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TOWN MEETING MINUTES
Town of North Andover
Annual Town Meeting
May 13, 2000
Agreeable to a warrant signed by the Board of Selectmen, the inhabitants of the
Town of North Andover, who are qualified to vote in Town affairs, met at the North
Andover High School Field House on Saturday May 13, 2000, at 1:00 PM. then and there to
act upon the following articles:
The North Andover High School Band played the Star Spangled Banner prior to the
start of the meeting. Checklists were used and 392 voters were present to open the meeting.
Town Moderator Charles A. Salisbury called the meeting to order at 1:05 PM. The meeting
adjourned at 5:47 PM to reconvene at the North Andover High School Field House on
Monday May 18, 2000 at 7:OOPM.
The Meeting reconvened on Monday May 15, 2000 at the North Andover High
School Field House at 7:10PM. There were 229 Voters present to open the Meeting. The
meeting adjourned at 10:47 PM to reconvene on Wednesday June 14, 2000 at 7:OOPM. The
Meeting convened at 7:05PM with 198 voters present at the North Andover High School
Field House. The Annual Town Meeting dissolved on June 14, 2000 at 7:20 PM.
Article 1. Reports of Receipts, Expenditures and Special Committees:
UNANIMOUSLY VOTED to accept the reports of receipts and expenditures as presented
by the Selectmen in the 1999 Annual Town Report. No reports of any special appointed
committees were presented.
Board of Selectmen
VOTED MAY 13, 2000
Article 2. Approval of Comprehensive Master Plan. To see if the Town will vote to
accept the recommendations of the Master Plan Committee as cited in the Master Plan Goals
and Policies section (contained in the Supplemental Information Section herein) and as
presented in the Comprehensive Master Plan in accordance with Chapter 10 of the Town of
North Andover Charter.
Explanation: In 1996 the Town authorized the formation of the Master Plan
Committee to research, develop, prepare and update the Master Plan for the Town of
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North Andover. The Committee issued a series of Interim Reports at previous Town
Meetings. The May 1997 Interim Report summarized its review of prior master plan
efforts (Baseline Report), the results of a comprehensive Build out Study, its
participation at a series of neighborhood meetings, and the opinions of residents to a
telephone survey. The 1998 Interim Report outlined the committee's vision for the
Town, master plan goals and objectives and measurement of success. At last year's
Town Meeting, the committee presented its development strategies and
recommendations in the 1999 Interim Report. Throughout each stage of the process,
the Committee has conducted a series of public meetings to solicit the comments of
elected officials and concerned citizens.
At this year's Town Meeting, the Committee is presenting the final Master Plan
and is asking for approval of its recommendations for Economic Development, Natural
& Cultural Resources, Housing, Traffic & Circulation and Community Facilities &
Services. The Committee's recommendations to changes in zoning by-law will be
presented at the next Town Meeting.
The Master Plan Goals and Policies from the Comprehensive Master Plan is
contained in the supplemental information of the 2000 Finance Committee Report. The full
report of the Committee is available for review at the office of the Town Clerk, the Stevens
Memorial Library and the Office of Community Development.
UNANIMOUSLY VOTED TO ADOPT ARTICLE 2 AS PRESENTED.
VOTED MAY 13,2000
Article 3. Compensation Elected Officials: UNANIMOUSLY 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 annum $2,000
Chairman of Board of Selectmen per annum 300
School Committee per annum 2,000
Chairman, School Committee, per annum 300
Moderator, For Annual Town Meeting 100
For Special Town Meeting 50
VOTED MAY 13, 2000
Article 4. Fiscal Year 2000 Budget Transfers: UNANIMOUSLY VOTED to
transfer into various line items of the Fiscal Year 2000 operating budget from other line
items of said budget as follows:
- Transfer from "Sewer Enterprise Expenses" to "Sewer Enterprise Salaries" the
- Sum of$5,000;
Transfer from "Water Enterprise Expenses" to "Water Enterprise Salaries"
the sum of$10,000;
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Transfer from "Fixed Expenses—Debt Service" to "Public Works—Expenses"
the sum of$43,000;
Transfer from "Fixed Expenses—Debt Service" to "General Government—
Expenses" the sum of$27,000;
Transfer from "Water Enterprise—Water User Fees" to "Water Enterprise-
Debt" the sum of$38,000.
VOTED MAY 13, 2000
Article 5. Unpaid Bills: UNANIMOUSLY VOTED to take from available funds for
the payment, pursuant to Section 64 of Chapter 44 of Massachusetts General Laws, of
unpaid bills from previous fiscal years, including any bills now on over draft
UNANIMOUSLY VOTED TO APPROPRIATE FROM AVAILABLE FUNDS, THE
SUM OF $2,297.63 IN ORDER IN ORDER TO PAY OUTSTANDING BILLS TO
VENDORS LISTED BELOW:
Kopelman & Paige, P.C. (Legal Expenses) $1,228.38
Marsh, Moriarty, Ontell & Darcey, P.C. (Legal Expenses) $1,069.25
VOTED MAY 13, 2000
Article 6. State Revenue Sharing Resolution: Unanimously Voted to adopt a
resolution calling upon the Massachusetts General Court to increase and improve its share
of the funding of public education in North Andover and to fully fund the cost of state
mandated local service
STATE FUNDING RESOLUTION
"Whereas suburban and rural communities are forced into excessive reliance on the
property tax to pay for local services and for unfunded state mandates,
and whereas the 1993 Education Reform Act's local aid distribution formula unfairly
includes an average per capita income factor that results in the state giving less aid to
communities that pay more to the state in income taxes,
and whereas communities were forced to wait seven (7) years before any changes to the
formula would be considered
and whereas the inequitable local aid distribution formula has placed an undue burden on
North Andover's tax payers to meet education and other service needs,
be it resolved that the State's contribution toward North Andover's education funding and
other services is clearly inadequate and must be improved.
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Be it further resolved that the State must fully fund the cost of all state mandated local
services and that our representative to the General Court be instructed accordingly.
Copies of this Resolution will be sent by the Town Clerk to the Senate President, House
Speaker, Governor, and Lt. Governor.
Finance Committee
VOTED MAY 13, 2000
Article 7. Senior Citizens Tax Deferral Program — L• UNANIMOUSLY VOTED
to raise the income cap for the Senior Citizens' tax deferral program established under
Chapter 59, Section 5, Clause 41A from current $20,000 per household to $40,000 per
household.
Board of Selectmen
VOTED MAY 13, 2000 1
VOTED MAY 13,2000 2
VOTED MAY 13, 2000 2
VOTED MAY 13, 2000 5
Department 6
VOTED MAY 13, 2000 6
And that$2,796,278 be appropriated from Sewer receipts. 7
GENERAL GOVERNMENT 8
PUBLIC SAFETY 8
EDUCATION 9
PUBLIC WORKS 10
Recommends 10
FIXED EXPENSES 10
Fund 12
VOTED MAY 15, 2000 14
VOTED MAY 15, 2000 15
VOTED JUNE 14, 2000 15
VOTED MAY 15, 2000 16
VOTED MAY 15, 2000 16
VOTED MAY 15, 2000 17
VOTED MAY 15, 2000 18
VOTED MAY 15, 2000 18
VOTED MAY 15, 2000 YES 112 NO 45 21
VOTED MAY 15, 2000 23
VOTE MAY 15, 2000 23
VOTED MAY 15, 2000 26
VOTED MAY 13, 2000
Article 8. Senior Citizens Tax Deferral Program — 2: VOTED to authorize the
Board of Selectmen to file a home rule petition with the state legislature to increase the
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income cap for the Senior Citizens' tax deferral program established under Chapter 59,
Section 5, Clause 41A to $50,000 per household in North Andover.
Board of Selectmen
VOTED YES 168 NO 115
VOTED MAY 13, 2000
Article 9. Establish a Stevens Estate Conference Center Enterprise Fund:
UNANIMOUSLY VOTED to establish an Enterprise Fund for activity at the Stevens
Estate at Osgood Hill Conference Center pursuant to Massachusetts General Laws Chapter
44, Section 53F(1/2), or any other authority, including a home rule petition to the
legislature.
Finance Committee
VOTED MAY 13, 2000
Article 10. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal
Year 2001. UNANIMOUSLY VOTED that the Town appropriate the total listed under
the column "Finance Committee Recommendation" to operate the Stevens Estate at Osgood
Hill Enterprise Fund and further that$739,919 be raised from the user fee receipts.
STEVENS ESTATE ENTERPRISE FUND
STEVENS ESTATE FY 2000 FY 2001 FY 2001 FY 2001
ENTERPRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommendation Recommendation
Salaries $146,633 $196,744 $196,744 $196,744
Expenses $290,179 $313,175 $313,175 $313,175
Capital Building $230,000 $230,000 $230,000
Projects
Total: Stevens $436,812 $739,919 $739,919 $739,919
Estate Enterprise
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VOTED MAY 13, 2000
Article IL Water Enterprise Fund Appropriation for Fiscal Year 2001: To see what
action the town will take as to the Budget Recommendations for the Water Enterprise Fund
by the Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30,
2001.
Article 11. Water Enterprise Fund Appropriation for Fiscal Year 2001:
WATER FY 2000 FY 2001 FY 2001 FY 2001
ENTERPRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommendation Recommendation
Salaries $510,663 $541,241 $541,241 $541,241
Expenses $581,225 $666,975 $666,975 $666,975
Capital $113,500 $390,500 $390,500 $390,500
Reserve Fund $5,976 $0 $0 $0
Debt Service $2,108,538 $2,027,204 $2,027,204 $2,027,204
Total: Direct Costs $3,319,902 $3,625,920 $3,625,920 $3,625,920
Administrative/Indirect $265,485 $385,696 $368,688 $368,688
Total: Water $3,585,387 $4,011,616 $3,994,608 $3,994,608
Enterprise
UNANIMOUSLY VOTED that the Town appropriate the total listed under the column
"Finance Committee Recommendation" to operate the water fund and further that
$3,625,920 be raised from the water receipts and that $368,688 be raised from water
receipts and appropriated in the general fund.
Further amended by Motion of Robert J. Ercolim BY MAJORITY VOTE to amend the
budget to insert the line item "Board of Selectmen-GLSD" and the amount of$50,000 for
which sums will be expended under the direction of the Board of Selectmen to engage legal
counsel and other experts to consider asserting the application of all zoning requirements,
including the right to site plan review for proposed construction activities under the so-
called "Facilities 1 and Facilities 2 Plan of the Greater Lawrence Sanitary District" currently
under review by the Board of Health and to assist and defend the Building Inspector and
other Town Boards if the Building Inspector does not issue a building permit for either of
those facilities.
VOTED MAY 13, 2000
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Article 12. Sewer Enterprise Fund Appropriation for Fiscal Year 2001: To see what
action the Town will take as to the Budget Recommendations for the Sewer Enterprise Fund
by the Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30,
2001.
Article 12. Sewer Enterprise Fund Appropriation for Fiscal Year 2001:
SEWER FY 2000 FY 2001 FY 2001 FY 2001
ENTERPRISE
Board of Finance
Department Selectmen Committee
Budget Request Recommends Recommends
Salaries $157,114 $193,315 $193,315 $193,315
Expenses $127,450 $174,800 $174,800 $174,800
GLSD Assessment $909,159 $1,000,000 $950,000 $950,000
Capital $115,000 $165,000 $165,000 $165,000
Reserve Fund $16,246 $0 $0 $0
Debt Service $737,419 $1,165,000 $1,165,000 $1,165,000
Total: Direct Costs $2,062,388 $2,698,115 $2,648,115 $2,648,115
Administrative/Indirect $168,624 $159,037 $148,163 $148,163
Total: Sewer $21)231,012 $2,857,152 $2,796,278 $2,796,278
Enterprise
And that$2,796,278 be appropriated from Sewer receipts.
UNANIMOUSLY VOTED that the Town appropriate the total direct costs listed
under the column "Finance Committee Recommendation" to operate the sewer fund
and further that $2,648,115 be raised from sewer receipts and that $148,163 be raised
from sewer receipts and appropriated in the General Fund.
And further amended by Robert J. Ercolini by UNANIMOUS VOTE to amend the budget
by inserting a line item entitled" Special Legal and Technical Services-GLSD" in the
amount of$50,000.
These sums are to be expended under the direction of a committee of three (3) North
Andover residents appointed as soon as possible by the Town Moderator. The express
purpose of said funds is to have this committee engage a qualified environmental law firm
and environmental engineer, including David Graber, to assist the Board of Health in
meeting its requirements under the Memorandum of Understanding (MOU) between the
Town and the GLSD. These services shall include, but not be limited to, The Board of
Health's need to state with particularity all of the technical reasons and justifications if they
should adopt a written finding, that the proposed facilities pose a danger to public health,
safety or the environment within the Town which cannot be mitigated, under Section 7 of
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the Memorandum of Understanding executed by the North Andover Board of Selectmen on
March 17, 2000 and the North Andover Board of Health on March 23, 2000.
Further, this committee is to investigate and recommend to Town Meeting all available legal
remedies for residents of North Andover to pursue against the GLSD for its past and present
conduct and activities and to propose to subsequent Special or Annual Town Meetings
further action that may be necessary.
VOTED MAY 13, 2000
Article 13. General Fund Appropriation Article for Fiscal Year 2001: To see what
action the Town will take as to the Budget Recommendations of the General Fund by the
Finance Committee for the Fiscal Year beginning July 1, 2000 and ending June 30, 2001.
Article 13. General Fund Appropriation Article for Fiscal Year 2001:
GENERAL GOVERNMENT
GENERAL FY 2000 FY 2001 FY 2001 FY 2001
GOVERNMENT
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel Services $2,021,899 $2,165,155 $2,165,155 $2,165,155
Total Expenses $1,170,343 $1,054,198 $1,142,043 $1,142,043
Finance Committee $75,000 $75,000 $75,000 $75,000
Reseive
Total: General $3,267,242 $3,294,353 $3,382,198 $3,382,198
Government
PUBLIC SAFETY
PUBLIC SAFETY FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel Services $5,331,820 $5,505,633 $5,505,633 $5,505,633
Total Expenses $493,407 $710,271 $710,271 $710,271
Total: Public Safety $5,825,227 $6,215,904 $6,215,904 $6,215,904
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EDUCATION
EDUCATION FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
North Andover
Public Schools
Total Personnel $17,651,598
Services
Total Expenses $5,496,991
Sub-Total $23,148,589 $23,806,573 $24,584,573 $24,584,573
School Building
Committee
Total Personnel $14,500 $14,500 $14,500 $14,500
Services
Total Expenses $8,441 $8,441 $8,441 $8,441
Sub-Total $22,941 $22,941 $22,941 $22,941
Essex Regional
Technical
Total Personnel $0 $0 $0 $0
Services
Total Expenses $46,017 $92,034 $92,034 $92,034
Sub-Total $46,017 $92,034 $92,034 $92,034
Greater
Lawrence
Vocational
Total Personnel $0 $0 $0 $0
Services
Total Expenses $90,000 $90,000 $90,000 $90,000
Sub-Total $90,000 $90,000 $90,000 $90,000
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Total:Education $23,307,547 $24,011,548 $24,789,548 $24,789,548
PUBLIC WORKS
PUBLIC WORKS FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Total Personnel $1,115,967 $1,153,222 $1,153,222 $1,153,222
Services
Total Expenses $1,974,700 $1,976,633 $1,976,633 $1,976,633
Total: Public Works $3,090,667 $3,129,855 $3,129,855 $3,129,855
FIXED EXPENSES
FIXED EXPENSES FY 2000 FY 2001 FY 2001 FY 2001
Town Board of Finance
Manager Selectmen Committee
Budget Recommends Recommends Recommends
Retirement $1,483,001 $1,554,814 $1,554,814 $1,554,814
Group Insurance Expense $3,081,680 $3,381,376 $3,381,376 $3,381,376
Property& Casualty $237,739 $270,929 $270,929 $270,929
Insurance
Debt Service-Principal $2,917,500 $2,992,000 $2,992,000 $2,992,000
Interest on Long Term Debt $2,363,304 $2,223,139 $2,223,139 $2,223,139
Interest on Short Term Debt $50,783 $143,075 $114,425 $114,425
Bond Issue Expense $20,838 $0 $0 $0
Total: Fixed Expenses $10,154,845 $10,565,333 $10,536,683 $10,536,683
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UNANIMOUSLY VOTED that the Town accept the recommendations of the Finance
Committee under the column entitled "FY2001 Finance Committee Recommendation"
with the following amendment:
Decrease "Public Works Total Personnel Services" by $19,142 and increase
Public Works Total Expense" by $19,142 for a total Public Works Budget of
$3,129,855.
Decrease "General Government Total Expenses" by $1,500 and increase
"General Government Total Personnel Services' by $1,500 for a total General
Government Budget of$3,382,198.
And further;
Add $39,540 to the line item "General Government— Total Personnel Services"
and add $95,414 to the line item "General Government — Total Expenses" for a total
General Government Budget $3,517,152;
Add $152,855 to the line item "Public Safety — Total Personnel Services" and
$70,088 to the line item "Public Safety — Total Expenses" for a total Public Safety
Budget of$6,438,847;
Add $859,534 to the North Andover Public Schools for a total Education
Budget of$25,649,082;
Add $186,500 to the line item :Public Works — Total Expenses" for a total
Public Works Budget of$3,316,355; and
Add $84,000 to the line item "Fixed Expenses — Group Insurance" and add
$127,000 to the line item "Fixed Expenses — Stabilization Fund", and add $36,000 to
the line item "Fixed Expenses — Debt Service" for a total Fixed Expense Budget of
$10,783,683;
Said supplemental appropriation would increase the amount to be raised by $1,650,931
for a total appropriation of $49,705,119, provided however, that this supplemental
appropriation shall not take effect until the Town votes to exempt from the limitations
on total taxes imposed by MGL Chapter 59, Section 21C (Proposition 2 V2 ) the amount
of$1,650,931 required to fund the supplemental appropriation
VOTED JUNE 14, 2000
Article 14. Capital Improvement Plan Appropriation for Fiscal Year 2001: To see
if the Town will vote to raise and appropriate, transfer from any available funds, or borrow
under the provisions of Chapter 44 of the Massachusetts General Laws, or any other
authority, the following sums of money for the purposes listed below:
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Article 14. CAPITAL IMPROVEMENT PLAN FY 2001
Board of Finance
Department Fund Selectmen Fund Committee Fund
Department Project Description Request Code Recommends Code Recommends Code
Fire Department
1. 4 WD Vehicle Replacement $37,088 1 $0 $0
2. Energy Efficient Windows $33,900 1 $0 $0
3. Out Country Fire Station Site $450,000 4 $0 $0
Sub-Total. Fire Department $5209988 $0 $0
Police Department
4. Body Armor Protection $289500 1 $28,500 1 $28,500 1
Replacement
Sub-Total. Police Department $28,500 $28,500 $28,500
School Department
5. High Temperature Control $100,000 1 $0 $0
6. Atkinson School Heating $430,000 4 $430,000 4 $430,000 4
System Replacement
Sub-Total. School Department $530,000 $430,000 $430,000
Division of Public Works
7. Dump Truck(#40) $50,000 1 $0 $0
8. Pick Up Truck(trade #41) $25,000 1 $0 $0
9. Infield Machine & Trailer $12,000 1 $12,000 1 $12,000 1
10. Backhoe (#62) $95,000 1 $95,000 4 $95,000 4
11. 4 x 4 (#6) $25,000 1 $0 $0
12. Sweeper $80,000 1 $0 $0
13. Town Farm Buildings $43,000 1 $0 $0
14. Safety Correction Vehicle $70,000 1 $0 $0
Maintenance Area
15. Waverley Road/Mass Ave $200,000 4 $0 $0
Traffic Lights
16. Replace High School Athletic $400,000 4 $0 $0
Fields
Sub-Total. Division of Public $1,000,000 $107,000 $107,000
Works
Board of Finance
Department Fund Selectmen Fund Committee Fund
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Department Project Request Code Recommends Code Recommends Code
Description
Water Enterprise Fund
17. Water Main Engineering $38,500 2 $38,500 2 $38,500 2
18. Carbon Filter Replacement $115,000 2 $115,000 2 $115,000 2
19. Re-tile Floors Walls Water $47,000 2 $47,000 2 $47,000 2
Treatment Plant
20. Surface Agitation System $140,000 2 $140,000 2 $140,000 2
21. Watershed Protection $50,000 2 $50,000 2 $50,000 2
Progra Program
22. Water System Rehabilitation $750,000 5 $750,000 5 $750,000 5
23. Standpipe Painting $300,000 5 $300,000 5 $300,000 5
Sub-Total. Water Enterprise $1,440,500 $1,440,500 $1,440,500
Fund
Sewer Enterprise Fund
24. Johnson Circle Pumping $165,000 3 $165,000 3 $165,000 3
Station
25. Sewer System Extension, $1,550,000 6 $1,550,000 6 $1,550,000 6
Phase I1I-D
26. Sewer System Extension in $84,000 6 $84,000 6 $84,000 6
Watershed, Ph. IV
27. Sewer System Improvements $334,000 6 $334,000 6 $334,000 6
I/I
28. Design East Side Sewer $695,000 6 $695,000 6 $695,000 6
Replacement
Sub-Total: Sewer Enterprise $2,828,000 $2,828,000 $2,828,000
Fund
GRAND TOTAL $6,347,988 $4,834,000 $4,834,000
CODE- Funding Sources-Recommended Items
1. Raise and Appropriate- General $40,500 $40,500
2. Raise and Appropriate-Water Enterprise $390,500 $390,500
3. Raise and Appropriate Sewer Enterprise $165,000 $165,000
4. General Obligation-Bonds $525,000 $525,000
5. General Obligation Bonds - Water Enterprise $1,050,000 $1,050,000
6. General Obligation Booms - Sewer Enterprise $2,663,000 $2,663,000
Grand Total: $4,834,000 $4,834,000
BELOW- Shown on Yellow Amendment-Article 14 presented to Town Meeting June
149 2000. Motion made to adopt as below by Finance Committee.
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CODE- Funding Sources-Recommended Items
1. Raise and Appropriate— General $385,588 $385,588
2. Raise and Appropriate-Water Enterprise $390,500 $390,500
3. Raise and Appropriate Sewer Enterprise $165,000 $165,000
4. General Obligation—Bonds $1,030,000 $1,030,000
5. General Obligation Bonds - Water Enterprise $1,050,000 $1,050,000
6. General Obligation Bogs - Sewer Enterprise $2,663,000 $2,663,000
Grand Total: $5,684,088 $5,684,088
UNANIMOUSLY VOTED to amend the title of item 16 from "Replace High School
Athletic Fields" to "Athletic Fields".
UNANIMOUSLY VOTED that the Town appropriate $5,684,088 to fund the items
listed under the column "Finance Committee Recommends"; and to meet the
appropriation for items 1,4,7,8,9,10,11,13,14,17,18,20,21, and 24, the sum of $941,088
shall be raised;
UNANIMOUSLY VOTED that to fund items 6,15,16,22,23,25,26,27, and 28, the
treasurer, with the approval of the Board of Selectmen, be authorized to borrow
$4,743,000 under Chapter 44 of the Massachusetts General Laws.
VOTED JUNE 1412000
Annual Town Meeting Reconvened at the North Andover High School Field House at
7:05 PM on Tuesday May 15, 2000.
Article 15. Authorization of Chapter 90 Highway Funds: To see if the Town will
vote to appropriate $408,066, or some other sum, for Massachusetts General Laws, Chapter
90 Road Repairs; and to meet said appropriation that the Treasurer, with the approval of the
Board of Selectmen, be authorized to borrow said sum in anticipation of State
reimbursement under Chapter 44, Section 6A of the General Laws.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 15 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 16. Appropriation for Tax Revaluation by Board of Assessors: To see if the
Town will vote to raise and appropriate, or appropriate from any available funds, the sum of
$90,000, or some other sum, for the purpose of retaining consultants and technical services
to assist the Board of Assessors to conduct a revaluation of taxable property in North
Andover.
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BOARD OF SELECTMEN
UNANIMOUSLY VOTED TO "TAKE NO ACTION".
VOTED JUNE 14, 2000
17. Amend Zoning Bylaw Section 4.136(8) — Add Waiver of Watershed Protection
District Special Permit: To see if the Town will vote to add a new Section 4.136 (8) of the
Town of North Andover Zoning Bylaw to read as follows:
Section 8. Waiver of Watershed Protection District Special Permit
When any construction proposed on an existing structure within the Watershed Protection
District will not expand the existing footprint of a structure, and will not disturb existing
topography, and is a proposal on town sewer, the Planning board may determine, without a
public hearing, that submission of a watershed protection district special permit is not
required. However, in order to obtain such a waiver, an applicant must schedule and agree
in writing for the Town Planner to perform a minimum of inspections during the
construction process to ensure proper erosion control is established during construction.
The applicant must also agree in writing that the Town Planner can stop construction if the
proper erosion control is not in place. For all proposals on septic, this section will not apply.
Applicants should refer to Sections 4.136 (3) (a)(b) (c) and (d) of the Town of North
Andover Zoning Bylaw.
The applicant must request a waiver from obtaining a Watershed Protection District Special
Permit in writing and may be required to submit supporting documentation, including, but
not limited to, proposed plans and correspondence depicting the proposal. The waiver
request will be discussed at a regular meeting of the Planning Board.
Planning Board
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt
Article 17 as printed in the warrant.
VOTED MAY 15, 2000
Article 18. Acceptance of Massachusetts General Law Chapter 40 Section 22F —
Setting of License Fees and Service Charges: To see if the Town will vote to adopt
Massachusetts General Law Chapter 40 Section 22F, "License Fees-Service Charges" to
allow the Board of Health to charge $150.00 (One hundred-fifty dollars) per recreational
camp permit.
Board of Health
VOTED BY CLEAR MAJORITY TO "TAKE NO ACTION" ON ARTICLE 18.
VOTED JUNE 149 2000
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Article 19. Authorization for Revolving Fund — Host Community Environmental
Monitoring: To see if the Town will vote to authorize the use of a revolving fund for Fiscal
Year 2001 pursuant to Chapter 44, Section 53E(1/2) of Massachusetts General Laws for the
purpose of allowing the Board of Health to retain consultants and services in order to
monitor and enforce operating permits and conditions of environmental and regional
services facilities located in North Andover, including the enforcement truck routes; further
that payments made to the Town by Massachusetts Refusetech, Inc. and the Greater
Lawrence Sanitary District under the terms of their host community agreements and permits
specifically earmarked to offset such monitoring and enforcement be deposited in such
revolving fund; and that the total amount of expenditures shall not exceed $75,000; or take
any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 19 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 20. Authority to Accept Easements: To see if the Town will vote to authorize
the Board of Selectmen to accept grants of easements for water drainage, sewage disposal
and utility purposes on terms and conditions of the Board of Selectmen deem in the best
interest of the Town; or take any other action relative thereto.
Department of Public Works
UNANIMOUSLY VOTED TO ADOPT ARTICLE 20 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 21. Authorization to Grant Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to grant easements for waters
drainage, sewage disposal and utility purposes on terms and conditions the Board and the
Committee deem in the best interests of the Town; or take any other action relative thereto.
Board of Selectmen
UNANIMOUSLY VOTED TO ADOPT ARTICLE 21 AS PRINTED IN THE WARRANT.
VOTED MAY 15, 2000
Article 22. Acquire Interests in Real Estate — Boxford and Foster Streets: To see if
the Town will vote to raise and appropriate a sum of money for the purpose of acquiring
interests in real estate located at " 22 Boxford Street, Assessors Map 104D Parcel 33, 1.25
acres, more or less", including but not limited to options to purchase; to authorize the
Selectmen to acquire all or portions of the rights, title and interest in said property in the
name of the Town for municipal purposes gift, purchase or eminent domain; to authorize the
Treasurer, with the approval of the Selectmen, to borrow said sum under Chapter 44 of the
16
Massachusetts General Laws or any other enabling authority; or take any other action
relative thereto.
Fire Chief William V. Dolan
VOTED BY CLEAR MAJORITY to direct the Board of Selectmen to enter into
negotiations no later than June 1, 2000, for the purpose of acquiring interests in real estate
located at "22 Boxford Street, Assessors Map 104D Parcel 33, 1.25 acres, more or less,
including but not limited to options to purchase; to authorize the Selectmen to enter into
agreements which are contingent upon approval at the next scheduled Town Meeting which
occurs after September 1, 2000 and limited to a total cost of not to exceed 5400,000 to
acquire all or portions of the rights, title and interest in said property in the name of the
Town for municipal purposes, gift,purchase or eminent domain.
VOTED MAY 15, 2000
Article 23. Utilize Portion of Foster Farm For Proposed Fire Station.
To see if the Town will vote to instruct the Board of Selectmen to direct the Fire
Department and any other town divisions and or Boards necessary to fully research,
investigate, and report back to Town Meeting within one year, all other possible town-
owned locations in the "out-country" area of North Andover as defined by the Master Plan
Committee, as viable and
feasible alternative locations for the proposed out country fire station, in lieu of the
proposed purchase of Lot number 33 on Tax Map 104D (Refer to Exhibit A shown below of
Assessors Map 104D). Potential alternative locations shall include but are not limited to,
the portions of the town-owned Foster Farm property which have frontage on Boxford
Street and the Cyr Recycling Center located on Sharpner's Pond Road.
17
Petition of Arthur Detora and Others
VOTED TO ADOPT ARTICLE 23 AS printed in the warrant.
VOTED MAY 15, 2000 YES 84 NO 79
Article 24. Roadway Acceptances — Brookview Drive and Lost Pond Lane. To see if
the Town will accept, as and for public ways in the Town of North Andover, the following
ways, in accordance with the Layout Order and Plans approved by the Board of Selectmen
and placed on file in the Office of the Town Clerk and further recorded as plan #13059 and
#12610 in the North Essex Registry of Deeds
❖ Brookview Drive
❖ Lost Pond Lane
VOTED BY CLEAR MAJORITY TO ACCEPT BROOKVIEW DRIVE AND LOST POND
LANE AS PUBLIC WAYS.
VOTED MAY 15, 2000
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Article 25. Roadway Acceptance— East Pasture Circle. To see if the Town will vote
to accept a certain roadway, known as East Pasture Circle, situated in No. Andover, Essex
County, MA being shown on a plan of land entitled "Definitive Plan" East Pasture Estates
located in No. Andover, MA: scale 1" = 40', Plan of lots 1-4, date; Dec. 14, 1994, revisions
5/1/95; Record Owner: Donald F. Johnston, 114 Boston Street, No. Andover, MA;
Applicants: Donald F. & Nancy A. Johnston, 114 Boston Street, No. Andover, MA, Hayes
Engineering Inc., 603 Salem Street, Wakefield, MA 01880, which plan is filed with the
Essex North Registry of Deeds as Plan# 12615.
Petition of Donald F. Johnston and Others
UNANIMOUSLY VOTED TO ADOPT EAST PASTURE CIRCLE AS A PUBLIC WAY AS
SHOWN IN PLAN# 1216 IN THE ESSEX NORTH REGISTRY OF DEEDS.
VOTED MAY 15, 2000
Article 26. Roadway Acceptance — Poor Street. To see if the Town will accept, as
and for public ways in the Town of North Andover, the following ways, in accordance with
the Layout Order and Plans approved by the Board of Selectmen and placed on file in the
Office of the Town Clerk.
Petition of Joseph A. Messina and Others
UNANIMOUSLY VOTED TO "TAKE NO ACTION" ON ARTICLE 26.
Article 27. Roadway Acceptances — Foxwood Drive, Phillips Common, Copley
Circle, Cobblestone Circle, Huckleberry Lane, Peterson Road, Bucklin Road, Weyland
Circle, Meadowood Road. To see if the Town will accept, as and for public ways in the
Town of North Andover, the following ways, in accordance with the Layout Order and
Plans approved by the Board of Selectmen and placed on file in the Office of the Town
Clerk:
•'• Foxwood Drive
❖ Phillips Common
❖ Copley Circle
❖ Cobblestone Circle
❖ Huckleberry Lane
•'• Peterson Road
❖ Bucklin Road
❖ Weyland Circle
•'• Meadowood Road
Petition of Lianne Cristaldi and Others
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VOTED BY CLEAR MAJORITY TO ACCEPT COBBLESTONE CIRCLE AS A
PUBLIC WAY AS SHOWN ON THE LAY OUT PLANS BY THE BOARD OF
SELECTMEN.
VOTED MAY 15, 2000
Article 28. Roadway Acceptances - Rosemont Drive, Wildrose Drive, Sky View
Terrace, Ridge Way, and Holly Ridge Road. To see if the Town will accept, as and for
public ways in the Town of North Andover, the following ways, in accordance with the
Layout Order and Plans approved by the Board of Selectmen and placed on file in the Office
of the Town Clerk:
❖ Rosemont Drive—Plan#12097
❖ Wildrose Drive—Plan#12097
❖ Sky View Terrace—Plan#12248
❖ Ridge Way—Plan#12248
❖ Holly Ridge Road—Plan#12097
Petition of Chris Colwell and Others
VOTED BY MAJORITY TO ACCEPT ROSEMONT DRIVE, WILDROSE DRIVE, SKY
VIEW TERRACE,RIDGE WAY,AND HOLLY RIDGE ROAD AS DESCRIBED ABOVE.
VOTED MAY 15, 2000
Article 29. Rezone Portion of Osgood Street—Map 35 Parcel 9-1210 Osl400d Street.
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR to adopt
Article 29 as printed in the warrant with the following amendment: "Business 1 (112)"
should read "Business 2 (112); And further to amend the Zoning designation of the
following parcel from Industrial 2 (I2) to Business 2 (132), more specifically 1210 Osgood
Street, Map 35, Parcel 9, containing 3.1 acres more or less that being:
20
A certain parcel
M shown on a plan
192 SUIT ST N PARCEL 4+ �� 3A.
aCITY°p.1;M "RPT°� °E°M W4' of land entitled
���E..5015 AlMJS PA1.v "
Ev NDM��Es,�
"Proposed Re-
Zoning Plan,
Assessor's Map
1t LOCUS 35, Parcel 9, in
11
S1OCFEusP°u n.a 9 North Andover,
MaI'fv vraCE: D ` y
31 E�T�P,°DS, '�° ICAME .-IT Massachusetts,
prepared for
Forgetta
$� P Development
"`"' C-111°
PROPOSED RE-ZONING LLC, 1049
a PLAN
l� AESESSER'S MAP 35 PARCEL 9 Turnpike Street,
INY/
NORTH ANDOVER,Ma North Andover,
FQPOETTADEVELOPMENT LLC
E E,�ET Massachusetts
xCe —COIN,. ERS 01.0
Marchionda 01845,
tae.4P.
osc000 STREET- reourE zs k w Marchionda&
�, »m
°. 3 Associates L.P.
SCALE: 1'=160 7
62 Montvale
Street, Stoneham, Massachusetts 02180, Date: 33/23/00". Said parcel is more particularly
bounded and ascribed as follows:
Beginning at a point, said point being the intersection of the Business 1/Industrial 2
Zone line as it intersects the westerly sideline of Osgood Street as shown on said plan;
thence
Northerly along the Westerly sideline of Osgood Street a distance of approximately
530 feet to the common boundary line between Assessor's Map 35, Parcel 9, and Assessor's
Map 34, Parcel 49; thence
Westerly a distance of 350 feet, more or less, along the boundary line between
Assessor's Map 35, Parcel 9, and Assessor's Map 34, Parcel 34, to a point; thence
Southerly a distance of 300 feet, more or less, to a point along the intersection of
Business District 1/Industrial 2 Zone line as shown on said plan; thence
Easterly a distance of 250 feet, more or less along the common boundary line of the
Business 1/Industrial 2 Zone to the point of beginning.
Containing 3.1 acres, more or less.
Petition of Marian Barrett and Others
VOTED MAY 15, 2000
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Article 30. Amend Zoning Bylaw — Section 7.1.2 (Lot Width). To see if the Town
will vote to amend the Zoning ByLaw at Section 7.1.2 (Lot Width) as set forth below to
correct an unintentional requirement that lots in the Village Residential (VR) zone (unlike
any other zone) must have a minimum lot width (currently 100') larger than the minimum
street frontage (85'). In all other zones, the minimum width is significantly less than the
required street frontage; the current exception for the R4 zone recognizes the smaller 100'
requirement in this zone. Since the VR zone requires minimum street frontage of 85', the
minimum lot width, to be consistent with all other zones, should be less than 85'. To correct
this unintentional omission, Section 7.1.2 is proposed to be amended by deleting the last
sentence of existing Section 7.1.2 and replacing the same with the following:
"This requirement shall apply in all zones except Residence 4 (R4) and Village
Residential (VR); for zone R4, said minimum width of the lot shall be a distance of 80 feet
and for zone VR, said minimum width of the lot shall be a distance of 80 feet"; or to take
any other action relative thereto.
Petition of Louis Minicucci,Jr. and Others
VOTED to amend the Zoning Bylaw, Section 7.1.2 (Lot Width) by deleting the last
sentence in the existing Section 7.1.2 and replace it with the following:
"This requirement shall apply in all zones except Residence 4 (R4) and Village
Residential (VR); for zone R4, said minimum width of the lot shall be a distance of 80
feet and for zone VR, said minimum width of the lot shall be a distance of 80 feet".
VOTED MAY 15, 2000 YES 112 NO 45
Article 31. Rezone Portion of Route 114.
To see if the Town will vote to amend the Zoning designation of the following parcel as
shown on the below portion of the assessor map and as described in more detail below, from
Village Residential (VR) to Business 4 (B4).
22
"1 e-i_L'A.3
A Portion ofParcel
#2, Map ��---�.'-�' , � ~" 106D,
Parcel 63, j ����� �'` further
described as follows:
The land in North
Andover, - ,� t� \. with all
the buildings — --- v`�� '-� thereon,
bounded and
described as follows:
Beginning at a point along the northern right-of-way line of Route 114 which is a common
point of turn between lands of One Hundred Fourteen Trust and lands of John W. Hagerty;
thence proceeding northerly along a stone wall on said common line N 26 degrees 13
minutes 40 seconds E for a distance of 60.84 feet to a point; thence proceeding northerly
along a stone wall on said common line N 12 degrees 33 minutes 52 seconds W for a
distance of 113.53 feet to a point; thence proceeding northerly along a stone wall on said
common line N 04 degrees 48 minutes 05 seconds E for a distance of 136.62 feet to a point,
thence proceeding easterly N 73 degrees 34 minutes 34 seconds E for a distance of 350.00
feet to a point; thence proceeding easterly S 69 degrees 00 minutes 45 seconds E for a
distance of 633.17 feet to a point on a stone wall along the westerly line of lands now or
formerly of the Houghton estate; thence proceeding southerly along a stone wall on said
common line 02 degrees 59 minutes 14 seconds W for a distance of 300.52 feet to a point of
turn which is along the northerly line of lands now or formerly of Sal Sapienza; thence
proceeding westerly along a stone wall on said common line between lands of One Hundred
Fourteen Trust and lands now or formerly of Sal Sapienza N 65 degrees 10 minutes 05
seconds W for a distance of 455.18 feet to a point of turn; thence proceeding southerly along
a stone wall on said common line S 02 degrees 04 minutes 54 seconds W for a distance of
108.02 feet to a point; thence proceeding southerly along a stone wall on said common line
S 14 degrees 28 minutes 11 seconds E for a distance of 103.81 feet to a point; thence
proceeding southerly along a stone wall on said common line S 17 degrees 21 minutes 23
seconds E for a distance of 56.77 feet to a point; thence proceeding southerly along a stone
wall on said common line S 13 degrees 32 minutes 05 seconds E for a distance of 134.33
feet to a point; thence proceeding southerly along a stone wall on said common line SO4
degrees 58 minutes 14 seconds E for a distance of 57.09 feet to a point; thence proceeding
southwesterly along a stone wall on said common line S 64 degrees 53 minutes 10 seconds
W for a distance of 27.55 feet to a point which lies on the northerly right-of-way of Route
23
114; thence proceeding northwesterly along said Route 114 right-of-way line along a curve
having a radius of 4,840.00 feet for an arc distance of 247.48 feet to a point of curvature;
thence proceeding northwesterly along said right-of-way line N 55 degrees 17 minutes 29
seconds W for a distance of 440.83 feet to the Point of Beginning, said parcel having an area
of 9.29 acres, plus or minus.
Parcel#3, 1980 Turnpike Street, consisting of 6.55 Acres, Map 1061), Parcels 17.1, 17.2 and
17.3, further described as follows:
A certain parcel of land situated in said North Andover, on the Easterly side of the
State Highway, locally known as Turnpike Street, shown on a Plan of Lane entitled "As-
Built Condominium Site Plan, Elm Square Industrial Condominiums in North Andover,
MA." Prepared for Elm Square Builders by DiPrete-Marchionda & Assoc., Inc., Engineers,
scale 1" =40'. Said parcel is bounded and described as follows:
NORTHERLY 26.97 feet by land now or formerly of Trust Construction Corp.
WESTERLY by said land now or formerly of Trust Construction Corp. by a wall 460.55
feet;
NORTHEASTERLY by said land now or formerly of Trust Construction Corp. and Berry
Street Trust by a wall 548.22 feet;
EASTERLY, by land now or formerly of Jean Paul Proulx by a wall 737.85 feet;
SOUTHERLY by land of said Proulx 9.09 feet;
SOUTHWESTERLY by said State Highway, 774.88 feet.
Board of Selectmen
VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR TO ADOPT
ARTICLE 31 AS PRINTED IN THE WARRANT AND WHICH TEXT APPEARS BELOW
WITH THE FOLLOWING AMENDMENT:
PARCEL #2 IS FURTHER DEFINED IN A DEED RECORDED WITH THE ESSEX
NORTH REGISTRY OF DEEDS IN BOOK 4158,PAGE 216; AND,
PARCEL #3 IS FURTHER DEFINED IN A DEED RECORDED WITH THE ESSEX
NORTH REGISTRY OF DEEDS IN BOOK 2259, PAGE 207, AND IS SHOWN ON A PLAN
RECORDED AS PLAN #10376 OF 1986.
VOTED MAY 15, 2000
Article 32. Complete Sewer Installation — Winter Street. To see if the town will
vote to approve the following citizen request:
Completing the Phase of the sewer installation project which will run from
the Pump Station at Bridle Path to the corner of Winter and South Bradford Streets, to
include residential properties located at 187, 197, 207 and 210 Winter Street.
Petition of Frank A. Curro and Others
UNANIMOUSLY VOTED TO "TAKE NO ACTION".
VOTE MAY 15, 2000
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Article 33. Amend Town Code — Prohibit the Use of Gasoline and/or Diesel (Or
Similar Fuel) on Lake Cochichewick. To see if the Town will vote to amend the Code of
North Andover by adding in Part 2, General Legislation, "Chapter 146 — Recreational Uses
on Lake Cochichewick and Its Tributaries", the creation of a Bylaw which reads as follows:
Chapter 146—Recreational Uses on Lake Cochichewick and Its Tributaries
146-1 Prohibitions
All gasoline or diesel powered engines, containers that transport any type of fuel, or
anything that uses such fuels, such as, but not limited to: boats, snowmobiles, ice augers,
generators, stoves or lamps, are prohibited, unless other wise authorized by the Department
of Public works for lake monitoring and/or safety/emergency procedures.
Petition of John P. Thompson and Others
VOTED BY MAJORITY VOTE TO ADOPT ARTICLE 33 AS PRINTED IN THE
WARRANT WITH THE FOLLOWING AMENDMENT PROPOSED BY DOUG ELY 386
GREAT POND ROAD: DELETE "CONTAINERS THAT TRANSPORT ANY TYPE OF
FUEL" AND REPLACE WITH "CONTAINERS THAT TRANSPORT ANY TYPE OF
GASOLINE OR DIESEL FUEL".
THE CODE OF THE TOWN OF NORTH ANDOVER WILL BE AMENDED BY ADDING
PART 2, GENERAL LEGISLATION, CHAPTER 146—RECREATIONAL USES ON LAKE
COCHICHEWICK AND ITS TRIBUTARIES"WILL READ AS FOLLOWS:
Chapter 146—Recreational Uses on Lake Cochichewick and Its Tributaries
146-2 Prohibitions
All gasoline or diesel powered engines, containers that transport any type of gasoline or
diesel fuel, or anything that uses such fuels, such as, but not limited to: boats, snowmobiles,
ice augers, generators, stoves or lamps, are prohibited, unless other wise authorized by the
Department of Public works for lake monitoring and/or safety/emergency procedures.
VOTED MAY 15, 2000
Article 34. Licensing of Automatic Amusement Devices: To see if the Town will vote
to amend the General By-laws of the Town by adding Chapter 70, Automatic Amusement
Devices, Licensing of,by adding the following bylaw:
Chapter 70- Automatic Amusement Devices, Licensing of
In accordance with Massachusetts General Laws, Chapter 140, Section 177A, as amended,
any individual or business desiring to keep and operate an automatic amusement device for
hire, gain or reward shall secure an annual license from the Board of Selectmen. The Board
of Selectmen shall not grant a license for any automatic amusement device which presents a
risk of misuse as a gaming device.
25
Automatic amusement devices that present a risk of misuse as gaming devices are those that
have one or more of the following:
The device involves matching random numbers, patterns or cards.
The device accumulates more than twenty-six (26)plays.
The device is equipped with a"knock off' switch, button or similar device.
The device has a mechanism for adjusting the odds.
The device has a remote control feature that can reset the device from another location.
The device is capable of returning money to the player, other than change for the excess
amount put in.
The device permits a player to pay for more than one game at a time.
Each game on the device shall cost exactly the same amount for each player and no player
may change any aspect of the game by paying a different amount than any other player
before or during the game. There shall be no metering device that accounts for both
money/points in any money/points out.
The maximum number of automatic amusement devices allowed on any single business
premises shall be four (4) except in the case of duly licensed arcades and amusement parks.
Any individual or business desiring more than four (4) automatic amusement devices on a
single business premise shall require a special permit from the Board of Appeals. All
licenses for automatic amusement devices granted by the Board of Selectmen shall be
subject to inspection by the North Andover Police Department to insure conformance with
this amusement device bylaw and the submitted application information. Any unlicensed
automatic amusement device shall be subject to immediate seizure by the North Andover
Police Department; or take any other action thereto.
North Andover Police Department
VOTED BY CLEAR MAJORITY TO ADOPT ARTICLE 33 AS PRINTED IN THE
WARRANT.
VOTED MAY 15, 2001
Article 35. Amend Town Bylaw— Town Meeting Date. To see if the Town will vote
to amend Chapter 59 Section 6 of the Town of North Andover Bylaws by adding the
following to the existing bylaw:
"In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be
held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the
warrant have been acted upon."
Chapter 59-6 will read as follows:
Annual Town Meeting shall be held on the first Monday in May at 7:OOp.m.
26
In accordance with MGL Chapter 39, Section 9, which permits the Board of
Selectmen to postpone by vote, an Annual Town Meeting, any such postponement shall be
held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the
warrant have been acted upon."
Petition of Deborah A. Monte and Others
VOTED BY MAJORITY VOTE TO ADOPT ARTICLE 35 AS PRINTED IN THE
WARRANT.
VOTED MAY 15, 2000
The Annual Town Meeting for the Town of North Andover dissolved on Wednesday June
14, 2000 at 7:40 PM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC,Town Clerk
27