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TOWN OF NORTH ANDOVER
SPECIAL TOWN MEETING -NOVEMBER 27, 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 Auditorium 430 Osgood Street on Monday
November 27, 2006 at TOOPM then and there to act upon the following articles:
Article — Amend Zoning Bylaw Section 8.9-Wireless Service Facilities. To see if the
Town will vote to amend the Zoning Bylaw Section 8.9 Wireless Service Facilities to add
the following:
Section D (14)— Temporary Moratorium—
To establish a temporary moratorium on issuing, modifying or renewing any
special permits for wireless communications facilities, including towers, antennas and
related equipment, used for transmitting or receiving telecommunications signals within
the Town with the following provisions:
For so long as this moratorium remains in effect, no wireless communications
facility or structure appurtenant or accessory to a wireless communication facility shall be
constructed, nor shall any building permit, special permits, variance or site plan approval
decision for any such facility be issued in the Town of North Andover, nor shall any
Town board, department or official accept or approve any application (or plans) for any
building permit, special permit, variance or site plan approval decision for any such
facility.
The provisions of this temporary moratorium shall expire upon the adoption by
Town Meeting of any amendment(s) to this bylaw presented by the Wireless Bylaw
Committee at the next 2008 Annual Town Meeting and the approval of any such
amendment(s) by the Massachusetts Attorney General; or to take any other action relative
thereto.
Petition of Steven R. Tryder and others
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Article . 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.
Board of Selectmen
Article Acceptance of MGL Chapter 138, Section 12, 14th Paragraph — Sale of
Liqueurs and Cordials. To see if the Town will vote to accept the provisions of the
14th Paragraph of MGL Chapter 138, Section 12 (Alcoholic Liquors - Licenses
authorizing sale of beverages to be drunk on premises), which reads as follows:
In any city or town which votes to accept the provisions of this paragraph, a
common victualler, who holds a license under this section to sell wines and malt
beverages may, upon written approval, also sell liqueurs and cordials pursuant to said
license, subject, however, to all other licensing provisions of this chapter.
or to take any other action relative thereto.
Board of Selectmen
Article Amend General Bylaws — New Chapter 143 — Property Maintenance
Code. To see if the Town will vote to amend the General Bylaws of the Town of
North Andover by inserting a new Chapter — Chapter 143 — Property Maintenance Code
to read as follows:
CHAPTER 143
PROPERTY MAINTENANCE CODE
§ 143-1. Title
§ 143-2. Purpose
§ 143-3. Maintenance of Premises and Landscape Elements
§ 143-4. Public Health Director
§ 143-5. Unfit Property
§ 143-6. Result of Hearing
§ 143-7. Failure to Comply
§ 143-8. Costs
§ 143-9. Penalty
§143-1. Title
This bylaw shall be known as "The Property Maintenance Code".
§ 143-2. Purpose
The purpose of this code is to protect the public health, safety, morales, and
welfare by establishing minimum standards governing the maintenance, appearance and
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condition of residential and non-residential premises; to establish minimum standards
governing physical components and conditions; to fix certain responsibilities and duties
upon owners and operators; to authorize and establish procedures for the inspection of
residential and non-residential premises; to fix penalties for the violations of this code.
§ 143-3. Maintenance of Premises and Landscape Elements
(1) All premises and landscape elements shall be maintained in a safe and sanitary
condition, including but not limited to, steps, walks, driveways, fences, retaining
walls, trees, shrubs, grass and weeds. If any such area or object constitutes a
danger to health or safety, it shall be repaired, replaced, or removed.
(2) All paved driveways and walks, which exist within the public right-of-way, shall
be maintained in safe condition.
(3) All fences, retaining walls or similar structures shall be firmly anchored in the
ground and maintained in good structural repair. Wooden elements or other
elements subject to deterioration from weathering shall be maintained with
chemicals or paint to preserve the element and to retard deterioration.
(4) Weeds, grass and shrubs shall be kept trimmed and kept from becoming
overgrown. Grass shall have a maximum height of 12-inches.
(5) Trees and shrubs which have branches projecting into the public right-of-way,
including public sidewalks, public places, or public highways, shall be kept
trimmed to prevent interference with any person or vehicle lawfully using the
right-of-way.
(6) Trees and shrubs afflicted with a form of decay or vegetation sickness which can
be transmitted to other trees or shrubs shall be removed or shall be treated or
sprayed by the owner or occupant of the property so as to eliminate the risk of any
such decay or vegetation sickness being transmitted to other trees. Dead trees in
proximity to rights-of-ways, buildings, structures, or congregations of people that
may endanger such objects shall be removed.
(7) All yards, courts, or lots shall be kept free of accumulations of trash, garbage,
waste, rubbish, refuse, junk, and other noxious or offensive materials or
substances which may cause a fire hazard or may act as a breeding place for
vermin or insects. Storage of miscellaneous items must be within enclosed
structures or screened.
(8) All portions of all premises shall be graded so that there is no pooling of water or
recurrent entrance of water into any basement or cellar.
§ 143-4. Public Health Director
The Public Health Director shall be responsible for all inspections, enforcement,
and investigations on violations of the provisions of this code, subject to direction,
oversight, and determination of the Board of Health. Said Director may utilize the
services of the agents of the Health Department in the enforcement of this code.
§ 143-5. Unfit Property
It is declared that violations of this code shall constitute a nuisance to the persons
and property abutting the unfit property.
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The Director, upon written complaint filed by a resident or an employee or agent
of the Health Department may cause to be made a code review of a property thought to
violate this bylaw. The term "resident", as used herein, shall be synonymous with a party
in interest as defined in General Laws, Chapter 40A.
If the Director, upon investigation, determines that a violation of this code exists,
he/she shall cause to be served upon the owner of and parties in interest in such building
or property a Notice of Order. Such order shall list the violations, the general activities to
correct the violations, the time frame within which the violations shall be corrected, and
shall further direct that the owner should submit a proposed remediation to be approved
by the Director of Public Health. The notice shall also state that a hearing on this matter
may be held before the Board of Health on a determination of whether or not a violation
exists, and, if so, what cures are necessary regarding the violations.
The owner or parties in interest shall possess the right to file a request for hearing
with the Board of Health on or before seven days of receipt of notice of the order, and, at
a hearing thereon, shall have the right to file an answer to the order, to appear in person,
to have an attorney present, and to give testimony on the order and any violations
thereon.
§ 143-6. Result of Hearing
If, after such notice and hearing, the Board of Health determines that there are
violations of this code, then it may issue orders appropriate and fit under General Laws,
Chapter 111, authorizing and ordering an abatement of the violations, as well as
authorizing entry for the purpose of abatement by officers and employees of the Town of
North Andover.
Such orders may include requiring the repair, alteration, or improvement of said
premises to be made by the owner within a reasonable time, which time shall be set forth
in the order.
Should an appeal not be made of the Director's order, then such order shall have
the force and effect of an order of the Board of Health under Section 30 and Section 122
of Chapter 111 of the General Laws.
§ 143-7. Failure to Comply
If the owner fails to comply with the order to repair, alter, or improve the
property, and, if the Board of Health so authorizes, said Director may cause such property
to be repaired, altered, or improved as provided for under said Section 125 of Chapter
111 of the General Laws.
§ 143-8. Costs
The owner of the property shall be responsible under Section 125 of Chapter 111
of the General Laws for any costs to which the municipality is exposed in abating the
violations of this bylaw and said Director shall, on behalf of the Board of Health, seek
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recovery in contract for said costs and may further lien the premises as provided for in
General Laws, Chapter 111, Section 125.
§ 143-9. Penalty
Any person, firm or corporation violating any unappealed order of the Director or,
an appealed and affirmed order of the Director by said Board of Health shall be fined One
Hundred Dollars ($100.00) per day per violation for each day said owner shall continue
to fail to comply with said order. For purposes of convenience, an order may list more
than one violation and more than one required corrective action. Each failure to comply,
with a separate required corrective action, shall constitute a separate offense; or to take
any other action relative thereto.
Board of Selectmen
Article Petition General Court - Special Act - Chan2e in Liquor Quota-All
Alcoholic Beverages for Package Stores -350 Winthrop Avenue 0342 Winthrop
Avenue for 911 purposes) —Wine & Beer at the Andovers. To see if the Town will
vote to petition the Legislature to allow the North Andover Licensing Authority to
override the provisions of Massachusetts General Law Chapter 138 Section 17 (Number
of licenses quotas; licenses for wine and malt beverages per population unit; additional
licenses; estimates of increased population; decrease in quota due to loss in population;
determination of population of city or town.) for the increase in the number of All
Alcoholic Beverages Licenses for Package Stores by one (1) for Wine & Beer at the
Andovers, LLC; or to take any other action relative thereto.
Petition of Anthony Conte and others
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