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HomeMy WebLinkAboutAnnual Town Meeting Minutes 05.13.2000 of NO oTy A 9SS4CHl15�� 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 1 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; 2 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. 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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: 11 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 12 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. 13 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. 14 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 15 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 18 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 19 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 21 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 24 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