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HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.12.2003 ttORT11 O�St`Eu.fie gti0 ° n �g1iE0�PP,y.(5 9SSACHUS�� Town of North Andover Annual Town Meeting Minutes May 12, 2003 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 7:16PM 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 Cheryl Carmo and her son David in honor of her husband David's service to his country in Iraq. Moderator Salisbury introduced the Boards and Committees. Upon motion made by Chairman Rosemary Smedile and duly seconded 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. Article 1. Reports of Receipts, Expenditures and Special Committees. UNANIMOUSLY VOTED to accept the 2002 annual town report as the report of receipts and expenditures. VOTED MAY 12, 2003 Article 2. Authorization of the Town Manal4er or Superintendent of Schools Regarding Contracts in Excess of Three Years. VOTED BY MAJORITY for the Town 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. VOTED MAY 12, 2003 2003 ANNUAL TOWN MEETING MINUTES Article 3. Authorization to Accept Grants of Easements. UNANIMOUSLY VOTED 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. VOTED MAY 12, 2003 Article 4. 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 12, 2003 Article 5. Compensation of Elected Officials. VOTED to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners,per person,per annum $2,000 Chairman of Board of Selectmen,per annum, in addition 300 School Committee,per person, per annum 2,000 Chairman, School Committee,per annum, in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 VOTED MAY 12, 2003 YES 200 NO 155 Article 6. Reauthorization of Revolving Fund — Board of Health. UNANIMOUSLY VOTED to re-authorize the use of a revolving escrow fund for Fiscal Year 2004 pursuant to Chapter 44 Section 53 E (1/2) of Massachusetts General Laws for the purpose of allowing the Board of Health to retain consultants and services and expend funds as deemed necessary in order to monitor and enforce operating permits and conditions of environmental and regional service facilities located in North Andover for the protection of the public health and safety, that payments made to the Town by Wheelabrator North Andover, Inc, (successor to Massachusetts Refusetech, Inc.) pursuant to Special Condition 5-D contained in the Site Plan Approval/Special Permit issued by the North Andover Planning Board to Massachusetts Refusetech, Inc. on August 18, 1998 be deposited in such revolving fund; and that the total amount of expenditure shall not exceed $75,000. 2003 ANNUAL TOWN MEETING MINUTES Article 7. Authorization of Revolving Escrow Account for Septic Services — Board of Health. To see if the Town will vote to authorize a revolving escrow account under Chapter 44 § 53E (�/z) of the Massachusetts General Laws to be funded by septic service fees to be expended by the Board of Health for the purpose of funding an outside consultant to provide septic system related services including site work, plan review and inspections on an as-needed basis; and that the total amount of expenditure shall not exceed $50,000. VOTED MAY 1212003 UNANIMOUS VOTE TO "TAKE NO ACTION" on ARTICLE 7 Article 8. Authorization of Revolving Escrow Account for Restaurant Inspections — Board of Health. To see if the Town will authorize a revolving escrow account pursuant to Chapter 44, §53E('/z) of Massachusetts General Laws to be funded by annual food permit fees, to be expended by the Board of Health for the purpose of retaining a consultant to provide necessary food-related services including inspections, education and plan review; and that the total amount of expenditure shall not exceed $50,000. VOTED MAY 129 2003 UNANIMOUS VOTE TO "TAKE NO ACTION" on ARTICLE 8 Article 9. Amend General Fund Appropriation - Fiscal Year 2003. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2003 voted under Article 12 of the 2002 Annual Town Meeting and amended under Articles 1 through 8 of the Special Town Meeting on December 9 2002. UNANIMOUS VOTE to further amend the General Fund Appropriation for Fiscal Year 2003 voted under Article 12 of the 2002 Annual Town Meeting and amended under Articles 1 through 8 of the Special Town Meeting on December 9, 2002 as follows: General Government-Personnel: Decrease $ 150,436 General Government- Expenses: Increase $ 808 General Government— Salary Reserve Decrease $ 219,550 Public Safety-Personnel: Increase $ 186,499 Public Safety-Expenses: Decrease $ 48,029 Fixed Expenses- Debt Service, Principal: Increase $ 9,580 Fixed Expenses- Debt Service, Long Term Interest: Increase $ 15,420 Fixed Expenses- Liability Insurance: Increase $ 12,500 And further to make the following appropriations: From Free Cash: $155,100 to Fixed Expenses -Group Insurance From Free Cash: $150,000 to Fixed Expenses - Worker's Compensation From Miscellaneous Revenue, Maritimes Pipeline Host Community Payment: $160,000 to Public Works Snow and Ice. 2003 ANNUAL TOWN MEETING MINUTES Article 10. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2003. To see if the Town will vote to amend the Steven's Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2003. VOTED MAY 1212003 UNANIMOUS VOTE TO "TAKE NO ACTION" on ARTICLE 10 Article 11. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town. UNANIMOUSLY VOTED to authorize payment of the following bills of prior years from c-urrent year's appropriations: Giant Glass $641.44 -DPW Merrimack Valley Chamber of Commerce $140.00 -Town Manager VOTED MAY 12, 2003 Article 12. General Fund Appropriation Fiscal Year 2004. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2003, and ending June 30, 2004. Article 12. General Fund Appropriation Fiscal Year 2004. The following vote was taken on Article 12: General Fund General Government Personnel Services $2,397,135 Expenses $1,199,317 Finance Committee Reserve Fund $ 200,000 Salary Reserve $ 75,000 Total General Government $3,871,452 Public Safety Personnel Services $6,494,139 Expenses $ 54,865 Total Public Safety $6,999,004 Public Works Personnel Services $1,106,913 Expenses $2,817,061 Total Public Works $3,923,974 2003 ANNUAL TOWN MEETING MINUTES EDUCATION North Andover Public Schools Personnel and Expenses $29,808,803 School Building Committee Personnel $ 0 Expenses $ 26,941 Regional Vocational Technical Schools Essex Regional Technical School $ 180,882 Greater Lawrence Vocational School $ 206,980 School Assessments Charter School Assessment $ 0 School Choice $ 0 Total Education $30,223,606 FIXED EXPENSES VOTED BY MAJORITY VOTE to raise and appropriate funds for the Fiscal Year 2004 General Fund as shown in the first table of the Finance Committee Report (found on Page W6) for this article under the column "FY04 Recommendations: Finance Committee, Board of Selectmen, Town Manager", with the following adjustments: Increase "General Government, Personnel Services" by $15,000, for a revised appropriation of$2,412,135. Decrease "Public Safety, Personnel Services" by $21,750 for a revised appropriation of $6,472,389. Decrease "Public Works, Expenses" by $84,000 for a revised appropriation of $2,733,061. Increase " North Andover Public Schools, Personnel & Expenses" by $114,250 for a revised appropriation of$29,923,053. Decrease "Essex Regional Technical School" by $79,000 for a revised appropriation of $101,882. Decrease "Greater Lawrence Vocational School"by $124,000 for a revised appropriation of$82,980. Increase "Fixed Expenses- Worker's Compensation" by $35,000 for a revised appropriation of$245,000. Decrease "Fixed Expenses- Unemployment Expenses" by $350,000 for a revised appropriation of$400,000. Increase "Fixed Expenses-Group (Medical) Insurance" by $400,000 for a revised appropriation of$5,556,796. 2003 ANNUAL TOWN MEETING MINUTES Increase "Fixed Expenses-Liability Insurance" by $56,000 for a revised appropriation of $328,134. For a total revised appropriation under this article of$61,944,229. And further to reduce the tax rate $300,000 be appropriated from the Overlay Surplus Account. FLOOR AMENDMENT BY CHRISTOPHER BARKER — 181 HIGH STREET- And further that $2,118,105 be added to North Andover Public Schools — Personnel and Expenses for an adjusted total budget of $31,926,908; provided however that this appropriation shall not take effect until the Town votes to exempt the necessary funds from the limitations on total taxes imposed by Massachusetts General Laws Chapter 59 Section 24C (Proposition 2 /�) Vote on Amendment—YES 270 NO— 229 VOTED MAY 129 2003 Article 13. Capital Improvement Plan Appropriation Fiscal Year 2004. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program. VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt Article 13 as printed in the Finance Committee Report (found on Page W19) with the following adjustments: The Fund Code for items 3,4,5,7,9,15&16 shall be changed from "I-Raise and Appropriate-General Fund (Free Cash)" to "5-Bonds/Notes-General" and that the Town appropriate $4,447,735 to fund the items listed under "Town Manager/ Board of Selectmen/ Finance Committee Recommendations" and to meet the appropriation for items 1 through 19 inclusive, the Treasurer, with the approval of the Board of Selectmen, be authorized to borrow $4,421,735 under Chapter 44 of the Massachusetts General Laws and to fund item 20, $26,000 be appropriated from the Sewer Enterprise Fund Retained Earnings Balance. 2003 ANNUAL TOWN MEETING MINUTES ARTICLE 13 CAPITAL IMPROVEMENT PLAN APPROPRIATION FY 2004 Capital Improvement Budget- F-iscal Year 7nnA FY2(1Od CIP Town Manager F Boa"Hr61-9eie6finen "PTHUH6e Committee I Kittredge School Window -"----" 163, 2 Franklin School Window T06, 3 Central Office-Leasehold -so, 4 i✓amera/Door Security 44, 5 RdpFace deck roofing at the Sargent 28, • 422, Boxford S reet3eplaceVL@W&rD that the Town raise and appropriate the sum of $33,1)00,000 for c �tatlon-Generator,;-Fire Statim- --_a r_____:_,_:.__ _ _-_--- _,____ __,___, "-'42;'--ding any ne4-esVr14i agd tt1onal architectural services, construction management servic ,demolition aha silpjwm-gg ents, such school to be built at the Foster Fann site on Bo rd Street. Police 122, Abid=A*Ptil�&fdtf"i € appropriation the Treasurer, with the approval o4%e Board of S'&ct-V89 Tg authorized to borrow $35,000,000 under Chapter 44 of the neral Laws an mam&'hapter 70B of the General Laws, as amended; 105 I drainage 100, That g/,4sl-Wpropriation be expended under the jurisdiction of the Schgypl Building I " nofted x high -,hall he nnthnri7er1 to take nnv nther nrtinn nere-,-,nry to a3rrV Out this 1' Works Pt",i4ANyNver, that no expenditure shall be made and no debt may bt wred under of Education approygsj school faci s. similar _ _ is of the prOjeCSewer System Extension in Watershed FY03- 1,162, rxpen i ure s aBe ma e an no e may ud under tisdents as sub i t$ ifl 78KI Department's fficial enrollment report to the State; g Raise and ppropriate- eneral Fund Free An t Z�8P6V9- ffffAn is authorized to petition the General Court for n act to ai a an pp opria e- aut ota aS��l joAgn of interest during construction of the school projemt. 5 Bonds/Notes- 1,859, A ,g*F4ot&place paragraph four in its entirety with "Provided hiwff,ei, that no exp ndbimessbAsbe made and no debt may be incurred under this votd;4Aqj1 he State Boo rd84VdM9ftVW approves a school facilities or other similar grant at a reimb rsement rate e b t 54.00 percent of the eligible costs of the project and, fur ermore, that t ce-Committee determines which determination shall be con v that the grant be sufficient to cover at least 50% of the project's actual costs as esrimated at the time such expenditures are first made. YES 282 NO 14 Article 15. Water Enterprise Fund Appropriation-Fiscal Year 2004. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from 2003 ANNUAL TOWN MEETING MINUTES available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2003 and ending June 30, 2004. UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "FY04 Recommendations: Town Manager/Board of Selectmen/Finance Committee" amended to change the line item Admin/Indirect from $419,000 to $437,000, to operate the Water Enterprise Fund and further that $4,078,719 be raised from water receipts, $250,000 be transferred from water enterprise fund retained earnings and $437,000 be raised from water receipts and appropriated to the general fund. WATER ENTERPRISE FY03 FY04 FY04 Recommendations Revised Department Town Manager(2/10/2003) Budget Request Board of Selectmen (3/24/2003) (12/2002) (1/12/2003) Finance Committee(4/3/2003) Personnel 645,439 661,613 Expenses 800,499 867,275 Capital 125,000 135,000 Debt Service 2,322,160 2,664,831 Sub-Total Direct Expenditures 3,893,098 4,328,719 Admin/Indirect 475,000 419,000 Total Water Enterprise 4,368,098 4 903 020 4,747,719 And Transfer of$250,000 from Retained Earnings VOTED MAY 13, 2003 Article 16. Sewer Enterprise Fund Appropriation-Fiscal Year 2004. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2003, and ending June 30, 2004. UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "FY04 Recommendations: Town Manager/Board of Selectmen/Finance Committee" amended to change the line item Admin/Indirect from $188,000 to $198,500, to operate the Sewer Enterprise Fund and further that $3,619,924 be raised from Sewer receipts, $100,000 be transferred from Sewer enterprise fund retained earnings and $198,500 be raised from sewer receipts and appropriated to the general fund. 2003 ANNUAL TOWN MEETING MINUTES SEWER ENTERPRISE FY03 FY04 FY04 Recommendations Revised Department Town Manager(2/10/2003) Budget Request Board of Selectmen (3/24/2003) (12/2002) (1/12/2003) Finance Committee(4/3/2003) Personnel 216,954 267,588 Expenses 201,557 190,450 GLSD Assessment 1,404,664 1,446,804 Settlement 56,000 56,000 Capital 28,000 0 Debt Service 1,405,365 1,759,082 Sub-Total Direct Expenditures 3,312,540 3,719,924 Admin/Indirect 188,000 188,000 Total Sewer Enterprise 3,500,540 3 970 471 3,907,924 And Transfer$ 100,000 from Retained Earnings VOTED MAY 13, 2003 Article 17. Stevens Estate at Osgood Hill Enterprise Fund Appropriation - Fiscal Year 2004. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2003 and ending June 30, 2004. UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "FY04 Recommendations: Town Manager/Board of Selectmen/Finance Committee" amended to change the line item Admin/Indirect from $88,000 to $91,900, to operate the Stevens Estate at Osgood Hill Enterprise Fund and further that $587,000 be raised from Stevens Estate receipts, $64,677 be transferred from Stevens Estate at Osgood Hill Enterprise fund retained earnings and $91,900 be raised from Stevens Estate receipts and appropriated to the general fund. STEVENS ESTATE at FY03 FY04 FY04 Recommendations Revised Department Town Manager(2/10/2003) OSGOOD HILL Budget Request Board of Selectmen (3/24/2003) (12/2002) (1/12/2003) Finance Committee(4/3/2003) Personnel 249,037 234,015 Expenses 361,503 417,662 Capital 97,460 0 Sub-Total Direct Expenditures 708,000 651,677 Admin/Indirect 72,000 88,000 Total Stevens Estate Enterprise 780,000 739,677 739,677 And Transfer$64,677 from Retained Earnings VOTED MAY 13, 2003 Article 18. Funding Phase II Stormwater Regulations. UNANIMOUSLY VOTED that the Town will raise and appropriate the sum of$40,000 for the purpose of 2003 ANNUAL TOWN MEETING MINUTES continued compliance with the Environmental Protection Agency's Phase II Stormwater Regulations to be spent under the direction of the Town Manager. VOTED MAY 13, 2003 Article 19. Accept Provisions of Massachusetts General Law Chapter 59 Section 5K. UNANIMOUSLY VOTED that the Town accept the provisions of Massachusetts General Law Chapter 59, Section 5K to establish a program to allow persons over the age of 60 to volunteer time to provide services to the Town to reduce their Fiscal Year 2004 Real Estate Property Tax, provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program not to exceed S 10,000. VOTED MAY 13, 2003 Article 20. Accept Provisions of Massachusetts General Law Chapter 32B, Section 9I — Employees on Military Leave of Absence for Active Service. UNANIMOUSLY VOTED to accept the provisions of Chapter 32B Section 91. VOTED MAY 13, 2003 Article 21. Petition the General Court - Change Date of Annual Town Election. UNANIMOUSLY VOTED to authorize the Board of Selectmen to Petition the Massachusetts Legislature to Amend Chapter 8 Section 1.1 of the Charter for the Town of North Andover by deleting in section 1.1 "the first Tuesday in March" and replacing with "the last Tuesday in March". VOTED MAY 13, 2003 Article 22. Report of the Community Preservation Committee. UNANIMOUSLY VOTED to receive the report of the Community Preservation Committee. VOTED MAY 13, 2003 Article 23. Appropriations - Community Preservation Fund. MAJORITY VOTE to accept the recommendation of the Community Preservation Committee and appropriate items from Community Preservation Receipts for a total appropriation of$1,780,900. List of Appropriations— Community Preservation Fund 2003 ANNUAL TOWN MEETING MINUTES Description Amount Category a) Town Common: historical landscaping and restoration $205,000 Historic Resources b) Creation of multi-purpose playing fields and lights at Drummond Park $70,000 Recreation/Open Space c) Sharpners Pond field expansion $25,000 Recreation/Open Space d) Stevens Memorial Library:Restoration of Stairs $50,000 Historic Resources e) Stevens Estate:new water line $140,000 Historic Resources f) Stevens Estate:sprinkler system $120,000 Historic Resources g) Kiosks for open space parcels $17,000 Open Space h) Scholfield Mill restoration $3,000 Historic Resources i) Principal and interest expenses: Carter Hill $385,000 Open Space j) Principal and interest expenses:Half Mile Hill 5575,000 Open Space k) Conservation Restriction monitoring: Carter Hill and Half Mile Hill $20,000 Open Space 1) Reserve for future expenditures $165,900 Affordable Housing m) Administrative Costs $5,000 Administrative and Operating Expenses VOTED MAY 13, 2003 Article 24. Land Transfer — 922 Dale Street — McCarthy Property. UNANIMOUSLY VOTED to authorize a petition to the Massachusetts Legislature requesting that the Town be given the authority to make a discontinuance of a portion of Dale Street abutting the property owned by Joseph W. and Sharon P. McCarthy at 922 Dale Street, Assessor's Map 104A, Parcel 61, which is currently under the ownership and control of the Commonwealth of Massachusetts, containing approximately 21,984 square feet of land, as shown on a "Plan of Land, 922 Dale Street,North Andover, MA,prepared for Joseph McCarthy" which is on file with the Town Clerk's office, on such terms and conditions as the Selectmen deem to be in the best interest of the Town. VOTED MAY 13, 2003 Article 25. Amend Zoning Map Rezone Portion of Turnpike Street— 642 Turnpike Street — From Residential Three (113) to Village Commercial (VC). UNANIMOUSLY VOTED TO "TAKE NOT ACTION" to amend the Zoning Map of the Town of North Andover by rezoning the following parcel of land from Residential Three (R3) to Village Commercial (VC). Said parcel of land is shown on Assessor's Map 98D, Parcel 37. Said land to be rezoned consists of approximately 13,013 square feet. VOTED MAY 13, 2003 Article 26. Amend Zoning Map- Portion of Route 114- Turnpike Street Across from Eagle Tribune Property — Assessor's Map 24 Parcel 16, Assessor's Map 24 Parcel 17 and Assessor's Map 27 Parcel 22 From Residential 4 (R4) to General Business (GB). VOTED to amend the Zoning Map of the Town of North Andover for the following parcels along Rt. 114 from Residential 4 (R4) to General Business (GB): 2003 ANNUAL TOWN MEETING MINUTES Map 24 Parcel 16, Map 24 Parcel 17 and Map 27 Parcel 22 containing 14.496 acres more or less that being: Legal Description - Assessor's Map 24 Parcel 16 - A certain parcel of land located north of Peters Street and west of Salem Turnpike in the Town of North Andover, in the County of Essex and the Commonwealth of Massachusetts bounded and described as follows: Beginning at a point on the southwesterly side of Salem Turnpike at a distance of one hundred fifty five feet, more or less, (155±) north of the northerly sideline of Peters Street and on the westerly sideline of Salem Turnpike and being the southeast corner of the parcel hereinafter described; thence S 640 26' 14"W a distance of one hundred fifty and seventy six hundredths feet (150.76') to a point; thence N 10059' 19" W a distance of one hundred ninety and fifty hundredths feet (109.50') to a point; thence S 86057'55"W a distance of one hundred fifty three and eighty hundredths feet (153.80') to a point; thence S O1056'15"E a distance of seventy and twenty hundredths feet(70.20') to a point; thence N 46014'03"W a distance of one thousand three hundred fifty nine and nine hundredths feet (1,359.09') to a point; thence N 27024'30"E a distance of one hundred ninety three and sixty five hundredths feet (193.65') to a point; thence S 82013'58"E a distance of three hundred one and seventy two hundredths feet (301.72') to a point; thence N 02008'43"E a distance of sixty and no hundredths feet (60.00') to a point; thence S 87003'15"E a distance of forty six and twenty nine hundredths feet(46.29') to a point; thence N 66035'29"E a distance of two hundred forty eight and no hundredths feet (248.00') to a point; thence S 23024'30"E a distance of one hundred twenty two and eighty six hundredths feet(122.86') to a point; thence S 23024'30"E a distance of two hundred two and five hundredths feet(202.05') to a point; thence S 66035'34"W a distance of two hundred fifty and no hundredths feet(250.00') to a point; thence S 23024'30"E a distance of two hundred and no hundredths feet(200.00') to a point; thence N 66035'30"E a distance of two hundred fifty two and twenty four hundredths feet (252.24') to a point; thence Southeasterly and curving to the left along the arc of a curve having a radius of four thousand sixty six and no hundredths feet (4066.00'), a length of five hundred ten and eighteen hundredths feet(510.18') to a point of tangency; thence 2003 ANNUAL TOWN MEETING MINUTES S 32030'00" E a distance of three hundred thirteen and forty two hundredths feet (313.42') to the point of beginning. The above described parcel contains 578,797 Sq. Ft. or 13.287 acres. Legal Description - Assessor's Map 24, Parcel 17: A certain parcel of land located north of Peters Street and west of Salem Turnpike in the Town of North Andover, in the County of Essex and the Commonwealth of Massachusetts bounded and described as follows: Beginning at a point on the southwesterly side of Salem Turnpike at a distance of four hundred eighty feet, more or less, (480±) north of the northerly sideline of Peters Street and the westerly side of the Salem Turnpike and being the southeast corner of the parcel hereinafter described; thence S 58040'10"W a distance of two hundred fifty and no hundredths feet (250.00') to a point; thence N 31019'50"W a distance of one hundred fifty and two hundredths feet(150.02') to a point; thence N 58040'10"E a distance of two hundred fifty and no hundredths feet(250.00') to a point; thence Southeasterly and curving to the left along the arc of a curve having a radius of four thousand sixty six and no hundredths feet (4066.00'), a length of one hundred fifty and three hundredths feet (150.03') to the point of the beginning. The above described parcel contains 37,436 Ft. or 0.859 acres of land in the Town of North Andover, Massachusetts. Legal Description - Assessor's Map 27 — Parcel 22: A certain parcel of land located south of Waverly Road and west of Salem Turnpike in the Town of North Andover, in the County of Essex and the Commonwealth of Massachusetts bounded and described as follows: Beginning at a point on the southwesterly side of Salem Turnpike at a distance of five hundred ninety feet, more or less (590'±) south of the southerly sideline of Waverly Road and on the westerly sideline of Salem Turnpike and being the northeast corner of the parcel hereinafter described; thence S 23024'30" E a distance of one hundred twenty two and eighty six hundredths feet (122.86') to a point; thence N 87003'15" W a distance of two hundred seventy six and seventy six hundredths feet(276.76') to a point; thence N 66035'29" E a distance of two hundred forty eight and no hundredths feet (248.00') to the point of beginning. 2003 ANNUAL TOWN MEETING MINUTES The above described parcel contains 15, 234 Sq. Ft. or 0.350 acres in the Town of North Andover. VOTED TO ADOPT ARTICLE 26 MAY 13, 2003 YES 246 NO 15 Article 27. Amend ZoninI4 Map- Portion of Route 114 Turnpike Street Adjacent to United Methodist Church- Assessor's Map 24 Parcel 81 from Business Four (134) to General Business (GB). VOTED to amend the Zoning Map of the Town of North Andover- Portion of Route 114 (Turnpike Street) Assessor's Map 24 Parcel 81 from Business Four (B4) to General Business (GB), more specifically, Route 114, Map 24, Parcel 81, containing 2.858 acres more or less that being: Legal Description -Assessor's Map 24 —Parcel 81: A certain parcel of land located on the northeast corner of the intersection of Peters Street and Salem Turnpike in the Town of North Andover, in the County of Essex and Commonwealth of Massachusetts bounded and described as follows: Beginning at a point on the northeasterly side of Salem Turnpike at a distance of four hundred sixty feet, more or less, (460±) northwest of the centerline of Peters Street, on the easterly sideline of Salem Turnpike and being the northwest corner of the parcel hereinafter described; thence N 61°05'39" E a distance of six hundred sixty two and no hundredths feet (662.00') by land of the Lawrence Eagle Tribune to a point; thence S 21046'28" E a distance of sixty two and thirty one hundredths feet(62.31') by land of the Lawrence Eagle Tribune to a point; thence S 61"05'39"W a distance of four hundred seven and eighty three hundredths feet (407.83')by lot A to a point; thence S 29002'30" E a distance of three hundred sixteen and ninety six hundredths (316.96') by Lot A to a point; thence S 42040'40" E a distance of fifty and fifty eight hundredths feet (50.58') by Lot A to a point; thence S 60057'30"W a distance of one hundred fifty seven feet and no hundredths feet (157.00') by the sideline of Peters Street to a point of curvature; thence Northwesterly and curving to the right along the arc of a curve having a radius of eighty and no hundredths feet(80.00'), a length of one hundred twenty and eighty three hundredths feet (120.83') to a point of tangency; thence 2003 ANNUAL TOWN MEETING MINUTES N 32030'00" W a distance of three hundred fifty four and no hundredths feet (354.00') to the point of beginning. The above parcel is shown as lot B and described in the deed in North Essex County Registry of Deeds at book 3068 Page 299. The above metes and bounds description is taken from a plan prepared for First Methodist Church dated December 20, 1989 by Richard F. Kaminski and Associates, Inc. and recorded as Plan number 11717 in the North District Essex Registry of Deeds. The above described parcel contains 124,482 Sq. Ft. or 2.858 acres more or less in the Town of North Andover, Massachusetts. VOTED TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT WITH THE FOLLOWING CORRECTION: "Delete Parcel 82 in line 3 and replace with Parcel 81 to correct typographical error". VOTED MAY 13, 2003 YES 226 NO 18 Article 28. Creation of Residential Re-Use Overlay District. To see if the Town will vote to amend Section 8.12 of the Zoning Bylaw for the Town of North Andover by establishing an overlay district. UNANIMOUSLY VOTED TO "TAKE NO ACTION" on Article 28 VOTED MAY 13, 2003 Article 29. Amend Zoning Map — Assessor Map 35 Lot 50 — 1003 Osgood Street from Residential One (R-1) to Business Two (132). VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to rezone the herein described parcel of land from Residential One (R-1) to Business Two (B-2). The subject parcel is identified on the North Andover Assessor's Map 35, Lot 50, and further known as 1003 Osgood Street, North Andover Massachusetts. The subject property being generally as shown on the plan entitled "1003 Osgood Street— Existing Conditions Plan" dated August 8, 2002, scale 1"=20' prepared by MHF Design Consultants' Inc. a copy of which is on file in the office of the Town Clerk. VOTED MAY 13, 2003 Article 30. Inclusion in Residential Re-Use Overlay District— Assessor's Map 35, Lot 50 — 1003 Osgood Street. To see if the Town will vote to include the herein described parcel of land in the Residential Re-Use Overlay District. The subject parcel is identified on the North Andover Assessor's Map 35, Lot 50, and further known as 1003 Osgood Street, North Andover Massachusetts. The subject property being generally as 2003 ANNUAL TOWN MEETING MINUTES shown on the plan entitled "1003 Osgood Street — Existing Conditions Plan" dated August 8, 2002, scale 1"=20' prepared by MHF Design Consultants, Inc., a copy of which is on file in the office of the Town Clerk. UNANIMOUSLY VOTED TO "TAKE NO ACTION" on Article 30 Article 31. Amend Zoninj4 Map— Sharpners Pond Road - Off Route 114- Future Ice Rink Facility. UNANIMOUSLY VOTED to amend the North Andover Zoning Map by rezoning the following parcel of land from Industrial 3 (I3) Zoning District and establishing the same as an Industrial 1 (I1) Zoning District: A parcel of land located on the north side of Sharpners Pond Road, beginning at a point located 438.03' east of the intersection of Sharpners Pond Road and Route 114, at a point on the north side of Sharpners Pond Road running: Northwesterly 322.14' along two courses to a point at other land of the Town of North Andover, thence Easterly 554.82' along land of the Town of North Andover to a point thence Southeasterly 205.82' along land of the Town of North Andover to a point thence Easterly 121.61' along land of the Town of North Andover to a point thence Southeasterly 106.24' along land of the Town of North Andover to a point thence R=30.00' L=47.35' along land of the Town of North Andover along a curve to the right to a point on the north side of Sharpners Pond Road, thence R=1984.86' L=695.33' along a curve to the left along Sharpners Pond Road to a point, thence Southwesterly 137.86' along the sideline of Sharpners Pond Road to a Point, said point being the point of beginning, Said parcel contains 5.03 acres of land and is shown as Lot A on a "Plan of Land proposed for rezoning in North Andover, MA prepared for North Andover Youth Hockey Association, March 29, 2003, Merrimack Engineering Services, 66 Park Street, Andover, MA 01810" and on file in the office of the Town Clerk; or take any action relative thereto. Article 31. Amend Zoning Map— Sharpners Pond Road - Off Route 114- Future Ice Rink Facility. UNANIMOUSLY VOTED to amend the North Andover Zoning Map by rezoning the following parcel of land from Industrial 3 (I3) Zoning District and establishing the same as an Industrial 1 (I1) Zoning District: 2003 ANNUAL TOWN MEETING MINUTES A parcel of land located on the north side of Sharpners Pond Road, beginning at a point located 438.03' east of the intersection of Sharpners Pond Road and Route 114, at a point on the north side of Sharpners Pond Road running: Northwesterly 322.14' along two courses to a point at other land of the Town of North Andover, thence Easterly 554.82' along land of the Town of North Andover to a point thence Southeasterly 205.82' along land of the Town of North Andover to a point thence Easterly 121.61' along land of the Town of North Andover to a point thence Southeasterly 106.24' along land of the Town of North Andover to a point thence R=30.00' L=47.35' along land of the Town of North Andover along a curve to the right to a point on the north side of Sharpners Pond Road, thence R=1984.86' L=695.33' along a curve to the left along Sharpners Pond Road to a point, thence Southwesterly 137.86' along the sideline of Sharpners Pond Road to a Point, said point being the point of beginning, Said parcel contains 5.03 acres of land and is shown as Lot A on a "Plan of Land proposed for rezoning in North Andover, MA prepared for North Andover Youth Hockey Association, March 29, 2003, Merrimack Engineering Services, 66 Park Street, Andover, MA 01810" and on file in the office of the Town Clerk. Article 32. Authorization to Sell Land for Ice Rink Facility Located on Sharpners Pond Road. UNANIMOUSLY VOTED to authorize the Board of Selectmen to sell through the land disposition process prescribed in Massachusetts General Laws Chapter 30B§16, on terms and conditions deemed by the Board of Selectmen to be in the best interest of the Town including use of the property as an ice rink facility that certain parcel of land described as follows: A parcel of land located on the north side of Sharpners Pond Road, beginning at a point located 438.03' east of the intersection of Sharpners Pond Road and Route 114, at a point on the north side of Sharpners Pond Road running: Northwesterly 322.14' along two courses to a point at other land of the Town of North Andover, thence Easterly 554.82' along land of the Town of North Andover to a point thence Southeasterly 205.82' along land of the Town of North Andover to a point thence Easterly 121.61' along land of the Town of North Andover to a point thence Southeasterly 106.24' along land of the Town of North Andover to a point 2003 ANNUAL TOWN MEETING MINUTES thence R=30.00' L=47.35' along land of the Town of North Andover along a curve to the right to a point on the north side of Sharpners Pond Road, thence R=1984.86' L=695.33' along a curve to the left along Sharpners Pond Road to a point, thence Southwesterly 137.86' along the sideline of Sharpners Pond Road to a Point, said point being the point of beginning, Said parcel contains 5.03 acres of land and is shown as Lot A on a "Plan of Land proposed for rezoning in North Andover, MA prepared for North Andover Youth Hockey Association, March 29, 2003, Merrimack Engineering Services, 66 Park Street, Andover, MA 01810" and on file in the office of the Town Clerk. VOTED MAY 13, 2003 Article 33. Amend Zoning Bylaw Section 8.7 - Growth Management. UNANIMOUSLY VOTED that the Town will amend Section 8.7.2(c) of the Zoning Bylaw (Growth Management Printed in its entirety in the warrant) to change the date of `July 1,2003' to `July 1, 2004', in two places to read as follows: "c) The provisions of this Section 8.7 shall expire on July 1, 2004; however, by a vote of Town Meeting before said date, the provisions of this Section 8.7 may be extended for an additional four years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event such action is taken by Town Meeting prior to July 1, 2004 these provisions shall not be construed to have lapsed on such date." The existing bylaw reads as follows: 8.7 GROWTH MANAGEMENT 1. INTENT AND PURPOSE This Section 8.7 is adopted pursuant to the provisions of M.G.L., c. 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; 2003 ANNUAL TOWN MEETING MINUTES b) to allow the Town time to update its Master Plan and to provide the Town with time to study the effect of growth on the municipality's infrastructure, character and municipal services; c) to allow the Town time to study,plan for, and provide an additional source of water; 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 preserve and enhance the exiting community character and value of property; and f) 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. 2. APPLICABILITY, EFFECT AND DEFINITIONS a) No building permit shall be issued for a new dwelling unit between May 6,1996 and July 1,1996 unless exempted by Section 8.7(6)herein. b) Beginning on July 1, 1996 , no building permit for a new dwelling unit or units shall be issued unless in accordance with the regulations of this Section 8.7 or unless exempted by Section 8.7(6) herein. C) The provisions of this Section 8.7 shall expire on July 1, 2003; however, by a vote of Town Meeting before said date, the provisions of this Section 8.7 may be extended for an additional five years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event such action is taken by Town Meeting prior to July 1, 2003 these provisions shall not be construed to have lapsed on such date. d) For the purposes of this Section 8.7 , the following terms shall have the following meaning: i) "Growth Rate Limit" shall mean the maximum number of building permits that may be authorized in one Year, which shall be 80 permits. The Growth Rate Limit is based upon analysis of recent average growth rates and an analysis of the Town's current and future ability to provide essential local services such as public safety, schools, public works and human services. Units exempt 2003 ANNUAL TOWN MEETING MINUTES under section 8.7(6) are included within the calculation of the Growth Rate Limit. ii) "Development" shall mean a single parcel or set of contiguous parcels of land held in 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 will be sought. iii) "Development Schedule" shall mean a schedule authorized by the Planning Board in accordance with Section 8.7(4), which outlines the maximum building permit issuance per development. iv) "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. V) "Year" shall mean the period beginning July 1 and ending June 30. 3. PLANNED GROWTH RATE a) The Growth Rate Limit shall be based on a target growth rate of 80 dwelling units per year. In no case, however, shall the number of nonexempt building permits issued be reduced below 60 permits in any one year period. b) Whenever the number of building permits issued for new dwelling units exceeds the applicable Growth Rate Limit, the Building Inspector shall not issue building permits for any additional dwelling unit or units unless such unit or units are exempt from the provisions of this Section 8.7 under subsection 8.7(6) below. C) Building permits authorized under a Development Schedule, but not issued during the scheduled period set forth in Section 8.7(4) shall not be counted in computing the applicable Growth Rate Limit. Building permits issued, but subsequently abandoned under the provisions of the State Building Code, shall not be counted in computing the applicable Growth Rate Limit. 4. DEVELOPMENT SCHEDULING a) This Section 8.7(4) shall apply to the following types of development which would result in the creation of new dwelling units; (a) definitive subdivision plans, (b) plans subject to M.G.L. c.41, s.81P (ANR); (c) special permits. 2003 ANNUAL TOWN MEETING MINUTES b) In addition to the types of development described in paragraph 8.7(4)(a), the Planning Board is authorized, upon request from the Developer, to approve a development schedule for any other building lot or dwelling unit, specifying the month and year in which such lot/unit shall be eligible for a building permit. C) Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located on either a single parcel or on a set of contiguous parcels of land held by a Developer in common ownership, regardless of form, at any time on or after the date of adoption of this bylaw. d) Where consistent with the applicable Growth Rate Limit, building permits for the construction of new residential units in types of development set forth in Section 8.7(4)(a), shall be authorized only in accordance with the following table: Number of New dwelling Maximum Number of units in development building permits for new dwelling units per Year 1-5 (Total in Development) 6-10 5 11-20 6 21-30 7 31-40 8 41-54 9 55-80 10 More than 80 12.5% of Total in Development Notwithstanding that a Development Schedule has been approved and recorded, the Planning Board shall not be required to authorize the issuance of the stated maximum number of building permits if the issuance of such permits would result in exceeding the Growth Rate Limit. Adoption of a Development Schedule shall not be construed as a commitment to issue building permits. The Planning Board shall not establish any Development Schedule which phases development for longer than a 10 year period. 5. PROCEDURES FOR DEVELOPMENT SCHEDULES 2003 ANNUAL TOWN MEETING MINUTES a) No building permits for new dwelling units shall be issued until the Development Schedule has been recorded and a certified copy of the Development Schedule has been filed with the Planning Board. b) Upon transfer of any lot or unit in the types of development subject to development scheduling, the deed shall reference the Development Schedule and state the earliest date on which construction may be commenced in accordance with the provisions of this bylaw. C) In order to be equitable to all Developers no more than 20% of the total available building permits under section 8.7(3)(a), in any Year, will be issued to any one Developer. d) Procedures for development schedules shall be in accordance with rules and regulations, consistent with the provisions of this bylaw, to be adopted by the Planning Board on or before July 1, 1996. 6. EXEMPTIONS The following developments are specifically exempt from the Growth Rate Limit and Development Scheduling provisions of this by-law. The issuance of building permits for these Developments shall count toward the Growth Rate Limit of 80 permits in a Year. Except that permits issued under subsection (a) below shall not count towards the Growth Rate Limit of 80 permits in a Year. 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) All lots created prior to May 6, 1996 are exempt from the provisions of this Section 8.7 of the Zoning Bylaw. 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 Program as administered by the Executive Office of Communities and Development; ii) The affordable units are subject to a properly executed and recorded deed restriction running with the land which 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. 2003 ANNUAL TOWN MEETING MINUTES d) Dwelling units for senior residents, where occupancy of the units is restricted to senior persons through a properly executed and recorded 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, (buildable lots), permitted under zoning and feasible given the environmental conditions of the tract, 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, 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 8.7 shall receive a one-time exemption from the Planned Growth Rate and Development Scheduling provisions for the purpose of constructing one single family dwelling unit on the parcel. g) If at the time a Development is ready for building permits, (i.e. all other permits from all other boards and commissions have been received and the project is in compliance with those permits), and the Development Schedule does not accommodate issuing a building permit in that Year, one building permit will be issued per Year per Development until such time as the Development Schedule accommodates issuing building permits. 7. ZONING CHANGE PROTECTION a) 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 a) 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 provisions of this by-law. b) Article 34. Authorization to Lease Stevens Estate at Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, negotiate and thereafter enter into a long-term lease of the Stevens Estate at Osgood Hill, such lease to have an original term not to exceed forty (40) years with one or more option periods not 2003 ANNUAL TOWN MEETING MINUTES to exceed an additional fifteen (15 years), subject to the agreement by the lessee to complete an event facility, conference center, bed and breakfast, exhibit space for recreational and other public purposes, all to be on such terms and conditions as shall be delineated and approved by the Board of Selectmen. UNANIMOUSLY VOTED TO "TAKE NO ACTION" on Article 34 VOTED MAY 13, 2003 Article 35. Authorization Massachusetts Electric Utility Easement — Foster Street. UNANIMOUSLY VOTED to authorize the Board of Selectmen and Conservation Commission to grant a utility easement, for guys and anchors, to Massachusetts Electric Company on land located off Foster Street shown on Assessor's Map 104D as Lot 43, with the easement being shown on a plan described as "Sketch showing proposed guys and anchors to be installed on private property owned by the Town of North Andover off Foster Street, North Andover, MA; Plan #044-02-14", which is on file with the Town Clerk's office on such terms as the Selectmen and Conservation Commission deem to be in the best interest of the Town of North Andover and authorize a petition to the Massachusetts Legislature for special legislation to accomplish the foregoing. VOTED MAY 13, 2003 Article 36. Establishment of Postal Stamp for Samuel Osgood. UNANIMOUSLY VOTED to endorse the recommendation for the adoption of a Postage Stamp to honor Colonel Samuel Osgood, First Postmaster General of the United States and native son of North Andover The Annual Town Meeting for the Town of North Andover dissolved by UNANIMOUS VOTE at 9:55PM on May 13, 2003. A True Copy Attest: Joyce A. Bradshaw, CMMC,Town Clerk 2003 ANNUAL TOWN MEETING MINUTES 2003 ANNUAL TOWN MEETING MINUTES 2003 ANNUAL TOWN MEETING MINUTES 2003 ANNUAL TOWN MEETING MINUTES