereto. Board of Selectmen Article BB. Amend Chapter 178 of the General Bylaws-Section 3-Wetlands Protection- Exemptions. To see if the Town will vote to amend Chapter 178 Section 3 Wetlands Protection-Exemptions by adding a new subsection 5—"Projects where the applicant is the Town of North Andover";or to take any other action relative thereto. Chapter 178 Section 3 as amended to read as follows: 178.3. Exemptions: This Bylaw shall not apply to the following activities: 1. Emergency projects as defined in the Commission's regulations (Section 11);or 22 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 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 11);or 4. Maintenance and repair of existing public ways;or 5. Projects where the applicant is the Town of North Andover. CC. Bylaw Pursuant to Acceptance Massachusetts General Law Chapter 41,Section 38A -Collection of Accounts Due City or Town;Powers and Duties of Tag Collector. To see if the town will vote to enact the following bylaw: The tax collector,in addition to the authority to collect taxes conferred by Massachusetts General Laws, Chapter 41, Section 38, and all other laws relating to tax collection, shall collect all accounts due the town in accordance with the provisions of Massachusetts General laws, Chapter 41, Section 38A. The collector shall in the collection of such accounts have all the remedies provided by sections thirty-five, thirty-six and ninety-three of Massachusetts General Laws, Chapter 60 for the collection of taxes on personal estate. This bylaw shall not apply to the collection of interest on investments of sinking or trust funds.All bills for accounts due the town shall state that all checks, drafts or money orders shall be made payable to or to the order of the town and not to or to the order of any officer, board or commission. Whenever the collector of taxes, in any communication, document or writing intended for use outside his department, identifies a husband and wife,he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name. or take any other action relative thereto. Board of Selectmen Article DD. Amend General Bylaws-Chapter 101-1 Fees Enumerated-Section B— Sealer of Weights and Measures. To see if the Town will vote to amend Chapter 101-1 Fees Enumerated of the General Bylaws of the Town of North Andover by adding at the end of Section B-Sealing of Weights and Measures Service the following: "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. 23 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 Chapter 101-1—Fees Enumerated-Section B as amended to read: B. Sealing of weights and measures service (Massachusetts General Laws Chapter98, Section 56). 1. Scales: a.Capacity of over ten thousand(10,000)pounds:fifty dollars($50)each. b. Capacity of five (5) to ten thousand (10,000) pounds: thirty dollars ($30) each. c.Capacity of one(1)to five thousand(5,000)pounds: twenty dollars ($20)each. d.Capacity of one hundred(100)to one thousand(1,000)pounds: ten dollars ($10)each. e.Balances of ten(10)to one hundred(100)pounds: six dollars($6)each. f.Balances under ten(10)pounds: five dollars($5)each. 2. Liquid capacity measure of capacity of more than one (1)gallon and measure on pumps:two dollars($2)each. 3. Liquid measuring meter: a.Diameter one half(1/2)inch to one(1)inch: five dollars($5)each. b.Diameter over one(1)inch vehicle tank pump: sixteen dollars($16)each. 4. Vehicle tank gravity: twenty dollars($20)each. 5. Bulk storage: forty dollars($40)each. 6. Bulk storage with certification proven:twenty dollars($20)each. 7. Taxi meter: eight dollars($8)each. 8. Device to determine linear area: five dollars($5)each. 9. Mille bottle or jars: eight dollars ($8)each. 10. Vehicle tanks used in sale of commodities by liquid measure per one hundred (100)gallons: five dollars($5)each. 11. Separate tanks-same vehicle(each): five dollars ($5). 12. All weights and other measures: one dollar($1)each. A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary. Board of Selectmen Article EE. Amend Zoning Bylaw—Signs. BEING DRAFTED-HG Article FF. Authorization to Lease Stevens Estate at Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to lease, pursuant to the provisions of MGL, Chapter 30B, for a period in excess of three years, the buildings and immediately adjacent lands of the estate, subject to the agreement by the lessee to operate,maintain and improve the facility for use 24 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 as a event facility, conference center,bed and breakfast, exhibit space for recreational and other public purposes, all to be on such terms and conditions as shall be delineated and approved by the Board of Selectmen;or take any other action relative thereto. Board of Selectmen 25 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005 And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven(7)days before the time of said meeting. Given under our hands this Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. NORTH ANDOVER BOARD OF SELECTMEN Rosemary Connelly Smedile Chairman Mark J.T. Caggiano Donald B. Stewart Wendy D.Wakeman James M.Xenakis NORTH ANDOVER,MASSACHUSETTS Joyce A.Bradshaw,Town Clerk Attest: A True Copy: 26 2005 ANNUAL TOWN MEETING WARRANT-DRAFT-JAB-3-7-2005