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HomeMy WebLinkAbout2006 ATM MOTION BOOK-JAB-JUNE 6, 2006-FINAL-FOR MINUTES 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 ARTICLE 1. REPORTS OF SPECIAL COMMITTEES. MOTION: MOVE TO RECEIVE THE REPORT OF THE TOWN CLERK REGARDING THE ANNUAL TOWN REPORT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN PRESENTATION FORMAT: VERBAL — JOYCE BRADSHAW, TOWN CLERK, WILL PRESENT BRIEF REPORT ON RECOMMENDATIONS FOR ANNUAL TOWN REPORT AS REQUIRED BY 2005 ATM VOTE. NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 1 Article 2. Consent Articles. To see if the Town will vote the following consent articles: A. Reports of Receipts and Expenditures. To accept the reports of receipts and ex- penditures 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 Massa- chusetts 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 Se- lectmen and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Commit- tee 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 2006 ANNUAL TOWN MEETING MOTION BOOK 2 ARTICLE 2. CONSENT ARTICLES. MOTION: MOVE TO ADOPT ARTICLE 2 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE-CHAIR-BOS PRESENTATION FORMAT: VERBAL NOTES: THESE ARE RECURRING ARTICLES RECOMMENDED BY TOWN COUNSEL. TOM URBELIS WILL EXPLAIN IF NECESSARY. MODERATOR WILL CALL ALL ARTICLES AND THEY MAY BE VOTED INDIVIDUALLY. RECEIPTS AND EXPENDITURES IS IN THE TOWN REPORT AND POSTED ON THE WEB SITE WITH FULL FINANCIALS AND SALARIES. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 3 Article 3. Senior Center Recognition Day. To see if the Town will vote to declare the second Wednesday in the month of May, starting in the year 2007, as the "Senior Cen- ter Recognition Day". The month of May is designated as "Older American Month" so it is appropriate to celebrate each year the importance of the Senior Center to the citi- zens of our Town; or to take any other action relative thereto. Petition of Albert S. Movsesian and others ARTICLE 3. SENIOR CENTER RECOGNITION DAY. MOTION: MOVE TO ADOPT ARTICLE 3 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ALBERT S. MOVSESIAN - PETITIONER PRESENTATION FORMAT: VERBAL—AL MOVSESIAN, COUNCIL ON AGING NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 4 Article 4. Amend Zoning Bylaw - Section 2 - Definitions. To see if the Town will vote to amend Section 2, Definitions of the Zoning Bylaw of the Town of North Andover by adding Section 2.30.A Drive-Through Facility to read as fol- lows: 2.3 0.A Drive-through Facility A facility that provides for the convenience of drive through windows which allow for transactions of goods and/or services to be carried out without the customer hav- ing to leave his/her motor vehicle. The proportion of drive through business to the total business volume of the applicable business establishment is not relevant to the determination of whether that business establishment contains a drive through facili- ty. Or to take any other action relative thereto. Petition of the Planning Board ARTICLE 4. AMEND ZONING BYLAW - SECTION 2 - DEFINITIONS. MOTION: MOVE TO ADOPT ARTICLE 4 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA — CHAIRMAN - PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 5 Article 5. Amend Zoning Bylaw—New Zoning District - Section 16 Corridor Develop- ment District, and Defining Corridor Development District 1 (CDD1). To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 16 Corridor Development District 1; And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of Districts, by adding the term "Corridor Development District 1"; and amending Table 1 & Table 2 of the Bylaw to include the summary of uses and dimensional requirements for the Corridor Development District. See tables below. And in connection therewith to amend Footnote 1 of the Town Bylaw by inserting "and any Corridor Development District" in the first sentence after"In All district except Village Commercial". New Section 16 to read as follows: Section 16 Corridor Development District 16.1 Objectives A Corridor Development District is intended: 1. To control the design of commercial and residential development along the primary corridors for vehicular travel through North Andover (Route 114, Route 133, and Route 125) in such a manner that encourages sound site planning, appropriate land use, the preservation of aesthetic and visual character, and promote economic devel- opment and diversity in the community tax base for the Town; 2. To foster a greater opportunity for creative development by providing control and design guidelines which encourage a mix of uses compatible with existing and neighboring residential properties; 3. To accommodate a compatible mixture of uses that complement commercial and res- idential uses typically associated with transportation corridors and large traffic flows. 4. To serve as a transition area between commercial development and the neighboring residential properties by ensuring that the appearance and effects of buildings and uses are harmonious with the character of the area; 5. To allow considerable flexibility under a special permit in the development of tracts of land as recommended in the Town of North Andover Master Plan in accordance the goals and objectives in the Master Plan; 6. To allow a developer to propose a site development use and plan unique to a particu- lar location. 16.2 Corridor Development District 1(CDD1) - Permitted Uses In the Corridor Development District 1, no land shall be used and no building or struc- ture shall be reconstructed, erected, altered or used for any other purpose than the following and shall not exceed 3,000 gross square feet of building area: 1. Retail uses excluding auto sales and repair provided there is no outdoor sales or sto- rage of materials and products. 2. Restaurants excluding drive-through facilities. 3. Personal service establishments. 4. Public building or use and Public Service Corporation. 2006 ANNUAL TOWN MEETING MOTION BOOK 6 5. Professional offices including, but not limited to banks, real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through facilities are permitted with these uses. 6. Art Gallery. 7. Cultural Center or Museum. 8. Place of worship. 9. Same-structure/On-site Mixed Use Developments. a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent (50%) of the gross square feet for a two (2) story building and not more than seventy-five percent (75%) of the gross square feet for a three (3) sto- ry building. [[Section 16.3 reserved for Article 6]] 16.4 Uses Subject to a Special Permit The following uses may be allowed in the Corridor Development District by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 1. Structures or buildings greater than 3,000 gross square feet may be allowed by the granting of a special permit from the Planning Board and subject to the following conditions: a. Submission of a traffic impact and mitigation plan by a professional traffic engi- neer/consultant. b. For those parcels abutting residential zoned properties, sufficient evidence must be provided to demonstrate that no reasonable alternatives to the site layout, site design, and parking configuration exist. c. A determination by the Planning Board that the proposed development will not create adverse traffic and safety impacts and neighborhood streets and uses are harmonious with the character of the area. d. A determination by the Planning Board that the proposed development provides sufficient screening and buffering for those parcels abutting residential zoned properties. 2. For outdoor storage, display, and sales of materials, products and goods in connec- tion with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent (20%) of the indoor principal use devoted to retail sales. b. The products, materials or goods displayed, stored or sold outdoors, by special permit, must not be visible from any residential use. c. The goods, materials, and products permissible for outdoor storage, display and sales hereunder, shall explicitly exclude automobiles, motorcycles, or other wheeled vehicles and include only goods, materials, and products, which are cus- tomarily stored, displayed, or sold outdoors without the necessity for cover from the weather. Fertilizers and other toxic, hazardous chemicals are also excluded herein. d. The amount of area designated for outdoor storage shall be included in the di- mensional requirements for maximum lot coverage. e. The entire outdoor storage area shall be enclosed by a wall of solid opaque ma- terial such as masonry or solid wood fencing which, in the opinion of the Planning Board, will not derogate from the surrounding area. f. Sufficient landscaping shall be provided around the perimeter of the storage area at the discretion of the Planning Board. 2006 ANNUAL TOWN MEETING MOTION BOOK 7 g. Only living plants can be higher than the surrounding vertical structural screen- ing. 16.5 Design Standards 1. Any other performance standards of the town shall also apply to uses conducted un- der this Section 16.5 of the North Andover Zoning Bylaws; 2. Architecture should demonstrate the cohesive planning of the development and present a clearly identifiable design feature throughout. Applicants are encouraged to use traditional New England architectural elements in the design. It is not intended that buildings be totally uniform in appearance or that designers and developers be restricted in their creativity. Rather, cohesion and identity can be demonstrated in similar building scale or mass; consistent use of facade materials; similar ground level detailing, color or signage; consistency in functional systems such as roadway or pedestrian way surfaces, signage, or landscaping; the framing of outdoor open space and linkages, or a clear conveyance in the importance of various buildings and features on the site; 3. Buildings adjacent to usable open space should generally be oriented to that space, with access to the building opening onto the open space; 4. All new utilities shall be placed underground; 5. Landscaped space and pedestrian connectivity shall be designed and located to pro- vide sufficient and safe access throughout the development and/or abutting residential neighborhoods. An alternative to a sidewalk, such as an asphalt path or trail, which better serves the purpose of connecting commercial businesses to each other and the community, may also be used; 6. Commercial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents; 7. Vehicular access to and from public roads is intended to be consolidated. Vehicular access to lands from a public roadway shall generally be limited to one (1) access point, particularly when frontage along said roadway is two hundred (200) feet or less; 8. Driveway consolidation should be undertaken so as to reduce traffic conflicts on feeder or collector streets: a. Provision for Interior roadways and common curb cuts i. To allow for the least disruption in flow on the primary corridors, and the op- portunity for orderly growth within the zoning districts bordering this state roadway, the town considers the reduction of entrances and exits on the highway of major concern. For that reason, all site plans shall show reasona- ble plans for interior roadways linking neighboring parcels presently developed or which could be developed as future site development to a com- mon access point. ii. The Planning Board may approve provisions for interior roadways utilizing joint access and/or egress, recognizing that the final design and permitting of access to the primary corridors is to be accomplished only through the access permit process of the Massachusetts Highway Department. The Planning Board shall have the authority to authorize the following density bonuses for abutting owners who develop interior roadways or feeder streets utilizing (continued next page) 2006 ANNUAL TOWN MEETING MOTION BOOK a common drive and curb cuts thereby eliminating per parcel access/egress point on the highway: 1. an additional five (5%) percent in the amount of lot coverage allowed by the requirements of the bylaw for an existing or proposed use; and, 2. an increase of one dwelling unit per acre for an existing or proposed resi- dential use. Applicants should notify the Massachusetts Highway Department as soon as possible of their intent to utilize the provisions of this bylaw in order to facilitate an orderly and cooperative permitting process between the Planning Board and the state high- way department; 9. The design should preserve and enhance natural features such as topography, water- ways, vegetation, and drainage ways; 10. The design should minimize impervious surfaces and incorporate other design fea- tures to minimize storm water runoff, and 11. Mixed-Use Developments should maximize pedestrian transit-oriented development. Specifically, they should use "traffic-calming" techniques liberally; provide networks for pedestrians as good as the networks for motorists; provide pedestrians and bi- cycles with shortcuts and alternatives to travel along high-volume streets, and emphasize safe and direct pedestrian connections to transit stops and other commer- cial and/or employment nodes; provide long-term, covered, bicycle parking areas; provide well-lit, transit shelters; incorporate transit-oriented design features; and es- tablish Travel Demand Management programs at employment centers. 16.6 Screening and Landscaping Requirements 1. Front Yard: The ten (10) feet nearest the street or front lot line must be landscaped and such landscaping shall not affect vehicular sight distance; 2. Side Yards: The five (5) feet nearest the side lot line must be landscaped. A waiver to the landscape requirements may be granted if one access driveway services the lot; 3. Rear Yards: The ten (10)feet nearest the rear lot lines must be landscaped; 4. Side and Rear Yards: Where a lot abuts a residential zoning district, the fifteen (15) feet nearest the side and rear lot lines must be landscaped. In addition, within ten (10) feet of the side and rear lot line, a buffer of at least eight (8) foot high trees or shrubs must be planted and maintained in a healthy condition by the owner of the property in perpetuity. A six (6) foot stockade fence must be erected along the side and rear property lines to physically separate the residential zone from the Corridor Development District areas. The Planning Board may specify the type and species of natural buffering required; and 5. Building Foundation: A minimum three (3) foot wide landscaping strip must be in- stalled along the entire length of each building foundation wall, except at points of entry/exit, lawfully required fire access points, loading/receiving bay areas, and any other structural amenities necessary and ordinary to the use of the building; 6. The Planning Board shall have final discretion in determining if sufficient landscape screening and buffering of varying depth and height has been provided. 7. All required screening, as described in items 1 through 6 above, shall be maintained in good condition at all times and in perpetuity. 16.7 Lighting and Signs 1. All outdoor lighting shall be designed so as not to adversely impact surrounding uses and residential properties, while also providing a sufficient level of illumination for 2006 ANNUAL TOWN MEETING MOTION BOOK 9 access and security purposes. Such lighting shall not blink, flash, oscillate or be of unusually high intensity of brightness; 2. Parking areas shall be illuminated to provide appropriate visibility and security dur- ing hours of darkness; 3. Any outdoor lighting fixture newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object or area to be illuminated. Light shall be directed away from residences. Where a lot abuts a residential zoning district, additional screening measures may be required at the discretion of the Planning Board; 4. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the instal- lation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties; 5. Landscape screening shall consist of planting, including evergreens, the plantings to be of such height, depth as needed to sufficiently screen from view abutting residen- tial areas any unshielded light source, either inside or outside; and 6. All signs shall conform to Section 6.6(D) Business and Industrial Districts. 16.8 Submission of a Special Permit Application and Plan Procedures for submission of application and plan: 1. The applicant shall file eight (8) copies of Corridor Development District Plan, sup- porting materials, filing and outside engineering review escrow fees, and three (3) copies of the form titled "Corridor Development District Special Permit Application" to the Planning Board. The Town Planner shall certify that the plans and materials submitted have been time stamped by the Town Clerk's Office and meet the submit- tal requirements; 2. The Planning Board, within sixty-five (65) days from receipt of the plan by the Town Clerk, shall determine whether the proposed project is generally consistent with cri- teria of the paragraph 16.1 of this Section. The Planning Board will review the plans during a public hearing process and will receive comments from the public, other Town Departments, and the applicant; 3. The applicant must follow the procedures for obtaining a Special Permit as set forth in Section 10.3 of the Zoning Bylaw; 4. If applicable, the applicant must follow the procedures for Site Plan Review under Section 8.3, Site Plan Review. 16.9 Parking Requirements The Planning Board, at its sole discretion, may waive required parking spaces if it de- termines that the permitted use may allow for less than the zoning mandated parking requirement. The Planning Board may consider one of the following in its determination: 1. The elimination of up to 25% of the required parking spaces to be constructed. 2. The elimination of up to 25% of the required parking spaces to be initially con- structed, but require an adequate area for future spaces should they be required at a later date. 3. The elimination of up to 25% of the required parking spaces to be initially con- structed, but require an adequate area for future spaces should they be required at a later date due to a change of use. 16.10 Change of Use Subsequent to Granting of Special Permit 2006 ANNUAL TOWN MEETING MOTION BOOK 10 Special Permits granted under any Corridor Development District shall be subject to a new public hearing for a new Special Permit if, in the opinion of the North Andover Town Planner, a change of use occurs and the initial Special Permit was granted a park- ing variance under Section 16.9 herein. 16.11 Use of Existing Structure on Existing Lot Upon review, the Planning Board may waive some or all of the special permit require- ments outlined herein if a proposed change of use from residential to the Corridor Development District permitted use, results in no substantial change to an existing struc- ture and is located on the same dimensional lot that existed prior to creation of any Corridor Development District. 16.12 Dimension and Density Requirements 16.12.1 Corridor Development District 1 1. Minimum lot size: 43,560 sq. ft. 2. Minimum frontage: 150 feet. 3. Maximum lot coverage including buildings, driveways, and parking areas: 70%. 4. Maximum building coverage: 50%. 5. Minimum height, not to exceed three (3) stories above ground: 35 feet. 6. Minimum building and structures front setback: 10 feet. 7. Minimum building and structures rear setback: 20 feet. 8. Minimum building and structures side setback: 15 9. Minimum building and structures where lot abuts residential zoning district: 20 feet. 10. Minimum distance between buildings: 10 feet. 11. Minimum usable open space requirements: 30% of minimum lot size. 12. Floor area ratio: 0.75:1. 13. Amending Table 1 Summary of Use Regulation to read as fol- lows.. 2006 ANNUAL TOWN MEETING MOTION BOOK 11 TABLE 1 Permitted Use Residential Business R1-3 R4 VR R5 R6 B1 B2 B3 B4 VC GB CDD Agricultural Use* Y Y Y Y Y Y Y Y Y N Y N Art Gallery N N N N SP Y Y Y Y Y Y Y Auto Service Station* N N N N N N Y* Y* N N Y N Auto &Vehicle Repair/Body Shop N N N N N N N N N N Y N Bus Garage N N N N N N N N N N Y N Business &Other Offices N N N N Y N* Y Y Y Y Y Y Car Wash N N N N N N N N N Y Y N Congregate Housing N SP N N N N N N N N N N Continuing Care Retirement Center Y* N N N N N N N N N N N Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y Y Funeral Parlor N N N N SP N Y Y N Y Y Y Golf Course Y Y Y Y Y N N N N N N N Guest House N Y Y Y Y N N N N N N N Independent Edlerly Housing Y N N N N N N N N N N N Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N Indoor Ice Skating Facility N N N N N N N N N N N N Lumber, Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N Manufacturing* N N N N N N N N N N N N Medical Center* N N N N N N Y Y Y Y Y Y Motel or Hotel N N N SP N N N N Y* N N N Multi-Family Dwellings &Apts. N N Y** Y* Y Y SP N N N N Y Municipal Recreation Area Y Y Y N Y N N N N N N Y New Car Sales* N N N N N N N Y N Y Y N Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y One-Family Dwelling Y Y Y Y Y Y N N N N N N Personal Services N N N N* SP* Y Y Y N* Y Y Y Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Printing&Reproduction N N N N SP* N Y Y Y Y Y N Private School for Profit SP SP SP SP SP N Y Y Y Y Y Y Professional Offices* N* N* N* Y* Y* Y Y Y Y Y Y Y Public Building or Use SP SP SP SP SP Y Y Y Y Y Y Y Public Garages &Accessory Buildings N N N N N N N N N N N N Public Service Corporation N N N N SP N N N N N N Y Public Sanitary Disposal Site N N N N N N N N N N N N Public Storage of Equipment N N N N N N N N N N N N Receation Area SP SP SP SP SP SP SP SP SP SP SP N Research&Development Facilities N N N N SP N N Y Y Y Y N Retail Establishment N N N N* SP Y Y Y N* Y* Y* Y Rooming House Y* Y* Y* Y* Y* N N N N N N N Taxis Depot N N N N N N Y Y N Y Y N Town House N N N Y Y N SP N N N N N Two Family Dwelling N SP* Y Y Y Y N N N N N Y Vetrinary Hospital &Kennel N N N N N N N N N N N Y Wharehousing&Wholesaling N N N N N N N N N Y Y N Day Care Center SP SP SP SP SP SP SP SP SP SP SP N SP: Allowable with a S ecial Permit onl . Note: Thi3"a# NV� i o M9WIR990 a substitute for the detailed District Use Regulations in Section 4 Ails Bylaw. * See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted TABLE I Permitted Use Residential Business Industrial RI-3 R4 VR R5 R6 BI B2 B3 B4 VC GB CDDI Il I2 I3 IS PCD Agricultural Use* Y Y Y Y Y Y Y Y Y N Y N Y Y Y Y Y Art Gallery N N N N SP Y Y Y Y Y Y Y Y Y Y N SP* Auto Service Station* N N N N N N Y* Y* N N Y N N Y* N SP N Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N N Y N N N Bus Garage N N N N N N N N N N Y N N Y N Y N Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y Y Y Y Y Car Wash N N N N N N N N N Y Y N N Y N N N Congregate Housing N SP N N N N N N N N N N N N N N SP Continuing Care Retirement Center Y* N N N N N N N N N N N N N N N N Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y Y N* N* N* SP SP* Funeral Parlor N N N N SP N Y Y N Y Y Y N N N N SP* Golf Course Y Y Y Y Y N N N N N N N Y Y Y Y Y Guest House N Y Y Y Y N N N N N N N N N N N Y Independent Edlerly Housing Y N N N N N N N N N N N N N N N N Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N N N N N N Indoor Ice Skating Facility N N N N N N N N N N N N SP SP SP N N Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N N Y Y Y N Manufacturing* N N N N N N N N N N N N Y Y Y Y N Medical Center* N N N N N N Y Y Y Y Y Y Y Y Y N N Motel or Hotel N N N SP N N N N Y* N N N N N N N SP* Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N Y N N N N SP* Municipal Recreation Area Y Y Y N Y N N N N N N Y N N N N Y New Car Sales* N N N N N N N Y N Y Y N N N N N N Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N N N N N SP One-Family Dwelling Y Y Y Y Y Y N N N N N N N N N N Y Personal Services N N N N* SP* Y Y Y N* Y Y Y N* N* N* N* N Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Printing&Reproduction N N N N SP* N Y Y Y Y Y N Y Y Y Y N Private School for Profit SP SP SP SP SP N Y Y Y Y Y Y Y Y Y Y SP Professional Offices* N* N* N* Y* Y* Y Y Y Y Y Y Y Y Y Y Y Y Public Building or Use SP SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y SP Public Garages&Accessory Buildings N N N N N N N N N N N N N N Y N N Public Service Corporation N N N N SP N N N N N N Y N N Y N N Public Sanitary Disposal Site N N N N N N N N N N N N N N Y N N Public Storage of Equipment N N N N N N N N N N N N N N Y N N Receation Area SP SP SP SP SP SP SP SP SP SP SP N SP SP SP N SP Research&Development Facilities N N N N SP N N Y Y Y Y N Y Y Y Y N Retail Establishment N N N N* SP Y Y Y N* Y* Y* Y N* N* N* N* SP* Rooming House Y* Y* Y* Y* Y* N N N N N N N N N N N Y* Taxis Depot N N N N N N Y Y N Y Y N N N N N N Town House N N N Y Y N SP N N N N N N N N N N Two Family Dwelling N SP* Y Y Y Y N N N N N Y N N N N SP* Vetrinary Hospital&Kennel N N N N N N N N N N N Y N Y N N N Wharehousing&Wholesaling N N N N N N N N N Y Y N N* Y N* Y N Day Care Center SP SP SP SP SP SP SP SP SP SP SP N SP SP SP SP SP SP: Allowable with a Special Permit only. Note: This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw. * See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure 2006 ANNUAL TOWN MEETING MOTION BOOK 13 Amending Table 2 Summary of Dimensional Requirements to read as follows: Table 2-Summary of Dimensional Requirements Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village PCD General CDD Ind. Ind. Ind. Ind. 1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 1 2 3 S Lot Area (7) Min.S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43,560 80,000 80,000 435,600 50,000 Height 17 Max(fl) 35 35 35 35 35 35 35 35 35 35 60 40' 35... 45 35 55 55 55 55 Steel Frontage (13) (13) Min ft) 175 150 125 100 85 150 150 125 125 300 200 200 300 125 150 150 150 150 150 on a ac Min.(ft) 30 30 30 30 25 30 25 30 25 100 50 50" 100 25 (1)10 50 50 100 30 Side Setback (2) (2) (3) (3) (17) (3) (3) (10) (2) Min.(fl) 30 30 20 15 15 25 15 20 25 50 50 25" 50 (2) 25 15 50 50 200 20 Rear Setback (2) (2) (3) (17) (2) (3) (3) (10) (2) Min ft) 30 30 30 30 30 30 30 30 30 50 50 25" 50 35 20 50 50 200 30 Floor Area (15) Ratio Max. N/A N/A N/A N/A N/A 0.751 0.251 0.301 0.751 0.401 1.501 N/A 0.751 N/A 0.751 0.501 0.501 0.501 0.501 0 overage Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 25% 35% 70% 35% 35% 35% 35% Dwelling Unit (12) (12) (12) Density Max/Acre N/A N/A N/A N/A 1/acre Multi-Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Townhouse (16) Open Space 25%" 30 'Two stories not to exceed 40ft. "Refer to Sections 8.1(13)and 8.4(6) See detailed District Use Regulations Please refer to footnotes for additional information Table 2-Summary of Dimensional Requirements Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village PCD General CDD Intl. Intl. Intl. Intl. 1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 1 2 3 s o[ Min.S . 87120 43560 25,000 12,500 43,560 43560 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43560 80,000 80,000 435,600 50,000 Height 17 M ax(ft) 35 35 35 35 35 35 35 35 35 35 60 4V 35 45 35 55 55 55 55 St-Frontage (13) (13) MI,(ft) 175 150 125 100 85 150 150 125 125 300 200 200 300 125 150 150 150 150 150 ont e[a Min.(ft) 30 30 30 30 25 30 25 30 25 100 50 50" 100 25 (1)10 50 50 100 30 S­­ (2) Min.(ft) 30 30 20 15 15 25 15 20 25 50 50 25" 50 (2) 25 15 50 50 200 20 e[a e Min(ft) 30 30 30 30 30 30 30 30 30 50 50 25' 50 35 20 50 50 200 30 Ratio Max. N/A N/A N/A N/A N/A 0.75.1 0 25'.1 0 30'.1 0 75'.1 0.40'.1 1.50.1 N/A 0 75'.1 N/A 0 75'.1 0.50'.1 0 50'.1 0 50'.1 0 50'.1 Lot Coverage (11) Max. N/A N/A N/A N/A N/A 20% 20% 30% 35% 30% 25% 25% 25% 35% 70% 35% 35% 35% 35% Dwelling Unit (12) (12) (12) Density Max/A- N/A N/A N/A N/A 1/acre Multi-Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Townhouse Open Space 25%" 30% *Two stories-to exceed 40ft. **Refer to Sections 8.1(13)and 8 4(6) **See detailed District Use Regulations Please refer to footnotes for additional information 2006 ANNUAL TOWN MEETING MOTION BOOK 14 Or to take any other action relative thereto. Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 15 ARTICLE 5. AMEND ZONING BYLAW - NEW ZONING DISTRICT - SECTION 16 CORRIDOR DEVELOPMENT DISTRICT 1 (CDD1). MOTION:MOVE TO ADOPT ARTICLE 5 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENTS: AMENDING SECTION 16.2 CORRIDOR DEVELOPMENT DISTRICT 1 (CDD1) - PERMITTED USES - BY DELETING THE WORDS "AND SHALL NOT EXCEED 3,000 GROSS SQUARE FEET OF BUILDING AREA". AMENDING SECTION 16.4 USES SUBJECT TO A SPECIAL PERMIT - BY DE- LETING, IN THE FIRST LINE, THE WORDS "THE FOLLOWING USES MAY BE ALLOWED IN THE CORRIDOR DEVELOPMENT DISTRICT BY GRANTING OF A SPECIAL PERMIT" AND INSERTING IN PLACE THEREOF THE FOLLOW- ING: "1. NO BUILDING OR STRUCTURE IN EXCESS OF 3,000 GROSS SQUARE FEET OF BUILDING AREA SHALL BE CONSTRUCTED, RECONSTRUCTED, ERECTED OR ALTERED IN THE CORRIDOR DEVELOPMENT DISTRICT WITHOUT THE GRANTING OF THE SPECIAL PERMIT. THE GRANTING OF THE SPECIAL PERMIT SHALL BE PURSUANT TO SECTION 8.3 AND 10.3 OF THE BYLAW AND SUBJECT TO THE FOLLOWING CONDITIONS:" AMENDING SECTION 16.10 CHANGE OF USE SUBSEQUENT TO GRANTING OF SPECIAL PERMIT - BY CHANGING THE DESIGNATION OF THE "NORTH ANDOVER TOWN PLANNER" TO "NORTH ANDOVER ZONING ENFORCE- MENT OFFICER" AND DELETING THE WORDS "PARKING VARIANCE" AND REPLACING THEM WITH "PARKING WAIVER". AMENDING SECTION 16.11 USE OF EXISTING STRUCTURE ON EXISTING LOT - BY DELETING THE WORDS "DIMENSIONAL, DENSITY, AND". AMENDING SECTION 16.12.1(5) DIMENSION AND DENSITY REQUIREMENT - BY DELETING THE WORDS "MINIMUM HEIGHT" AND REPLACING IT WITH "MAXIMUM HEIGHT". AMENDING FOOTNOTE 13 OF THE ZONING BYLAW BY INSERTING THE FOLLOWING WORDS AFTER THE FIRST SENTENCE "THIS RESTRICTION DOES NOT APPLY TO THE CORRIDOR DEVELOPMENT DISTRICT." AMENDING TABLE 1 - PERMITTED USE - MULTI-FAMILY DWELLINGS AND APARTMENTS - YES (Y) TO NO (N) AND TWO FAMILY FROM YES (Y) TO NO (N). (ADDED IN MOTION READ BY CHAIRMAN NARDELLA RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION 2006 ANNUAL TOWN MEETING MOTION BOOK 16 MOTION PRESENTER:RICHARD NARDELLA- CHAIR PLANNING BOARD OR DESIGNEE PRESENTATION FORMAT: VISUAL PRESENTATION NOTES:THE CURRENT BYLAW SECTION 16 NOW READS: SEE BELOW ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 17 Article 6. Amend Zoning Bylaw — New Zoning District, Amending Section 16—Add- ing Corridor Development District 2 (CDD2). To see if the Town will vote to amend the Section 16 of North Andover Zoning Bylaw to create and establish a second Corridor district, Corridor Development District 2 (CDD2). And in connection therewith to amend North Andover Bylaw Section 3.1 Establishment of Districts, by adding the terms "Corridor Development District 2"; and amending Table 1 & Table 2 of the Bylaw to include the summary of uses and dimensional requirements for the Corridor Development Districts. See tables below. Amend Section 16 by adding the underlined language within respective sub-sections, to read as follows: 16.3 Corridor Development District 2 (CDD2) - Permitted Uses In the Corridor Development District 2, no building or structure shall be reconstructed, erected, altered or used for any other purpose than the following and shall not exceed 3,000 gross square feet of building area: 1. Retail uses provided there is no outdoor sales or storage of materials and products. However, auto sales and repair are not allowed. 2. Restaurants excluding drive-through facilities. 3. Personal service establishments. 4. Indoor recreation, fitness, and health care facility. 5. Indoor place of amusement or assembly. 6. Public building or use and Public Service Corporation. 7. Professional offices including, but not limited to banks, real estate offices, insurance offices, physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through facilities are permitted with these uses. 8. Art Gallery 9. Cultural Center or Museum. 10. Place of worship. 11. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent (50%) of the rg oss square feet for a two (2) story building and se- venty-five percent (75%) of the gross square feet for a three (3) story building_ 12. Farming, Livestock, Animal Care: a. Farming of field crops and row crops, truck ark dens, orchards, plant nurseries, and greenhouses. b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size, the keeping of one (1) additional animal or bird up to a maximum of five (5) animals; but not the keeping of any animals, birds, or pets of persons not resident on such lot. c. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries d. The sale of products raised as a result of the above uses on the subject land. 16.4 Uses Subject to a Special Permit 2006 ANNUAL TOWN MEETING MOTION BOOK 18 The following uses may be allowed in the Corridor Development Districts by granting of a Special Permit pursuant to Section 8.3 and 10.3 of the Bylaw: 2. For outdoor storage, display, and sales of materials, products and goods in connec- tion with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent (20%) within CDD1 and thirty percent (30%) within CDD2 of the indoor principal use devoted to retail sales. 16.12.2 Corridor Development District 2 1. Minimum lot size: 87,120 sq. ft. 2. Minimum frontage: 250 feet. 3. Maximum lot coverage including buildings, driveways, and parking areas: 70%. 4. Maximum building coverage: 40%. 5. Minimum height, not to exceed three (3) stories above ground: 35 feet. 6. Minimum building and structures front setback: 10 feet. 7. Minimum building and structures rear setback: 25 feet. 8. Minimum building and structures side setback: 15 9. Minimum building and structures where lot abuts residential zoning district: 20 feet. 10. Minimum distance between buildings: 10 feet. 11. Minimum usable open space requirements: 30% of minimum lot size. 12. Floor area ratio: 0.75:1. 2006 ANNUAL TOWN MEETING MOTION BOOK 19 I I I I I I I I Amending Table 1 Summary of Use Regulation to read as follows: I I TABLE 1 Permitted Use Residential Business Industrial T I RI-3 R4 VR R5 R6 BI B2 B3 B4 VC GB CDD1 CDD2 I1 12 6 IS PCD Agricultural Use* Y Y Y Y Y Y Y Y Y N Y N Y Y Y Y Y Art Gallery N N N N SP Y Y Y Y Y Y Y Y Y Y N SP* Auto Service Station* N N N N N N Y* Y* N N Y N N N Y* N SP N Auto&Vehicle Repair/Body Shop N N N N N N N N N N Y N N N Y N N N Bus Garage N N N N N N N N N N Y N N N Y Y N Business&Other Offices N N N N Y N* Y Y Y Y Y Y Y Y Y Y Y I Car Wash N N N N N N N N N Y Y N N N Y N N N Congregate Housing N SP N N N N N N N N N N N N N N N SP Continuing Care Retirement Center Y* N N N N N N N N N N N N N N A N N Eating&Drinking Establishment N N N N* SP* N* Y Y N* Y Y Y Y N* N* �'* SP SP* I Funeral Parlor N N N N SP N Y Y N Y Y Y Y N N N SP* Golf Course Y Y Y Y Y N N N N N N N N Y Y V Y Y Guest House N Y Y Y Y N N N N N N N N N N A N Y Independent Edlerly Housing Y N N N N N N N N N N N N N N N N Indoor Place of Amusement or Assembly N N N N N N Y Y N Y Y N Y N N �V N N I Indoor Ice Skating Facility N N N N N N N N N N N N Y SP SP 9P N N Lumber,Fuel Storage or Contractor's Yard N N N N N N N N N Y Y N N N Y V Y N Manufacturing* N N N N N N N N N N N N N Y Y Y N Medical Center* N N N N N N Y Y Y Y Y Y Y Y Y N N I Motel or Hotel N N N SP N N N N Y* N N N Y N N N N SP* Multi-Family Dwellings&Apts. N N Y** Y* Y Y SP N N N N Y Y N N N N SP* Municipal Recreation Area Y Y Y N Y N N N N N N Y Y N N A N Y New Car Sales* N N N N N N N Y N Y Y N N N N U N N I Non-Profit School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y I Nursing&Convalescent Homes* SP SP SP SP SP N N N Y N N N N N N N N SP One-Family Dwelling Y Y Y Y Y Y N N N N N N N N N A N Y Personal Services N N N N* SP* Y Y Y N* Y Y Y Y N* N* * N* N Places of Worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y y Y Y Printing&Reproduction N N N N SP* N Y Y Y Y Y N Y Y Y V Y N Private School for Profit SP SP SP SP SP N Y Y Y Y Y Y Y Y Y Y Y SP Professional Offices* N* N* N* Y* Y* Y Y Y Y Y Y Y Y Y Y Y Y ; Public Building or Use SP SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y SP Public Garages&Accessory Buildings N N N N N N N N N N N N N N N V N N Public Service Corporation N N N N SP N N N N N N Y Y N N i N N Public Sanitary Disposal Site N N N N N N N N N N N N N N N N N Public Storage of Equipment N N N N N N N N N N N N N N N N N ; Receation Area SP SP SP SP SP SP SP SP SP SP SP N Y SP SP 9P N SP Research&Development Facilities N N N N SP N N Y Y Y Y N N Y Y V Y N Retail Establishment N N N N* SP Y Y Y N* Y* Y* Y Y N* N* h4* N* SP* Rooming House Y* Y* Y* Y* Y* N N N N N N N N N N N Y* Taxis Depot N N N N N N Y Y N Y Y N N N N N N ' I Town House N N N Y Y N SP N N N N N N N N N N N Two Family Dwelling N SP* Y Y Y Y N N N N N Y Y N N Did N SP* Vetrinary Hospital&Kennel N N N N N N N N N N N Y Y N Y N N Wharehousing&Wholesaling N N N N N N N N N Y Y N N N* Y Y N I Day Care Center SP SP SP SP SP SP SP SP SP SP SP N N SP SP 9P SP SP SP: Allowable with a Special Permit only. I I Note: This Chart is for summary information purposes only and is not a substitute for the detailed District ; Use Regulations in Section 4 of this Bylaw. * See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure I I I I I 1 1 I I I I I 1 1 I 2006 ANNUAL TOWN MEETING MOTION BOOK 20 I I 1 � 1 � I Amending Table 2 Summary of Dimensional Requirements to read as follows- Table 2-Summary of Dimensional Requirements I Res. Res. Res. Res. Village Res. Res. Bus. Bus. Bus. Bus. Village PCD General CDD CDD Intl. Iptl. Intl. Ind.: I 1 2 3 4 Res. 5 6 1 2 3 4 Comm. Bus. 1 2 1 Q 3 S I 1 Lot Area (7) I Min.S.F. 87,120 43,560 25,000 12,500 43,560 43,560 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43,560 87,120 80,000 80!000 435,600 50,0017 Height 17 Max(R) 35 35 35 35 35 35 35 35 35 35 60 40* 35*** 45 35 35 55 65 55 551 Steet Frontage (13) (13) Min(ft) 175 150 125 100 85 150 150 125 125 300 200 200 300 125 150 250 150 1b0 150 1501 Front Setback (8) (17)(1) (10) 1 Min.(R) 30 30 30 30 25 30 25 30 25 100 50 50** 100 25 (1)10 (1)10 1 50 1 0 100 301 Side Setback (2) (2) (3) (3) (17) (3) J3) —(1 OF (2) Min.(R) 30 30 20 15 15 25 15 20 25 50 50 25** 50 (2) 25 15 15 50 0 200 201 I Rear Setback (2) (2) (3) (17) (2) (3) 1(3) (10) (2) Min(R) 30 30 30 30 30 30 30 30 30 50 50 25** 50 35 20 25 50 50 200 301 I I Floor Area (15) 1 I Ratio Max. N/A N/A N/A N/A N/A 0.751 0.25:1 0.30:1 0.75:1 0.40:1 1.50:1 N/A 0.75:1 N/A 0.75:1 0.75:1 0.50:1 0.50:1 0.501 0.501 I Lot Coverage I (11) Max. N/A N/A N/A N/A N/A 20,4 20% 30% 35% 30% 25% 25% 25% 35% 70% 70% 35% 36% 35% 35,41 Dwelling Unit (12) (12) (12) 1 Density Max/Acre N/A N/A N/A N/A 1/acre Multi-Family 9/acre N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A O/A N/A N/A' Townhouse (16) Open Space 25%** 30,4 30A 1 *Two stories not to exceed 40R. **Refer to Sections 8.1(13)and 8.4(6) 1 ***See detailed District Use Regulations Please refer to footnotes for additional information I I 1 1 1 I 2006 ANNUAL TOWN MEETING MOTION BOOK 21 Or to take any other action relative thereto. Petition of the Planning Board ARTICLE 6. AMEND ZONING BYLAW — NEW ZONING DISTRICT, AMEND- ING SECTION 16—ADDING CORRIDOR DEVELOPMENT DISTRICT 2 (CDD2). MOTION: MOVE TO ADOPT ARTICLE 6 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENTS: Amending Section 16.3 Corridor Development District 2 (CDD2)—Permitted Uses— by deleting the "and shall not exceed 3,000 gross square feet of building area:" Amending Section 16.3 Corridor Development District 2 (CDD2)—Permitted Uses— by inserting the following subparagraph "13. Fence businesses, fence contractor's yard, sales of sheds, swings sets and like equipment and supplies, including outdoor sales and outdoor storage of material, equipment, and supplies." Amending Section 16.12.2(5) Dimension and Density Requirement — by deleting the words "Minimum height" and replacing it with "Maximum height". Amending Table 1 Summary of Use Regulation to allow Lumber, Fuel Storage or Con- tractor's Yard as a permitted use within the Corridor Development District 2 (CDD2) RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA-PLANNING BOARD CHAIR PRESENTATION FORMAT: POWERPOINT-LINCOLN DALEY-TOWN PLAN- NER. NOTES: THE CURRENT BYLAW SECTION 8.7 NOW READS: 16.3 Corridor Development District 2 (CDD2) - Permitted Uses In the Corridor Development District 2, no building or structure shall be recon- structed, erected, altered or used for any other purpose than the following and shall not exceed 3,000 gross square feet of building area: 1. Retail uses provided there is no outdoor sales or storage of materials and prod- ucts. However, auto sales and repair are not allowed. 2. Restaurants excluding drive-through facilities. 2006 ANNUAL TOWN MEETING MOTION BOOK 22 3. Personal service establishments. 4. Indoor recreation, fitness, and health care facility. 5. Indoor place of amusement or assembly. 6. Public building or use and Public Service Corporation. 7. Professional offices including, but not limited to banks, real estate offices, in- surance offices, physician offices, dentists, attorneys, architects, engineers or accountants. No drive-through facilities are permitted with these uses. 8. Art Gallery 9. Cultural Center or Museum. 10. Place of worship. 11. Same-structure/On-site Mixed Use Developments a. Residential uses shall not be located on the first floor of a structure or building. b. Apartments and condominiums shall be allowed where such use is not more than fifty percent (50%) of the gross square feet for a two (2) story building and seven- ty-five percent (75%) of the gross square feet for a three (3) story building. 12. Farming, Livestock, Animal Care: a. Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and greenhouses. b. On any lot of at least three (3) acres, the keeping of a total of not more than three (3) of any kind or assortment of animals or birds in addition to the household pets of a family living on such lot, and for each additional acre of lot size, the keeping of one (1) additional animal or bird up to a maximum of five (5) animals; but not the keeping of any animals, birds, or pets of persons not resident on such lot. C. On any lot of at least five (5) acres, the keeping of any number of animals or birds regardless of ownership and the operation of equestrian riding academies, stables, stud farms, dairy farms, and poultry batteries d. The sale of products raised as a result of the above uses on the subject land. 13. Fence businesses, fence contractor's yard, sales of sheds, swings sets and like equipment and supplies, including outdoor sales and outdoor storage of material, equipment, and supplies. 16.4 Uses Subject to a Special Permit 2. For outdoor storage, display, and sales of materials, products and goods in con- nection with retail uses and provided: a. Permissible area of land devoted to the specially permitted outdoor use may not exceed twenty percent (20%) within CDD1 and thirty percent (30%) within CDD2 of the indoor principal use devoted to retail sales. 16.12.2 Corridor Development District 2 1. Minimum lost size: 87,120 sq. ft. 2. Minimum frontage: 250 feet. 3. Maximum lot coverage including buildings, driveways, and parking areas: 70%. 4. Maximum building coverage: 40%. 5. Maximum height, not to exceed three (3) stories above ground: 35 feet. 6. Minimum building and structures front setback: 10 feet. 7. Minimum building and structures rear setback: 25 feet. 8. Minimum building and structures side setback: 15 2006 ANNUAL TOWN MEETING MOTION BOOK 23 9. Minimum building and structures where lot abuts residential zoning district: 20 feet. 10. Minimum distance between buildings: 10 feet. 11. Minimum usable open space requirements: 30% of minimum lot size. 12. Floor area ratio: 0.75:1. And in connection therewith to amend North Andover Bylaw Section 3.1 Establish- ment of Districts, by adding the terms "Corridor Development District 2"; and amending Table 1 & Table 2 of the Bylaw to include the summary of uses and dimen- sional requirements for the Corridor Development Districts. See tables below. Amending Table 1 Summary of Use Regulation to read as follows: SEE ARTICLE ABOVE Amending Table 2 Summary of Dimensional Requirements to read as follows: SEE ARTICLE ABOVE ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 24 Article 7. Rezone Turnpike Street— Corridor Development District 1 (CDD1). To see if the Town will vote to amend the Zoning Map of the Town of North Andover, pur- suant to Section 3.2 of the Zoning Bylaw, to rezone the below parcels from their current zoning designation to the Corridor Development District 1 as follows: To rezone twelve (12) parcels with land fronting 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 Map 98D, Lot 46 (0 Turnpike Street, property southeast of Country Side Realty) and consisting of approximately 20.2 acres. These twelve parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels with corresponding current zoning desig- nations: To change the current zoning designation of Residential 6 to the Corridor Development Dis- trict 1 (CDD 1): 633 Turnpike Street-Map 25, Parcel 5 607 Turnpike Street-Map 25, Parcel 6 599 Turnpike Street-Map 25, Parcel 7 591 Turnpike Street-Map 25, Parcel 8 224 Hillside Street- Map 25, Parcel 20 625 Turnpike Street-Map 25, Parcel 43 ➢ To change the current zoning designation of Village Commercial (VC) to the Corridor Development District 1 (CDD1): 633 Turnpike Street-Map 25, Parcel 44 643 Turnpike Street-Map 25, Parcel 50 ➢ To change the current zoning designation of General Business (GB) to the Corridor De- velopment District 1 (CDD1): Turnpike Street-Map 25, Parcel 4 651 Turnpike Street-Map 25, Parcel 53 0 Turnpike Street-Map 98D, Parcel 46 707 Turnpike Street-Map 98D, Parcel 47 Or to take other action relative thereto. Vote: 2/3rds Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 25 o yF NT ZG 98C-28 NT�� 98C-61 D Z O 98C-27 G 25-08 A 25.0 TG� `}S�¢ 5.46 yA�F `9d,✓ N N $ ST Yg Tart" N 4h PcF F T w 9 98D-21 98D-0 Alf,, 98D-56 �h 98D-0 25-04 98D-4 98D-38 98D-57 98D46 98D-40 Vd14"D�SSR��t ARTICLE 7. REZONE TURNPIKE STREET - CORRIDOR DEVELOPMENT DIS- TRICT 1 (CDD1). MOTION: MOVE TO ADOPT ARTICLE 7 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA- CHAIR- PLANNING BOARD PRESENTATION FORMAT: POWERPOINT - LINCOLN DALEY -TOWN PLANNER NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 26 Article 8. Rezone Turnpike Street— Corridor Development District 2 (CDD2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover, pur- suant to Section 3.2 of the Zoning Bylaw, to rezone the below parcels from their current zoning designation to the Corridor Development District 2 as follows: To rezone fourteen (14) parcels with land fronting Turnpike Street and certain parcels that are located within 200 feet of Turnpike Street from the intersection of Hillside Road and Turnpike Street starting at 190 Hillside Road to and including 740 Turnpike Street (Mr. Sudzy Carwash) and consisting of approximately 15.9 acres. These fourteen parcels of land are shown with the following street address and on the Town of North Andover Assessors Map as map and parcels with corresponding current zoning de- signations: ➢ To change the current zoning designation of Residential 3 (R3) to the Corridor Devel- opment District 2 (CDD2): 182 Hillside Road -Map 98C, Parcel 27 190 Hillside Road -Map 98C, Parcel 28 582 Turnpike Street-Map 98C, Parcel 61 0 Innis Street—Map 98D, Parcel 31 642 Turnpike Street-Map 98D, Parcel 37 ➢ To change the current zoning designation of Business 1 (BI) to the Corridor Develop- ment District 2 (CDD2): 311 Chestnut Street- Map 98D, Parcel 49 25 Saville Street -Map 98D, Parcel 6 0 Saville Street -Map 98D, Parcel 7 ➢ To change the current zoning designation of Industrial 1 (I1) to the Corridor Develop- ment District 2 (CDD2): 0 Booth Street-Map 98D, Parcel 20 674 Turnpike Street-Map 98D, Parcel 21 ➢ To change the current zoning designation of Village Commercial (VC) to the Corridor Development District 2 (CDD2): 0 Turnpike Street-Map 98D, Parcel 38 740 Turnpike Street-Map 98D, Parcel 40 0 Turnpike Street-Map 98D, Parcel 56 0 Turnpike Street-Map 98D, Parcel 57 Or to take any other action relative thereto. Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 27 Cy T2 G� J 98G-28 98G-69.... 98C.27 25-OS 25-07 6 25-0 y'Oi9 S, 7o Q� ��sr � ,�� CP 98#-21 8 t 96 @-0 25-04 651 Turnpike Street Article 9 980-46 980-40 YJS�tOw STREET 90 c.2 98C4 90C 27 25 91 i- ti 4P. h FT4 ,yam S o 4 i !f _ �2 ��� � "✓ i S° 'V. fi'! . 996:58 ,�� ,:�� f" �•---- /' r � t < /w"�ow sTa 651 Turnpike Street Article 9 2006 ANNUAL TOWN MEETING MOTION BOOK 28 ARTICLE 8. REZONE TURNPIKE STREET - CORRIDOR DEVELOPMENT DIS- TRICT 2 (CDD2). MOTION: MOVE TO ADOPT ARTICLE 8 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA - CHAIR- PLANNING BOARD PRESENTATION FORMAT: POWERPOINT - LINCOLN DALEY - TOWN PLANNER NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 29 Article 9. Maintain Current Zoning Classification— 651 Turnpike Street. To see if the Town will vote to maintain the current General Business (GB) classification on the property located at 651 Turnpike Street. This property was rezoned General Business (GB) at last year's May 2005 Annual Town Meeting. The property consists of 45,000 square feet, or 1.03 acres of land. A description of the prop- erty 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 current General Business (GB) classification is consistent with the public policy consid- erations of Chapter 40 (A) of the Massachusetts General Laws. The General Business Classification permits the most appropriate use of the land and promoted the health, safety, and welfare of the Town's residents. Petition of George S. Hajjar and others ARTICLE 9. MAINTAIN CURRENT ZONING CLASSIFICATION — 651 TURN- PIKE STREET. MOTION: MOVE TO "REFER BACK TO THE PLANNING BOARD". RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: PETITIONER-SCOTT HAJJAR OR ROSEMARY CON- NELLY SMEDILE IF PETITIONER NOT AT MEETING. PRESENTATION FORMAT: VERBAL NOTES: UPDATE FROM PETITIONER? ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 30 Article 10. Amend General Bylaws - Various Chapters - Unified Fee Procedure. To see if the Town will vote to give the Board of Selectmen the authority to set fees and to desig- nate an enforcement agent by amending the General Bylaws as follows: CHAPTER 69 ALARM SYSTEMS Delete existing Section 69-7.1 Connection Fees, and replace with the following: Section 69-7.1. Connection Fees: Each alarm user shall on or before October 1st of each year remit to the Fire De- partment 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. Add the following new paragraph to Section 69-14 Burglar Alarm Bylaw Violations: C. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his designee. Add the following new paragraph at the end of Section 69-7.2 Fire Alarm Bylaw Violations: I. The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his de- signee, or the Fire Chief or his designee. CHAPTER 77 BUILDING CONSTRUCTION Delete existing Section 77-1 Building Permit Fees, Exclusive of Mechanical and Utility Fees, and replace with the following: Section 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 con- struction. B. Fees for new construction at a rate per thousand dollars of estimated cost of con- struction 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 2006 ANNUAL TOWN MEETING MOTION BOOK 31 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 Man- ager 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. CHAPTER 88 DOGS Delete existing Section 88-5 License Fees, and replace with the following: Section 88-5. License Fees: All dogs six (6) months old or older must be licensed and tagged. All dog license fees shall be established by the Board of 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. Delete Paragraph B from Section 88-2 Impoundment; Redemption Fee, and replace with the following: 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. CHAPTER 101 FEES Delete existing Section 101-1 Establishment of Fees, and replace with the following: Section 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. 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. CHAPTER 127—JUNK DEALERS Delete existing Section 127-1 License Required; Fee; Duration, and replace with the follow- ing: Chapter 127-1. License Required; Fee; Duration: No person shall keep a shop for purchase, sale or barter of junk, old metal or second- hand 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 2006 ANNUAL TOWN MEETING MOTION BOOK 32 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. CHAPTER 130 LITTERING Add the following new paragraph to Section 130-2, Littering, Violation and Penalties: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his de- signee. CHAPTER 158 SOLICITATION Delete existing Section 158-5 Registration Fee, and replace with the following: Section 158-5. Registration Fee: 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. Add the following new sentence at the end of existing section 158-12 Enforcement of Solici- tation bylaw—Penalty The enforcement agent for purposes of this bylaw shall be the Police Chief or his de- signee. CHAPTER 161 STREETS AND SIDEWALKS Add the following new paragraph to Section 161-5 Leaf Regulations—Penalties: The Enforcement Agent for purposes of this Bylaw shall be the Police Chief or his de- signee. Or to take any other action relative thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 33 ARTICLE 10. AMEND GENERAL BYLAWS - VARIOUS CHAPTERS - UNIFIED FEE PROCEDURE. MOTION: MOVE TO ADOPT ARTICLE 10 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE- CHAIR- BOS PRESENTATION FORMAT: VERBAL-TOWN MANAGER NOTES: TOWN MANAGER WILL RESPOND TO NEED IF QUESTIONED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 34 Article 11. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman, per annum, in addition $300 School Committee, per person, per annum $2,000 Chairman, per annum, in addition $300 Moderator, For Annual Town Meeting $100 For each Special Town Meeting $50 or to take any other action relative thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 35 ARTICLE 11. COMPENSATION OF ELECTED OFFICIALS. SELECTMAN - MAIN MOTION: MOVE TO ADOPT ARTICLE 11 AS PRINTED IN THE WARRANT. FINANCE COMMITTEE MOTION: MOVE TO FIX AND PROVIDE (ZERO) "0" SALARY OR COMPENSATION TO THE ELECTED OFFICERS OF THE TOWN, AS PROVIDED BY SECTION 32B SECTION 2 (D) AND SECTION 108 OF CHAPTER 41 OF THE MASSACHUSETTS GENERAL LAWS. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE-CHAIRMAN- BOS - MAIN MOTION FINANCE COMMITTEE MOTION PRESENTER: KEITH A. MITCHELL. CHAIRMAN PRESENTATION FORMAT: VERBAL-PRESENTATION NOTES: SELECTMAN LICCIARDELLO AND CHARLES A. SALISBURY WILL RESPOND. MODERATOR TO STEP DOWN AND NAME ALTERNATE MODERATOR. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 36 Article 12. 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 rela- tive thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 37 ARTICLE 12. AMEND GENERAL FUND APPROPRIATION FOR FISCAL YEAR 2006. MOTION: MOTION: MOVE TO AMEND THE GENERAL FUND APPROPRI- ATION FOR FISCAL YEAR 2006 AS VOTED UNDER ARTICLE 8 OF THE MAY 9, 2005 ANNUAL TOWN MEETING AND ARTICLE 1 OF THE DECEMBER 5, 2005 SPECIAL TOWN MEETING BY: * INCREASING GENERAL GOVERNMENT BY $11,437 FOR A RE- VISED TOTAL OF $2,337,278 * INCREASING PUBLIC SAFETY BY $17,130 FOR A REVISED TO- TAL OF $8,002,514 * INCREASING SNOW & ICE REMOVAL BY $102,726 FOR A RE- VISE TOTAL OF $788,256 * DECREASING ALL OTHER PUBLIC WORKS BY $71,509 FOR A REVISED TOTAL OF $2,829,246 * INCREASING HEALTH AND HUMAN SERVICES BY $25,394 FOR A REVISED TOTAL OF $717,862 * DECREASING CULTURE AND RECREATION BY $17,264 FOR A RE- VISED TOTAL OF $714,938 * DECREASING EMPLOYEE BENEFITS BY $48,944 FOR A REVISED TOTAL OF $8,962,200 * DECREASING LIABILITY INSURANCE BY $18,970 FOR A REVISED TOTAL OF 335,277 FOR A TOTAL NET CHANGE OF ZERO. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL - CHAIRMAN - FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL - PLEASE READ APPROPRIATIONS AND CHANGES INTO THE RECORD. NOTES: NEED FOR HANDOUT. ***MAJORITY VOTE REQUIRED*** 2006 ANNUAL TOWN MEETING MOTION BOOK 38 VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 39 Amount Changes Voted Un- Voted un- der Article der Article Revised 8 5-9-05 1 12-5-05 Total after Beginning Amended Under Article 8 ATM STM STM Changes Revised Total General Government 2,325,841 0 2,325,841 11,437 2,337,278 Public Safety 71964,384 21,000 7,985,384 17,130 8,002,514 School Department 31,242,201 0 31,242,201 0 31,242,201 Greater Lawrence Technical School 103,605 46,956 150,561 0 150,561 School Building Committee 13,000 0 13,000 0 13,000 Snow& Ice Removal 685,530 0 685,530 102,726 788,256 II Other Public Works 2,921,755 -21,000 2,900,755 -71,509 2,829,246 Health and Human Services 692,468 0 692,468 25,394 717,862 Culture and Recreation 732,202 0 732,202 -17,264 714,938 Debt Service 9,194,561 427,074 9,621,635 0 9,621,635 Employee Benefits 9,062,563 -51,419 9,011,144 -48,944 8,962,200 Liability Insurance 1 354,247 0 354,247 -18,970 335,277 Finance Committee Reserve Fund 1 50,000 0 50,000 0 50,000 Total Changes 65,342,357 422,611 65,764,968 0 65,764,968 2006 ANNUAL TOWN MEETING MOTION BOOK 40 Article 13. 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. Petition of the Board of Selectmen ARTICLE 13. AMEND STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2006. MOTION: MOVE TO AMEND THE STEVENS ESTATE AT OSGOOD HILL EN- TERPRISE FUND APPROPRIATION FOR FISCAL YEAR 2006 AS VOTED UNDER ARTICLE 13 OF THE MAY 9, 2005 ANNUAL TOWN MEETING AND ARTICLE 3 OF THE DECEMBER 5, 2005 SPECIAL TOWN MEETING BY: INCREASING PERSONNEL BY $14,857 FOR A REVISED TOTAL OF $180,201 INCREASING EXPENSES BY $38,915 FOR A REVISED TOTAL OF $275,714 AND INCREASING ADMIN/INDIRECT BY $1,272 FOR A REVISED TOTAL OF $65,000 AMENDMENTS RESULTING IN A TOTAL NET CHANGE OF $55,044. STEVENS ESTATE Changes at OSGOOD HILL Amount Voted Voted under Revised Under Article 13 Article 3 Total REVISED at 5/9/05 ATM 12/5/05 STM' After STM' Changes TOTAL Personnel 155,344 10,000 165,344 14,857 180,201 Expenses 196,799 40,000 236,799 38,915 275,714 Capital 0 0 0 0 0 Reserve Fund 0 0 0 0 0 2006 ANNUAL TOWN MEETING MOTION BOOK 41 Debt Service 0 0 0 0 0 Sub-Total Direct Expenditures 352,143 50,000 402,143 53,772 455,915 Admin/Indirect 63,728 0 63,728 1,272 65,000 Total Stevens Estate Enterprise 415,871 50,000 465,871 55,044 520,915 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: MO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL — CHAIRMAN — FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 42 Article 14. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or other- wise 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 ARTICLE 14. PRIOR YEARS UNPAID BILLS. MOTION: MOVE TO AUTHORIZE PAYMENT OF THE FOLLOWING BILLS OF PRIOR YEARS FROM CURRENT YEAR'S APPROPRIATIONS: Vendor Amount Department Bay State Gas 286.63 Police Verizon 334.37 Water Dept FOR A TOTAL OF $ 621.00 RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING MOTION PRESENTER: KEITH A. MITCHELL — CHAIRMAN — FINANCE COMMITTEE PRESENTATION FORMAT: VERBAL NOTES: ***4/5 (FOUR-FIFTHS) VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 43 Article 15. Fund Collective Bargaining Agreement between the Town of North Andov- er and the Police Lieutenants' Collective Bargaining Unit. To see if the Town will vote to raise and appropriate, or appropriate from any available funds, a sum of money for the purpose of funding the arbitration award in Case No. JLMC-05-55PS for police lieutenants in the International Brotherhood of Police Officers (IBPO), Local 454 for the period of July 1, 2004 through June 30, 2007;or take any other action relative thereto. Petition of the Board of Selectmen ARTICLE 15. FUND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND THE POLICE LIEUTENANTS' COL- LECTIVE BARGAINING UNIT. MOTION: MOVE TO APPROVE, AS NECESSARY, THE APPROPRIATION FROM AVAILABLE FUNDS FOR THE ECONOMIC COST ITEMS CONTAINED IN THE ARBITRATION AWARD IN CASE NO. JLMC-05-55PS FOR POLICE LIEUTENANTS IN THE IBPO LOCAL 454 BARGAINING UNIT, INCLUDING FOR FISCAL YEAR 2005 SALARIES AND WAGES THE SUM OF $7,393.27 RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE— CHAIR- BOS PRESENTATION FORMAT: VERBAL NOTES: RAY SANTILLI WILL RESPOND. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 44 Article 16. Fund Collective Bargaining Agreement between the Town of North Andov- er and the Sergeants and Patrol Officers' Bargaining Unit or Units. To see if the Town will vote to raise and appropriate, or appropriate from available funds, a sum of money for the purpose of funding a collective bargaining agreement or agreements between the Town of North Andover and the duly certified collective bargaining representative or representa- tives, or any successor collective bargaining organizations, representing police officers and/or sergeants, for the period of July 1, 2004 through June 30, 2007; or to take any other action relative thereto. Petition of the Board of Selectmen ARTICLE 16. FUND COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND THE SERGEANTS AND PATROL OF- FICERS' BARGAINING UNIT OR UNITS. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 16. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE— CHAIR- BOS PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 45 Article 17. Mosquito Control Program. To see if the Town will vote to rejoin the North- east 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. Petition of the Board of Health ARTICLE 17. MOSQUITO CONTROL PROGRAM MOTION: MOVE THAT THE TOWN REJOIN THE NORTHEAST MOSQUITO CONTROL DISTRICT TO ADDRESS MOSQUITO CONTROL. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: DR. THOMAS TROWBRIDGE— CHAIRMAN—BOARD OF HEALTH PRESENTATION FORMAT: VERBAL NOTES: NO BUDGET IMPACT. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 46 Article 18. General Fund Appropriation Fiscal Year 2007. To see if the Town will vote to raise and appropriate, transfer from available funds or other- wise 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 2006 ANNUAL TOWN MEETING MOTION BOOK 47 MAIN MOTION: FINANCE COMMITTEE —KEITH A. MITCHELL-CHAIR MOVE TO RAISE AND APPROPRIATE FUNDS FOR THE FISCAL YEAR 2007 GENERAL FUND AS FOLLOWS: General Fund Appropriation Finance Committee (5/25/06) General Government 2,351,846 Public Saf6ty 8,254,909 School Department 81,694,143 Greater Lawrence,Technical School 236,040 School Building Conrnittee 22,0©0 Sniiw& Ice Removal 685,530 II Other Public Works 3,234,338 Health and Human Services 696,646 Culture and Recreation 71'8,934 Debt Service 9,�96,741 Employee Benefits 1©,168,518 Liability Insurance 416,516 Capital and'Reserves 0 Total Town Meeting Appropriation 67,874,081 And further to transfer to the General Fund $751,356 from the NESWC Dissolution Account $150,000 from the Bond Premium Account $300,000 from Surplus Overlay $ 17,928 from the Trash Fee Stabilization Fund and $65,267 from free cash to reduce the tax rate. MOTION BY ALFRED M. PERRY— CHAIR-SCHOOL COMMITTEE MOTION: MOVE TO REPLACE FINANCE COMMITTEE MOTION BY • INCREASING GENERAL GOVERNMENT BY $28,190 FOR A NEW REVISED TOTAL OF $2,380,0369 • INCREASING PUBLIC SAFETY BY $7,172 FOR A NEW REVISED TOTAL OF $8926290819 • INCREASING SCHOOL DEPARTMENT BY $1,426,327 FOR A NEW REVISED TOTAL OF $33911694309 • INCREASING ALL OTHER PUBLIC WORKS BY $25,777 FOR A NEW RE- VISED TOTAL OF $3926091159 • INCREASING HEALTH AND HUMAN SERVICES BY $55,176 FOR A NEW REVISED TOTAL OF $75198229 2006 ANNUAL TOWN MEETING MOTION BOOK 48 • INCREASING CULTURE AND RECREATION BY $26,773 FOR A NEW RE- VISED TOTAL OF $745,707 FOR A TOTAL NET INCREASE OF $1,569,415. General Fund Appropriation Finance Committee (5/25/06) Minority Report Difference General Government 2,351,846 2,380,036 28;190 Public Saf6ty 8;254,909 8,262,081 7,172 School Department 31,600,103 33;1,16,430 1,426,327 Greater Lawrence,Technical School 236,404 236,440 0 School Building Committe6 22,040 22,044 0 Sniiw& Ice Removal 685,63© 685;530 0 II Other Public Works 3;234,338 3,264,115 25,777 Health and Human Services 696,446 751,822 55,176 Culture and Recreation 718;934 745,747 26,773 Debt Service 9,348,,741 9,39,8,741 0 Employee Benefits 10,168,518 10,1,68,51,8 0 Liability Insurance 416,516 416,516 0 Capital and Reserves 0 0 0 Total Town Meeting Appropriation 67,874,081 69,443,496 1,569,415 RECOMMENDATIONS: BOARD OF SELECTMEN: FINANCE COMMITTEE: SCHOOL COMMITTEE: MOTION PRESENTER: TOWN MANAGER, CHAIRMAN — FINANCE COM- MITTEE, CHAIRMAN OF SCHOOL COMMITTEE PRESENTATION FORMAT: POWERPOINT — COMBINED PRESENTATION TOWN MANAGER, FINANCE COMMITTEE, AND SCHOOL COMMITTEE NOTES: 2006 ANNUAL TOWN MEETING MOTION BOOK 49 ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 50 Article 19. Stabilization Fund(s). To see if the Town will vote to establish any new Stabilization Fund(s), or vote appropria- tions into or out of any existing Stabilization Fund(s); or to take any other action relative thereto. Petition of the Board of Selectmen ARTICLE 19. STABILIZATION FUND(S). MOTION: NEED MOTION-DEPENDENT ON ARTICLE 18 RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN, BOS PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** ***IF "TAKE NO ACTION"—MAJORITY VOTE*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 51 Article 20. Stabilization Fund. To see if the Town will vote to transfer or appropriate funds from any Stabilization Fund(s) to the operating budgets/general fund; or to take any other action relative thereto. Petition of Diane Huster and others ARTICLE 20. STABILIZATION FUND. MOTION: PETITIONER-DIANE HUSTER RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION MOTION PRESENTER: PETITIONER—DIANE HUSTER PRESENTATION FORMAT: VERBAL NOTES: MAJORITY IF "TAKE NO ACTION" VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 52 Article 21. 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 fund- ing 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 SEWER ENTERPRISE FY07 Recommendation Town Manager FY06 Department Board of Selectmen Budget Request Finance Committee Personnel 331,603 359,606 359,606 Expenses 222,065 313,344 313,344 GLSD Assessment 1,264,982 1,298,000 1,298,000 Settlement 56,000 56,000 56,000 Debt Service 1,902,353 1,899,805 1,899,805 Sub-Total Direct Expenditures 3,777,003 3,926,755 3,926,755 Admin/Indirect 235,261 253,989 253,989 Total Sewer Enterprise 4,012,264 4,180,744 4,180,744 2006 ANNUAL TOWN MEETING MOTION BOOK 53 ARTICLE 21. SEWER ENTERPRISE FUND APPROPRIATION - FISCAL YEAR 2007. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $4,180,744, IN AGGREGATE, FOR THE PURPOSES LISTED UNDER THE COL- UMN "FY07 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE SEWER ENTERPRISE FUND, THAT $2,774,624 BE RAISED FROM SEWER RECEIPTS AND FROM THESE RECEIPTS $253,989 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EX- PENSES AND THAT $1,406,120 BE TRANSFERRED FROM SEWER ENTERPRISE FUND RETAINED EARNINGS. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL - CHAIR-FINANCE COMMIT- TEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 54 Article 22. Water Enterprise Fund Appropriation - Fiscal Year 2007. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from availa- ble 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 WATER ENTERPRISE FY07 Recommendation Town Manager FY06 Department Board of Selectmen Budget Request Finance Committee Personnel 703,192 739,310 739,310 Expenses 1,140,762 1,320,540 1,320,540 Debt Service 2,763,317 2,632,241 2,632,241 Sub-Total Direct Expenditures 4,607,271 4,692,091 4,692,091 Admin/Indirect 499,467 534,632 534,632 Total Water Enterprise 5,106,738 5,226,723 5,226,723 2006 ANNUAL TOWN MEETING MOTION BOOK 55 ARTICLE 22. WATER ENTERPRISE FUND APPROPRIATION - FISCAL YEAR 2007. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $5,226,723, IN AGGREGATE, FOR THE PURPOSES LISTED UNDER THE COL- UMN "FY07 RECOMMENDATION: TOWN MANAGER, BOARD OF SELECTMEN, FINANCE COMMITTEE" WITHOUT REGARDS TO INDIVIDUAL LINE ITEMS, AND TO OPERATE THE WATER ENTERPRISE FUND, THAT $5,172,001 BE RAISED FROM WATER RECEIPTS AND FROM THESE RE- CEIPTS $534,632 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES AND THAT $54,722 BE TRANSFERRED FROM WATER ENTER- PRISE FUND RETAINED EARNINGS. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL - CHAIRMAN - FINANCE COM- MITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 56 Article 23. 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 En- terprise 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 STEVENS ESTATE FY07 at OSGOOD HILL ENTERPRISE Recommendation Town Manager FY06 Department Board of Selectmen Budget Request Finance Committee Personnel 165,201 186,200 186,200 Expenses 236,799 218,800 218,800 Debt Service 0 0 0 Sub-Total Direct Expenditures 402,000 405,000 405,000 Admin/Indirect 65,000 83,119 83,119 Total Stevens Estate Enterprise 467,000 488,119 488,119 2006 ANNUAL TOWN MEETING MOTION BOOK 57 AMENDED STEVENS ESTATE CHART FOR ARTICLE 23 STEVENS ESTATE at OSGOOD HILL FY 07 Recommendation', Revised FY07 Tauun'Manager, Budget Department Board of Selectmen FY 06 Request Finance Committee Personnel 165,201 186,200 204,181 Expenses 236,799 218,800 247,700 Capital 0 0 0 Reserve Fund 0 0 0 Debt Service 0 0 0 Sub-Total Direct Expenditures 402,000 405,000 451,881 Admin/Indirect 65,000 83,119 83,119 Total Stevens Estate Enterprise 467,000 488,119 535,000 ARTICLE 23. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND AP- PROPRIATION - FISCAL YEAR 2007. MOTION: MOVE THAT THE TOWN APPROPRIATE THE AMOUNT OF $535,000 LISTED UNDER THE COLUMN "FY07 RECOMMENDATION: TOWN MANAG- ER, BOARD OF SELECTMEN, FINANCE COMMITTEE" AND TO OPERATE THE STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND THAT $535,000 BE RAISED FROM STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FUND AND FROM THESE RECEIPTS $83,119 BE TRANSFERRED TO THE GENERAL FUND FOR INDIRECT EXPENSES. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL — CHIARMAN — FINANCE COM- MITTEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 58 Article 24. 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 FY 2007 C I P Recommendations Line *Fund Town Manager # Project Description Code Finance Committee 1 Old Center Roadway Project B/N-G $ 391,891 2 Roadway(unaccepted) Improvements B/N-G $ 340,360 3 Mosquito Brook Drainage Improvements B/N-G $ 215,000 4 Communication Center Upgrade B/N-G $ 246,218 5 Building Repairs- Police Station B/N-G $ 114,353 6 Sidewalk Construction B/N-G $ 105,400 7 Franklin School Roof Replacement B/N-G $ 814,000 8 Ambulance Replacement B/N-G $ 158,539 9 Town/School Data Network B/N-G $ 300,000 10 Equipment-Truck-1 Ton-4 wheel drive B/N-G $ 35,000 11 Equipment-Tractor B/N-G $ 55,000 12 Equipment-Front End Loader B/N-G $ 180,000 13 Leasehold Improvements B/N-G $ 48,000 Community Development Offices General Fund Total 3,003,761 14 Waste Water Management Plan B/N-S $ 231,670 Sewer Enterprise Fund Total $ 231,670 15 Water Main Rehab B/N-W $ 110,000 16 Water Supply Security System R&A-W $ 30,000 Water Enterprise Fund Total 140,000 *Fund Codes spelled out below Funding Recommendation Code Totals Raise and Appropriate-General Fund R&A-G $0 Raise and Appropriate-Water Enterprise R&A-W $30,000 Raise and Appropriate-Sewer Enterpirse R&A-S $0 Bonds/Notes-General Fund B/N-G $3,003,761 Bonds/Notes-Water Enterprise B/N-W $110,000 Bonds/Notes-Sewer Enterprise B/N-S $231,670 Total All Capital Projects $3,375,431 2006 ANNUAL TOWN MEETING MOTION BOOK 59 MOTION: ARTICLE 24. CAPITAL IMPROVEMENT PLAN APPROPRIATION FISCAL YEAR 2007. MOTION: MOVE TO FUND THE TOWN CAPITAL IMPROVEMENT PROGRAM AS PRINTED IN THE FINANCE COMMITTEE REPORT FOR THE 2006 ANNUAL TOWN MEETING UNDER THE HEADING "FY07 CIP RECOMMENDATIONS" WITH THE FOLLOWING AMENDMENT: DELETE LINE 9, "TOWN/SCHOOL DATA NETWORK", IN THE AMOUNT OF $300,000; AND TO APPROPRIATE $3,075,431 FOR THE LISTED PROJECTS IN THE AMOUNTS AS FOLLOWS: KEITH - PLEASE READ EACH AMOUNT AND TITLE LISTED BELOW INTO THE RECORD. SEE REMAINDER OF MOTION BELOW CHART. Line # Project Description Fund Code Amount 1 Old Center Roadway Project B/N-G $ 391,891 2 Roadway (unaccepted) Improvements B/N-G $ 340,360 3 Mosquito Brook Drainage Improve- B/N-G $ 215,000 ments 4 Communication Center Upgrade B/N-G $ 246,218 5 Building Repairs - Police Station B/N-G $ 114,353 6 Sidewalk Construction B/N-G $ 105,400 7 Franklin School Roof Replacement B/N-G $ 814,000 8 Ambulance Replacement B/N-G $ 158,539 10 Equipment-Truck-1 Ton-4 Wheel Drive B/N-G $ 35,000 11 Equipment-Tractor B/N-G $ 55,000 12 Equipment-Front End Loader B/N-G $ 180,000 13 Leasehold Improvements B/N-G $ 48,000 Community Development Offices General Fund Total $ 2,703,761 14 Waste Water Management Plan B/N-S $ 231,670 Sewer Enterprise Fund Total $ 231,670 15 Water Main Rehab B/N-W $ 110,000 16 Water Supply Security System R&A-W $ 30,000 Water Enterprise Fund Total $ 140,000 • Fund Codes spelled out below Funding Source Code Totals 2006 ANNUAL TOWN MEETING MOTION BOOK 60 Raise and Appropriate - General Fund R&A-G $ - Raise and Appropriate -Water Fund R&A-W $ 30,000 Raise and Appropriate - Sewer Fund R&A-S $ - Bonds/Notes - General Fund B/N-G $ 2,703,761 Bonds/Notes -Water Fund B/N-W $ 110,000 Bonds/Notes - Sewer Fund B/N-S $ 231,670 Total All Capital Projects $ 3,075,431 REMAINDER OF MOTION AND TO MEET THIS APPROPRIATION, $30,000 SHALL BE RAISED AND APPROPRIATED FROM THE WATER EN- TERPRISE FUND, AND THE TREASURER, WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHO- RIZED TO BORROW $3,045,431 UNDER CHAPTER 44 OF THE MASSACHUSETTS GENERAL LAWS. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: The Board voted unanimously to offer a fa- vorable recommendation for line item 1 (Old Center Roadway Project), line item 2 (Roadway (unaccepted) Improvements), line item 3 (Mosquito Brook Drainage Im- provements), line item 6 (Sidewalk Construction), line item 14 (Waste Water Management Plan), line item 15 (Water Main Rehab), and line item 16 (Water Supply Security System). MOTION PRESENTER: KEITH A. MITCHELL— CHAIR—FIN. COM. PRESENTATION FORMAT: VERBAL — TOWN MANAGER AND DIVISION DI- RECTORS WILL RESPOND NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 61 Article 25. Funding for Water Storage Tanks. To see if the Town will vote to appropri- ate $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 appropria- tion 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 2006 ANNUAL TOWN MEETING MOTION BOOK 62 ARTICLE 25. FUNDING FOR WATER STORAGE TANKS. KEITH - PLEASE READ MOTION IN ITS ENTIRETY. MOTION: MOVE THAT $5,781,061 IS APPROPRIATED FOR THE CONSTRUC- TION OF WATER TANKS, INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AS DEFINED IN SECTION 1 OF CHAPTER 29C OF THE GENERAL LAWS; THAT TO MEET THIS APPROPRIATION $238,243 SHALL BE TRANS- FERRED FROM THE FOLLOWING PROJECTS IN THE AMOUNTS SET FORTH BELOW, SAID SUMS REPRESENTING EXCESS BOND PROCEEDS NOT NEEDED FOR THE COMPLETION OF THE RESPECTIVE PROJECT: Amount Proiect Date/Article Number Date of Bonds $ 9,950 Lake Cochichewick May 6, 1991 June 15, 2001 (Article 12, Section 20) $ 10,249 Sutton Hill May 4, 1992 (Article 8, Section 29) June 15, 1995 $ 103,884 Ozone Generator May 2, 1994 (Article 9, Section 12) Jan. 15, 1997 $ 96 Raw Water Wet Well May 2, 1995 (Article 11, Section 16) Sept. 1, 1998 $ 139 4 Wheel Drive Vehicle May 10, 2004 (Article 11, Section 19) June 15, 2005 $ 113,925 Bear Hill Reservoir May 10, 2004 (Article 11, Section 22) June 15, 2005 2006 ANNUAL TOWN MEETING MOTION BOOK 63 THAT $10,530 SHALL BE TRANSFERRED FROM THE FOLLOWING PROJECTS IN THE AMOUNTS SET FORTH BELOW, SAID SUMS REPRESENTING AMOUNTS RAISED AND APPROPRIATED FROM THE TAX LEVY FOR EACH PROJECT THAT ARE NOT NEEDED FOR THE RESPECTIVE PROJECT: Amount Project Date/Article Number $ 1,952 Carbon Filter Replacement June 14, 2000 (Article 14, Section 18) $ 5,927 Retile Floors June 14, 2000 (Article 14, Section 19) $ 2,538 Water Main Engineer June 14, 2000 (Article 14, Section 17) $ 113 Surface Agitation System June 14, 2000 (Article 14, Section 20); THAT THE TREASURER WITH THE APPROVAL OF THE BOARD OF SE- LECTMEN IS AUTHORIZED TO BORROW $5,532,288 UNDER CHAPTER 44 OF THE GENERAL LAWS AND/OR CHAPTER 29C OF THE GENERAL LAWS OR ANY OTHER ENABLING AUTHORITY; THAT THE TREASURER WITH THE APPROVAL OF THE BOARD OF SELECTMEN IS AUTHORIZED TO BORROW ALL OR A PORTION OF SUCH AMOUNT FROM THE MASSACHUSETTS WA- TER POLLUTION ABATEMENT TRUST ESTABLISHED PURSUANT TO CHAPTER 29C AND IN CONNECTION THEREWITH TO ENTER INTO A LOAN AGREEMENT AND/OR SECURITY AGREEMENT WITH THE TRUST AND OTHERWISE TO CONTRACT WITH THE TRUST AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION WITH RESPECT TO SUCH LOAN AND FOR ANY FEDERAL OR STATE AID AVAILABLE FOR THE PROJECT OR FOR THE FINANCING THEREOF; AND THAT THE BOARD OF SELECTMEN IS AUTHO- RIZED TO ENTER INTO A PROJECT REGULATORY AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO EXPEND ALL FUNDS AVAILABLE FOR THE PROJECT AND TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THE PROJECT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: KEITH A. MITCHELL— CHAIR—FIN. COM. PRESENTATION FORMAT: 5 MINUTE POWERPOINT- TOWN MANAGER NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 64 2006 ANNUAL TOWN MEETING MOTION BOOK 65 Article 26. 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. Revolving Fund Acc6unts Account FY 2007 Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit 1. 022-5423-3437 Youth Services Revol Assistant Town Manager All programs and Participants'fees,Grants, $ 250,000 activities,expense,part Donations,and related time help Fundraising proceeds 2. 022-4925-3077 Field Maintenance Director-Division of Public Field maintenance, Field rental fees,Grants, $ 40,000 Works upgrade and related Donations,and related expenses Fundraising proceeds 3. 022-5590-3564 Elder Services Assistant Town Manager Senior programs, Participants'fees,Grants, $ 50,000 -COA Revol classes and activities Donations,and related Fundraising proceeds 4. 022-5102-3424 Health Dept Revolving Director of Community Clinic supplies and other Clinic participant fees, $ 20,000 Development related materials Grants,Donations,and related Fundraising proceeds 5. 022-4306-3008 Wheelabrator Planning Director of Community Air quality monitoring Wheelabrator Host $ 25,000 Development Community Agreement 6. 022-4307-3083 Wheelabrator Public Director of Community To enforce Trash Truck Wheelabrator Host $ 40,000 Safety Development regulations Community Agreement 7. 022-4308-3649 Wheelabrator-Health Director of Community Protection of health, Wheelabrator Host $ 40,000 Development safety and monitoring the Community Agreement air quality 8. 022-4309-3084 Health Dept-Food Director of Community Food Consultant fees Inspection Fees $ 25,000 Inspections Development and expenses related to program 9. 022-4310-3085 Health Dept-Septic Director of Community Septic Consultant fees Inspection Fees $ 40,000 Inspections Development and expenses related to program Total: $ 530,000 Revolving Fund Account'Receipts'and Expenditures Account Balance FY05 FY05 Balance Receipts Expenditures Balance Number Revolving Fund 7/1/04 Receipts Expenditures 6/30/05 to 2/28/06 to 2/28/06 2/28/06 1. 022-5423-3437 Youth Services Revol $235,501 $222,517 $ 201,964 $256,054 $ 47,508 $ 139,588 $163,975 2. 022-4925-3077 Field Maintenance $ - $ 700 $ - $ 700 $ 26,050 $ - $ 26,750 3. 022-5590-3564 Elder Services $ 17,970 $ 15,991 $ (25,686) $ 8,275 $ 11,878 $ (14,749) $ 5,403 -COA Revol 4. 022-5102-3424 Health Dept Revolving $ 12,674 $ 19,324 $ (16,509) $ 15,489 $ 2,754 $ (3,151)1 $ 15,092 5. 022-4306-3008 Wheelabrator Planning $ 95,334 $ - $ (25,642) $ 69,692 $ - $ (13,431) $ 56,261 6. 022-4307-3083 Wheelabrator Public $ 45,342 $ 34,231 $ (7,419) $ 72,154 $ 21,305 $ (4,139) $ 89,320 Safety 7. 022-4308-3649 Wheelabrator-Health $ 37,545 $ 30,000 $ 1(27216)) $ 67,545 $ 17,500 $ (12,283) $ 72,762 8. 022-4309-3084 Health Dept-Food $ 24,740 $ 19,750 $ $ 33,430 $ 19,450 $ (9,569) $ 43,311 Inspections 9. 022-4310-3085 Health Dept-Septic $ 19,010 $ 40,868 $ $ 32,661 $ 25,495 $ (23,668) $ 34,488 Inspections $488,116 $383,380 $ (315,495) $556,001 $171,940 $ (220,579) $507,362 Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 66 ARTICLE 26. ESTABLISHMENT OF REVOLVING FUNDS. MOTION: MOVE TO ADOPT ARTICLE 26 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL-CHAIR-FIN. COM. PRESENTATION FORMAT: VERBAL - TOWN MANAGER- DIVISION DIREC- TORS TO RESPOND NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 67 Article 27. Supplemental Revolving Funds. To see if the Town will vote to authorize the establishment of supplementary revolving funds under Massachusetts General Law Chapter 44 Section 53E1/2 or similar applicable sections to allow certain Town departments to raise and expend funds to make good certain budget cuts or deficiencies in Fiscal Year 2007; or to take any other action relative thereto. Petition of Paul P. Stewart and others ARTICLE 27. SUPPLEMENTAL REVOLVING FUNDS. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 27. BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: PETITIONER—PAUL P. STEWART PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 68 Article 28. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Pre- servation 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 Commu- nity Preservation Committee; or to take any other action relative thereto. Petition of the Community Preservation Committee Description Amount Category a) Main Street Fire Station Restoration: $140,000 Historic exterior and roof repairs) Preservation b) Stevens Memorial Library Restoration: $95,500 Historic windows and roof repairs) Preservation c) Machine Shop Village Transportation $5,000 Historic Enhancements Grant Application Preservation d) Historic Town Records Restoration — $50,000 Historic Phase II Preservation e) Aplin Field (new playground) $28,500 Recreation / Open S ace f) Reynolds Field (new playground) $30,000 Recreation / Open Space g) Stevens Pond Beach Restoration (new $186,000 Recreation / bath house and rehabilitation of Open Space recreation structures h) Open Space Stewardship Program: $70,000 Recreation / (creation of trails, parking areas and Open Space information kiosks 1) Principal and interest expenses: Half $1,300,000 Open Space Mile Hill Summit and Sunnyridge Cullen Property) j) Reserve for Future Expenditures $228,400 Affordable Housin k) Administrative Costs $5,000 Administration Total 2007 Appropriations $2,138,400 2006 ANNUAL TOWN MEETING MOTION BOOK 69 ARTICLE 28. REPORT OF THE COMMUNITY PRESERVATION COMMITTEE AND APPROPRIATION FROM THE COMMUNITY PRESERVATION FUND. MOTION: MOVE TO RECEIVE THE REPORT OF THE COMMUNITY PRE- SERVATION COMMITTEE AND THAT THE TOWN WILL RAISE AND APPROPRIATE $2,138,400 FROM THE FISCAL 2007 COMMUNITY PRESER- VATION FUND REVENUES IN ACCORDANCE WITH THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44B. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: JOHN SIMONS - CHAIRMAN - COMMUNITY PRE- SERVATION COMMITTEE PRESENTATION FORMAT: POWERPOINT NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 70 Article 29. Change Community Preservation Act Surcharge. To see if the Town will vote to change the Community Preservation Act surcharge on real property from 3 (three) percent of the real estate tax levy against real property to 1 (one) percent; or to take any other action relative thereto. Petition of Edwin P. Tripp, III and others ARTICLE 29. CHANGE COMMUNITY PRESERVATION ACT SURCHARGE. MOTION: MOVE TO ADOPT ARTICLE 29 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: PETITIONER—EDWIN P. TRIPP,III PRESENTATION FORMAT: VERBAL NOTES: JOHN SIMONS— CHAIR CPA COMMITTEE WILL RESPOND ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 71 Article 30. Amend General Bylaws— Chapter 59-8— Town Meetings—Procedures for Initial Funding and Approval of Collective Bargaining Agreements. To see if the Town will vote to amend the General Bylaws Chapter 59 —Town Meetings by inserting a new section— Section 8 "Procedures for Initial Funding and Approval of Collective Bargain- ing Agreements". Chapter 59-8. Procedures for Initial Funding and Approval of Collective Bargaining Agreements. Section 1: Town Meeting shall not make any appropriation for any line item of any budget or any ex- penditure for a new labor contract which will require the reduction of personnel to fund such contract. Section 2: Town Meeting shall not approve any appropriation for any line item of any budget or any expenditure which shall fund any new labor contract where the total payroll and related pay- roll costs increase in the contract is in excess of two and one-half per-cent (2.5%) per year over the preceding year's respective payroll and payroll related costs for the term of the con- tract, unless it complies with Section 1 and the total payroll and estimated payroll related costs increase over the current year's cost for the term of the contract do not exceed 2 '/z% times each year of the contract term. Section 3 Definitions and Procedures: Payroll and payroll related cost increases shall be defined as the total annual payroll cost in- crease in a contract plus estimated annual increases in payroll related costs, including, but not limited to, all employee benefits such as additional time off, health insurance and pensions costs, whether paid by the Town or deducted and/or charged by the Common- wealth of Massachusetts in computing local aid to the Town, and payroll tax increases. Payroll cost and payroll related costs shall include all amounts paid to or on behalf of former employees and retired employees previously covered by the contract for post retirement health insurance and pension benefits. All costs used to determine the percentage increase shall be done on a pro rata basis but need not require an individual allocation of costs. Cost increases not specifically identifiable to a particular employee or a current or former group of employees shall be allocated on a pro rata basis to all employees of the Town. The percentage increase provided for in any new labor contract shall be made by the Board of Selectmen or the School Committee that approve the terms of said contract for considera- tion of funding and approval by way of appropriation by Town Meeting and such computations including the percentage increase shall be reviewed by the Finance Commit- tee, which shall present the computations and contract to Town Meeting in a separate warrant article for consideration. In the case of the School Department budget, the finance committee shall present an article with the contracts included and a separate article without the contract included. 2006 ANNUAL TOWN MEETING MOTION BOOK 72 Any portion of this By Law deemed not acceptable by the Attorney General shall not affect others provisions of this By Law; or to take any other action relative thereto. Petition of Robert Ercolini and others ARTICLE 30. AMEND GENERAL BYLAWS — CHAPTER 59-8 — TOWN MEET- INGS — PROCEDURES FOR INITIAL FUNDING AND APPROVAL OF COLLECTIVE BARGAINING AGREEMENTS. MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 30". RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROBERT ERCOLINI-PETITIONER ROSEMARY CONNELLY SMEDILE-CHAIR-BOS IF NO MOTION MADE PRESENTATION FORMAT: VERBAL NOTES: TOWN COUNSEL WILL RESPOND IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 73 Article 31. Amend General Bylaws—Add Chapter 143 - Public Notice. To see if the Town will vote to adopt By Law entitled "Public Notice", Chapter 143 to pro- vide that: Section 143-1: Public Notice Using Internet Any and all information currently required to be printed in a newspapers or otherwise pub- lished or posted by the Town, School Department or residents doing business with the Town will be made available on a separate web site established by the Town of North Andover entitled Public Notices for Town and School Departments and to request that the Board of Selectmen and School Committee prepare and file a "Home Rule Petition to the General Court of the Commonwealth of Massachusetts" for the purpose of requesting appropriate authority to publish certain notices and documents on this web site in lieu of publishing these "Public Notices" in newspapers that the Board of Selectmen and School Committee deem appropriate in their sole discretion for the purposes of reducing costs incurred by the town and its residents and for the purpose of making such "Public Notices" more available to the residents of the Town and others; or to take any other action relative thereto. Petition of Robert Ercolini and others 2006 ANNUAL TOWN MEETING MOTION BOOK 74 ARTICLE 31. AMEND GENERAL BYLAWS - ADD CHAPTER 143 - PUBLIC NO- TICE. MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 31". RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROBERT ERCOLINI-PETITIONER ROSEMARY CONNELLY SMEDILE - CHAIR-BOS IF NO MOTION IS MADE. PRESENTATION FORMAT: VERBAL NOTES: JOYCE BRADSHAW WILL RESPOND IF THERE IS A POSITIVE MOTION. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 75 Article 32. Amend General Bylaws—New Section 143-2 - Public Notice Information. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by adding a new Section 143-2 entitled "Public Notice Information" to provide that: Section 143-2: Public Notice Information The Town of North Andover through its computer systems will contemporaneously pub- lish, when a document is issued or otherwise made available on any Town or School Departments computer systems, on either the Town of North Andover Official Web Site and/or the Town of North Andover School Department Official Web Site, all informa- tion subject to the Massachusetts Public Information Law and that any information or documents withheld will be identified in detail along with the reason for the decision not to publish them and the person designated by the Town or the School Department to make that decision. This information published on these web sites shall include, but not be limited to, all in- formation required to be published in the Town's Annual Report, monthly and yearly financial statements, reports issued by committees, budgets, general ledgers, detailed listing of cash receipt and disbursement journals, labor and all other contracts including contracts proposed for appropriation at Town Meeting, detailed listing of all property as- sessments by property class and related tax assessments, minutes of all meetings and related attachments presented to board or meeting members, correspondence of the Town and School departments, all submissions to and decisions or correspondence is- sued by the all departments of the Town, including but not limited to the Planning Board, Conservation Commission, Zoning Board of Appeals, Board of Health, and Finance Committee, all standardized school test results, all correspondence to and from the to the Department of Education, Bureau of Accounts and other governmental agen- cies. The Town and School Department Official web sites shall also establish as soon as poss- ible Bulletin Boards on their sites for use by residents of the Town to identify and discuss all Town and school related issues in a forum where residents are required to identify themselves in order to participate in a discussion or forum, but need not identify themselves to review the information on the bulletin boards. These Town and School web sites shall maintain information for at least a five year pe- riod. The implementation period of this By Law which shall be two years from the date of enactment and the Town and School Departments shall first provides residents of the Town with current information as to the Town and School department's activities and then add historical data; or to take any other action relative thereto. Petition of Robert Ercolini and others 2006 ANNUAL TOWN MEETING MOTION BOOK 76 ARTICLE 32. AMEND GENERAL BYLAWS - NEW SECTION 143-2 - PUBLIC NOTICE INFORMATION. MOTION: MOVE TO TAKE NO ACTION ON ARTICLE 32. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: UNFAVORABLE-NO ECONOMIC IM PACT PROVIDED TO FIN COM PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: PETITIONER - IF- PRESENT - ROSEMARY CON- NELLY SMEDILE-CHAIR-BOS IF NO MOTION IS MADE PRESENTATION FORMAT: VERBAL NOTES: JOYCE BRADSHAW WILL RESPOND IF THERE IS A POSITIVE MOTION. NO FINANCIAL IMPACT PROVIDED TO FINANCE COMMITTEE AS REQUESTED FROM PETITIONER. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 77 Article 33: Establishment of Affordable Housing Trust Fund. To see if the Town will vote to accept the provisions of Massachusetts General Laws Chap- ter 44 Section 55C, and also to delete Chapter 28 - Housing Trust Fund - from the North Andover General Bylaws, and replace it with the following Chapter 28 - Housing Trust Fund; Chapter 28 Housing Trust Fund § 28-1. Name of the Trust The trust shall be called the "Town of North Andover Affordable Housing Trust Fund". § 28-2. Purpose The purpose of the Trust shall be to provide for the preservation and creation of afforda- ble housing in the Town of North Andover for the benefit of low and moderate-income households. In furtherance of this purpose, the Trustees are hereby authorized, in accor- dance with the procedures set forth herein, to acquire by gift, purchase or otherwise real estate and personal property, both tangible and intangible, of every sort and description; to use such property, both real and personal, in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however, that all property held by the Trust and the net earnings thereof shall be used exclusively for the preservation and creation in the Town of North Andover of affordable housing for the purposes for which this Trust was formed. § 28-3. Tenure of Trustees There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees who shall be appointed by the Board of Selectmen. At least one of the Trustees shall be a member of the Board of Selectmen. Only persons who are residents of the Town of North Andover shall be eligible to hold the office of Trustee. Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Board of Select- men. Any Trustee who ceases to be a resident of the Town of North Andover shall cease to be a Trustee hereunder and shall promptly provide a written notification of the change in residence to the Board and to the Town Clerk. Any Trustee may resign by written in- strument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder be- fore his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and ac- ceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such appointment shall be required so long as there are five Trustees in office. Upon the ap- pointment of any succeeding Trustee and the filing of such appointment, the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder. § 28-4. Meetings of the Trust The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law, Massachusetts General Laws Chapter 39, Sections 2006 ANNUAL TOWN MEETING MOTION BOOK 78 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees quali- fied and present in person. § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in ac- cordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: A. With the approval of the Board of Selectmen, 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 by-law or any other by-law; B. With the approval of the Board of Selectmen, to purchase and retain real or per- sonal property, including without restriction investments that yield a high rate of income or no income; C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer or convey any 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 undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; D. With the approval of the Board of Selectmen, to sell, lease, exchange, transfer, or convey any personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such con- tracts and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract; E. 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; F. To employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary; G. To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable; H. To apportion receipts and charges between income and principal as the trustees deem advisable, to amortize premiums and establish sinking funds for such pur- pose, and to create reserves for depreciation depletion or otherwise; I. With the approval of the Board of Selectmen, to participate in any reorganiza- tion, 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, pur- chase or sale of property, by or between any corporation and any other corporation or person; J. With the approval of the Board of Selectmen, to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board, with the approval of the Board of Selectmen, may deem necessary and appropriate; 2006 ANNUAL TOWN MEETING MOTION BOOK 79 K. To carry property for accounting purposes other than acquisition date values; L. With the approval the Board of Selectmen and the approval of Town Meeting by a two-thirds majority vote, to incur debt, to borrow money on such terms and conditions and from such sources as the trustees deem advisable, and to mort- gage and pledge trust assets as collateral; M. With the approval of the Board of Selectmen, to disburse trust funds for the pur- pose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes; N. To make distributions or divisions of principal in kind; O. 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 proper- ty, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of G.L. Chapter 44, Section 55C, to continue to hold the same for such period of time as the board may deem appropriate; P. To manage or improve real property and, with the approval of the Board of Se- lectmen and Town Meeting, to abandon any property which the trustees determine not to be worth retaining; Q. To hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate; and R. To extend the time for payment of any obligation to the trust. 2006 ANNUAL TOWN MEETING MOTION BOOK 80 § 28-6. Funds Paid to the Trust Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contribution 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 these funds need not be further appropriated to be expended. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property. § 28-7. Acts of Trustees A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No li- cense of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. §28-8. Liability Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein. The Trust is a public em- ployer and the Trustees are public employees for the purposes of G.L. Chapter 268A. The Trust shall be deemed a municipal agency and the Trustees special municipal em- ployees for the purposes of Massachusetts General Laws Chapter 268A. § 28-9. Taxes The Trust is exempt from Massachusetts General Laws Chapter 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or in- come imposed by the Commonwealth or any subdivision thereto. § 28-10. Custodian of Funds The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. § 28-11. Governmental Body The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of Massa- chusetts General Laws Chapter 39. § 28-12. Board of the Town The Trust is a board of the Town for purposes of Massachusetts General Laws Chapter 30B and Section 15A of Massachusetts General Laws Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, depart- ments and public instrumentalities of the town shall be exempt from said Chapter 30B. § 28-13. Duration of the Trust This Trust shall be of indefinite duration, until terminated in accordance with applicable law. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for af- fordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and 2006 ANNUAL TOWN MEETING MOTION BOOK 81 distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded. § 28-14. Recordings The Board of Selectmen may authorize the Trustees to execute, deliver, and record with the Registry of Deeds any documents required for any conveyance authorized hereunder. § 28-15. Titles The titles to the various Articles herein are for convenience only and are not to be consi- dered part of said Articles nor shall they affect the meaning or the language of any such Article. Or take any other action relative thereto. Petition of the Housing Partnership Committee 2006 ANNUAL TOWN MEETING MOTION BOOK 82 ARTICLE 33: ESTABLISHMENT OF AFFORDABLE HOUSING TRUST FUND. MOTION: MOVE TO ADOPT ARTICLE 33 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: GEORGE KOEHLER, CHAIRMAN PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 83 Article 34. Intermunicipal Joint Purchasing Agreement— Community Software Con- sortium. 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 es- tablished 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; or to take any other action relative thereto. Petition of the Board of Assessors Recommendations: Board of Selectmen: ..................................................Favorable Action Finance Co 2006 ANNUAL TOWN MEETING MOTION BOOK 84 ARTICLE 34. INTERMUNICIPAL JOINT PURCHASING AGREEMENT - COM- MUNITY SOFTWARE CONSORTIUM. MOTION: MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: CHAIRMAN OR MEMBER OF BOARD OF ASSES- SORS PRESENTATION FORMAT: VERBAL NOTES: GARRETT BOLES-CHIEF ASSESSOR WILL SPEAK TO ARTICLE IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 85 Article 35. Continue Provisions of Massachusetts General Law, Chapter 59 Section 5K —Property Tax Liability Reduction, Volunteers Over Age 60. 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. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 86 ARTICLE 35. CONTINUE PROVISIONS OF MASSACHUSETTS GENERAL LAW, CHAPTER 59 SECTION 5K - PROPERTY TAX LIABILITY REDUCTION, VO- LUNTEERS OVER AGE 60. MOTION: MOVE THAT THE TOWN CONTINUE THE PROVISIONS OF MAS- SACHUSETTS 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 PROVIDED, HOWEVER, THAT ANY RULES AND REGULATIONS PROMULGATED BY THE BOARD OF SELECTMEN TO IMPLEMENT THIS PROGRAM ESTABLISH AN AMOUNT TO BE ALLOCATED UNDER THIS PROGRAM NOT TO EXCEED $12,000. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE, CHAIR, BOS PRESENTATION FORMAT: VERBAL NOTES: RAY SANTILLI WILL SPEAK IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 87 Article 36. Petition the General Court—Amend Town Charter - Chapter 7 - Section 8- I- Expand Board of Health to Five Members. 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 of the Town of North Andover, by deleting the words "three members" and replac- ing with the words "five members" so that Section 8.1 would read as follows: "A Board of Health of five members, one of whom shall be a licensed physician in the Commonwealth, shall be appointed by the Town Manager for three-year overlapping terms, unless the manager shall replace the board with a health agent, with the approval of the Board of Selectmen, in accordance with general law."; or to take any other action relative thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 88 NEED ANY AMENDED MOTION- TOWN MANAGER TO RESPOND ARTICLE 36. PETITION THE GENERAL COURT - AMEND TOWN CHARTER - CHAPTER 7 - SECTION 8-1- EXPAND BOARD OF HEALTH TO FIVE MEM- BERS. MOTION: MOVE TO AUTHORIZE THE BOARD OF SELECTMEN TO PETI- TION THE LEGISLATURE TO AMEND CHAPTER 7, SECTION 8.1 OF THE CHARTER OF THE TOWN OF NORTH ANDOVER, BY DELETING THE WORDS "THREE MEMBERS" AND REPLACING WITH THE WORDS "FIVE MEMBERS" SO THAT SECTION 8.1 WOULD READ AS FOLLOWS: "A BOARD OF HEALTH OF FIVE MEMBERS, ONE OF WHOM SHALL BE A LICENSED PHYSICIAN IN THE COMMONWEALTH, SHALL BE APPOINTED BY THE TOWN MANAGER FOR THREE-YEAR OVERLAPPING TERMS, UN- LESS THE MANAGER SHALL REPLACE THE BOARD WITH A HEALTH AGENT, WITH THE APPROVAL OF THE BOARD OF SELECTMEN, IN AC- CORDANCE WITH GENERAL LAW."; OR TO TAKE ANY OTHER ACTION RELATIVE THERETO. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: TO BE MADE AT TOWN MEETING PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE, CHAIR, BOS PRESENTATION FORMAT: VERBAL NOTES: READ MOTION VERBATIM TO ACCOMMODATE WARRANT CHANGES. ***MAJORITY VOTE REQUIRED* MR. MODERATOR: IF THE VOTE IS NOT UNANIMOUS, PLEASE TAKE HAND COUNT. VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 89 Article 37. Petition the General Court—Health Insurance Benefits—Town of North Andover Elected Officials. To see if the Town will vote to Petition the General Court to pass a Special Act as follows: "Notwithstanding Massachusetts General Laws Chapter 32B or other laws to the contrary, health insurance benefits for elected officials shall not be provided in the Town of North Andover"; or to take any other action relative thereto. Petition of Keith A. Mitchell and others 2006 ANNUAL TOWN MEETING MOTION BOOK 90 ARTICLE 37. PETITION THE GENERAL COURT - HEALTH INSURANCE BEN- EFITS-TOWN OF NORTH ANDOVER ELECTED OFFICIALS. MOTION: MOVE TO PETITION THE GENERAL COURT TO PASS A SPE- CIAL ACT AS FOLLOWS: "NOTWITHSTANDING MASSACHUSETTS GENERAL LAWS CHAPTER 32B OR OTHER LAWS TO THE CONTRARY, HEALTH INSURANCE BENEFITS FOR ELECTED OFFICIALS SHALL NOT BE PROVIDED IN THE TOWN OF NORTH ANDOVER"; OR TO TAKE ANY OTHER ACTION RELA-TIVE THERE- TO. RECOMMENDATIONS: BOARD OF SELECTMEN: UNFAVORABLE ACTION FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: NO RECOMMENDATION MOTION PRESENTER: KEITH A. MITCHELL, 188 SALEM STREET - PETI- TIONER PRESENTATION FORMAT: VERBAL - PAGE 21 OF FIN COM REPORT AND ALSO A HANDOUT FROM FIN COM NOTES: MR. MODERATOR: IF THE VOTE IS NOT UN- ANIMOUS, PLEASE TAKE HAND COUNT. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 91 Article 38. Amend North Andover Zoning Bylaw— Section 4.122(14)(B)(b)-Residence 4 District. To see if the Town will vote to amend the Town of North Andover Bylaw, Section 4.122(14)(B)(b) to clarify the ambiguity in the language of the zoning bylaw involving the demolition of residential homes within the Residential 4 (R4) and the construction of new multi-family residence, by making the following changes: Amending Section 4.122(14)(B)(b) -by adding the underlined language to read as follows: 4.122.14 Residence 4 District 14. Residential Dwellings A. Dwelling Types a. One Family Dwelling. b. Two family dwellings, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw. B. Conversions - The conversion of an existing one-family to a two-family dwelling, by special permit from the Zoning Board of Appeals in accordance with Sections 10.3 and 4.122.14.1) of this Bylaw, provided that conversion from a one-family to a two- family dwelling meets the following additional requirements: a. If a conversion involves increasing the size of an existing structure, the expan- sion area shall not exceed 50% of the original building's gross floor area up to a maximum of 1500 s.f. The size of the second dwelling unit can never exceed 1500 s.f. b. If a conversion involves razing an existing structure, the gross floor area of the new residential structure shall not exceed 150% of the gross floor area of the original building, nor shall the new structure be more than 1,000 square feet of gross floor area larger than the original structure, whichever is less. The size of the second dwelling unit may never exceed 1,500 square feet. If an existing lot is subdivided to form two or more new lots, and the existing structure lies within more than one of the new lots, and if the existing structure is to be razed in connection with the conversion, then new buildings on any lot formerly cov- ered by the existing structure must comply with all the provisions of 4.122.1413 of the Bylaw. Newly created lots not formerly covered by the existing structure must meet the requirements of 4.122.14D of the Bylaw. Or to take any other action relative thereto. Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 92 ARTICLE 38. AMEND NORTH ANDOVER ZONING BYLAW - SECTION 4.122(14)(B)(B)-RESIDENCE 4 DISTRICT. MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA, CHAIR, PLANNING BOARD PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 93 Article 39. Amend North Andover Zoning Bylaw— Section 10.31(1)— Conditions for Approval of Special Permit. To see if the Town will vote to amend Section 10.31(1)to modify existing and to incorporate additional conditions for approval of a special permit by making the following changes. Amending Sections Section 10.31(1) by adding the underlined language to read as follows: 10.31 Conditions for Approval of Special Permit 1. The Special Permit Granting Authority shall not approve any such application for a Spe- cial permit unless it finds that in its judgment all the following conditions are met: a. The specific site is an appropriate location for such a use, structure or condition; b. Social, economic, or community needs which are served by the proposal; c. The use as developed will not adversely affect the neighborhood character; d. There will be no nuisance or serious hazard to vehicles or pedestrians; e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; f. The Special Permit Granting Authority shall not grant any Special Permit unless they make a specific finding that the use is in harmony with the general purpose and in- tent of this Bylaw. Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 94 ARTICLE 39. AMEND NORTH ANDOVER ZONING BYLAW - SECTION 10.31(1) - CONDITIONS FOR APPROVAL OF SPECIAL PERMIT. MOTION: MOVE TO ADOPT ARTICLE 39 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA-CHAIR-PLANNING BOARD PRESENTATION FORMAT: VERBAL-LINCOLN DALEY-TOWN PLANNER NOTES: ZBA MAY SPEAK TO ARTICLE. ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 95 Article 40. Amend Zoning Map—Davis Street—Assessors Map 70—Parcel 18 From General Business (GB) to Residential 4 (R4). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone a parcel of land located at Davis Street, with an address of 160 Pleasant Street, North Andover, MA from General Business (GB)to Residence 4 (R4). Said parcel of land being a portion of North Andover Assessor's Map 70, Parcel 18 and lo- cated on the Southerly side of Davis Street approximately 86.15 feet Easterly of the intersection of Davis Street with Pleasant Street. Said parcel is more particularly bounded and described as follows: NORTHERLY by Davis Street, 86.15 feet; EASTERLY by land now or formerly of Learning Center Associates 96.50 feet; SOUTHERLY by other land of KSJ Realty Trust, 85.16 feet; and WESTERLY by land formerly of Michael J. and Judy M. Pollizzotti, now of Scott Steinberg and Jennifer L. Steinberg, 111.50 feet Containing 8,850 square feet of land, more or less. Meaning and intending to rezone a portion of land owned by Joseph G. Levis, Trustee of KSJ Realty Trust. For further reference see deed dated January 19, 2005 and recorded in the North Essex Registry of Deeds, at Book 9310, Page 218; or to take any other action relative thereto. Petition of Joseph G. Levis and others 070.0-0014 .vS C? � ------ 070.0-0017 CtCD �� �✓3 vrvonrvr 070.0-0001 r 0 070.0-0029 +z� / �� 070.0-0010 070.0-0050 070.0-0025 •� o �a is L.�j',vC Cs 2006 ANNUAL TOWN MEETING MOTION BOOK 96 ARTICLE 40. AMEND ZONING MAP - DAVIS STREET - ASSESSORS MAP 70 - PARCEL 18 FROM GENERAL BUSINESS (GB) TO RESIDENTIAL 4 (R4). MOTION: MOVE TO `REFER BACK TO PLANNING BOARD" ON ARTICLE 40. (LETTER FROM PETITIONER WITHDRAWING) RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION ON MOTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: JOSEPH G. LEVIS, PETITIONER IF PRESENT OR RI- CHARD NARDELLA-CHAIR- PLANNING BOARD ON PETITIONER'S BEHALF PRESENTATION FORMAT: VERBAL NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 97 Article 41. Amend Zoning Bylaw—Watershed Protection District— Sections 4.136(3)(c)(ii) and (iii). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) to modify certain uses within the Non-Disturbance Zone of the North Andover Watershed Protection District by inserting language specifying the maximum allowable square footage for the construction of an accessory structure or expan- sion to the existing primary structure. Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) now reads: Non-Disturbance Buffer Zone c. There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection Dis- trict which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty (150) feet horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses_ All of the Allowed Uses listed in Section 3 (a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by Special Permit: The following uses shall be allowed within the Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection district Bylaw: (1) Any activities which cause a change in topography or grade. (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3) Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4) Replacement of any permanent structure. (5) Any surface or sub-surface discharge, including but not limited to, stormwater runoff, drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all de- tention ponds. (6) Construction of any accessory structure or expansion of any existing structure by less than twenty five (25) percent of the gross floor area of the existing structure. iii. Prohibited Uses: The following uses are specifically prohibited within the Non- Disturbance Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system. (3) Construction of any new permanent structure, or expansion of an existing struc- ture by twenty-five (25) percent or more of the gross floor area of the existing structure. Sections 4.136(3)(c)(ii) and 4.136(3)(c)(iii) as amended to read: c. Non-Disturbance Buffer Zone There shall exist a Non-Disturbance Buffer Zone within the Watershed Protection Dis- trict which shall consist of all land areas located between one hundred fifty (150) feet and two hundred fifty (250) feet horizontally from the annual mean high water mark of Lake Cochichewick, and between seventy five (75) feet and one hundred fifty (150) feet 2006 ANNUAL TOWN MEETING MOTION BOOK 98 horizontally from the edge of all wetland resource areas (as defined in M.G.L. Chapter 131, Section 40, and the Town Wetland Bylaw) located within the Watershed. i. Allowed Uses: All of the Allowed Uses listed in Section 3 (a)(i) of this Watershed Protection District Bylaw are allowed in the Non-Disturbance Zone except as noted. ii. Uses allowed by Special Permit: The following uses shall be allowed within the Non-Disturbance Buffer Zone only by Special Permit issued pursuant to Section 4 of this Watershed Protection district Bylaw: (1) Any activities which cause a change in topography or grade. (2) Vegetation removal or cutting, other than in connection with agricultural uses or maintenance of a landscape area. (3) Construction of a new permanent structure only after a variance has been granted by the Zoning Board of Appeals. (4) Replacement of any permanent structure. (5) Any surface or sub-surface discharge, including but not limited to, stormwater runoff, drainage of any roadway that is maintained by the Division of Public Works or any private association; outlets of all drainage swales; outlets of all de- tention ponds. (6) Construction of any accessory structure or expansion of any existing structure by less than twenty five (25) percent of the gross floor area if the existing structure exceeds 2,500 square feet. (7) Construction of any accessory structure or expansion of any existing structure by less than fifty (50) percent of the gross floor area of the existing_primary struc- ture is less than 2,500 square feet and the primary structure will be connected to municipal sewer upon completion of the project. iii. Prohibited Uses: The following uses are specifically prohibited within the Non- Disturbance Buffer Zone: (1) All of the Prohibited Uses listed in Section 3(c)(iii) of this Watershed Protection District bylaw are prohibited in the Non-Discharge Zone. (2) Construction of any septic system. (3) Construction of any new permanent structure, or expansion of an existing struc- ture except as allowed by Special Permit per Section 3.c.ii. Or to take any other action relative thereto. Petition of the Planning Board 2006 ANNUAL TOWN MEETING MOTION BOOK 99 ARTICLE 41. AMEND ZONING BYLAW - WATERSHED PROTECTION DIS- TRICT- SECTIONS 4.136(3)(C)(I1) AND (111). MOTION: MOVE TO ADOPT ARTICLE 41 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: RICHARD NARDELLA- CHAIR- PLANNING BOARD PRESENTATION FORMAT: SHORT POWERPOINT-LINCOLN DALEY-TOWN PLANNER NOTES: ***TWO-THIRDS VOTE REQUIRED*** VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 100 Article 42. Amend General Bylaws— Chapter 178, Section 9 - Wetlands Protection— Rules and Regulations. To see if the Town will vote to amend Chapter 178 Section 9 Rules and Regulations, of the North Andover Wetlands Protection Bylaw to insert the words "procedures governing small projects," between the words in "...in wetland resource areas," and "and such other informa- tion..." so that Chapter 178 Section 9 Rules and Regulations, would read as follows: Chapter 178 Section 9: The Commission shall be empowered to establish Rules and Regu- lations to govern its affairs, including but not limited to fees, definitions, use of consultants, security to assure performance, performance standards for work in wetland resource areas, procedures governing mall projects, and such other information which it deems necessary to discharge its responsibilities. After due notice and public hearing, the Commission may promulgate such rules and regulations to effectuate the purposes of this Bylaw, by majority vote of the duly appointed members. Failure by the Commission to promulgate such rules and regulations; or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-law; or to take any other action relative thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 101 ARTICLE 42. AMEND GENERAL BYLAWS - CHAPTER 178, SECTION 9 - WET- LANDS PROTECTION-RULES AND REGULATIONS. MOTION: MOVE TO ADOPT ARTICLE 42 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORA43-L"C-TIONTO BE MADE AT TOWN MEETING MOTION PRESENTER: SCOTTMASSE-CHAIR-ONSERVATIONCOMMISSION OR DESIGNEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 102 Article 43. Amend General Bylaws Chapter 178 —Wetlands Protection. To see if Town Meeting will vote to eliminate or modify and make less restrictive Chapter 178 of the General Bylaws "WETLANDS PROTECTION", (set forth below and commonly referred to as the local wetland bylaw), administered by the Town's Conservation Commis- sion. Or to take any other action relative thereto. Petition of Robert Ercolini and others 2006 ANNUAL TOWN MEETING MOTION BOOK 103 ARTICLE 43. AMEND GENERAL BYLAWS CHAPTER 178 - WETLANDS PRO- TECTION. MOTION: MOVE TO "TAKE NO ACTION ON ARTICLE 43". RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: ' ACT-IONTO BE MADE AT TOWN MEETING MOTION PRESENTER: ROBERT ERCOLINI-PETITIONER ROSEMARY CONNELLY SMEDILE-CHAIR-BOS IF NO MOTION MADE BY PETITIONER. PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 104 Article 44. Amend General Bylaws— Chapter 170 - Underground Utilities— Section 3— Subsection C—"Downtown Area"—Add School Street. To see if the Town will vote to amend the General Bylaws, Chapter 170—Underground Utilities by modifying Section 3, subsection C to read "Downtown Area: Main Street from Sutton Street to Merrimac Street, including 200 feet from Main Street for the following side streets—Waverly Road, First Street, and Second Street, all of School Street, and on Water Street from Main Street to High Street; or to take any other action relative thereto. Petition of the Board of Selectmen 2006 ANNUAL TOWN MEETING MOTION BOOK 105 ARTICLE 44. AMEND GENERAL BYLAWS - CHAPTER 170 - UNDERGROUND UTILITIES - SECTION 3 - SUBSECTION C - "DOWNTOWN AREA"- ADD SCHOOL STREET. MOTION: MOVE TO ADOPT ARTICLE 44 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: TO BE MADE AT TOWN MEETING MOTION PRESENTER: ROSEMARY CONNELLY SMEDILE, CHAIRMAN, BOS PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 106 Article 45. Intermunicipal Agreement Between North Andover/Middleton Water and Sewer Tie-ins. To see if the Town will vote to authorize, but not require, the Board of Selectmen pursuant to the provisions of Massachusetts General Laws, Chapter 40, Section 4A, to negotiate and approve an Intermunicipal Agreement, for a term not exceeding 25 years, 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 An- dover Assessor's Tax Map 108.A as Lots 6, 7 and 19 and in Middleton on Middleton Assessor's Map 9 as Lots 24 and 26 all owned by Nomid Trust, Joseph DiGrazia and Eric DiGrazia, Trustees, located at or near 2350 Turnpike Street and 15 Sharpners Pond Road (Missile Site Road), North Andover; all on such terms as the Selectmen deem to be in the best interest of the Town, and make such other agreements as may be required by the Great- er Lawrence Sanitary District before permission is granted for said sewer connection, and to take any other action related thereto. Petition of Frank Terranova and others 2006 ANNUAL TOWN MEETING MOTION BOOK 107 ARTICLE 45. INTERMUNICIPAL AGREEMENT BETWEEN NORTH ANDOV- ER/MIDDLETON WATER AND SEWER TIE-INS. MOTION: MOVE TO ADOPT ARTICLE 45 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: FAVORABLE ACTION FINANCE COMMITTEE: NO RECOMMENDATION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: FRANK TERRANOVA - PETITIONER OR DESIGNEE PRESENTATION FORMAT: VERBAL NOTES: TOWN MANAGER WILL SPEAK TO ISSUE IF NEEDED. ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 108 Article 46. Acquisition and Acceptance of Granville Lane, Grosvenor Avenue, Ingle- wood Street, Surrey Drive and Wildwood Circle as Public Ways. To see if the Town will vote to accept Granville Lane, Grosvenor Avenue, Inglewood Street, Surrey Drive, and Wildwood Circle as public ways and to authorize the Board of Selectmen to acquire by emi- nent domain, gift, purchase or otherwise any fee, easement or other interest in the following streets and any easements related thereto as shown on the following plans: The land known as Granville Lane, as shown on a plan of land entitled: "Layout Plan of Granville Lane," dated March 1, 2006 drawn by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; The land known as Grosvenor Avenue, as shown on a plan of land entitled: "Layout Plan of Grosvenor Avenue," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Sum- mer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; The land known as Inglewood Street, as shown on a plan of land entitled: "Layout Plan of Inglewood Street," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; The land known as Surrey Drive, as shown on a plan of land entitled: "Layout Plan of Surrey Drive," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; The land known as Wildwood Circle, as shown on a plan of land entitled: "Layout Plan of Wildwood Circle," dated March 1, 2006, drawn by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830, and on file in the office of the Town Clerk; and to award no damages for said taking or payment for said acquisition; or take any action related thereto. Petition of the Board of Selectmen ff k f rt V I RyuW / � W .Y f a f, f ( v Y F r f f 1, i SFr " f ➢f 2006 ANNUAL TOWN MEETING MOTION BOOK 109 t �z I V i r� \ 1 1 A i m A V u e e It N any Teri 2006 ANNUAL TOWN MEETING MOTION BOOK 110 - J�l , Sharpner's Pond Road I�rl - , Sharpner's Pond Road I�rl 2006 ANNUAL TOWN MEETING MOTION BOOK 111 I ,ua , r Chadwick IPlaygrouhd l i � r I a r , , 2006 ANNUAL TOWN MEETING MOTION BOOK 112 ARTICLE 46. ACQUISITION AND ACCEPTANCE OF GRANVILLE LANE, GROSVENOR AVENUE, INGLEWOOD STREET, SURREY DRIVE AND WILD- WOOD CIRCLE AS PUBLIC WAYS. MOTION: MOVE TO ADOPT ARTICLE 46 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORABLE ACTION MOTION PRESENTER: J. WILLIAM HMURCIAK, DPW DIRECTOR OR DE- SIGNEE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 113 Article 47 Roadway Acceptances—Willow Street, Wmnw Street (Sou h Extension, aafd# Drive and Flagship Drive To see ƒ the Town will vote m accept the following roadways apublic ways: Willow Street, Willow Street (South) Extension, Ha SdJDdv and Flag si Drive, all shown ona Street Layout Plan entitled "Street Layout Plan of Willow Street (South Extension and Bay- field Drive `Noah Andover Busine ss Park' / prepared for Ha{dJDe elopmetCompa y Inc. 355 Middlesex Avenue, Wilmington MA 01887 prepared byte Ne e Moin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983; s ale £' — 40\ dated De embe 21, 200 on {Q with the North Andover Department of Public Works; or to take any mh£ action rel- ative thereto. Petition of Domenic Scalise and others } } } } Vl » / 2006 ANNUAL TOWN MEETING MOTION GOOK 114 ARTICLE 47. ROADWAY ACCEPTANCES - WILLOW STREET, WILLOW STREET (SOUTH) EXTENSION, BAYFIELD DRIVE AND FLAGSHIP DRIVE. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 47. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: DOMENIC SCALISE-PETITIONER OR RICHARD NARDELLA-CHAIR-PLANNING BOARD-IF NO MOTION MADE. PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 115 Article 48. Roadway Acceptance — Chatham Circle and Nantucket Drive. To see if the Town will vote to accept and name as public ways Chatham Circle and Nantucket Drive as shown on a plan of land entitled "Definitive Subdivision Plan Chatham Crossing, North An- dover, Massachusetts" prepared by Andover Consultants, Inc. dated January 31, 2000, revised May 1, 2000 and June 14, 2000 and recorded with Essex North District Registry of Deeds as Plan No. 13801; or to take any other action relative thereto. Petition of Donna M. Adam and others o o� e � /' { 13 4__ 3 -A 12 P�(ERS 6 5 CHATHAM G�RG�"F 9 10 o S�RFEj 2 Q 2006 ANNUAL TOWN MEETING MOTION BOOK 116 ARTICLE 48. ROADWAY ACCEPTANCE - CHATHAM CIRCLE AND NAN- TUCKET DRIVE. MOTION: MOVE TO "TAKE NO ACTION" ON ARTICLE 48. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: UNFAVORABLE ACTION MOTION PRESENTER: DONNA M. ADAM - PETITIONER OR ROSEMARY CONNELLY SMEDILE-CHAIR-BOS-IF NO MOTION MADE PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 117 Article 49. Roadway Acceptance—Glenore Circle. To see if the Town will vote to accept as a public way Glenore Circle as shown on a plan entitle "Street Layout Plan, Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale F = 40', Date, March 2005, Christiansen & Sergi", which is on file with the Town Clerk of North Andover; or to take any other action relative thereto. Petition of Barbara D. Caruso and others LOT #6 LOT #2 LOT #3 LOT #4 LOT #5 LOT #6 LENORE CIRCLE j,. LOT #7 It LOT #I IL l� KEY MAC' sa4LE. 1° = zoo' 2006 ANNUAL TOWN MEETING MOTION BOOK 118 ARTICLE 49. ROADWAY ACCEPTANCE- GLENORE CIRCLE. MOTION: MOVE TO ADOPT ARTICLE 49 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORA43-L"C-TIONTO BE MADE AT TOWN MEETING MOTION PRESENTER: BARBARA CARUSO - PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 119 Article 50. Roadway Acceptance—Berrington Place. To see if the Town will vote to accept as a public way Berrington Place as shown on a plan entitle "Street Layout Plan, Located in North Andover, MA, prepared for Berrington Place, Glenore Circle, Scale 1" = 40', Date, March 2005, Christiansen & Sergi", which is on file with the Town Clerk of North Andover; or to take any other action relative thereto. Petition of Barbara D. Caruso and others ARTICLE 50. ROADWAY ACCEPTANCE—BERRINGTON PLACE. MOTION: MOVE TO ADOPT ARTICLE 50 AS PRINTED IN THE WARRANT. RECOMMENDATIONS: BOARD OF SELECTMEN: TO BE MADE AT TOWN MEETING FINANCE COMMITTEE: FAVORABLE ACTION PLANNING BOARD: FAVORA43-L"C-TIONTO BE MADE AT TOWN MEETING MOTION PRESENTER: BARBAR D. CARUSO - PETITIONER PRESENTATION FORMAT: VERBAL NOTES: ***MAJORITY VOTE REQUIRED* VOTE: DATE: TIME: 2006 ANNUAL TOWN MEETING MOTION BOOK 120 2006 ANNUAL TOWN MEETING MOTION BOOK 121