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Town of North Andover
Annual Town Meeting Warrant
May 8, 2006
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,
430 Osgood Street on Monday May 8, 2006, at 7:00 PM then and there to act upon the following
articles:
Article A. Reports of Special Committees. To see if the Town will vote to hear the reports
of any appointed special committees; or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Article B. 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 2005 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
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,
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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:
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.
Recommendations:
Board of Selectmen:
Finance Committee:
Article D. Amend General Fund Appropriation For Fiscal Year 2006. To see if the
Town will vote to amend the General Fund Appropriation for Fiscal Year 2006 as voted under
Article 8 of the 2005 Annual Town Meeting; or to take any other action relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
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Petition of the Board of Selectmen
Article E. Amend Sewer Enterprise Fund Appropriation For Fiscal Year 2006. To see
if the Town will vote to amend the Sewer Enterprise Fund Appropriation for Fiscal Year 2006 as
voted under Article 12 of the 2005 Annual Town Meeting; or to take any other action relative
thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article F. Amend Water Enterprise Fund Appropriation For Fiscal Year 2006. To see
if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2006 as
voted under Article 11 of the 2005 Annual Town Meeting; or to take any other action relative
thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article G. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation For
Fiscal Year 2006. To see if the Town will vote to amend the Stevens Estate at Osgood Hill
Enterprise Fund Appropriation for Fiscal Year 2006 as voted under Article 13 of the 2005
Annual Town Meeting; or to take any other action relative thereto.
Recommendations:
Board of Selectmen:
Finance Committee:
Petition of the Board of Selectmen
Article H. Amend the Capital Improvement Plan Appropriation for Fiscal Year 2006.
To see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal
Year 2006 as voted under Article 10 of the 2005 Annual Town Meeting; or to take any other
action relative thereto.
Recommendations:
Board of Selectmen:
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Finance Committee:
Petition of the Board of Selectmen
Article I. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To
see if the Town will vote to transfer unexpended balances from Special Revenue and Capital
Funds; or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
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.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article K. General Fund Appropriation Fiscal Year 2007. 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, 2006
and ending June 30, 2007; or to take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article L. 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 Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
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Article M. Sewer Enterprise Fund Appropriation-Fiscal Year 2007. 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, 2006 and ending June 30, 2007; or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article N. Water Enterprise Fund Appropriation-Fiscal Year 2007. 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, 2006 and ending June 30, 2007; or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article O. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year
2007. 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, 2006 and ending June 30, 2007; or to take any other action relative
thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article P. Capital Improvement Plan Appropriation Fiscal Year 2007. 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:
Finance Committee:
Planning Board:
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Article Q. Funding for Water Storage Tanks. To see if the town will vote to appropriate
$5,350,000 for the construction of water tanks; to be determined whether this appropriation shall
be raised by a transfer from unexpended bond proceeds, by an appropriation from the tax levy,
by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; or to take
any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article R. Establishment of Revolving Funds. To see if the town will vote to authorize
the following revolving funds for certain Town departments under Massachusetts General Laws,
Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2006;or to take any other action
relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article S. 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.
Petition of the Community Preservation Committee
Recommendations:
Board of Selectmen:
Finance Committee:
Article T. Unified Fee Bylaw.
T1. Amend General Bylaws of the Town of North Andover — Chapter 158-5 —
Registration Fee. To see if the Town will vote to delete Chapter 158-5 — Registration Fee —
and insert the following new section in its place; or to take any other action relative thereto.
Chapter 158-5. Registration Fee:
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Each applicant for registration or re-registration shall pay a non-refundable fee to the
Town at the time of application. The registration fee shall be established by the Board of
Selectmen. A registration fee must be paid for each person who will be engaged in soliciting or
canvassing or the supervision of canvassing or soliciting. The fee may be waived at the
discretion of the Chief of Police for a non-profit organization with proof of non-profit status.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T2. Amend General Bylaws of the Town of North Andover — Chapter 127-1 —
License Required; Fee; Duration. To see if the Town will vote to delete Chapter 127-1 —
License Required; Fee; Duration — and insert the following new section in its place; or to take
any other action relative thereto.
Chapter 127-1. License Required; Fee; Duration:
No person shall keep a shop for purchase, sale or barter of junk, old metal or secondhand
articles, or shall go from house to house collecting or procuring by purchase or barter any such
articles, without a written license from the Board of Selectmen. The Board of Selectmen shall
set the fee for such license. Each license shall continue in force until the first day of May
ensuing unless sooner revoked by the Selectmen.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T3. Amend General Bylaws of the Town of North Andover — Chapter 88-5—
License Fees. To see if the Town will vote to delete Chapter 88-5 — License Fees — and insert
the following new section in its place; or to take any other action relative thereto.
Chapter 88-5. License Fees:
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All dogs six (6) months old or older must be licensed and tagged.
The Board of Selectmen shall set the dog license fees as provided for in Massachusetts
General Laws c. 140, sec. 139.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T4. Amend General Bylaws of the Town of North Andover — Chapter 88-2 —
Impoundment; Redemption Fee. To see if the Town will vote to delete Paragraph B from
Chapter 88-2 — Impoundment; Redemption Fee — and insert the following new section in its
place; or to take any other action relative thereto.
B. An impounded dog shall be released to its owner or keeper upon payment of an
administrative fee and the pound fees, which fees shall be established by the Board of Selectmen,
and, if necessary, upon its being properly licensed.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T5. Amend General Bylaws of the Town of North Andover— Chapter 101 —
Fees — Revise Chapter 101-1. To see if the Town will vote to amend Chapter 101 of the
General By-Laws for the Town of North Andover by deleting Chapter 101-1 —Fees Enumerated,
and adding the following new Chapter 101-1 —Establishment of Fees, or to take any other action
relative thereto.
Chapter 101-1. Establishment of Fees:
The following fees shall be established by the Board of Selectmen:
A. Fees for automatic amusement device licenses pursuant to Massachusetts General
Laws c. 140, sec. 177a.
B. Fees for sealing of weights and measures services pursuant to Massachusetts
General Laws c. 98, sec. 56.
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Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T6. Amend General Bylaws of the Town of North Andover — Chapter 77-1 —
Building Permit Fees; Exclusive of Mechanical and Utility Fees. To see if the Town will vote
to amend Chapter 77-1 of the General Bylaws for the Town of North Andover by deleting
Chapter 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees, and adding the
following new Chapter 77-1, or to take any other action relative thereto.
Chapter 77-1. Building Permit Fees, Exclusive of Mechanical and Utility Fees:
The following costs and fees shall be established by the Board of Selectmen:
A. A per square foot cost factor which shall be used to estimate the cost of new
construction.
B. Fees for new construction at a rate per thousand dollars of estimated cost of
construction or actual contract price, whichever is greater.
C. Fees for additions, alterations and remodeling at a rate per thousand dollars based
upon the estimated cost of construction. Estimated construction cost of additions, alterations and
remodeling shall be the actual contract price. There shall be a minimum fee per permit to be
established by the Board of Selectmen.
D. Copies of the actual contract price shall be submitted with the Building Permit
Application.
E. Building permit fees shall be required for municipally owned buildings and
structures. Building permit fees for buildings and structures wholly owned by the Town of North
Andover may be waived, in whole or in part, only by the Board of Selectmen based on the
Board's determination of the benefits accruing to the Town from such a waiver. In all cases, fees
will be required for mechanical and utility permits.
The Building Inspector shall periodically make a recommendation to the Town Manager
relative to the adequacy of the fees, fines and assessments and the schedule relative thereto, as
cited above, which may be adjusted by the Board of Selectmen as required.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
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Article T7. Amend General Bylaws of the Town of North Andover — Chapter 69-7.1 —
Connection Fees. To see if the Town will vote to delete Chapter 69-7.1 — Connection Fees —
and insert the following new section in its place, or to take any other action relative thereto.
Chapter 69-7.1. Connection Fees:
Each alarm user shall on or before October 1st of each year remit to the Fire Department a
service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall
be established by the Board of Selectmen.
Locations that have multiple master boxes as required by the Fire Department shall be
charged a fee for the initial fire alarm box only.
Fire alarm system devices owned by the Town of North Andover shall be exempt from
the provisions of Sections 69-7 and 69-7.1.
Until a new fee is established by the Board of Selectmen, the Town shall continue to
charge the same fees that were in effect immediately prior to the effective date of this bylaw.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T8. Amend General Bylaws of the Town of North Andover — Enforcement of
Littering Bylaw. To see if the Town will vote to add the following new paragraph to
Chapter 130-2 —Violation and Penalties, or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T9. Amend General Bylaws of the Town of North Andover — Enforcement of
Burglar Alarm Bylaw. To see if the Town will vote to add the following new paragraph to
Chapter 69-14 —Violations; or to take any other action relative thereto.
C. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or
his designee.
Petition of the Board of Selectmen
Recommendations:
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Board of Selectmen:
Finance Committee:
Article T10. Amend General Bylaws of the Town of North Andover — Enforcement of
Fire Alarm Bylaw. To see if the Town will vote to add the following new paragraph at the end
of Chapter 69-7.2 —Violations, or to take any other action relative thereto.
I. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or
his designee, or the Fire Chief or his designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article TH. Amend General Bylaws of the Town of North Andover— Leaf Regulations —
Penalties. To see if the Town will vote to add the following new paragraph to Chapter 161-5
—Leaf Regulations—Penalties, or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article T12. Amend General Bylaws of the Town of North Andover — Enforcement of
Solicitation Bylaw. To see if the Town will vote to add the following new sentence at the end
of Chapter 158-12—Penalty, or to take any other action relative thereto.
The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his
designee.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article U. Mosquito Control Program. To see if the Town will vote to rejoin the
Northeast Mosquito Control District to address mosquito control in the Town and appropriate
$86,124, or a sum in accordance with the annual calculation set forth by the Massachusetts
Department of Revenue, so that surveillance may begin in the spring of 2006;or to take any other
action relative thereto.
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Petition of the Board of Health
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article V. Intermunicipal Joint Purchasing Agreement — Community Software
Consortium. To see if the Town of North Andover will vote to authorize the municipality to
enter into an intermunicipal joint purchasing agreement pursuant to Massachusetts General Laws
Chapter 40 Section 4A for the provision of technology solutions and related consulting and
support services with the Community Software Consortium, preserving the rights and privileges
established in prior agreement(s). The duration of this agreement, in accordance to statute, shall
be for no more than 25 years, with the ability of the community to withdraw from this agreement
at any time. The annual obligation of the municipality under this agreement will be paid from
the participating departments' expense appropriations. The annual obligation is determined by
membership vote pursuant to the consortium's bylaws.
Board of Assessors
Recommendations:
Board of Selectmen: Favorable Action
Finance Committee: Favorable Action
Article W. Continue Provisions of Massachusetts General Law, Chapter 59 Section 5K.
To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter
59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100
hours per year to provide services to the Town to reduce their real estate property tax; or to take
any other action relative thereto.
(A recent amendment to the local acceptance status increased the maximum abatement a senior
may earn each fiscal year under these programs to $750. The previous limit was $500.00 per
year.)
Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
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Article X. Petition the General Court-Amend Chapter 7 Section 8-1 Board of Health of
the Charter for the Town of North Andover. To see if the Town will vote to authorize the
Board of Selectmen to Petition the Legislature to Amend Chapter 7 Section 8.1 of the Charter for
the Town of North Andover by deleting in the first sentence "three members" and replacing with
"five members"; or take any other action relative thereto.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article Y. Route 114 Rezoning (Need Language and Particulars)
Board of Selectmen:
Finance Committee:
Article Z. Amend Zoning Bylaw Section 4.3 Residential Adaptive Re-Use Special Permit.
(Need Language)
Recommendations:
Board of Selectmen:
Article AA. Amend Zoning Bylaw to Address Open Space Issues.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Article BB. Amend Zoning Bylaw Section 4.136—Watershed Protection District.
Recommendations:
Board of Selectmen:
Finance Committee:
Article CC. Amend Zoning Bylaw Section 4.1222—Residential 4 District.
Recommendations:
Board of Selectmen:
Finance Committee:
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Article DD. Amend Zoning Bylaw Section 8.3- Site Plan Review.
Recommendations:
Board of Selectmen:
Finance Committee:
Article EE. Amend Zoning Bylaw- Section 6— Signs and Outdoor Lighting Regulations.
Recommendations:
Board of Selectmen:
Finance Committee:
Article FF. Amend Chapter 178 of the General Bylaws—Wetlands Protection.
Recommendations:
Board of Selectmen:
Finance Committee:
Article GG. Amend Underground Utility Bylaw to include School Street.
Petition of the Board of Selectmen
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
Article HH. Street Acceptances.
DPW — Surrey Drive,Inglewood Street, Grosvenor Avenue, Granville Lane,
and Wildwood Circle.
Planning Board: Sherwood Drive, Chatham Circle, Nantucket Drive
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
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Article II(CP). Intermunicipal Agreement Between North Andover/Middleton Water
and Sewer Tie-ins. To see if the Town will vote to authorize the Board of Selectmen pursuant
to the provisions of Massachusetts General Laws, Chapter 40, Section 4A, to negotiate and
approve an Intermunicipal Agreement between the Towns of North Andover and Middleton to
authorize water and sewer tie-ins for a mixed-use industrial/recreational development on
property in North
Andover shown on North Andover Assessor's Tax Map Nos. 210-108.A-0006-0000.0, 210-
108.A-0007-0000.0 and 210-108.A-0019-0000.0 and in Middleton on Assessor's Map 9, as Lots
24 and 26 all owned by Nomid Trust, Joseph DiGrazia, Trustee on the North Andover/Middleton
Town line, and make such other agreements as may be required by the Greater Lawrence
Sanitary District before permission is granted for said sewer connection; or to take any other
action related thereto.
Petition of Frank Terranova and others
Recommendations:
Board of Selectmen:
Finance Committee:
Planning Board:
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
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NORTH ANDOVER, MASSACHUSETTS
Joyce A. Bradshaw, Town Clerk
Attest: A True Copy:
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