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HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.09.2005 ttORT11 ° n �g1iE0�PP,y,(5 9SSACHUS�� Town of North Andover Annual Town Meeting Minutes May 9, 2005 The Annual Town Meeting for the Town of North Andover convened in the North Andover High School Fieldhouse. The Meeting was called to order at 7:14PM by Moderator Charles A. Salisbury. Moderator Salisbury delivered the invocation. The meeting was led in the Pledge of Allegiance and the singing of the National Anthem by the North Andover High School Chorus. Moderator Salisbury introduced the Boards and Committees. Upon motion made by Chairman Rosemary Smedile and duly seconded by Keith A. Mitchell, it was voted to dispense with the reading of the warrant and with the Constable's return of that warrant. It was further moved and voted that the Moderator not be required to read articles of the warrant verbatim, but be allowed to refer to articles by number and any subject matter. Check Lists were used with 665 Voters present on Monday May 9, 2005. Check Lists were used with 215 Voters present on Tuesday May 10, 2005. The Meeting Adjourned on Monday May 9, 2005 at 11:15PM. The Meeting reconvened on Tuesday May 10, 2005 at 7:12PM in the North Andover High School Auditorium. Article 1. Reports of Special Committees. Unanimously voted to hear the reports of the Zoning Task Force as presented by Heidi Griffin, Director of Community Development and the report of the Revenue/Fixed Cost Review Committee as presented by Mark Nichols, Finance Committee. Voted May 9, 2005 Article 2. Consent Articles. A. Reports of Receipts and Expenditures. Voted by Majority Vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2004 Annual Town Report subject to the insertion of the missing financial statements and further to suggest that the Town seek to determine if all future Annual Reports and any and all Legal Notices required for or by the Town of North Andover can be required to be published solely on the Town's Web Site and also be available through the Clerk's Office 2005 ANNUAL TOWN MEETING MINUTES at the cost of printing the material. Further it is suggested that the Town Clerk present to the Annual May 2006 Town Meeting a new revised Annual Report incorporating her recommendations for what items should be included in future Annual Reports of the Town of North Andover. It is further requested that the Fiscal 2005 annual report shall include a complete listing of all salaries paid to all employees of the Town of North Andover for the past three fiscal years so as to more adequately show the expenditures of the Town, as was the practice in prior annual reports. Voted May 9, 2005 B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. Voted By Majority that in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate. C. Authorization to Accept Grants of Easements. Voted By Majority to authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town. D. Authorization to Grant Easements. Voted By Majority to authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. Voted May 9, 2005 Article 3. Compensation of Elected Officials. Voted By Majority to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman per annum in addition $300 School Committeeper person, per annum $2,000 Chairmanper annum in addition $300 Moderator For Annual Town Meeting $100 For each Special Town Meeting $50 Voted May 9, 2005 Article 4. Amend General Fund Appropriation For Fiscal Year 2005. 2005 ANNUAL TOWN MEETING MINUTES Unanimously Voted to amend the General Fund Appropriation for Fiscal Year 2005 as follows: Amount Being Amended Under Article 10 Voted Under Changes Revised Total Article 10 General Govermnent 2,324,697 39,167 2,363,864 Public Safety 7,740,228 93,756 7,833,984 Public Works 3,982,276 505,171 4,487,447 Health&Human Services 707,523 (38,340) 669,183 Culture&Recreation 674,349 26,363 647,986 Finance Committee- Reserve Fund 100,000 (100,000) - Fixed Expenses-Debt Service 8,757,410 12,537 8,769,947 Fixed Expenses-Employee Benefits 8,525,847 161,873 8,363,974 Fixed Expenses-Liability Insurance 308,041 28,678 336,719 State Assessments 1,311,633 38,278 1,349,911 Total Changes 34,432,004 391,011 34,823,015 Voted May 9, 2005 Article 5. 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. UNANIMOUSLY VOTED TO TAKE NO ACTION ON ARTICLE 5. Voted May 9, 2005 Article 6. Prior Years Unpaid Bills. UNANIMOUSLY VOTED that the Town pay the following prior year invoices from Fiscal Year 2005: Martin Associates $1,541.00 Public Works Verizon $3,171.00 MIS N A Star Market $372.90 Stevens Estate For A Total of$5,084.90 Voted May 9, 2005 Article 7. Withdrawal from Northeast Mosquito Control District. Voted By Majority to withdraw from the Northeast Mosquito Control District effective as of the end of the last day of June, 2005. 2005 ANNUAL TOWN MEETING MINUTES Petition of Paul P. Stewart and others Voted May 9, 2005 Article 8. General Fund Appropriation Fiscal Year 2006. Unanimously Voted to raise and appropriate funds for Fiscal Year 2006 General Fund as follows: General Government $2,325,841 Public Safety $7,964,384 School Department $31,242,201 Greater Lawrence Technical School $103,605 School Building Committee $13,000 Snow & Ice Removal $685,530 All Other Public Works $2,921,755 Health and Human Services $692,468 Culture and Recreation $732,202 Debt Service $9,194,561 Employee Benefits $9,062,563 Liability Insurance $354,247 Finance Committee Reserve Fund $50,000 For a total appropriation of $65,342,357 And further to transfer to the General Fund $400,000 from the Bond Premium Account and $1,487,260 from Free Cash to reduce the tax rate. Voted May 9, 2005 Article 9. Stabilization Fund(s). Unanimously Voted to Take No Action to establish any new Stabilization Fund(s), or vote appropriations into or out of any existing Stabilization Fund(s). Petition of Paul P. Stewart and others Voted May 9, 2005 Article 10. Capital Improvement Plan Appropriation Fiscal Year 2006. Unanimously Voted to adopt Article 10 as follows and to meet the appropriation, the Treasurer, with the approval of the Board of Selectmen, be authorized to borrow $2,467,000 under Chapter 44 of the Massachusetts General Laws: Project Description *Fund Code 1 Sargent School Ventilation B/N-G $80,000 2 School System Technology Improvements BN-G $250,000 2005 ANNUAL TOWN MEETING MINUTES 3 Mosquito Brook Drainage Improvements B/N-G $52,000 4 Town Garage Heating System B/N-G $25,000 General Fund Total $407,000 5 Phase 4D Sewer Extension B/N-S $720,000 Sewer Enterprise Fund Total $720,000 6 Water Supply Security System B/N-W $215,000 7 Lake Outlet Structure B/N-W $600,000 8 Bear Hill Reservoir Upgrade B/N-W $525,000 9 Pick Up Truck R&A-W $29,000 Water Enterprise Fund Total $1,369,000 *Fund Codes spelled out below Funding Recommendation Code Total Raise and Appropriate - General Fund R&A-G $0 Raise and Appropriate - Water Enterprise R&A-W $29,000 Raise and Appropriate - Sewer Enterpirse R&A-S $0 Bonds/Notes - General Fund B/N-G $407,000 Bonds/Notes - Water Enterprise B/N-W $1,340,000 Bonds/Notes - Sewer Enterprise B/N-S $720,000 Total All Capital Projects $29496,000 Voted May 9, 2005 Article 11. Water Enterprise Fund Appropriation - Fiscal Year 2006. Unanimously Voted that the Town appropriate the amount of$4,785,459, in aggregate, for the purposes listed under the column "FY06 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to further amend line item debt service from $2,476,510 to $2,763,317 for a total appropriation of $5,072,266, and to operate the Water Enterprise Fund, that $5,072,266 be raised from water receipts and from these receipts $499,467 be transferred to the General Fund for indirect expenses. WATER ENTERPRISE FY06 kecornmendati6n FY06 Town Manager', FY05 Department Board of Selectmen` Budget Re uest Finance Committee Personnel 668,015 683,702 683,702 Expenses 955,451 896,790 980,290 Land Acquisition (Art. 19, May 2004) 70,000 0 0 Capital 161,975 254,500 126,000 Reserve Fund - Salary 12,800 0 19,490 Debt Service 2,510,286 2,476,510 2,476,510 Sub-Total Diract Expenditures 4;378,827 4;311,502 4,285,092 Transfer to General Fund 123,201 0 0 Admin/Indirect 478,076 499,467 499,467 Total Water Enterprise 4,979,804 4 810 969 4 785 459 2005 ANNUAL TOWN MEETING MINUTES Voted May 9, 2005 Article 12. Sewer Enterprise Fund Appropriation - Fiscal Year 2006. Unanimously Voted that the Town appropriate the amount of $4,283,056, in aggregate, for the purposes listed under the column "FY06 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to further amend line item debt service from $2,189,160 to $1,902,353 for a total appropriation of $3,996,249, and to operate the Sewer Enterprise Fund, that $3,996,249 be raised from sewer receipts and from these receipts $235,261 be transferred to the General Fund for indirect expenses and that $883,056 be transferred from sewer enterprise fund retained earnings. SEWER ENTERPRISE FY06 Recornnendati°n FY06 Town Manager; FY05 Department Board of Selectmen Budget keauett Finance Committee Personnel 292,488 323,481 323,481 Expenses 192,968 206,050 206,050 GLSD Assessment 1,275,000 1,264,982 1,264,982 Settlement 56,000 56,000 56,000 Capital 19,000 10,000 0 Reserve Fund - Salary 8,733 0 8,122 Debt Service 1,870,927 2,189,160 2,189,160 Sub-Total bireot Expenditures 3,715,116 4,049,673 4;0471795 Admin/Indirect 209,488 235,261 235,261 [Total Sewer Enterprise 3,924,604 4,284,934 4,283,056 Voted May 9, 2005 2005 ANNUAL TOWN MEETING MINUTES Article 13. Stevens Estate at Osgood Hill Enterprise Fund Appropriation- Fiscal Year 2006. Unanimously Voted that the Town appropriate the amount of$415,871 listed under the column "FY06 recommendation: Town Manager, Board of Selectmen, Finance Committee" and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $415,871 be raised from Stevens Estate at Osgood Hill Enterprise Fund and from these receipts $63,728 be transferred to the General Fund for indirect expenses. STEVENS ESTATE at FY©6 Recommendation FYOf' Town Manager OSGOOD HILL FY0'5 Department Board of Selectmen' Budget Reaues Fnarice'Committee Personnel 174,656 155,344 155,344 Expenses 252,444 196,799 196,799 Capital 0 0 0 Reserve Fund 0 0 0 Debt Service 0 0 0 Sub-Total Direct Expenditures' 427,100 352,143 3,52,143 Admin/Indirect 85,959 63,728 63,728 Total Stevens Estate Enterprise 513,059 415,871 415 871 Voted May 9, 2005 Article 14. Establishment of Revolving Funds. Unanimously Voted 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, 2005. 2005 ANNUAL TOWN MEETING MINUTES Reuolvin Fund A666unts Account FY 2005 Number Revolving Fund Authorized to Spend Use of Funds Revenue Source Limit 1. 022-5423-3437 Youth Services Revol Assistant Town Manager All programs and Participants'fees,Grants, $ 250,000 activities,expense,part Donations,and related time help Fundraisinci proceeds 2. 022-4925-3077 Field Maintenance Director-Division of Public Field maintenance, Field rental fees,Grants, $ 20,000 Works upgrade and related Donations,and related expenses Fundraising proceeds 3. 022-5590-3564 Elder Services Assistant Town Manager Senior programs, Participants'fees,Grants, $ 50,000 -COA Revol classes and activities Donations,and related Fundraising proceeds 4. 022-5102-3424 Health Dept Revolving Director-Community clinic supplies and other Clinic participant fees, $ 20,000 Development and Services related materials Grants,Donations,and Division related Fundraising proceeds 5. 022-4306-3008 Wheelabrator Planning Director-Community Air quality monitoring Wheelabrator Host $ 25,000 Development and Services Community Agreement Division 6. 022-4307-3083 Wheelabrator Public Director-Community To enforce Trash Truck Wheelabrator Host $ 20,000 Safety Development and Services regulations Community Agreement Division 7. 022-4308-3649 Wheelabrator-Health Director-Community Protection of health, Wheelabrator Host $ 40,000 Development and Services safety and monitoring the Community Agreement Division air ouality 8. 022-4309-3084 Health Dept-Food Director-Community Food Consultant fees Inspection Fees $ 10,000 Inspections Development and Services and expenses related to Division program 9. 022-4310-3085 Health Dept-Septic Director-Community Septic Consultant fees Inspection Fees $ 40,000 Inspections Development and Services and expenses related to Division program Total: $ 475,000 Voted May 9, 2005 Article 15. Report Of The Community Preservation Committee And Appropriation From The Community Preservation Fund. Voted by Majority Vote to receive the report of the Community Preservation Committee and that the Town will raise and appropriate $ 2,268,900 from the Fiscal 2006 Community Preservation Fund Revenues in accordance with the provisions of Massachusetts General Laws Chapter 44B, and further appropriate $1,766,637 from Community Preservation Account Fund Balance to be spent under the direction of the Community Preservation Committee as follows: DESCRIPTION AMOUNT CATEGORY 1. Affordable Housing Master Plan—"Planned Production Plan" $40,000 Affordable Housing 2. First Time Homebuyer's Program $225,000 Affordable Housing 3. Stevens Estate—Rehabilitation of Gate House $96,500 Historic Resources 4. Stevens Estate—Rehabilitation of Plant House $70,000 Historic Resources 5. Machine Shop Village—Phase 1 $250,000 Historic Resources 6. Administration $5,000 Administrative Expenses Subtotal— New Appropriations $686 500 7. Open Space—Principal and Interest(FY2006) $1,582,400 Open Space Total FY2006 Appropriations $2268900 8. Open Space—Principal and Interest(FY2005) $1,766,637 Open Space GRAND TOTAL: $4,035,537 Voted May 9, 2005 2005 ANNUAL TOWN MEETING MINUTES Article 16. Preservation Restriction-North Parish Church Academy Road. Unanimously Voted to authorize the North Andover Historical Commission, with the approval of the Board of Selectmen, to accept a preservation restriction from the North Parish Church of North Andover, located at 190 Academy Road, on terms and conditions deemed to be in the best interest of the Town. Voted May 10, 2005 Article 17. Amend Chapter 178 Of The General Bylaws - Section 3 - Wetlands Protection -Exemptions. Unanimously Voted "To Take No Action" to amend Chapter 178 Section 3 Wetlands Protection - Exemptions by adding a new exemption - Exemption 5 —"Projects where the applicant is the Town of North Andover". Voted May 10, 2005 Article 18. Amend General Bylaws Of The Town Of North Andover — Add Chapter 136 - Newsracks, Placement And Maintenance. Voted By Majority to amend the General Bylaws for the Town of North Andover by adding a new chapter — Chapter 136 - Newsracks, Placement and Maintenance to read as follows. TOWN OF NORTH ANDOVER Chapter 136 NEWSRACKS, PLACEMENT AND MAINTENANCE § 136-1 Definitions. § 136-2 Certificate of Compliance § 136-3 Fees. § 136-4 Standards § 136-5 Attachment to Property. § 136-6 Advertising Prohibited. § 136-7 Installation, Maintenance, and Delivery Time. § 136-8 Enforcement Procedures. § 136-9 Fees For Removal and Storage. § 136-10 Regulations. § 136-11 Effect on Other Laws. § 136-12 Severability § 136-13 Effective Date. § 136-1 Definitions. When used in this Bylaw, unless the context otherwise requires, the following terms shall have the following meanings: a. "Director" shall mean the Director of the Public Works Department of the Town of North Andover or such person as said Director may from time to time designate. b. "Newsrack" shall mean any type of self-service device for the vending or free distribution of newspapers, periodicals or printed material of whatever nature. 2005 ANNUAL TOWN MEETING MINUTES c. "Certificate of Compliance" shall mean the Certificate of Compliance issued by the Director to the Certificate Holder in accordance with the provisions of this Bylaw. d. "Certificate Holder" shall mean the holder of a Certificate of Compliance issued by the Director in accordance with the provisions of this Bylaw. A Certificate Holder is responsible for the installation and maintenance of newsracks encompassed by any Certificate of Compliance issued pursuant to the provisions of this Bylaw and for compliance with all provisions contained herein. e. "Operator" shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships,joint ventures and the like who own, operate or are otherwise in control of a newsrack. £ "Public way" shall mean any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of the Town Department of Public Works, School Department, or other body having like power. § 136-2 Certificate of Compliance. a. Requirement. No person shall place, affix, erect, maintain or continue to maintain a newsrack in or on any part of a public way without first obtaining a Certificate of Compliance from the Director in accordance with the provisions of this Bylaw. b. The Certificate of Compliance must be renewed annually by application to the Director. c. Issuing Authority. The Director shall be the issuing authority and coordinator of the application process and administration of this Bylaw. d. Approving Authority. The approving authority shall be the Director. The Director or his/her designee shall review and approve for compliance with Section 136-2, entitled Certificate of Compliance, Section 136-4, entitled Standards, and Section 136-7, entitled Installation, Maintenance and Delivery Time. e. Application Process. Applicants must complete a written application on a form provided by the Director. £ Application. The application shall describe in sufficient detail, the number, location and type of newsracks for which the Certificate of Compliance is sought and shall contain the following information: 1. the name, address and telephone number of the applicant who is the owner/operator or other person who is the principal responsible person in charge of the newsrack(s); and 2. the name, address and telephone number of a natural person (if different from the applicant) whom the Town may notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving complaints and notices of violations when a Certificate of Compliance is issued and for providing information relating to the application during the application process; and 3. the number of newsracks and a written description specifying the proposed approximate location of each; and 4. a certificate of insurance naming the Town of North Andover as an additional insured in an amount sufficient to indemnify the Town and hold it harmless from any and all claims or judgements for personal and bodily injury, including death, or property damage and from costs and expenses to which the Town may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance 2005 ANNUAL TOWN MEETING MINUTES coverage may be substituted by the applicant for the certificate of insurance. The amount of insurance coverage required shall be determined by the Town. Insurance under this section shall run continuously with the presence of the applicant's newsrack in Town of North Andover public ways and any termination or lapse of such insurance shall be a violation of this Bylaw, subject to appropriate remedy under Section 136-8 of this Bylaw; and 5. a certification from the applicant stating that the proposed location for all of the newsracks listed in the application are in compliance with the provisions of this Bylaw. g. Issuance of a Certificate of Compliance. Upon a finding by the Director that the applicant is in compliance with the provisions of this Bylaw, the Director shall issue a Certificate of Compliance for installation by the applicant. The Director shall issue a partial Certificate of Compliance upon a fording that some of the proposed newsrack locations are in compliance with the provisions of this Bylaw. Issuance of a Certificate of Compliance or a partial certificate of compliance shall designate the applicant to be the Certificate Holder. The Director shall issue a Certificate of Compliance within ten days of the Director's receipt of the completed application. Proposed locations shall be approved on a first come, first serve basis by the Director. No preference shall be given to applicants who might have had newsracks in a particular location prior to the effective date of this Bylaw. h. Denial of Certificate of Compliance. If an application for a newsrack location is denied, the Director shall notify the applicant within ten days of the Director's receipt of the completed application. The Director shall state the specific reasons for denial. The applicant may reapply for a substitute alternative location without having to pay an additional application fee. An applicant who has been denied a Certificate of Compliance pursuant to this Bylaw may appeal within thirty (30) days of such denial by requesting in writing to the Director an appearance before the Director to review said denial. The appeal shall be heard by the Director within twenty (20) days of receipt of the appeal. The decision on the appeal shall be sent to the applicant within five (5) days after the hearing. i. The Director reserves the right to order by written notice to the Certificate Holder that newsracks be removed from an approved location, either temporarily or permanently, in the interests of public safety. § 136-3 Fees. a. There shall be a Certificate of Compliance fee in the amount of two hundred ($200.00) dollars paid to the Town. This fee shall be due upon initial application and upon each annual renewal. b. Additional Certificate of Compliance. If at any time after the Director has issued a Certificate of Compliance a Certificate Holder proposes to install additional newsracks, then the provisions of Section 136-2 are to be repeated. Additional Certificate of Compliance fees shall be in accordance with Section (a), except that the Certificate of Compliance fee is waived if previously paid. c. In addition to the Certificate of Compliance fee, an annual fee of ten ($10.00) dollars per newsrack authorized shall be paid to the Town to offset the Town's cost of monitoring compliance with this Bylaw. d. Where the Director has required newsracks to be set in corrals, or at hitching posts pursuant to Section 136-4 below, additional fees shall be imposed by the Director on 2005 ANNUAL TOWN MEETING MINUTES Certificate Holders to offset the Town's costs for each such corral or hitching post used by such Certificate Holder. e. Upon a showing of significant financial hardship, whereby the payment of the full Certificate of Compliance fee will impair the ability of the publisher to distribute a publication through newsracks to members of the public, the Director may reduce the fee due upon initial application or upon an annual renewal by an amount s/he determines, in her or his sole discretion, as appropriate. § 136-4 Standards. a. Placement. Subject to the prohibitions contained in this section newsracks shall be placed parallel to and not less than eighteen (18") inches nor more than twenty-four (24") inches from the edge of the curb. Newsracks so placed shall face the sidewalk, not the street. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six (6") inches away from the wall. No newsrack(s) shall be affixed, erected, installed,placed, used or maintained: 1. at any location in excess of eight (8) feet in width (plus the width of a newsrack) whereby the clear space for the passage of pedestrians is reduced to less than eight (8) feet in width; or, if the sidewalk location is less than eight (8) feet in width (plus the width of a newsrack), then the clear space for the passage of pedestrians shall not be reduced to less than five (5) feet in width; however, a width of four (4) to five (5) feet may be approved by the Director if requested, only after the Director consults with the Pedestrian Committee and the Disabilities Commission as to whether the particular location at issue necessitates the four (4) to five (5) foot width, and whether the pedestrian passage in that location could safely and reasonably be reduced to a width of four(4) to five (5) feet; and 2. within five (5) feet of any marked, or unmarked crosswalk or handicapped ramp; and 3. within five (5) feet of any fire hydrant, fire lane, fire call box, police call box or other emergency facility, mail box, telephone booth or stand; and 4. within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway without a curb return, within five (5) feet of the point where the curb edgestone or edging begins a change in grade toward the driveway or ramp on each side thereof, or in the case of a termination of the curb, edgestone or edging without a change in grade or a turn, within five (5) feet of the point of the same terminates on each side of the ramp or driveway; and 5. within five (5) feet of any traffic control signal or traffic sign; and 6. within five (5) feet of a bicycle rack; and 7. within five (5) feet ahead or fifteen (15) feet to the rear of any designated bus stop, taxi stand, valet parking area, loading zone or fire lane, or any disabled parking space, unless such newsrack is placed parallel against a wall that is within four (4) feet of a designated bus stop, taxi stand, valet parking area, loading zone or fire lane and the newsrack so placed does not project into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic; S. which in any way protrudes onto a street; or 9. on any sidewalk immediately abutting a public school. The Director may require that newsracks at locations in which more than three (3) are adjacent shall be set within an open-ended corral installed by the Town; and the Director may require that newsracks at a particular location be chained to each other and/or to a 2005 ANNUAL TOWN MEETING MINUTES permanent hitching post installed by the Town. The Director may choose the locations for corrals and hitching posts based on the history of misaligned or knocked over newsracks at the location, the high volume of pedestrian traffic at the location, or the relatively high concentration of newsracks at the location. However, nothing in this paragraph shall be construed to limit the locations at which corrals and hitching posts may be required. § 136-5 Attachment to Property. a. Attachment to Trees and Other Objects Prohibited. Except to the extent permitted by regulations promulgated by the Director, no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post, traffic signal or sign. b. Attachment to Other Newsracks. Newsracks, when placed side by side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than eight(8) feet along a curb, and a space of not less than five (5) feet shall separate each group of newsracks. § 136-6 Advertising Prohibited. It shall be unlawful for any operator to use a Newsrack for advertising other than that dealing with the display, sale or purchase of the publications dispensed therein. § 136-7 Installation, Maintenance, and Delivery Time. Newsracks shall be of a sturdy material and installed or otherwise placed and maintained by the Certificate Holder in accordance with the following provisions: a. Each newsrack shall prominently display the name, address and phone number of a person or entity responsible for that newsrack. b. Each newsrack shall be: 1. installed or placed on the pavement in an upright, sufficiently weighted and secure position; 2. of a type that is completely enclosed, with a self-closing door that is either self- latching or otherwise requires manual or mechanical release at each use; and 3. maintained in a state of good repair and in a neat and clean condition; and 4. maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish, or debris; and 5. handicapped accessible, as defined by the state Architectural Access Board. c. Each newsrack shall be regularly serviced so that: 1. it is kept reasonably free of graffiti; and 2. it is kept reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof, and 3. it is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof; and 4. the clear glass or plastic parts thereof, if any, through which the printed material is being dispensed are not broken and are kept reasonably free of tears, peeling or fading; and 2005 ANNUAL TOWN MEETING MINUTES 5. the structural parts of the newsrack are not broken or unduly misshapen. d. Anyone disturbed by noise from the delivery of papers to any newsrack may complain to the Director. The Director shall forthwith notify the Certificate Holder of the complaint. The Certificate Holder shall contact the complainant and attempt to resolve the complaint. If the complaint is not resolved to the complainant's satisfaction within ten (10) days, the complainant may request a meeting before the Director, or his/her designee, and the Certificate Holder. After such meeting, the Director shall have authority to impose a reasonable resolution to the complaint, including ordering the relocation of the newsrack/s causing the noise problem. § 136-8 Enforcement Procedures. a. Non-Conforming Newsracks. Any newsrack found not to be in compliance with this Bylaw shall be subject to the enforcement provisions contained herein. b. Abandonment. In the event that any newsrack installed pursuant to the provisions of this Bylaw does not contain the printed material being dispensed therein for a period of seventy-two (72) hours after the release of the current issue, the Director may deem the newsrack abandoned and take appropriate action under this Bylaw A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than fifteen (15) consecutive days. In the event that a Certificate Holder voluntarily abandons a newsrack location, the Certificate Holder shall so notify the Director, completely remove the newsrack and restore the public way to a safe condition. c. Enforcement. 1. Enforcement of the provisions of this Bylaw shall be carried out by the Director. Upon a determination that a violation of any provision of this Bylaw exists the Director shall notify the Certificate Holder of the violation in writing by first class mail. The notice shall include: a. the location of the newsrack; and b. the date of the incident or other cause giving rise to the violation; and c. a brief and concise statement of the facts causing the violation. 2. The notice shall inform the Certificate Holder that at the expiration of ten (10) days from the receipt of the violation notice, the newsrack will be removed by the Director, unless the violation is corrected. 3. Upon removal of a newsrack, the Director shall send, by first-class mail, written notice of such removal to the Certificate Holder. 4. Notwithstanding the provisions of the foregoing paragraphs 1(a) - 1(c) of this section, the Director may order the immediate removal of any newsrack(s) that the Director determines presents an imminent threat or peril to public safety, provided that the Certificate Holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored a period of thirty (30) days in order to allow the Certificate Holder to retrieve the newsrack. If the Director removes a newsrack under this section (4) which does not have a Certificate of Compliance, the Director shall dispose of the newsrack at the end of the thirty (30) day period. § 136-9 Fees For Removal and Storage. 2005 ANNUAL TOWN MEETING MINUTES a. A newsrack removed pursuant to this Bylaw may be retrieved by the Certificate Holder at any time within thirty (30) days of its removal upon payment of a removal fee of twenty-five ($25.00) dollars plus a storage fee of five ($5.00) dollars per day, to a maximum combined removal and storage fee of one hundred ($100.00) dollars. b. After thirty (30) days, any newsracks removed by the Director pursuant to Section 136-8 of this Bylaw shall be deemed "abandoned property" and become the property of the Town of North Andover. c. Failure of a Certificate Holder to retrieve a newsrack within the specified thirty (30) day period shall not operate to dismiss any fees owed to the Town for removal and storage of such newsrack. Unpaid fees accrued pursuant to this Section 136-9 shall be considered a debt payable to the Town. § 136-10 Regulations. The Director may, with the approval of the Town Manager, promulgate such rules and regulations consistent with the provisions of this Bylaw and the laws of the Commonwealth of Massachusetts as shall cant'out the purposes of this Bylaw. § 136-11 Effect on Other Laws. Nothing in this Chapter shall affect the adoption of regulations affecting newsracks by other government bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations. § 136-12 Severability. The provisions of this Bylaw shall be severable and if any section, part, or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section,part or portion thereof. Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 19. Amend General Bylaws (Code) Add New Chapter 54 - Tax Collector. Unanimously Voted to amend the General Bylaws of the Town of North Andover by adding a new chapter, Chapter 54 - Tax Collector, to read as follows: Chapter 54—Tax Collector § 54-1 -Duties of Tax Collector The tax collector, in addition to the authority to collect taxes conferred by Massachusetts General Laws, Chapter 41, Section 38, and all other laws relating to tax collection, shall collect all accounts due the town in accordance with the provisions of Massachusetts General Laws, Chapter 41, Section 38A. The collector shall in the collection of such accounts have all the remedies provided by sections thirty-five, thirty- six and ninety three of Massachusetts General Laws, Chapter 60 for the collection of taxes on personal estate. This bylaw shall not apply to the collection of interest on investments of sinking or trust funds. All bills for accounts due the town shall state that all checks, drafts or money orders shall be made payable to or to the order of the town 2005 ANNUAL TOWN MEETING MINUTES and not to or to the order of any officer, board or commission. Whenever the collector of taxes, in any communication, document or writing intended for use outside his department, identifies a husband and wife, he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name. Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 20. Amend General Bylaws-Chapter 101-1 Fees Enumerated - Section B - Sealing of Weights and Measures. Unanimously Voted to amend Chapter 101-1 Fees Enumerated of the General Bylaws of the Town of North Andover by adding at the end of Section B - Sealing of Weights and Measures Service the following: "A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary." Chapter 101-1 Fees Enumerated- Section B as amended to read: B. Sealing of weights and measures service (Massachusetts General Laws Chapter 98, Section 56). 1. Scales: a. Capacity of over ten thousand(10,000)pounds: fifty dollars ($50) each. b. Capacity of five (5) to ten thousand (10,000)pounds: thirty dollars ($30) each. c. Capacity of one (1) to five thousand (5,000)pounds: twenty dollars ($20) each. d. Capacity of one hundred (100) to one thousand (1,000) pounds: ten dollars ($10) each. e. Balances of ten (10) to one hundred(100)pounds: six dollars ($6) each. f. Balances under ten (10)pounds: five dollars ($5) each. 2. Liquid capacity measure of capacity of more than one (1) gallon and measure on pumps: two dollars ($2) each. 3. Liquid measuring meter: a. Diameter one half(1/2) inch to one (1) inch: five dollars ($5) each. b. Diameter over one (1) inch vehicle tank pump: sixteen dollars ($16) each. 4. Vehicle tank gravity: twenty dollars ($20) each5. Bulk storage: Forty dollars ($40) each. 6. Bulk storage with certification proven: Twenty dollars ($20) each. 7. Taxi meter: eight dollars ($8) each. 8. Device to determine linear area: five dollars ($5) each. 9. Milk bottle or jars: eight dollars ($8) each. 10. Vehicle tanks used in sale of commodities by liquid measure per one hundred (100) gallons: five dollars ($5) each. 11. Separate tanks - same vehicle (each): five dollars ($5). 12. All weights and other measures: one dollar($1) each. Voted May 10, 2005—Approved By Attorney General August 29, 2005 2005 ANNUAL TOWN MEETING MINUTES ARTICLE 21. Amend General Bylaws — New Chapter 44 — Public Meetings - Televising of Land Use Board Meetings. Voted By Majority to amend the General Bylaws of the Town of North Andover by inserting a new Chapter— Chapter 44— Public Meetings to read as follows: Chapter 44—Public Meetings § 44-1 Televising of Land Use Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, and Conservation Commission shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health or Conservation Commission. Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 22. Amend Chapter 88—Dogs - General Bylaws-Add New Section-Section 8-Nuisances. Voted By Majority Vote to amend Chapter 88 of the General Bylaws — Dogs by adding a new Section— Section 8 —Nuisances to read as follows: Chapter 88 Section - 8 Nuisances: No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Barking frequently or for continued duration or making sounds which create a noise disturbance across a residential real property boundary, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds or trespassing upon private property in such manner as to damage property shall be deemed a nuisance. The penalty for violations shall be $25 for the first offense and $50 for each additional offense. Violations of this bylaws shall be handled as a noncriminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, § 21D. Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 23. Accept the Provisions of Massachusetts General Laws Chapter 44 Section 55C-Affordable Housing Trust. Unanimously Voted To Take No Action on Article 23 to accept the provisions of Massachusetts General Laws Chapter 44 Section 55C-Affordable Housing Trust. 2005 ANNUAL TOWN MEETING MINUTES Voted May 10, 2005 Article 24. Petition the Legislature-Amend Town Charter Chapter 2 New Section— Section 10—Citizen Participation Mechanisms. Voted By Majority Vote to defeat article 24 as printed in the warrant. Voted May 10, 2005 Article 25. Petition The General Court-Amend Chapter 8 - Section 1 Of The Charter For The Town Of North Andover—Elections. Voted By Majority Vote to defeat Article 25. Voted May 10, 2005 Article 26. Third Telecommunications Antenna At Stevens Estate At Osgood Hill. Unanimously Voted to authorize the Board of Selectmen to enter into a lease and grant an easement on the Stevens Estate, on terms and conditions the Board of Selectmen deem in the best interest of the Town of North Andover, for a third telecommunications carrier on the tower at the Stevens Estate. Voted May 10, 2005 Article 27. Emergency Preparedness Memorandum of Understanding. Uanimously Voted to authorize the Board of Health to enter into a Memorandum of Understanding with the member communities of the Greater Lawrence Coalition Emergency Preparedness Region 3B to provide mutual aid and assistance in responding to public health emergencies, on terms and conditions the Board of Health deems in the best interest of the Town. Petition of Thomas A. Trowbridge and others Voted May 10, 2005 Article 28. Discontinuance of Portion of 922 Dale Street — McCarthy Property. Unanimously Voted for the Town to discontinue and abandon that portion of the public way known as Dale Street formerly owned by Essex County and located between Winter Street and Russett Lane containing approximately 0.50 acres, as shown on Plan of Land entitled "Plan of Land, 922 Dale Street, Prepared for Joseph McCarthy," which is on file with the town clerk, and which abuts the property numbered 922 Dale Street which is owned by Joseph W. McCarthy and Sharon McCarthy, subject to the condition that the portion of Dale Street which is discontinued and the abutting property numbered 922 Dale Street be classified as agricultural land in accordance with the terms of Massachusetts General Laws Chapter 61A and subject to the condition that the Town retain and be granted an easement over the discontinued area for waterline and headwall maintenance as shown on said plan, and authorize the selectmen, upon such terms and conditions as the selectmen consider to be appropriate and in the best interests of the Town and consistent with the provisions of Section 83 of Chapter 291 of the Acts of 2005 ANNUAL TOWN MEETING MINUTES 2004, to take any action to facilitate the annexation of the discontinued way to the property numbered 922 Dale Street, to retain any interest in the way, make any conveyances, and grant or accept any easements or other interests in the way and in the property numbered 922 Dale Street. Petition of Joseph McCarthy and others Voted May 10, 2005 Article 29. Roadway Acceptances — Coachman's Lane (off Great Pond Road), Concord Street (off Osgood Street), Easy Street (off Abbott Street),Highland View Avenue (Chadwick St to Furber Ave), Morningside Lane (off Winter Street), and Russett Lane (off Dale Street). Unanimously Voted to accept as Roadways Coachman's Lane, Concord Street, Easy Street, Morningside Lane and Russett Lane as described below: Coachman's Lane A way known as Coachman's Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Coachman's Lane, scale 1"=50', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Concord Street A way known as Concord Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Concord Street, scale 1"=40', dated 9/1/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Easy Street A way known as Easy Street as shown on a Plan of Land entitled, "Definitive Subdivision Plan of Land, Abbott Meadows, North Andover, MA; prepared for S.B. Homes Inc., 345 Stevens Street North Andover, MA; prepared by Frank C. Gelinas & Associates Inc, 451 Andover Street North Andover, MA , scale 1"=40', dated January 23, 1981, revised June 11, 1981. Said plan recorded with the Essex North District Registry of Deeds as Plan No. 8690. Morningside Lane A way known as Morningside Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Russett Lane A way known as Russett Lane as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Morningside Lane and Russett Lane, scale 1"=60', dated 9/l/03; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Petition of the Department of Public Works 2005 ANNUAL TOWN MEETING MINUTES Voted May 10, 2005 Article 30. Roadway Acquisition and Acceptance-Adams Avenue,Autran Avenue, Bunker Hill Street, Douglas Road ,Glenwood Street, Martin Avenue, and Summit Street. Unanimously Voted to accept Adams Avenue, Bunker Hill Street, Douglas Road, Glenwood Street, Martin Avenue, and Summit Street as public ways and authorize the Board of Selectmen to acquire by eminent domain, gift,purchase or otherwise, any fee, easement, or other interest in the following described roadways, and to award no damages for said eminent domain takings. Adams Avenue A way known as Adams Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Adams Avenue, scale 1"=60', dated 8/16/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Bunker Hill Street A way known as Bunker Hill Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Bunker Hill Street, scale 1"=40', dated 2/13/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Douglas Road A way known as Douglas Road as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Douglas Road, scale 1"=40', dated 2/13/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Glenwood Street A way known as Glenwood Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Glenwood Street, scale 1"=40', dated 10/15/04 ; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Martin Avenue A way known as Martin Avenue as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Martin Avenue, scale 1"=40', dated 8/16/04; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Summit Street A way known as Summit Street as shown on a Plan of Land entitled, "Street Acceptance Plan located in North Andover; prepared for Summit Street, scale 1"=40', dated 1/7/05; prepared by Christiansen & Sergi, 160 Summer Street, Haverhill, MA 01830 on file in the Office of the Town Clerk. Voted May 10, 2005 2005 ANNUAL TOWN MEETING MINUTES Article 31. Street Acceptance - Anvil Circle (Off Turnpike Street-Forest View Estates). Unanimously Voted for the Town to accept, as a public way, Anvil Circle as shown on the Street Layout Plan for Forest View Estates in North Andover, MA, Prepared for the Town of North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 27, 2005, Scale 1"= 40', which is on file with the Town Clerk of North Andover. Petition of Lianne Cristaldi and others Voted May 10, 2005 Article 32. Street Acceptance - Amberville Road (Off Turnpike Street-Forest View Estates). Unanimously Voted for the Town to accept, as a public way, Amberville Road as shown on the Street Layout Plan for Forest View Estates in North Andover, MA, Prepared for the Town of North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda & Associates, L.P. Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 27, 2005, Scale 1"= 40', which is on file with the Town Clerk of North Andover. Petition of Lianne Cristaldi and others Voted May 10, 2005 Article 33. Street Acceptance — Garnet Circle (Off Turnpike Street-Forest View Estates). Unanimously Voted that the Town accept, as a public way, Garnet Circle as shown on the Street Layout Plan for Forest View Estates in North Andover, MA. Prepared for the Town of North Andover, 120 Main Street, North Andover, MA., drawn by Marchionda & Associates, L.P. Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA, 02180, dated January 27, 2005 1" = 40', which is on file with the Town Clerk of North Andover. Petition of Lianne Cristaldi and others Voted May 10, 2005 Article 34. Street Acceptance- Palomino Drive (Off Turnpike Street-Forest View Estates). Unanimously Voted for the Town to accept, as a public way, Palomino Drive as shown on the Street Layout Plan for Forest View Estates in North Andover, MA, Prepared for the Town of North Andover, 120 Main Street, North Andover, MA, drawn by Marchionda&Associates, L.P. Engineering and Planning Consultants, 62 Montvale Avenue, Suite 1, Stoneham, MA 02180, dated January 27,2005, Scale l"= 40', which is on file with the Town Clerk of North Andover. Petition of Lianne Cristaldi and others 2005 ANNUAL TOWN MEETING MINUTES Voted May 10, 2005 Article 35. Street Acceptance—Willow Street, Willow Street (South Extension), Bayfield Drive and Flagship Drive. Unanimously Voted "To Take No Action" to accept the following roadways as public ways. Willow Street, Willow Street (South) Extension, Bayfield Drive and Flagship Drive, 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. Petition of Frank E. Elander and others Voted May 10, 2005 Article 36. Street Acceptance — Delucia Way (Off Waverley Road). Unanimously Voted to accept Delucia Way as a public way as shown on Plan of Land entitled "Definitive Subdivision Plan-Delucia Way" located in North Andover, Massachusetts and recorded with the North Essex Registry of Deeds as Plan #14155 dated March 9, 2001, revised May 29, 2001 and also as shown on "Plan of Land — Street Acceptance Plan Delucia Way in North Andover, Massachusetts" prepared for Stephen Smolak by Engineering and Survey Services dated March 17, 2004. Petition of Stephen Smolak and others Voted May 10, 2005 Article 37. Timber Lane — Transfer to the Board of Selectmen. Unanimously Voted to authorize the transfer of the care, custody and control of the following parcel of land, which is a cul-de-sac on Timber Lane, to the Board of Selectmen for purposes of selling or conveying the land and to authorize the Selectmen to sell or convey the land on terms and conditions they deem in the best interest of the Town, even if the Town receives no financial payment: Beginning at a point on the northerly sideline of Timber Lane being 12.82 feet from the lot corner between Map 64, Parcel 38 and Map 104C, Parcel 85 as shown on a plan entitled "Form A Lot Line Adjustment Plan Town of North Andover Timber Lane, North Andover, MA." Scale 1"=20', dated February 11, 2005, prepared by W.C.Cammett Engineering, Inc., which is on file at the Town Clerk's Office thence: Turning and running North 60'39'10" West a distance of 155.39 feet to a point on the northerly sideline of Timber Lane; Then turning and running along a curve to the left with a radial bearing of North 29020'50" East and a central angle of 72°32'30" a radius of 40.00 feet and a distance along the curve of 50.64 feet to a point; 2005 ANNUAL TOWN MEETING MINUTES Thence turning and running along a curve to the right with a central angle of 162032'30" a radius of 60.00 feet and a distance along the curve of 170.21 feet to a point; Thence turning and running South 29020'50" West a distance of 10.00 feet to the point of beginning And which is further shown as Parcel A on said plan, having an area of+7,080 square feet. Petition of David Fournier and others Voted May 10, 2005 Article 38. Police Station Rezoning. (Removed) The Board of Selectmen at their meeting of April 11, 2005,voted to remove this Article from the Warrant. As this booklet was already in the proofing phase, the Articles could not be renumbered nor the book repaginated. Article 39. Rezone Turnpike Street. Voted to make the appropriate changes to the Town of North Andover Zoning Map,pursuant to Section 3.2 of the Zoning Bylaw, to rezone the below parcels of land from their current zoning to Business 1 (B1): (1) To rezone the eight parcels with land fronting on Turnpike Street from the intersection of Hillside Road and Turnpike Street (next to Chestnut Green Office Park) starting at 591 Turnpike Street and ending at 651 Turnpike Street [Country Side Realty Building] (2) To rezone the 10 parcels with land fronting Turnpike Street from 570 Turnpike Street (next to Starbucks and Blockbuster) to and including 740 Turnpike Street (Mr. Sudzy Carwash) and certain parcels that are located within 200 feet of Turnpike Street [Map 98D, 20, Map 98D, 21]. These eighteen parcels of land are shown on the Town of North Andover Assessors Map as the following map and parcels with corresponding current zoning classifications: Assessor's Map 25 Parcel 8; Assessor's Map 25 Parcel 7; Assessor's Map 25 Parcel 6; Assessor's Map 25 Parcel 5; Assessor's Map 25 Parcel 43; from Residential 6 to Business 1; Assessor's Map 25 Parcel 44; Assessor's Map 25 Parcel 50; Assessor's Map 25 Parcel 53; from Village Commercial to Business l; Assessor's Map 98D Parcel 31; 2005 ANNUAL TOWN MEETING MINUTES from Residential 3 to Business 1; Assessor's Map 98D Parcel 38; Assessor's Map 98D Parcel 57; Assessor's Map 98D Parcel 56; Assessor's Map 98D Parcel 40; from Village Commercial to Business 1; Assessor's Map 98D Parcel 21; Assessor's Map 98D Parcel 20; from Industrial 1 to Business 1; Assessor's Map 98C Parcel 61; Assessor's Map 25 Parcel 2; Assessor's Map 98D Parcel 37; from Residential 3 to Business 1; or to take other action relative thereto. Petition of the Board of Selectmen Voted May 10, 2005 Yes- 83 No - 60—Failed Needed 2/3 Vote Article 40. Amend Zoning Map — 651 Turnpike Street (Route 114) from Village Commercial (VC) to General Business (GB). Voted by Two —Thirds vote to rezone the property located at 651 Turnpike Street (Route 114) from Village Commercial (VC) to General Business (GB). The property consists of 45,000 S.F. or 1.03 acres of land. A description of the property can be found on Map 25 Block 53 of the Town of North Andover Assessor's Map. The property is further described in Book 03794 Page 0278 at the Essex County Registry of Deeds. Petition of Scott Hajjar and others Voted By 2/3 Vote May 10, 2005 Yes - 89 No - 43 Approved By Attorney General August 29, 2005 Article 41. Amend Zoning Map 1503 Osgood Street—Assessors Map 34 Parcel 7 From Industrial 1 (11) to Business 2 (132). Unanimously Voted that the Town amend the Zoning Map of the Town of North Andover for a certain parcel of land, consisting of 6.07 acres, known and numbered at 1503 Osgood Street, located on the easterly side of Osgood Street at the intersection of Osgood Street and Orchard Hill Road, and shown on the Town ofNorth Andover Assessors Map 34, Parcel 7, from Industrial 1 (I-1) to Business 2 (B-2). Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 42. Amend Zoning Map — 1000 Osgood Street from I2 (Industrial 2) to Business 2(B2).Unanimously Voted to amend the Zoning Map of the Town of North 2005 ANNUAL TOWN MEETING MINUTES Andover to rezone the parcel of land with the two-story building thereon, located at 1000 Osgood Street, North Andover, MA from Industrial 2 (12) to Business 2 (132). Said parcel of land being shown on North Andover Assessor's Map 74, Parcel 6 and located on the westerly side of Osgood Street approximately 295.4 feet northerly of the intersection of Osgood Street with Sutton Street. For further reference see deed dated May 3, 1971, recorded in the North Essex Registry of Deeds in Book 1170. Petition of Vincent B. Landers and others Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 43. Amend Zoning Bylaw Section 4.2 — Phased Development— By Amending Section 1 — Intent and Purpose and Section 9-Expiration. Unanimously Voted to amend Section 4.2 — Phased Development — of the Town of North Andover Zoning Bylaw by deleting Section 1- Intent and Purpose, and inserting a new Section 1 — Intent and Purpose, and by deleting Section 9 - Expiration, and inserting a new Section 9 — Expiration. Section 4.2 currently reads: 4.2 Phased Development By-law 1. Intent and Purpose. The purpose of this section is to ensure that development occurs in North Andover in a strategic, orderly and planned manner that allows for the preparation and maintenance of high quality municipal services for an ever-expanding residential population, while at the same time allowing reasonable residential development during such preparation that does not infringe on the quality of life or municipal services provided for the residents of the Town of North Andover, in order to provide for high quality and reliable municipal services such as, but not limited to, fire and police protection, educational facilities and programs and available clean water resources. This section establishes a strategic development rate consistent with recent historical average development rates for residential development in order to ensure that development occurs in an orderly and planned manner as it relates to the Town's ability to provide high quality and effective services for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed by its citizens. 2. Definitions. For the purposes of this Bylaw, the following terms shall have the following meaning: (a) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained. (b) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling units. (c) "Development" shall mean a single parcel or set of contiguous parcels of land held in substantial common ownership, regardless of form, at any time on or after 2005 ANNUAL TOWN MEETING MINUTES the date of adoption of this bylaw, for which one or more building permits are sought. (d) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section, which outlines the maximum building permit issuance per development. 3. Regulations. (a) Beginning on the effective date of this section, no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A, c. 6. (b) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, contiguous Form A lots held in common or related ownership on the effective date of this by-law, site plan review applications, and special permits, which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land that have been in the same ownership at any time on or subsequent to the date of adoption of this section. (c) For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a. (d) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. (e) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments. (f) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw. (g) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision held in common or affiliated ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. (h) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. (i) Building permits shall be issued in accordance with the Phased Development Schedule. However, the Planning Board may, without a public hearing and upon written request from the applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded. 2005 ANNUAL TOWN MEETING MINUTES (j) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations shall address the conditions and processes for authorizing building permits on an annual basis. 4. Phased Development Schedule (a) Building permits for new dwelling units shall be authorized in accordance with the following Phased Development Schedule: Number of Units in Maximum Units for Subdivision Minimum Years which Building Records Development for Development May Be Issued Per Year 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. (b) The number of lots eligible for building permits in the first year of the development shall be prorated from the anniversary date to December 31. Fractions of.5 or greater shall be rounded up to the nearest number and fractions less than .5 shall be rounded down. (c) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall supersede the first Phased Development Schedule at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development schedule. (d) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising the authorization schedules due to abatements. 5. Requirements. (a) All definitive subdivisions, Form A approvals, special permits, and site plan review applications shall include a proposed Phased Development Schedule by the applicant. (b) Phased Development Schedules. i. Phased Development Schedules shall be determined by the Planning Board at the time of approval of any such application. Such schedules shall be included as a condition of approval of the application. ii. The Building Inspector shall be authorized to issue revised Phased Development Schedules based solely on approvals granted by the Planning Board. 2005 ANNUAL TOWN MEETING MINUTES iii. All Phased Development Schedules with approved authorization shall be recorded with the application approval decision with the Town Clerk. No building permits shall be issued pursuant to the schedule until the applicant records the approval decision with the Phased Development Schedule at the Registry of Deeds. 6. Exemptions. The following developments are specifically exempt from the provisions of this bylaw. a) An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created. b) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by-law shall be exempt from the provisions of this by-law. The Planning Board shall have sole and exclusive authority to render all decisions on exemption requests. c) Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: i. Occupancy of the units is restricted to households qualifying under Local Initiative Programs and the New England Fund as administered by the Massachusetts Department of Housing and Community Development. ii. The affordable units are subject to a properly executed and recorded in perpetuity deed restriction running with the land that shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index,plus the cost of any improvements certified by the Building Inspector. d) Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a properly executed and recorded in perpetuity deed restriction running with the land. For purposes of this Section"senior" shall mean persons over the age of 55. e) Development projects which voluntarily agree to a minimum 40% permanent reduction in density, (buildable lots), below the density, (building lots), permitted under zoning and feasible given the environmental conditions of the tract, and as determined and approved by the North Andover Planning Board with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, and dedication to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection. f) Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section shall receive a one-time exemption from the Development Scheduling provisions for the purpose of constructing one single family dwelling unit on the parcel. 7. Zoning; Change Protection Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. 8. Severability 2005 ANNUAL TOWN MEETING MINUTES The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining. 9. Expiration The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of Town Meeting, before said date, the provisions of this Section 4.2 may be extended from an additional four (4) years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event said action is taken by Town Meeting prior to July 1, 2009, these provisions shall be construed to have lapsed on such date. Section 1 as Amended to read as follows: 4.2 Phased Development Bylaw 1. INTENT AND PURPOSE This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws, Chapter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: a) to ensure that growth occurs in an orderly and planned manner, at a rate that can be supported by Town services, while avoiding large year to year variations in the development rate; b) to allow the Town time to update and implement its Master Plan and Housing Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character, and municipal services, and to continue municipal comprehensive planning studies necessary to provide orderly growth; Said parcel is more particularly described as follows: Beginning at the Northwesterly corner of the parcel herein described at a point on the Easterly side of Osgood Street in the Town of North Andover, Massachusetts, Thence; N 85°05'57"E by land of Albacado Lint. Partnership a distance of 663.21' to a stone bound, Thence: S 22°29'47"E by land of Barker a distance of 412.51' to a stone bound, Thence: S 87°00'56"W along Orchard Hill Road a distance of 733.36' to a point on a curve on the Easterly side of Osgood Street, Thence; Northerly along the Easterly sideline of Osgood Street on a curve with a radius of 508.76' a distance of 39.98' to a point of tangency, Thence; N 13'37'13" W along Osgood Street a distance of 332.95' to the Point of Beginning. Said parcel containing 264,561 s.£, or 6.07 Acres, as more particularly shown on the following plan, being the same premises conveyed by deed recorded with the Essex North Registry of Deeds in Book 7902, Page 75. Petition of John T. Smolak and others Voted May 10, 2005— Approved By Attorney General August 29, 2005 2005 ANNUAL TOWN MEETING MINUTES Article 42. Amend Zoning Map — 1000 Osgood Street from I2 (Industrial 2) to Business 2(B2). Unanimously Voted to amend the Zoning Map of the Town of North Andover to rezone the parcel of land with the two-story building thereon, located at 1000 Osgood Street, North Andover, MA from Industrial 2 (I2) to Business 2 (132). Said parcel of land being shown on North Andover Assessor's Map 74, Parcel 6 and located on the westerly side of Osgood Street approximately 295.4 feet northerly of the intersection of Osgood Street with Sutton Street. For further reference see deed dated May 3, 1971, recorded in the North Essex Registry of Deeds in Book 1170. Petition of Vincent B. Landers and others Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 43. Amend Zoning Bylaw Section 4.2 — Phased Development— By Amending Section 1 — Intent and Purpose and Section 9-Expiration. Unanimously Voted to amend Section 4.2 — Phased Development — of the Town of North Andover Zoning Bylaw by deleting Section 1- Intent and Purpose, and inserting a new Section 1 — Intent and Purpose, and by deleting Section 9 - Expiration, and inserting a new Section 9 — Expiration. Section 4.2 currently reads: 4.3 Phased Development By-law 3. Intent and Purpose. The purpose of this section is to ensure that development occurs in North Andover in a strategic, orderly and planned manner that allows for the preparation and maintenance of high quality municipal services for an ever-expanding residential population, while at the same time allowing reasonable residential development during such preparation that does not infringe on the quality of life or municipal services provided for the residents of the Town of North Andover, in order to provide for high quality and reliable municipal services such as, but not limited to, fire and police protection, educational facilities and programs and available clean water resources. This section establishes a strategic development rate consistent with recent historical average development rates for residential development in order to ensure that development occurs in an orderly and planned manner as it relates to the Town's ability to provide high quality and effective services for its citizens and protect its resources necessary for sustaining the present and future quality of life enjoyed by its citizens. 4. Definitions. For the purposes of this Bylaw, the following terms shall have the following meaning: (e) "Anniversary date" for each subdivision, special permit, or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained. (f) "Developer" any individual who either as an individual, a beneficial owner of a real estate trust, a partner in a partnership, or an officer or owner of a corporation, requests one or more building permits for the construction of new dwelling units. 2005 ANNUAL TOWN MEETING MINUTES (g) "Development" shall mean a single parcel or set of contiguous parcels of land held in substantial common ownership, regardless of form, at any time on or after the date of adoption of this bylaw, for which one or more building permits are sought. (h) "Phased Development Schedule" shall mean a schedule authorized by the Planning Board or its authorized designee in accordance with this Section, which outlines the maximum building permit issuance per development. 7. Regulations. (k) Beginning on the effective date of this section, no building permit for a new residential dwelling unit or units shall be issued unless in accordance with the regulations of this section, or unless specifically exempted in Section 6 below, or by the provision of MGL, s. 40A, c. 6. (1) The regulations of this section shall apply to all definitive subdivision plans, subdivisions not requiring approval, contiguous Form A lots held in common or related ownership on the effective date of this by-law, site plan review applications, and special permits, which would result in the creation of a new dwelling unit or units. Dwelling units shall be considered as part of a single development for purposes of development scheduling if located either on a single parcel or contiguous parcels of land that have been in the same ownership at any time on or subsequent to the date of adoption of this section. (m)For all building lots/dwelling units covered under Subsection 3(b), the Planning Board is authorized to approve a Phased Development Schedule for that lot/unit in accordance with Section 4a. (n) The request for authorization of a Phased Development Schedule shall be made on forms provided by the Planning Board. Requests will include any and all information necessary to demonstrate eligibility and compliance with these regulations. (o) No building permits for new dwelling units shall be issued until the Phased Development Schedule has been recorded in the Essex County Registry of Deeds and a certified copy of the Phased Development Schedule has been filed with both the Planning and Building Departments. (p) Upon transfer of any lot or unit subject to this section, the deed shall reference the Phased Development Schedule and state the earliest date on which construction may be commenced in accordance with the provision of this bylaw. (q) If a proposed subdivision includes any lots that are within 500 feet of lots in another subdivision held in common or affiliated ownership, then both subdivisions shall be construed to be a single subdivision for the purposes of this Bylaw. (r) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board or an authorized agent. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. (s) Building permits shall be issued in accordance with the Phased Development Schedule. However, the Planning Board may, without a public hearing and upon written request from the applicant, permit up to twice the allowed annual maximum permitted for that project under the provisions of this Bylaw, provided that building permits issued in succeeding years shall be limited to less than the 2005 ANNUAL TOWN MEETING MINUTES permitted maximum, if necessary, to insure that the overall number of allowed permits is not exceeded. (t) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the Bylaw. Accordingly, the Planning Board shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations shall address the conditions and processes for authorizing building permits on an annual basis. 8. Phased Development Schedule (b) Building permits for new dwelling units shall be authorized in accordance with the following Phased Development Schedule: Number of Units in Maximum Units for Subdivision Minimum Years which Building Records Development for Development May Be Issued Per Year 1-6 1 All 7-20 2 50% of total 21-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total No Phased Development Schedule shall exceed seven years. (b) The number of lots eligible for building permits in the first year of the development shall be prorated from the anniversary date to December 31. Fractions of.5 or greater shall be rounded up to the nearest number and fractions less than .5 shall be rounded down. (e) If as a result of an applicant seeking approval of a second plan of development on a parcel of land for which authorizations have been previously granted, a second plan is approved, a new Phased Development Schedule shall be established. The second schedule shall supersede the first Phased Development Schedule at the time a building permit is issued based on the second plan for any lot lying wholly or partially within the parcel subject to the new development schedule. (f) The Planning Board, in approving the second plan, shall determine the number of authorizations from the first plan that would be abated based on the second plan's approval. This number shall be used by the Building Inspector in revising the authorization schedules due to abatements. 9. Requirements. (c) All definitive subdivisions, Form A approvals, special permits, and site plan review applications shall include a proposed Phased Development Schedule by the applicant. (d) Phased Development Schedules. iv. Phased Development Schedules shall be determined by the Planning Board at the time of approval of any such application. Such schedules shall be included as a condition of approval of the application. 2005 ANNUAL TOWN MEETING MINUTES v. The Building Inspector shall be authorized to issue revised Phased Development Schedules based solely on approvals granted by the Planning Board. vi. All Phased Development Schedules with approved authorization shall be recorded with the application approval decision with the Town Clerk. No building permits shall be issued pursuant to the schedule until the applicant records the approval decision with the Phased Development Schedule at the Registry of Deeds. 10. Exemptions. The following developments are specifically exempt from the provisions of this bylaw. c) An application for a building permit for the enlargement, restoration, or reconstruction of a dwelling in existence as of the effective date of this by-law, provided that no additional residential unit is created. d) Definitive subdivision approvals, special permits, Form A lots and site plan approvals, and development schedules made and approved prior to the date of adoption of this by-law shall be exempt from the provisions of this by-law. The Planning Board shall have sole and exclusive authority to render all decisions on exemption requests. g) Dwelling units for low and/or moderate income families or individuals, where all of the following conditions are met: i. Occupancy of the units is restricted to households qualifying under Local Initiative Programs and the New England Fund as administered by the Massachusetts Department of Housing and Community Development. ii. The affordable units are subject to a properly executed and recorded in perpetuity deed restriction running with the land that shall limit the succeeding resale price to an increase of 10 percent, plus any increase in the consumer price index,plus the cost of any improvements certified by the Building Inspector. h) Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a properly executed and recorded in perpetuity deed restriction running with the land. For purposes of this Section"senior" shall mean persons over the age of 55. i) Development projects which voluntarily agree to a minimum 40% permanent reduction in density, (buildable lots), below the density, (building lots), permitted under zoning and feasible given the environmental conditions of the tract, and as determined and approved by the North Andover Planning Board with the surplus land equal to at least ten buildable acres and permanently designated as open space and/or farmland. The land to be preserved shall be protected from development by an Agricultural Preservation Restriction, Conservation Restriction, and dedication to the Town, or other similar mechanism approved by the Planning Board that will ensure its protection. j) Any tract of land existing and not held by a Developer in common ownership with an adjacent parcel on the effective date of this Section shall receive a one-time exemption from the Development Scheduling provisions for the purpose of constructing one single family dwelling unit on the parcel. 8. Zoning Change Protection 2005 ANNUAL TOWN MEETING MINUTES Any protection against zoning changes provided by M.G.L. c. 40A, s. 6, shall be extended to the earliest date on which the final unit in the development could be authorized under this bylaw. 10. Severability The provisions of this by-law are hereby declared severable and if any provision shall be held invalid or unconstitutional, it shall not be construed to affect the validity or constitutionality of any of the remaining. 11. Expiration The provisions of this Section 4.2 shall expire on July 1, 2009; however, by a vote of Town Meeting, before said date, the provisions of this Section 4.2 may be extended from an additional four (4) years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event said action is taken by Town Meeting prior to July 1, 2009, these provisions shall be construed to have lapsed on such date. Section 1 as Amended to read as follows: 4.3 Phased Development Bylaw 2. Intent And Purpose This Section 4.2.1 is adopted pursuant to the provisions of Massachusetts General Laws, Chapter 40A and the Home Rule Amendment, Article 89 of the Massachusetts Constitution, for the following purposes: a) to ensure that growth occurs in an orderly and planned manner, at a rate that can be supported by Town services, while avoiding large year to year variations in the development rate; b) to allow the Town time to update and implement its Master Plan and Housing Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character, and municipal services, and to continue municipal comprehensive planning studies necessary to provide orderly growth; c) to allow the Town time to study, plan for, and provide an additional source of water so as to protect the town's water supply for future growth; d) to relate the timing of residential development to the Town's ability to provide adequate public safety, schools, roads, municipal infrastructure, and human services at the level of quality which citizens expect, and within the Town's ability to pay under the financial limitations of Proposition 2 1/2; e) to allow departures from the strict application of the growth rate measures herein in order to encourage certain types of residential growth which address the housing needs of specific population groups or which provide significant reductions in the ultimate residential density of the Town. Sections 2 through 8 remain unchanged. Section 9 as Amended to read as follows: 2005 ANNUAL TOWN MEETING MINUTES 9. The provisions of this Section 4.2 shall expire on July 1, 2009. Petition of the Planning Board Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 44. Amend Section 8.8.7-Adult Use Zone-Application Information of the Zoning Bylaw. Unanimously Voted to amend section 8.8.7 of the Zoning Bylaw for the Town of North Andover as follows: Section 8.8.7 now reads: Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment; f) The physical layout of the interior of the establishment. Amend by adding the following to Section e: (e) Proposed provisions for security within and without the establishment; these provisions must include and detail specifications for the following requirements: (i) Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment; (ii) Security personnel paid for by the establishment owner to patrol the parking lot. (iii)The security plans and personnel referenced in items Section 8.8.7(e)(i) and(ii) shall be approved by the North Andover Police Chief. Section 8.8.7 as amended to read: Application information: The application for a special permit for an adult use establishment must include the following information: a) Name and address of the legal owner of the establishment, and of the legal owner of the property; b) Name and address of all persons having lawful equity or security interests in the establishment; c) Name and address of the manager; d) Number of employees; e) Proposed provisions for security within and without the establishment; these provisions must include and detail specifications for the following requirements: (i) Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment; 2005 ANNUAL TOWN MEETING MINUTES (ii) Security personnel paid for by the establishment owner to patrol the parking lot. (iii)The security plans and personnel referenced in items Section 8.8.7(e) (i) and (ii) shall be approved by the North Andover Police Chief. f) The physical layout of the interior of the establishment. Petition of the Planning Board Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 45. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities-Add New Section — Section 13 — Exempt Facilities. Voted to amend Section 8.9 of the Zoning Bylaw by adding a new Section— Section 13 - Exempt Facilities, to read as follows: 13) Exempt Facilities The following facilities shall be exempt from the provisions of this bylaw: Municipal telecommunications facilities, for municipal use only, including but not limited to police, fire, ambulance, and emergency dispatch facilities, and other municipal telecommunications facilities. Voted May 10, 2005 Yes - 61 No—44 -Amendment Failed 2/3 Vote Article 46. Amend Zoning Bylaw — Sign Bylaw. Unanimously Voted to amend Sections 6.6.13.2 and 6.6.G.1 of the Town of North Andover Zoning Bylaw. Section 6.6.B.2 now reads: "One temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected to be not larger than six (6) square feet; requires no sign permit if the erecting agent has obtained a one year permit for erecting such sign. Such sign to be removed fourteen (14) days after sale, rental or lease. Section 6.6.B.2 as amended to read: "One (1) temporary unlighted real estate sign advertising the sale, rental or lease of the premises or subdivision on which it is erected to be no larger than twelve (12) square feet. The Building Inspector shall allow a sign larger than twelve square feet if: The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease." Section 6.6.G.1 now reads as follows: "Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five square feet." Section 6.6.G.1. as amended to read: "Signs as permitted in residence districts, except that temporary real estate signs may be as large as twenty-five (25) square feet. The Building Inspector shall allow a sign larger than twenty-five square feet if. a. The property fronts on a State Highway, such as Route 114 or Route 125 and a larger sign is needed for legibility purposes; 2005 ANNUAL TOWN MEETING MINUTES b. The total area of the sign does not exceed 10% [ten percent] of the wall area it is to be located upon. Such sign shall be removed fourteen (14) days after sale, rental or lease." Petition of Mark H. Rees and others Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 47. Amend Zoning Bylaw Section 4.133 — Allowed Uses - (Industrial 2 District). Unanimously Voted to amend the allowed uses found in Section 4.133 (Industrial 2 District) of the North Andover Zoning Bylaw by removing the existing Subparagraph 9. "Swimming and/or tennis clubs shall be permitted with a Special Permit." And replacing it with the following: 9. Recreational uses, including swimming club, tennis club, health club, indoor ice skating facility, and indoor/outdoor athletic recreation facility by Special Permit. And in connection therewith to amend Table 1 (Summary of Use Regulations) under the list of Permitted Uses for "Indoor Skating Facility" by replacing under the I-2 District column the note "N" with the note "SP"; Petition of John T. Smolak and others Voted May 10, 2005—Approved By Attorney General August 29, 2005 Article 48. Amend Zoning Bylaw — Planned Resident Development (PRD), Section 8.5.6.G — Calculation of Allowable Residential. Unanimously Voted to amend Section 8.5.6.G of the Town of North Andover Zoning Bylaw by changing the phrase "number of buildable lots" to "number of buildable lots and/or dwelling units" in three (3) places, and within item I., to change the referenced section of the "Rules and Regulations Governing the Subdivision of Land" from Section 3(b) to Section IV, in keeping with renumbering applied to those Rules and Regulations. Section 8.5.6.G would be amended to read as follows: G. Calculation of Allowable Residential Except as noted in Subsection H below, the maximum number of buildable lots and/or dwelling units in a PRD will be equal to the number of buildable lots and/or dwelling units which would result from an approved conventional subdivision plan. In order to determine the residential density of a PRD, the applicant must submit to the Planning Board a plan which: I. meets the criteria of a Preliminary Subdivision Plan as defined in Section IV of the "Rules and Regulations Governing the Subdivision of Land" in effect at the time of plan submittal; 2. is fully compliant with the "Zoning Bylaw" in effect at the time of the plan submittal; and 2005 ANNUAL TOWN MEETING MINUTES 3. requires no zoning variances. The Planning Board will use this plan to determine the maximum number of buildable lots and/or dwelling units allowed in a PRD. Petition of John Simons and others Voted May 10, 2005—Approved By Attorney General August 29, 2005 Upon Motion Made by Chairman Rosemary Connelly Smedile and Seconded by Keith A. Mitchell, the 2005 Annual Town Meeting for the Town of North Andover Dissolved at 11:27PM on Tuesday May 10, 2005. A True Copy Attest: Joyce A. Bradshaw, Town Clerk 2005 ANNUAL TOWN MEETING MINUTES 2005 ANNUAL TOWN MEETING MINUTES 2005 ANNUAL TOWN MEETING MINUTES 2005 ANNUAL TOWN MEETING MINUTES