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HomeMy WebLinkAboutAPRIL 11- BOS VOTED WARRANT-NO 40 R TEXT 00RT#j 9 � �t�EO t tiO t 0 � �SSACHU5�4 Town of North Andover Annual Town Meeting Warrant May 14, 2007 COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street on Monday May 14, 2007, at 7:00 PM then and there to act upon the following articles: Article 1. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; or to take any other action relative thereto. Board of Selectmen Article 2. Consent Articles. To see if the Town will vote the following consent articles: A. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2006 Annual Town Report. B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. In accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel 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. 1 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB C. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town. D. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Board of Selectmen Article 3. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws; or to take any other action relative thereto. Board of Selectmen Article 4. Amend General Fund Appropriation For Fiscal Year 2007 and Eliminate Deficits in Town Account Funds. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of the 2006 Annual Town Meeting and amended under Article 7 of the July 10, 2006 Special Town Meeting, including transfers from Free Cash; And further, to appropriate from Free Cash sums to eliminate accumulated deficits in specific Town Accounts, as follows: School Lunch Program Fund $ 312,214.24 Highway Reconstruction Fund (Chapter 90 Reimbursement) $ 191,452.19 or to take any other action relative thereto. Board of Selectmen Article 5. Amend Water Enterprise Fund Appropriation for Fiscal Year 2007. To see if the Town will vote to amend the Water Enterprise Fund Appropriation for Fiscal Year 2007 as voted under Article 22 of the 2006 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen 2 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 6. Amend Capital Improvement Plan Appropriation for Fiscal Year 2007. To see if the Town will vote to amend the Capital Improvement Plan Appropriation for Fiscal Year 2007 as voted under Article 24 of the 2006 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article 7. Transfer of Unexpended Funds from Special Revenue and Capital Funds. To see if the Town will vote to transfer unexpended balances from Special Revenue and Capital Funds; or to take any other action relative thereto. Board of Selectmen Article 8. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below; or to take any other action relative thereto. Prior Year Invoices FY07 Vendor Amount Department Comments MEGA Insurance 7,101.00 Worker's Comp Ins. Balance owed after FY06 audit Deductible on ins claim MIIA Insurance 2,500.00 Sewer Dept 4 M05GL28119 Netway 19.95 Assessors Invoice lost Dennis K Burke 10,384.00 Public works Credit memo issued twice last year Nextel 558.16 School Lunch AT & T 31.42 School Lunch Staples 89.11 School Lunch Office supplies Town of North Andover PW 138.36 School Lunch Vehicle fuel Reid Mechanical Corp 246.97 School Lunch Lisa & Don Carroll 3,032.50 School Dept Billed late RCB 2,106.33 School Dept Billed late Energenix 4,729.99 School Dept Billed late Xerox 2,886.11 School Dept Missed monthly payment USI Ultra Services 2,202.49 School Dept Emergency purchase McGraw Hill 1,850.48 School Dept Emergency purchase Pro-Ed 523.60 School Dept Never encumbered $38,400.47 Board of Selectmen 3 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 9. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. To see if the Town will vote to approve a collective bargaining agreement between the Town of North Andover and the International Association of fire Fighters (IAFF), Local 2035, for the period of July 1, 2005 through June 30, 2008 and to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to fund all or part of the collective bargaining agreement; or to take any other action relative thereto. Board of Selectmen Article 10. Approve Collective Bargaining Agreement Between the Town of North Andover and the New England Police Benevolent Association (NEPBA), Local 2. To see if the Town will vote to approve a collective bargaining agreement between the Town of North Andover and the New England Police Benevolent Association (NEPBA) Local 2, for the period of July 1, 2004 through June 30, 2007 and to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to fund all or part of the collective bargaining agreement; or to take any other action relative thereto. Board of Selectmen Article 11. General Fund Appropriation Fiscal Year 2008. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2007 and ending June 30, 2008; or to take any other action relative thereto. Board of Selectmen Article 12. Appropriation of Funds to Reinstate Program Manager Position — North Andover Senior Center. To see if the Town will vote to appropriate the sum of$40,000 from available funds to be expended under the direction of the Council on Aging for the purpose of reinstating the Program Manager position at the North Andover Senior Center effective July 1, 2007; or to take any other action relative thereto. Petition of William P. Callahan, Jr. and others Article 13. Raise and Appropriate Additional Funds for Fiscal Year 2008. To see if the Town will vote to raise and appropriate the following additional funds for Fiscal Year 2008, subject to approval by override election vote: • $3,000,000.00 for the school department • $500,000.00 for the remaining municipal departments. Or to take any other action relative thereto. Petition of Sandra Gleed and others 4 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 14. 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 15. Water Enterprise Fund Appropriation-Fiscal Year 2008. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2007 and ending June 30, 2008; or to take any other action relative thereto. Board of Selectmen Article 16. Sewer Enterprise Fund Appropriation-Fiscal Year 2008. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2007 and ending June 30, 2008; or to take any other action relative thereto. Board of Selectmen Article 17. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2008. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2007 and ending June 30, 2008; or to take any other action relative thereto. Board of Selectmen 5 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 18. 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, 2007;or to take any other action relative thereto. Revolving Fund Accounts Account FY 2008 Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit 1. Assistant Town Manager All programs and Participants'fees, 022-5423- Youth Services Revol activities,expense, Grants, Donations,and 3437 part time help related Fundraising $250,000 proceeds 2. Field Maintenance Director-Division of Public Field maintenance, Field rental fees, Grants, 022-4925- Works upgrade and related Donations, and related $ 40,000 3077 expenses Fundraising proceeds 3. Participants'fees, 022-5590- Elder Services Senior programs, Grants, Donations,and $50,000 3564 -COA Revol Assistant Town Manager classes and activities related Fundraising proceeds 4. Director-Community Clinic supplies and Clinic participant fees, 022-5102- Health Dept Development Division other related Grants, Donations,and 3424 Revolving materials related Fundraising $20,000 proceeds 5. 022-4306- Wheelabrator Director-Community Air quality monitoring Wheelabrator Host 3008 Planning Development Division Community Agreement $25,000 6. 022-4307- Wheelabrator Public Director-Community To enforce Trash Wheelabrator Host 3083 Safety Development Division Truck regulations Community Agreement $20,000 7. 022-4308- Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host 3649 Development Division safety and monitoring Community Agreement $40,000 the air quality 8. 022-4309- Health Dept-Food Director-Community Food Consultant fees Inspection Fees $10,000 3084 Inspections Development Division and expenses related to program 9. 022-4310- Health Dept-Septic Director-Community Septic Consultant Inspection Fees $ 40,000 3085 Inspections Development fees and expenses related to program Total: $495,000 6 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Revolving ,Fond Account Receipts and.Expenditures FY06 Receipts Expenditure Account Revolving Balance FY06 Expenditu Balance thru s thru Number Fund 7/1/05 Receipts res 06/30/06 2/28/07 2/28/07 Balance Youth Services 022-5423- Revol $256,054 $205,327 $(195,361) $266,020 $ 73,213 $(163,156) $ 176,077 3437 2 Field 022-4925- Maintenance $ 700 $ 26,050 $ - $ 26,750 $ 150 $ (6,600) $20,300 3077 3 Elder Services 022-5590- -COA Revol $ 8,275 $ 19,447 $ (25,784) $ 1,938 $ 11,213 $(7,089) $ 6,061 3564 4 Health Dept 022-5102- Revolving $ 15,489 $ 3,989 $ (8,316) $ 11,162 $ 22,404 $ (23,788) $ 9,777 3424 5 Wheelabrator 022-4306- Planning $69,692 $25,000 $ (18,016) $ 76,677 $25,000 $ (24,982) $ 76,694 3008 6 Wheelabrator 022-4307- Public Safety $ 72,154 $ 12,205 $ (13,176) $ 71,183 $ 9,300 $ (3,436) $ 77,047 3083 7 Wheelabrator- 022-4308- Health $ 67,545 $ 2,500 $ (21,155) $48,890 $ - $ (26) $48,864 3649 $ Health Dept- 022-4309- Food $ 33,430 $20,970 $ (13,903) $40,498 $ 15,075 $ (395) $55,178 3084 Inspections g Health Dept- 22-4310- Septic $ 32,661 $ 33,246 $ (35,827) $ 30,081 $15,145 $(19,107) $26,119 3085 Inspections Board of Selectmen 7 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 19. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 4413, a sum of money to be spent under the direction of the Community Preservation Committee; or to take any other action relative thereto. List of Appropriations — Community Preservation Fund Description Amount Category a) The Greenery—Neighborhood of $1,000,000 Affordable Housing Affordable Housing (NOAH) proposal to create 42 new affordable housing units. b) Town Common—Rehabilitation of $330,000 Historic Preservation drainage system c) Restoration of Historic Town Records $40,000 Historic Preservation —Phase III d) Stevens Estate Restoration— $100,000 Historic Preservation Windows e) Stevens Estate Restoration—Interiors $95,000 Historic Preservation f) Rehabilitation of Sharpners Pond $39,000 Recreation Recreation Area g) Rehabilitation of Middle School and $18,400 Recreation Grogan's Field h) Principal and interest expenses: Half $1,658,061 Open Space Protection Mile Hill Summit and Sunnyridge (Cullen property) i) Administrative Costs $5,000 Administration Total 2007 Appropriations $3,285,461 Community Preservation Committee 8 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 20. Continuation of MGL Chapter 59 Section 5C — Senior Work Program — Increase Funding to $13,000. To see if the Town will vote to continue the provisions of Massachusetts General Laws Chapter 59 Section 5C — Senior Work for a total authorization of $13,000; or to take any other action relative thereto. Council on Aging Article 21. Capital Improvement Plan Appropriation Fiscal Year 2008. 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. Board of Selectmen Article 22. Appropriation of Funds — Town Owned Buildings into New Police Station. To see if the Town will vote to appropriate a sum of money for the purpose of rehabilitating a town owned building into a new police station, and any costs incidental or related thereto; to determine whether this appropriation shall be raised by a transfer from unexpended bond proceeds, or otherwise; to see if the Town will vote to amend the vote passed June 5, 2006 under Article 24, Capital Improvement Plan Appropriation Fiscal Year 2007, of the warrant for the 2006 Annual Town Meeting to change the purpose of the appropriation and borrowing authorized pursuant to Item 5: Building Repairs — Police Station, of said Article 24 to be as follows: "rehabilitating town owned buildings into a new police station"; or to take any other action relative thereto. Petition of Mark H. Rees and others Article 23. Accept Resolution Regarding State Funding. To see if the Town will vote to adopt the following resolution: Whereas: The Town of North Andover has, in the past three years, reduced many municipal and educational services including the elimination of numerous positions, Whereas: North Andover is overly dependent upon property taxes to fund its services and as a result the property tax burden in North Andover is one of the highest in the state, Whereas: As a political subdivision of the Commonwealth of Massachusetts, North Andover is compelled by state law and regulations to adhere to many state mandates including the prevailing wage law, collective bargaining statutes and educational requirements, particularly in the area of special education. Whereas: In recent years, the Commonwealth has begun to restore local aid allocations to levels that were in existence prior to FY2003, 9 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Whereas: Even with modest increases in state aid, North Andover still receives one of lowest amounts of state aid relative to other communities, Now therefore be it resolved by the North Andover Town Meeting, that we hereby petition our legislators in the General Court to take what ever steps are necessary to: 1) Address the inequities that currently exist in the state aid distribution formulas, 2) Provide for a consistent revenue sharing plan that allocates a sufficient portion of the state budget to assist municipal governments; 3) Eliminate laws and regulations that put an undue financial burden on cities and towns or as an alternative provide full funding to pay for implementation of these mandates Board of Selectmen Article 24. Amend Town Charter—Insert Chapter 12—Web Access to Public Records. To see if the Town will to Amend Town Charter By inserting Chapter 12 entitled "Web Access to Public Records" to read as follows: The Town of North Andover, through its internet web sites, will make available for public viewing, on the Town of North Andover Official Web Site and/or the Town of North Andover School Department Official Web Site, all Substantive Public Records under its control as defined by Massachusetts General Laws Chapter 4, Section 7, item-Twenty-Six. All records withheld will be identified along with the reason for the decision not to make them public and the person designated by the Town or the School Department to make that decision. The requirements of this Chapter shall be phased in over a ten year period from enactment of this Chapter by the Voters under the direction of the Selectmen and School Committee with an emphasis of more current substantive information being made available on a contemporaneous basis through scanning of substantive documents as they are received and the providing of public viewing access to appropriate sections of the Town and School computer systems within three years from the date of enactment. This Chapter shall not require the publication through the aforementioned web sites of meaningless or outdated "Public Records" and shall only require the publication of Substantive Public Records and all documents requested by citizens of the Town of North Andover. It is the intention of this Article to be submitted to the voters of the Town of North Andover at the next annual town wide elections after and subject to a 213's approval vote at North Andover's May, 2007 Annual Town Meeting in accordance with Chapter 43B Section 10 of the Massachusetts General Laws. Petition of Robert Ercolini and others 10 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 25. Amend General Bylaws — Chapter 59 — Town Meetings — Add New Section — Section 8 — Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. To see if the Town will vote to adopt the following General By-Law: "Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of $500,000 in order to be submitted for funding to be appropriated at Town Meeting and , if applicable, for approval at Town Meeting. Section 1: Town and School Department Labor Contracts: A: Town Labor Contract: Any Town labor contract to be presented to Town Meeting for initial funding and approval that provides for total annual cost increases including payroll and payroll related costs (as defined in Section 3) that are in excess of two and one-half percent (2 1/2%) for any year of the contract and therefore, by definition herein, are anticipated to require the reduction of Town or School Department employees and/or services to residents to fund such contract, the Selectmen must disclose the complete terms of the proposed contract on the Town's web site at least ninety days prior to the Selectmen's approval of the contract along with their specific proposed reductions in Town and/or School Department employees and/or services that will be required to fund such a contract for each year of the proposed contract as well as the annual and cumulative estimated dollar amount of annual increases that are in excess of two and one-half percent (2 '/z%) of the preceding year's payroll and payroll related costs. B: School Department Labor Contract Any School Department labor contract to be presented to Town Meeting for funding within the School Department's budget that provides for total annual cost increases including payroll and payroll related costs (as defined in Section 3) that are in excess of two and one-half percent (2 '/2 %) for any year of the contract and therefore, by definition herein, are anticipated to require the reduction of Town or School Department employees and/or services to residents to fund such contract, the School Committee must disclose the complete terms of the proposed contract on the School Department's Web site at least ninety days prior to the School Committee's approval of the contract, along with the specific proposed reductions in Town and/or School Department employees and/or services that will be required to fund such a contract for each year of the proposed contract as well as the annual and cumulative estimated dollar amount of annual increases that are in excess of two and one-half percent (2 '/z%) of the preceding year's payroll and payroll related costs. Section 2: Complete Details of Proposed Labor Contracts Required to be disclosed on the respective Town and School Department Web sites and be available at the Town Clerk's office. A copy of the proposed contract, including identification of any items changed from the terms of the prior contract, as well as a detailed compilation of all payroll and payroll related costs for 11 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB each employee and/or position included in any contract in Sections IA and 1B by employee name and/or position, total wages proposed in each contract year and the estimated payroll related costs, as defined in Section 3, for all benefits to be provided to each employee by position including maximum estimated current and retirement health insurance costs (regardless of whether the employee is currently insured under the town's health insurance plan), estimated pension retirement costs, maximum allowances by hours and costs for sick time, personnel time, bereavement time, holiday time, vacation time and other time not required to be working as well as minimum actual hours required to work per terms of the proposed contract. The computation for retirement health and pension benefits shall be computed on an actuarial method based on each employee's age and expected benefit cost amortized over the employee's expected period of employment assuming retirement at the earliest age the employee shall be able to receive maximum benefits provided. Section 3: Definitions and Procedures Payroll and payroll related cost increases shall be defined as the total annual payroll cost increase in a contract for each employee plus estimated annual increases in payroll related costs, including, but not limited to, all employee benefits such as additional time off, employee health insurance and pensions costs, whether paid by the Town or deducted and/or charged by the Commonwealth of Massachusetts in computing local aid to the Town, and payroll tax increases. Payroll 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 assignable 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 and/or Schools. The determination of the percentage increase provided for in any new labor contract shall be made by the Board of Selectmen or the School Committee who shall make public their computations in the information required to be presented on the respective web sites and available at the Town Clerk's office at least ninety days prior to approval of any contract identified in Section 1 by the Selectmen or School Committee. The Finance Committee shall issue appropriate rules and/or regulations in order to implement the requirements of this By-Law and shall make the final determination as to whether the requirements have been met by The Selectmen and School Committee. Section 4: Other Provisions Failure to comply with this By-Law shall prevent Town Meeting from taking any action on the proposed contracts or budget line items in which they are included, including appropriation and funding thereof, or to take any other action relative thereto. Petition of Robert Ercolini and others 12 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 26. Amend Town Charter — Chapter 2, Section 8- Add New Section 2-8-4 — Requirements for Disclosure, Initial Funding and Appropriation of Labor Contracts involving Expenditures in excess of $500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. To see if the Town will vote to Amend Town Charter as follows: Chapter 2, Section 8 By adding Section 2-8-4 entitled "Requirements for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of $500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting": The Town of North Andover shall adopt a By-Law that provides for public disclosure by fiscal years of the total estimated increased costs to be incurred by the Town of North Andover for any proposed labor contract involving annual expenditures in excess of$500,000 that are anticipated to increase current employee payroll and all payroll related costs by more than two and one-half percent (2 '/z%) over the previous year's costs, at least ninety days prior to the execution of the proposed contract by the Selectmen for Town employee contracts and by the School Committee for all School Department employee contracts in order for them to be eligible for submission to Town Meeting for appropriation funding and, if applicable, for approval of the contract. The By-Law shall also require, to the extent permitted by law, the aforementioned contracts be submitted to Town Meeting as a separate budget line item and fully detailed in the Town Meeting warrant. It is the intention of this Article to be submitted to the voters of the Town of North Andover at the next annual town wide elections after and subject to a 213's approval vote at North Andover's May, 2007 Annual Town Meeting in accordance with Chapter 43B Section 10 of the Massachusetts General Laws. Petition of Robert Ercolini and others Article 27. Amend Zoning Bylaw — Add New Section — Section 17 - OSGOOD SMART GROWTH OVERLAY DISTRICT. FINAL TEXT — WILL BE REPLACED IN ITS ENTIRETY AND INSERTED IN POSTING WARRANT AND FINANCE COMMITTEE REPORT - JAB Community Development Division 13 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 28. Amend North Andover Zoning Map - Establish OSGOOD SMART GROWTH OVERLAY DISTRICT — May 34 Parcel 17-1600 OSGOOD STREET- FORMER LUCENT TECHNOLOGIES SITE. To see if the Town will vote to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the Zoning Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY DISTRICT; shown as Map 34, Parcel 17 and identified as 1600 Osgood Street, North Andover, Former Lucent Technologies Site. A map of the district is on file in the Office of the Town Clerk 120 Main Street; or to take any other action relative thereto. Community Development Division w � u ❑ El ON vW a ti w W G M M' 1 Article 29. Accept Provisions of Massachusetts General Laws Chapter 43D — As Amended by Section 11 of Chapter 205 of the Acts of 2006. To see if the Town will vote to accept the provisions of Chapter 43D of the Massachusetts General Laws, as amended, pursuant to Section 11 of Chapter 205 of the Acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation as an overlay for land at a portion of 1600 Osgood Street(Map 34, Parcel 17); or to take any other action in relation thereto. Community Development Division 14 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 30. Amend Zoning May — 200 and 220 Sutton Street, Assessors May 39, Lot 24 and Assessors May 28, Lot 1, from Industrial S (I-S) to Business 2 (11-2). To see if the Town will vote to amend the Zoning Map of the Town of North Andover to rezone two parcels of land, known and numbered at 200 Sutton Street and 220 Sutton Street shown on the attached plan entitled "Rezoning Plan Of Land, Map 28, Parcel 1, and Map 39, Parcel 24, in North Andover, Mass.," dated February 26, 2007, prepared For LBM Realty Trust & Charles T. Matses, by Andover Consultants, Inc. on file with Town Clerk, located on the north side of Sutton Street at the corner of Sutton Street and Charles Street, from Industrial-S (I-S)to Business 2 (B-2). Said parcels are further described below: The first parcel known as 200 Sutton Street consists of 5.46 acres of land, shown as Lot 1 on Map 28 of the Town of North Andover Assessors Map, and is more particularly described as follows: Beginning at a point on the northerly line of Sutton Street, 166.00' westerly of a Stone Bound at the corner of Charles Street Thence running along said Sutton Street S 84-45-55 W a distance of 145.62' Thence running still along said Sutton Street N 89-29-11 W a distance of 146.97' to a P.K. Nail at land now or formerly of In-Laws Realty Trust. Thence turning and running by said land of In-Laws Realty Trust N 11-31-05 W a distance of 150.03' to a P.K. Nail Thence turning and running S 78-28-55 W a distance of 218.17' to Cochichewick Brook Thence running by said brook 75' +/-to land now or formerly of Boston& Maine Railroad Thence running N 51-14-47 E a distance of 130.87' Thence running N 44-58-47 E a distance of 102.00' Thence running N 38-36-19 E a distance of 61.32' Thence on a curve with a radius of 2,414.40' a distance of 533.45' the last four courses along said land of Boston& Maine Railroad, Thence running S 55-26-12 E a distance of 18.98' to Charles Street Thence along said Charles Street on a curve with a radius of 65.00' a distance of 71.50' Thence along said Charles Street on a curve with a radius of 29.95' a distance of 25.21' Thence along said Charles Street running S 05-16-20 E a distance of 370.25' to Parcel 24 as shown of said plan Thence running by said Parcel 24 S 84-45-55 W a distance of 166.00' Thence running S 05-16-20 E a distance of 300.00' to the point of beginning. Containing 5.46 acres +/- according to said plan. The second parcel numbered as 220 Sutton Street is shown as Lot 24 on Assessors Map 39 of the Town of North Andover Assessors Map, and is more particularly described as follows: 15 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Beginning at a stone bound at the corner of Charles Street& Sutton Street Thence running along said Sutton Street S 84-45-55 W a distance of 166.00' to Parcel 1 as shown on said plan Thence running by Parcel 1 N 05-16-20 W a distance of 300.00' Thence running N 84-45-55 E a distance of 166.00' to Charles Street Thence running along Charles Street S 05-16-20 E a distance of 300.00' to the point of beginning Containing 49,800 sq. ft. +/- according to said plan. For deed reference to Lot 1 (200 Sutton Street), see Deed to LBM Realty Trust recorded with the Essex North District Registry of Deeds in Book 3342, Page 328. For deed reference to Lot 24, see Deed to Charles T. Matses recorded with said Deeds in Book 958, Page 22, Or to take any other action related thereto. e'J' N ,y� i ion v97 o,a C a ion " V m iW Rezone 200-220 scorn n " Sutton Street u� 0 y° Map 28 Parcel 1 Industrial S(IS)To 4p 4 " Business 2) u V d� V ji PrVA r ,•°yr a ,'' n � �9 "µ a:^ dar 37's D m= a" � � I"" " "�, Rezone 200-220 Sutton Street Ip Map 39 Parcel 24 Business(2) � y P Qy 0=3 mwm/a..i DOX0 � Petition of John T. Smolak and others 16 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 31. Amend Zoning Bylaw — Section 4.133 Industrial 2 District — Add New Subsection - Subsection 24 — Allowed Uses in I-2 District. To see if the Town will vote to amend the allowed uses found in section 4.133 (Industrial 2 District) of the North Andover Zoning Bylaw by adding a new subsection 24. as follows: "24. The following uses shall be permitted by Special Permit issued by the Planning Board, and shall be subject exclusively to the design and dimensional requirements of the Route 114 Corridor Development District 2 (CDD2) provisions described in Subsections 16.5 through 16.10, as well as 16.12.2 of the Zoning Bylaw. The Planning Board may waive such design and dimensional requirements if it is deemed to be in the public interest to do so, and the Applicant may elect to include other uses allowed within the Industrial District under Section 4.133 as part of a proposed project to be governed by the provisions under this Subsection 24. a. Retail uses excluding auto sales, provided there is no outdoor sales or storage of materials and products; b. Restaurants, excluding drive through facilities; C. Personal Service Establishments; d. Professional offices including, but not limited to, banks, real estate offices, insurance offices, physicians offices, dentists, attorneys, architects, engineers or accountants; and, e. Accessory drive-through facilities, limited to banks and pharmacies only." And in connection therewith, to amend Table 1 (Summary of Use Regulations) under the list of Permitted Uses for "Eating and Drinking Establishment," "Personal Services," "Retail Establishment" by replacing under the I-2 District column the note "1V' with the note "SP*" and take any other action related thereto. Petition of John T. Smolak and others Article 32. Amend Zoning Map —Assessors Map 108-C Parcel 9 — Route 114 — Turnpike Street and Berry Street— Rezone from Residential 2 (R2) to CDD2. To see if the Town will vote to rezone the following described parcel of land (the "Property") from "Residential 2 District" to "Corridor Development District 2." The Property is located along Route 114 (Turnpike Road), North Andover, Massachusetts and shown on Assessor's Map 108-C as Lot 09. The Property has a total area of 133,238 square feet (3.059 acres) of land and 693.86 lineal feet of frontage along Turnpike Road and is further defined on a Plan of Land filed with the Land Court Division of the Essex North District Registry of Deeds as Plan Number 15467. The Property is on the north side of Route 114 opposite Harold Parker Road and is located 150.88 feet southeast of Berry Street directly in front of the Town's soccer fields and adjacent to other property owned by the Town that lies on the corner of Berry Street and Route 114. The Property abuts the southwest side of 2170 Turnpike Road; or to take any other action relative thereto. Board of Selectmen 17 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB llm,=Nx Da I a V EWA"M Rezone Assessor Map 108C Parcel 9 Residential 2(R2)to Corridor Development District 2(CDD2) �M C Ma 112,C:«M C'10pl j a 011 IN C WA Article 33. Amend Zoning Map—Assessors May 108-C Parcel 9—Route 114—Turnpike Street and Berry Street—Rezone from Residential 2 (R2) to Industrial 1 (11). To see if the Town to amend the official Zoning Map of the Town of North Andover, dated May 12, 1972, in order to rezone the Property from "Residential 2 District" to "Industrial 3 District." The Property consists of 133,238 square feet (3.059 acres) of land and lies within the Residential 2 District. The rear boundary line of the Property demarcates the Residential 2 District and the Industrial 3 District. The Property is on the north side of Route 114 opposite Harold Parker Road and is located southwest of Berry Street directly in front of the Town's soccer fields and southeast of other property owned by the Town that lies on the corner of Berry Street and Route 114. The purpose of this petition is to rezone the Property to Industrial 3 District; or to take any other action relative thereto. By Citizen Petition 18 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB llm,=Nx ire Da I a V EWA"M ENIA 1- Rezone Assessor Map 108C Parcel 9 Route 114 Turnpike Street From Residential 2(R2) to Industrial 1(11) C'10pl v", 11MC: a IN C WA I Article 34. Petition the General Court -Enact General Bylaw — Machine Shop Village Neighborhood Conservation District Bylaw — Chapter 134 — Neighborhood Conservation District-Machine Shop Village. To see if the Town will vote to petition the General Court to enact a bylaw defined as the Machine Shop Village Neighborhood Conservation District Bylaw" to be inserted into the General Bylaws for the Town of North Andover as Chapter 134. PREAMBLE: The Massachusetts Historical Commission has defined a Neighborhood Conservation District as a group of buildings and their settings that are architecturally and/or historically distinctive and worthy of protection based on their contribution to the architectural, cultural, political, economic or social history of the community. A Neighborhood Conservation District bylaw protects the overall character of the neighborhood by regulating the demolition of significant buildings and making sure new construction respects the scale, massing, setback and materials of the historic structures. A Neighborhood Conservation District is different from a Local Historic District such as the Old Center Local Historic District. A Local Historic District is a group of buildings and their settings that are worthy of protection at the local level, and are generally more historically intact than buildings in a Neighborhood Conservation District. Local Historic District regulations are generally more restrictive than Neighborhood Conservation District regulations. 19 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB The Machine Shop Village Study Committee (MSVSC) was established by the North Andover Board of Selectmen in February 2006. The MSVSC reviewed Machine Shop Village history, reviewed requirements for Local Historic Districts and for Neighborhood Conservation Districts and solicited input from neighborhood residents through numerous public meetings. A Neighborhood Conservation District will benefit the Town by preserving the fabric of historic Machine Shop Village without overly encumbering the residents with restrictions. It is expected that a Neighborhood Conservation District will be able to preserve structures, eliminate demolition and require that significant structural changes suit the character of the neighborhood, without limiting the ability of routine maintenance and minor alterations to be made in a cost- effective manner. The proposed Bylaw is as follows: Machine Shop Village Neighborhood Conservation District— Chapter 134 The Town of North Andover hereby establishes a Neighborhood Conservation District, to be administered by a Neighborhood Conservation District Commission. This Bylaw shall be known and may be cited as the North Andover Machine Shop Village Neighborhood Conservation District Bylaw and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended. PURPOSE This by-law is enacted for the purpose of preserving and protecting groups of buildings and their settings that are architecturally and historically distinctive which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town and to limit the detrimental effect of alterations, additions, demolitions and new construction on the character of the town. Through this bylaw, alterations, additions, demolition and new construction may be reviewed for compatibility with the existing buildings, setting and neighborhood character. This bylaw seeks to encourage the protection of the built environment through a combination of binding and non-binding regulatory review. This bylaw promotes the public welfare by making the town a more attractive and desirable place in which to live and work. DEFINITIONS As used in this Bylaw the following terms shall have the following meaning: ADDITION A change to a building that includes additional stories, height or floor area. ADVISORY REVIEW An application review procedure that provides non-binding recommendations to the applicant. ALTERATION, TO ALTER A change to a building or part thereof such as removal, construction, reconstruction, restoration, replication, rehabilitation, demolition and other similar activities. A change to a building that 20 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB includes additions and other similar activities. A change to a site that includes constructing, placing, erecting, installing, enlarging and moving a building or other similar activities. APPLICATION The complete document(s) and supporting material(s) to be submitted by an applicant desiring to obtain a Certificate to Alter. A complete application shall include information reasonably deemed necessary by the commission to enable it to make a determination. BUILDING A combination of materials forming a shelter for persons, animals or property. CERTIFICATE TO ALTER A document granted by the Neighborhood Conservation District Commission in order to obtain a building (or demolition) permit. COMMISSION The Machine Shop Village Neighborhood Conservation District Commission COMPATIBLE A project that meets the design guidelines of the neighborhood conservation district commission. DESIGN GUIDELINES The document used by the Neighborhood Conservation District Commission to determine whether a proposed project is compatible. The design guidelines are appended to this bylaw. DISTRICT The Neighborhood Conservation District as established in this bylaw. PERSON AGGRIEVED An applicant, an abutter or an owner of property within the district. SUBSTITUTE DOORS Doors consisting of materials that no longer represent the original fabric but do maintain the original architectural integrity with respect to form, fit and function. SUBSTITUTE SIDING Exterior covering of building consisting of materials that no longer represent the original fabric or intent. SUBSTITUTE WINDOWS Windows consisting of materials that no longer represent the original fabric but do maintain the original architectural integrity with respect to form, fit and function. DISTRICT The Neighborhood Conservation District shall encompass the area shown on the map titled, Machine Shop Village Plan of Proposed Neighborhood Conservation District, Figure 1, which is appended to this bylaw. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION The Neighborhood Conservation District shall be overseen by a Commission consisting of five or seven members, to be appointed by the Board of Selectmen, two or three members initially to be appointed for one year, two or three for two years, and one for three years, and each successive appointment to be made for three years. The Board of Selectmen may appoint up to five alternate members to the Neighborhood Conservation District. Said alternate members shall initially be appointed for terms of one, two 21 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB and three years, and for three year terms thereafter. In the case of absence, inability to act, or recusal from action due to a conflict of interest, his or her place shall be taken by an alternate member designated by the Chairperson, if available, otherwise by the Vice-Chairperson if available, otherwise by a majority vote of the members and alternate members of the Commission present. The Commission shall include, if possible, a minimum of three residents of the district; a member of the local historical commission; a Realtor; an architect and a building contractor familiar with historic rehabilitation. If possible, the Chairperson of the Commission should be a resident of the district elected by a majority of the Commission. Members and alternates of a neighborhood conservation district shall by reason of experience or education have demonstrable knowledge and concern for improvement, conservation and enhancement of the district. Each member and alternate member shall continue to serve in office after the expiration date of his or her term until a successor is duly appointed. Meetings of the Commission shall be held at the call of the Chairperson, at the request of two members and in such other manner as the Commission shall determine in its Rules and Regulations. Three members of the Commission shall constitute a quorum. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSION POWERS AND DUTIES The Commission shall exercise its powers in administering and regulating the alteration of buildings within the neighborhood conservation district as set forth under the procedures and criteria established in this bylaw. The Commission, after a public hearing duly posted and advertised at least 14 days in advance in a conspicuous place in Town Hall, may adopt and from time to time amend, reasonable Rules and Regulations not inconsistent with the provisions of this bylaw or setting forth such forms and procedures as it deems desirable and necessary for the regulation of its affairs and the conduct of its business, including requirements for the contents and form of applications for certificates, fees hearing procedures and other matters. Amendments to the Rules and Regulations shall be made by a majority vote of the Commission. The Commission shall file a copy of any such Rules and Regulations with the office of the Town Clerk. The Commission, after a public hearing duly posted and advertised at least 14 days in advance in a conspicuous place in Town Hall may from time to time amend the design guidelines which set forth the designs for certain alterations which are, in general, suitable for the issuance of a Certificate to Alter. Amendments to the design guidelines shall be made by a majority vote of the Commission. No such design guidelines shall limit the right of an applicant for a Certificate to Alter to present other designs to the Commission for approval. The Commission shall at the beginning of each year hold an organizational meeting and elect a Chairperson, a Vice Chairperson and Secretary, and file notice of such election with the office of the Town Clerk. The Commission shall keep a permanent record of its regulations, transactions, 22 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB decisions and determinations and of the vote of each member participating therein. The Commission shall undertake educational efforts to explain to the public and property owners the merits and functions of a neighborhood conservation district. ALTERATION PROHIBITED WITHOUT A CERTIFICATE Except as this Bylaw provides, no building or part thereof within a Neighborhood Conservation District shall be altered unless the commission shall first have issued a Certificate to Alter. Except as this Bylaw provides, no building (or demolition) permit shall be issued by the town or any department thereof until a Certificate to Alter has been issued by the Commission. ALTERATIONS EXCLUDED FROM COMMISSION REVIEW It shall be the responsibility of the Commission, or its delegate thereof to determine whether an alteration is exempt from review. The Commission or its delegate thereof shall have seven days to make this determination. The following projects are excluded from Commission review. • Projects not requiring a building (or demolition) permit. • Structures when not defined as buildings or parts of buildings • Temporary buildings subject to time limits by the Neighborhood Conservation District Commission. • Interior Alterations • Storm windows and doors, screen windows and doors. • Removal, replacement or installation of gutters and downspouts. • Removal, replacement or installation of window and door shutters. • Accessory buildings of less than 100 square feet of floor area. • Removal of substitute siding. • Alterations not visible from a public way. • Ordinary maintenance and repair of architectural features that match the existing conditions including materials, design and dimensions. • Replacement of existing substitute doors, substitute siding or substitute windows with new materials that are substantially similar to the existing condition. • Replacement of original fabric windows or doors with substitute windows or doors that maintain the architectural integrity with respect to form, fit and function of the original windows or doors. • Reconstruction, substantially similar in exterior design, of a building, damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. PROCEDURES FOR THE REVIEW OF MAJOR ALTERATIONS The following major alterations require the submittal of an application for a regulatory review by the Commission. The decision of the Commission shall be binding on the applicant. • Demolition of a building or part of a building. • New construction including buildings and additions. 23 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB • Accessibility Improvements including ramps, rails, walkways and mechanical equipment associated with exterior architectural barriers. • Replacement of original fabric with substitute siding • Removal of architectural trim • Replacement of windows and doors that alters the form, fit or function of the existing opening. Within forty five days of the submittal of an application for a major alteration, the Commission shall hold a public hearing on the application. At least seven days before said public hearing, public notice shall be given by posting in a conspicuous place in Town Hall. Such notice shall identify the time, place and purpose of the public hearing. At least seven days before said public hearing, a copy of said public notice shall be mailed to the applicant, to the owners of all adjoining properties and of other properties deemed by the Commission to be materially affected thereby all as they appear on the most recent applicable tax list. Following the public hearing, the Commission shall determine whether the proposed alteration is compatible with the design guidelines and the purpose of this bylaw. Determinations shall be made by majority vote of the Commission. If the Commission determines that the alteration is compatible, the Commission shall issue a Certificate to Alter. The concurring vote of a majority of the members shall be required to issue a Certificate to Alter. If the Commission cannot determine that the alteration is compatible, the Commission shall decline to issue the Certificate to Alter. The Commission shall provide the applicant with the reasoning for their disapproval including how the alteration does not meet the design guidelines or the purpose of this bylaw. PROCEDURES FOR ISSUANCE AND FILING OF CERTIFICATES Each Certificate issued by the Commission shall be dated and signed by its chairperson or such other person designated by the Commission to sign such Certificates on its behalf. The Commission shall send a copy of its Certificates and disapprovals to the applicant and shall file a copy of its Certificates and disapprovals with the office of the Town Clerk and the Building Commissioner. The date of issuance of a Certificate or disapproval shall be the date of the filing of a copy of such Certificate or disapproval with the office of the Town Clerk. If the Commission should fail to make a determination within sixty days of the filing of the application for a Certificate, or within such further time as the applicant may allow in writing, the Commission shall thereupon issue a Certificate to Alter due to failure to act. ENFORCEMENT AND PENALTIES The neighborhood conservation district is specifically authorized to institute any and all actions, proceedings in law and in equity, as they deem necessary and appropriate to obtain compliance with the requirements of this bylaw or to prevent a threatened violation thereof. 24 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB The Commission may designate the Building Commissioner to act on its behalf and to enforce this Bylaw under the direction of the Commission. Any owner of a building subject to this bylaw that altered a building without first obtaining a Certificate to Alter in accordance with the provisions of this bylaw shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until the alteration is corrected, the addition is removed or a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. If a violation of this bylaw remains outstanding, no building permit on the premises shall be issued until the violation is corrected or unless otherwise agreed to by the Commission. APPEAL PROCEDURE Any applicant or person aggrieved by a determination of a neighborhood conservation district commission may appeal to a court of competent jurisdiction. VALIDITY AND SEPARABILITY The provisions of this Bylaw shall be deemed to be separable. If any of its provisions, sections, subsections, sentences or clauses shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Bylaw shall continue to be in full force and effect. APPENDICES A. The location and boundaries of the Machine Shop Village Neighborhood Conservation District are defined and shown on the Machine Shop Village Neighborhood Conservation District Map of the Town of North Andover, Figure 1 which is a part of this Bylaw. a�aj" �l'W F�ernrkq WILL M1'➢eu.. I�Ymrw Birui�5ef�F�' -N �ErLYC Mik aHNNE SH0F VULE I ///��IP /J/ ICI gYfiUllMfa�A CAL Md17 //, cucwIli s aufI �/��11t / A W //l flf A ittl YfBmy r y, /i,�lrJ� r l�'✓r>'/�J n, I r!`xrru � �r� iMW Oi `-",. /i//„ � r r .6' / -ar IN - g�I WgE >n Iars� PWKP;11WW44EI5 1&-3'9W rr nre�wEaar�,wAOw!.w�i mesMAIN a 1 ti/// ii �u.�eMaannuuu wnoy¢s� �",;• W1 RIWI`H[JW /r ��l/1 ,v �i 4E3F IM}QVKP l"If IDW MAP,%7, 115215" f / /r .._w=,a.Srwx Sr 216"NAM 0.1 t 'Im BLANC HARM hWXISF 1641, E YNW ELM Wr. MACHINE SHOP VIL GE S9FSC " / W TS ercxoc-wt nq,asmwr HISTORIC SNDFCPVAND CP1 � I �rrl�u�E ra�Farns,rwr«�u�wa.rwW , mc 45 ELM SX J _ WI'. 25 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB r �? bammaw- �1:mNN'�L2 Ek4;,mNYf�QT M rAmfls goS� ' 4� mai.m�m��s ��ca MgrAOS mccrmmis *w ti� �^�r � r � ccmccl `n, n r vl Oas), � 4,2 Ya 26 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB B. Design Guidelines Appendix B Machine Shop Village Neighborhood Conservation District -Design Guidelines No building permit for construction of a building or structure or for alteration of an exterior architectural feature within the Machine Shop Village Neighborhood Conservation District and no demolition permit for demolition or removal of a building or structure within the Machine Shop Village Neighborhood Conservation District shall be issued by any town department until a Certificate to Alter has been issued by the Commission. GENERAL There are many elements that contribute to the character of both a building and a neighborhood that are considered by the Commission in its deliberations. These include architectural style, individual architecturally significant elements, and the degree of visibility for work under construction. The design strategy used in the context of the Neighborhood Conservation District recommends that changes made are consistent with the materials, scale, proportions, detailing, character, and stylistic features of the building. In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, and material of the features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law. The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surrounding and of the Machine Shop Village Neighborhood Conservation District. The Commission recommends the following general guidelines: 1. Original materials and features should be kept and not removed or altered; if a replacement is necessary it should match the original in material and design. 2. New openings on visible facades are discouraged, except to restore original or pre- existing conditions. 3. Restoration of missing design features should be documented by photographic, physical or historical evidence. 27 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB 4. Deteriorated architectural features should be repaired rather than replaced, whenever possible. 5. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed at a later date, the essential form and integrity of the structure would be unimpaired. 6. The use of new materials not originally found on the building is discouraged. 7. The commission generally encourages the retention of existing original windows. NEW CONSTRUCTION AND ADDITIONS New construction requires much careful planning. The Commission reviews proposals on a case by case basis. 1. Additions should, if possible, be on the least visible facade. The Commission prefers the least disruption to the external appearance of the building and the streetscape. 2. Typically additions should blend or harmonize with the existing character of the building, taking into account size, scale, massing, material, location and detail. It is also desirable that the original portion of the building continues to be recognizable, apart from the addition, by means of massing, articulation, trim or other devices. 3. New construction should be compatible and harmonious with the existing historic streetscape. The historic relationship of buildings to the street, including setbacks and open spaces, shall be maintained. Attention will be given to construction materials, scale, massing, and architectural details. WINDOWS Windows are one of the most important design features of any structure. The material, design and placement of the windows reflect the architectural and cultural character of the building's period or style. There are several aspects to consider—including the original casing, size, and number of panes, rhythm, patterns, placement, and type of window. 1. Typically the number and arrangement of panes in new windows should be compatible with similar sized and proportioned windows in the building, e.g. "two over one', "six over six", etc. 2. It is desirable to repair and retain existing elements, such as sash, casings and muntins (or mullions), whenever possible. If replacement is necessary, it should be an exact replication of the original—e.g. with the same number and size of panes and dimensions of components. 3. New window openings and changes in existing window opening dimensions are generally discouraged, especially on principal facades. 4. Where double glazing intended to look like traditional wood sash is used, for instance on new construction, the commission generally prefers sash with a single sheet of double glazing and externally and internally adhered wood muntins combined with appropriately colored internal glazing bars between the layers of glass. 28 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB 5. Removable storm windows are preferred to replacement of original wood sash. We encourage storm windows that have a baked enamel finish that blends in with the paint scheme of the building or has a paintable surface. 6. Stained glass or decorative windows should be retained. MASONRY 1. The painting of masonry, which has never been painted, is strongly discouraged. 2. Tuck pointing (laying new mortar in old mortar joints of an existing brick wall) can change the appearance and character of a brick or stone walls. Repointing should be discussed with the Commission in advance. 3. Retain the original mortar whenever possible. If it is necessary to repoint, duplicate the old mortar as nearly as possible in type, color, size, texture and joint profile. 4. New bricks should match the old brick as closely as possible in size, color, and bond. 5. The use of sealers for bricks is strongly discouraged, as it tends to trap moisture. 6. If brick needs cleaning, sandblasting is not permitted. It will destroy the brick's hard outer crust and accelerate its deterioration. CLAPBOARD, SHINGLES, TRIM AND DETAILS 1. The covering of clapboard and shingles with any artificial siding or any other material is discouraged, except in accordance with the bylaw. The replacement of the original historic material is encouraged. 2. Existing trim should be retained and repaired wherever possible. 3. Removal of any architecturally or historically important trim is strongly discouraged. Such trim should be restored or replaced with an exact duplication. 4. The covering of trim with any artificial siding or any other material is discouraged. ROOFS-CHIMNEYS-DORMERS 1. All distinctive roof features-patterned shingles, iron cresting, chimneys, and weathervanes should be retained. 2. The retention of original rooflines is strongly encouraged. 3. Skylights and dormers are reviewed on an individual basis. It is recommended that these elements be placed on the rear or least visible facade whenever possible. 4. Original dormers and trim should not be removed. DOORS-ENTRANCES-PORCHES 1. Historic door openings should be retained. 2. Existing doors and door elements should be retained, including, but not limited to, transoms and sidelights. 3. Efforts should be made to replicate existing door hardware. 4. Plywood, metal, or other non-wood doors are not acceptable, except in accordance with the bylaw. 29 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB 5. The replacement of original elements or features appropriate to the style and age of a building is normally encouraged, when those features have been replaced with clearly unsuitable substitutes. 6. Removable storm doors, like removable storm windows, are permitted as "reversible changes". However, their installation should not destroy the integrity of original doorway. 7. Entrance porticos and porches shall be maintained, wherever possible 8. Enclosing porches and steps so as to destroy their intended appearance is strongly discouraged. SIGNS Signage within the Machine Shop Village Neighborhood Conservation District should contribute to and be in keeping with the historic character of the area. Traditional wood or wood like carved or painted signs are encouraged. Spot lighting is permitted. All new signs are subject to review by the commission. Signs made of the following types and/or materials will not be approved: 1. Plastic signs illuminated from the inside are not permitted. 2. No neon signs. 3. Existing neon signs can remain in place for a period of three years from the date that these guidelines come into effect. 4. Permanent vinyl banners will not be permitted. 5. Temporary vinyl banners or signs will be permitted for a period of time not to exceed 60 days. SEVERABILITY The provisions of these design guidelines shall be deemed to be severable if any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect. Or to take other action relative thereto. Petition of Lizzetta M. Fennessy and others Article 35. Amend North Andover Zoning Bylaw — Sections 8.9(3)(c)(0, 8.9(5)(d)(vii)(3), and 8.9(8) — Wireless Service Facilities — Setback and Monitoring Requirements. To see if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Service Facilities, subsection: 3)(c)(v) and 5)(d)(vii)(3) to modify the setback requirements and application submission requirements for wireless service facilities. Sub-section 8.9(3)(c)(v) is to be amended by removing the text shown as stricken, and adding the text shown as underlined 3) District Regulations c) Dimensional Requirements 30 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. (1) In order to ensure public safety, for any new groundmounted wireless service facility, the minimum distance from the base of any groundmounted wireless service facility to any property line, shall be two 2 times 22-x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". setbaek of 600 feet shall be Fequifed fef all wifeless deviees, antenna and theif fne edueational uses of any types. f4eility, the setbaek pfevisions of the zoning distfiet shall apply. in the Oase Of shelters shall not ; any non of..—MAly (1) Any non-concealed wireless service facility shall be set back at least two (2) times the height of the wireless service facility, as measured from the ground level, to each lot line of the site on which the wireless service facility is located. However, in the event that the wireless service facility is being mounted or—, attached or co-located to a pre-existing tower or pre-existing structure whose setback is already approved, either by right, by special permit or by variance-, if the ,Sl-'-GA detef-mi s- at th e-addition-of the wi,eaa.,s�-ser`v'-i��-fit°�11i�y-d'�7�`rraaac aaaatE.'ill�f-alta.a-caa�.,-+�ixsis-arm cascci�i r� ya'$l�then no new independent setback requirement shall be t required by the addition or co- location of the wireless service facility. (2) In the event that a wireless service facility is located, co-located or concealed within a pfee- rig s r �an enclosed building Aiese— tbael - s 'neady�pproved � 4 4h ddifi €� a sire..—aas�sici�rii—�a� r t 4 4 4 , r4,, t It .alres�—s�r`v'-2��— r4— � ei�-rss-a.irs�sr' r al asaa�s- basi� 4b� a then no new independent setback requirement shall be eteged,required for that facility. (3) In non-residential districts or on Town of North Andover owned land, the SPGA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety, promotes co-location or improves design, or improves public safety communication, and will not negatively impact the appearance and character of the neighborhood. Sub-section 8.9(5)(d)(vii)(3) is to be deleted by removing the text shown as stricken. 5) Application Procedures 31 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB d) Application Filing Requirements vii) Radiofrequency Radiation (RFR)Filing Requirements emissions.Health appfeving the site fef this f4eility as fequifed by 105 CN4R 122.000 fequifes that, the Depaftment of Pubfie Health appfeve all sites fef wifeless f4eilities with fespeet to Planning Board Article 36. Amend Zoning Bylaw — Add New Section — Section 7.4 (5) — Dimensional Requirements — Building Heights. To see if the Town will vote to amend the North Andover Zoning Bylaw by adding a new section, Section 7.4 (5); or take any other action relative thereto. Section 7.4 (5) to read as follows: SECTION 7 DIMENSIONAL REQUIREMENTS 7.4 Building Heights 5. Nor of a manufacturing building a height of eighty-five (85) feet from the ground, or pharmaceutical manufacturing silo having a height of one hundred-fifteen (115) feet from the ground. Community Development Division Article 37. Amend North Andover Zoning Bylaw — Section 8.5.6(F) Usable Open Space. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8.5.6(F) in order to further clarify the definition of Usable Open Space and the method for calculation of usable open space within a Planned Residential Development. Section 8.5.6(F) Usable Open Space now reads: F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved for permanent open space. This space shall exclude parking areas, but include required setbacks and walkways. The usable open space shall be open an unobstructed to the sky; however; trees, planting, arbors, flagpoles, sculptures, fountains, swimming pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. 1. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland. 32 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB 2. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland. All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: 1. A non-profit organization or trust whose members are all the owners and occupants of the units, 2. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, 4. Any group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Such restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. Section 8.5.6(F) Usable Open Space as amended by replacing the current language to read as follows: F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved for permanent open space or passive recreation use. The usable open space shall be open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains, outdoor open-air, passive/active recreational facilities and similar objects shall not be considered "obstructions". 1. Usable Open Space Ratio: a. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. b. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space 33 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. 2. Usable Open Space Calculation: a. Parking areas and roadways may not be included in the calculation of open space area, but the calculation may include required setbacks, waterways, and walkways. If the Planning Board requires additional parking to facilitate use of the open space, then that added parking area may be included in the calculation of the open space. b. For the purpose of creating townhouses, condominiums,=or—multi-family, car similarfamlly housing within a Site Plan Special Permit PRD and Subdivision PRD, that area of land extending a minimum of twenty-five feet (25'} from the foundation of the residential structure eave, doorsteps or stairway, patio area deck balcony chimney or any other structure or improvement shall be excluded from the calculation of useable open space. If a residential structure or dwelling is more than one story tall, the minimum twenty-five foot (1K) area must be measured from the furthest point from the structure or improvement. c. The usable open space shall be contiguous. Usable open space may still be considered contiguous if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw. d. Wastewater/Stormwater Structures: At the discretion of the Planning Board, subsurface wastewater and stormwater management systems serving the PRD may be located within the open space, with the approval of the Planning Board. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. e. Accessory Structures: The Planning Board may permit up to five percent (5%) of the open space to be paved (pervious "paving" materials are encouraged) or built upon for structures accessory to the dedicated use or uses of such open space (for example, pedestrian walks and bike paths). Parking areas and areas used for vehicular access or egress shall not constitute open space. f. At the sole discretion of the Planning Board, the Planning Board may waive the conditions in Section 8.5.6(F)(2) Useable Open Space Calculations if it finds that the project satisfies the purpose and intent of the Section 8.5 and improves the overall PRD design. 3. Ownership and Accessibility: a. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: i. A non-profit organization or trust whose members are all the owners and occupants of the units; ii. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space; 34 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB iii. The Town of North Andover; and Any group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. b. The usable open space shall be to greatest extent practicable accessible to the general public (unless restricted) and not for the exclusive use of a homeowner, homeowners' association or non-profit organization. For open space maintained strictly for active agricultural purposes, public access may be limited or completely excluded. This agricultural and access restriction shall be included as a deed restriction running with the land. 4. Restrictions: a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. b. Such restriction(s) shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. Planning Board Article 38. Amend General Bylaws-Insert New Chapter — Chapter 82 — Demolition Delay. To see if the Town will vote to enact the following Chapter 82 of the General Bylaws to delay demolition of historic buildings. Chapter 82 to read as follows: CHAPTER 82 - DEMOLITION DELAY § 82-1. Intent and Purpose. This by-law is enacted for the purpose of preserving and protecting significant buildings within the Town, which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town and to limit the detrimental effect of demolition on the character of the town. Through this bylaw, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings and residents of the town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this bylaw promotes the public welfare by making the town a more attractive and desirable place in which to live and work. To achieve these purposes the Historical Commission is authorized to advise the Building Inspector with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this by-law. § 82-2. Definitions. APPLICANT-Any person or entity that files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application. 35 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB APPLICATION-An application for the demolition of a building. BUILDING-Any combination of materials forming a shelter for persons, animals, or property. BUILDING COMMISSIONER or INSPECTOR- The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits. COMMISSION - The North Andover Historical Commission or its designee. DEMOLITION-Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. DEMOLITION PERMIT - The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building. PREFERABLY PRESERVED - Any significant building, which the Commission determines, following a public hearing that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the fifteen-month demolition delay period of this bylaw. SIGNIFICANT BUILDING- Any building within the town which is in whole or in part seventy- five years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria: a. The Building is listed on, or is within an area listed on, the National Register of Historic Places; or b. The Building has been found eligible for the National Register of Historic Places; or C. The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth; or d. The Building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings. § 82-3. Procedures. No demolition permit for a building which is in whole or in part seventy five years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over seventy-five years old for the purposes of this bylaw. An applicant proposing to demolish a building subject to this bylaw shall file with the Building Commissioner an application containing the following information: a. The address of the building to be demolished. b. The owner's name, address and telephone number. c. A description of the building. d. The reason for requesting a demolition permit. e. A brief description of the proposed reuse, reconstruction or replacement. f. A photograph or photograph(s) of the building. The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within thirty days after receipt of the application, make a written determination of whether the building is significant. 36 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. Upon determination by the Commission that the building is significant, the Commission shall so notify the Building Commissioner and the applicant in writing. No demolition permit may be issued at this time. If the Commission does not notify the Building Commissioner within thirty days of receipt of the application, the Building Commissioner may proceed to issue the demolition permit. If the Commission finds that the building is significant, it shall hold a public hearing within thirty days of the written notification to the Building Commissioner. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in town hall for a period of not less than seven days prior to the date of said hearing and the applicant and the building inspector shall be notified in writing of the meeting time and place. The Commission shall decide at the public hearing or within fourteen days after the public hearing whether the building should be preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed. If the Commission determines that the building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. If the Commission determines that the building is preferably preserved, the Commission shall notify the Building Commissioner and applicant in writing. No demolition permit may then be issued for a period of fifteen months from the date of the determination unless otherwise agreed to by the Commission. If the Commission does not so notify the Building Commissioner in writing within twenty-one days of the public hearing, the Building Commissioner may issue the demolition permit. Upon a determination by the Commission that any building that is the subject of an application is a preferably preserved building, no building permit for new construction or alterations on the premises shall be issued for a period of fifteen months from the date of the determination unless otherwise agreed to by the Commission. No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have been found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section. 37 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the fifteen months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is served even with the issuance of the demolition permit or the building permit. Following the fifteen-month delay period, the Building Commissioner may issue the demolition permit. § 82-4. Administration. The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw. The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this bylaw. The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee. The Commission may pro-actively develop a list of significant buildings that will be subject to this bylaw. Buildings proposed for the significant building list shall be added following a public hearing. An Emergency Demolition shall be allowed, if after an inspection, the Building Commissioner finds that a building subject to this bylaw is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Commissioner may issue an emergency demolition permit to the owner of the building or structure. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision, which shall be forwarded to the Commission. § 83-5. Enforcement and Remedies. The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this by-law or to prevent a threatened violation thereof. Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission. § 84-5. Historic District Act. 38 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Following a determination that the building is significant and preferably preserved, the Commission may recommend to town meeting that the building be protected through the provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this by-law shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this by-law do so conflict, that act shall prevail. § 85-6. Severability. In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect. Or to take any other action relative thereto. Petition of Kathleen T. Szyska and others Article 39. Amend Chapter 28 of the General Bylaws—Affordable Housing Trust Fund. To see if the Town will vote to amend Chapter 28 of the General By-Laws, the Affordable Housing Trust Fund, as follows, in accordance with the provision of Massachusetts General Laws Chapter 44, Section 55C, as amended by Chapter 109 of the Acts of 2006: Delete existing Section 28-2, Purpose, and replace with the following: §28-2. Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable 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 accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real and personal property or money, both tangible and intangible, of every sort and description; to use such property, both real and personal, and money, in such manner as the Trustees shall deem 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 the Trust was formed. Amend §28-3, Tenure of Trustees, by adding the following sentence to the end of said section: Nothing in this section shall prevent a board of selectmen from appointing the town manager as a member or chair of the board, with or without the power to vote. Delete existing Paragraph A from Section 28-5, Powers of Trustees, and replace with the following: 39 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB A. With the approval of the Board of Selectmen, to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation, or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from General Laws Chapter 44B. Delete existing Section 28-8, Liability, and replace with the following: §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 employer and the Trustees are public employees for the purpose of G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of Massachusetts General Laws Chapter 268A. Delete existing Section 28-14, Recordings, and replace with the following: §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 or to carry out the purposes and powers of the trust. Board of Selectmen Article 40. Acquisition of 75 Park Street — Assessors Map 85, Parcel 13 - Former Greenery Property. To see if the Town will vote to raise, borrow and/or appropriate a sum of money for the acquisition by purchase or eminent domain a parcel of land of approximately 2.55 acres on which are situated two structures; one a three story brick building formerly used as a nursing home (aka the Greenery) and the other a two family dwelling, owned by HRPT Properties Trust, or its successor in ownership, located at 75 Park Street as further described on Assessors Map 85, Parcel 13 and to meet said appropriation with funds transferred and/or borrowed in accordance with MGL Chapters 44 and/or 44B, the Community Preservation Act, or any other enabling authority and to authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications for funds in anyway connected with the scope of this acquisition, and that the Town Manager and/or the Board of Selectmen be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of North Andover to effect said purchase or eminent domain acquisition; or to take any action relative thereto. Board of Selectmen 40 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 41. Petition the General Court—Exempt Positions of Police Chief and Fire Chief from Civil Service. To see if the Town will vote to authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact a Home Rule Petition exempting the positions of Police Chief and Fire Chief from Massachusetts General Law, Chapter 31, Civil Service, and upon approval of said Home Rule Petition, the following shall become a bylaw of the Town of North Andover: Chapter 45 Public Safety, Chiefs of Police and Fire Departments § 45-1 Exemption from Civil Service Notwithstanding the provisions of any general or special law to the contrary, the provisions of chapter 31 of the General Laws shall not apply to the positions of Police Chief and Fire Chief in the Town of North Andover. § 45-2 Incumbent Status Section 1 shall not impair the civil service status of any person holding the position of Police Chief or Fire Chief on the effective date of this bylaw. § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and • Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. Board of Selectmen 41 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Article 42 —Petition the General Court — An Act Conferring on the Town Manager the Powers of Appointment and Removal Over Police Officers in the Town of North Andover. To see if the Town will vote to Petition the Legislature to adopt the following Act: An Act Conferring on the Town Manager the Powers of Appointment and Removal over Police Officers in the Town of North Andover as follows: SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, except as may otherwise be provided by Massachusetts General Laws Chapter 31, the Town Manager shall have the power, on the basis of merit and fitness alone, to appoint, suspend or remove all police officers below the rank of Chief in the Town of North Andover, subject to the approval of the Board of Selectmen. SECTION 2. Section 1 shall not be interpreted to impair the civil service status of any person holding the position of police officer below the rank of Chief on the effective date of this act. SECTION 3. This act shall take effect upon its passage. Or to take any other action relative thereto. Board of Selectmen Article 43. Petition the General Court — Age Exemption — Kevin Farragher— Firefighter. To see if the Town will vote to Petition the General Court to enact Legislation so that Kevin P. Farragher shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Kevin P. Farragher shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws any regulations of the civil service commission and any lawful hiring practices for the Town of North Andover; or to take any other action relative thereto. Petition of Kevin Farragher and others Article 44. Petition the General Court to Amend Chapter 3, Section 6.1 — Expand Number of Constables. To see if the Town will vote to authorize the Board of Selectmen to Petition the Legislature to amend the Town Charter for the Town of North Andover by, deleting in item (h) "three". Section 6-1 currently reads: Section 6 Powers of Appointment (Board of Selectmen) 3-6-1 The board shall have the power to appoint: (a) a Town Manager as provided in Chapter 4: (b) town counsel;(c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d)a police chief, (e) a fire chief, (f)three members of a board of registrars of voters for overlapping three-year terms; (g) election officers; (h) three constables; and (I) five members and three associate members of a zoning board of appeals for overlapping three-year terms. 42 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Or to take any other action relative thereto. Petition of James M. Xenakis and others Article 45. Adopt Resolution Supporting Establishment of Regional Operations Center for Essex County. To see if the Town will vote to support a feasibility study regarding the establishment of a Regional Emergency Dispatch Operations Center for Essex County; and further to authorize the Town Manager to appoint an individual to serve as the Town's representative to a committee of similar representatives from other municipalities in Essex County who support studying the feasibility of establishing a Regional Emergency Dispatch Operations Center for Essex County and to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money to fund the town's portion of the expense for the feasibility study; or to take any other action relative thereto. Board of Selectmen Article 46. Accept the Provisions of Chapter 39 Section 23 D — Voting Provisions for Town Boards. To see if the Town will vote to accept General Laws Chapter 39, Section 23D for all Town Boards, Committees and Commissions which conduct adjudicatory hearings, including but not limited to, the Board of Selectmen, Zoning Board of Appeals, Planning Board, Conservation Commission, Board of Health and Board of Assessors; or to take any other action relative thereto. Petition of Town Counsel Article 47. Amend General Bylaws-Chapter 88 Section 8 — Dogs — Nuisances. To see if the Town will vote to amend Chapter 88 DOGS of the General Bylaws by changing Section 88-8 Nuisances, as follows: Chapter 88, Section 88-8 is to be amended by removing the text shown as stricken, and adding the text shown as underlined. § 88-8 Nuisances and Fines No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance as defined below with the accompanying fine schedule: Barking frequently or for continued duration or making sounds which create a noise disturbance across a Fes al real property boundary: First Offense: $25.00, Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Molesting people or chasing vehicles: First Offense: $25.00, Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Habitually Attacking people, including biting, or ether domestic animals: 43 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB First Offense: $100.00, Second Offense: $200.00, 3rd and subsequent offenses: $300.00 Trespassing upon school grounds or other public land where dogs are banned, or trespassing upon private property in sueh v,, o as to damage r pefty shall be ,aeeme,a The penalty for violations shall be $25 for the first offense and $50 for each additional offense. First Offense: $25.00 Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Violation of Section 88-1 Leash Required: First Offense: $25.00 Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Violation of Section 88-3 Restraint Order: First Offense: $100.00, Second Offense $200.00 3rd and subsequent offenses: $300.00 Violations of this bylaw sha44 may be handled as a non-criminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21 D with the North Andover Police Department including the Community Service Officer being the enforcing officer for violations of this by law. However, nothing in this section shall be construed as limiting the authority of the Board of Selectmen as provided by Massachusetts General Laws, Chapter 140, Section 157. Or to take any other action relative thereto. Board of Selectmen Article 48. Amend Chapter 69 of the General Bylaws — Fire Alarms. To see if the Town will vote to amend the General Bylaws for the Town of North Andover, Chapter 69, Article I (Fire Detection and Alarm Systems), Sections 69-1 through 69-8.1) by replacing the existing text in its entirety. This bylaw is being updated to recognize new alarm technology, and for other purposes. Chapter 69, Sections 69-1 through 69-8.1 are to be amended by removing the text shown as stricken, and adding the text shown as underlined ARTICLE I Fire Detection and Alarm Systems § 69-1 Purpose and Scope This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire, wireless, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. 44 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB By definition, "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. § 69-2 Alarm Installation and Permit Requirements a. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief Or his designee. Existing fife alaffn systenns iiiurcvuc within zrrrcc-���iivircn� .file °f`fe ti .° .1 of this by law. The Fife Chief shall ,, fibe ., ,,1;..atio,, feff fef or-cn�cricccrv-c-accc��-rcc vv. crr�iznr�r°c3crivc�iric�prrccccrorrzvrrrrzvr the implementation o �L,;� 1. 1 ,.,. The fee f^r this .,1.,,.. shall be to .1.,11.,, tnczirrprcnicnccccro rcc vv�czcczo °c-rz�i�crr-v�ccn� ($10.00). The Fife fe D ,tfne„� h l l b 11 .1 to et the installation f+°,- •�L cpicrcrrxcn�izcrr-v�carrcc�cv�p cc�-cr�irrsccmiccrorrzcrccr ic3 eemplefien, f^,- whieh inspeetion the f° will be fo° „f- f+°°„ .1„11.fs ($15.00). The issuance of permits shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. b. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. e. Telephone dial-.. .-tee type tape feeefdefs must be eempatible with the alafffl.. efgeney Fife Depar-tment telephone numbef designated fef that pufpese. D: C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2012 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code- NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F, F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining any ° ° !ease' lines Of 45 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB equipment. the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of its the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department. § 69-3 Alarm Disconnection and Alteration Notice Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in wFifing This notice shall be de� in accordance with Mass. Building ing Cede Seel o 1200.3 Mainto,,. nee and M.G.L. Chapter 148 Section 10A, Section 27A, and Section 28. § 69-4 Automatic Shut Off Requirement All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s), shall be equipped with a timing unit, which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. All existing alaf"'- extefief addible alaffn deviee should be equipped with su This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical or electrical, which are used to indicate water flow. § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2) persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of Massachusetts General Law Chapter 268 Section 32 of the..,C>,., 68 (tampering with a fire alarm signal). If after three (3) attempts by the fire department, a zone of system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69-5 (a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The 46 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner, purchaser, lessee or renter of the system. C. All premises shall have their legal street number op sted clearly visible as per �g tower Massachusetts General Law Chapter 148 Section 59 prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town by-law Section 68—L1 69- 8_1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the fire department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. § 69-7 False Alarm Assessment by equipment fnalfunetion, as well as delibefate and unnee tion of the system. A. Alarm systems which generate false alarms ;r - Y twelve (12) fnenth pence shall be subject to the following assessment initially established.- Fire Alarm, Carbon Monoxide Alarm & Emergency Medical Systems FALSE ALARM ASSESSMENT 1 THROUGH 3 NONE 4 THROUGH 5 Q70 14 $300 EACH 6 OR MORE $500 EACH The current costs for all the personnel and equipment that respond to each call. The Fire Chief shall have the authority to waive the assessment if in his judgment extenuating circumstances justify such a waiver. 47 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB After a third false alarm within twelve .,,,,nths, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the ouffent *welv_e (12) fnenth pefie , f„r, the date of the first false alarm, will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) " credit against any assessment fer the f„,ti, false .,'.,,-.,, Qt4y. It is the intent of this section to have the system maintained on a regular basis. B. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. C. False alarms received during the first thirty (30) days following installation shall be wed not be counted for the purposes of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. D. Determination that a false alarm has been transmitted will be the judgment of the Fire Chief or his duly appointed duty officer. E. Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined, one thousand dellafs (e,000 00) § 69-7.1 Connection Fees Each alarm user shall on or before October 1st of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. Leeations that have multiple fnastef boxes as fequifed by the Fif e Depaftment shall ehafged a fee fef the initial fife alaffn box only. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed the fee once the radio box is properly installed and functioning as approved by the North Andover Fire Department. 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. § 69-7.2 Violations 48 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. b. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. c. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty (60) days from the assessment. d. Failure to comply with the requirements set forth in these regulations. e. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. f. Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. g. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. h. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation. § 69-8 Forcible Entry of Unoccupied Premises When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire Officer in command, may, if he has reasonable concern or suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exists. If this action becomes necessary, the Fire Officer shall: A. Notify the Police Department of this action. B. Secure the premises insofar as feasible. C. Continue efforts to contact the individuals listed as responsible for the structure. D. Enter the action taken in the Fire Department log. § 69-8.1 Secured Key Access Any building other than a residential building of fewer than six (6) units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the North Andover Fire Department and shall be located and installed as approved by the Chief, Any building owner 49 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB violating this Article after receiving due notice by the Fire Department shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40 §21D. Fire Chief Article 49. Repeal General Bylaw, Chapter 101 Section 2— Fees, Residuals Management Facility - Fee in Lieu of Taxes. To see if the Town will vote to amend the General Bylaws of the Town of North Andover by deleting Chapter 101 Section 2, "Fees; Residuals Management Facility — Fee in Lieu of Taxes" in its entirety. This section was previously adopted under Article 17 of the 1998 Annual Town Meeting; or to take any other action relative thereto. Board of Selectmen Article 50. Omnibus Street Acceptance. To see if the Town will vote to accept the following three streets as public ways, as laid out by the Selectmen in accordance with Massachusetts General Law, Chapter Flagship Drive (extension) Approximately 530 feet of roadway, 60 feet wide, extending from the terminus of Flagship Drive as accepted under Article 22 of the 1991 Annual Town Meeting to a cul-de-sac. Willow Street [South ??] [Extension??] Approximately 3500 feet of roadway, 50 to 60 feet wide, extending from the terminus of Willow Street as accepted under Article of the Town Meeting, to the extension of Flagship Drive described above. Bayfield Drive Approximately 550 feet of roadway, 60 to 80 feet wide, extending from the extension of Willow Street described above, to Andover Bypass, but without access to Andover Bypass. All as shown on a Street Layout Plan entitled, "Street Layout Plan of Willow Street (South) extension and Bayfield Drive "North Andover Business Park"; prepared for Bayfield Development Company, Inc., 355 Middlesex Avenue, Wilmington, MA 01887; prepared by the Neve-Morin Group, Inc., 447 Old Boston Road, Topsfield, MA 01983; scale 1"= 40', dated 12/21/04 on file in the Office of the Town Clerk. In response to a petition from Domenic J. Scalise and others to accept Long Pasture Road (off Forest Street), the Selectmen have not voted to lay out this way, and it is not proposed for acceptance at this meeting; Or to take any other action relative thereto. Board of Selectmen 50 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town, said copies to be posted not less than seven (7) days before the time of said meeting. Hereof, fail not, and make due return of the Warrant with the doings thereon to the Town at the time and place of said meeting. Given under our hands this Thirteenth Day of April, in the Year Two Thousand Seven. NORTH ANDOVER BOARD OF SELECTMEN Thomas Licciardello, Chairman Mark J.T. Caggiano Daniel P. Lanen Rosemary C. Smedile James M. Xenakis North Andover, Massachusetts Joyce A. Bradshaw, Town Clerk Attest: A True Copy 51 APRIL 11, 2007 ANNUAL TOWN MEETING WARRANT--NO 40 R-JAB