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Annual Town Meeting Minutes 05.14.2001
t NORTF{ q O �(,.ID /6 6 .. 96 0 O F- 7t► T O T COCN'MN!IC Nl wICN y7. SsACHUS� Town of North Andover Annual Town Meeting May 14, 2001 The Annual Town Meeting for the Town of North Andover convened at 7:15 PM in the North Andover High School Fieldhouse by Town Moderator Charles A. Salisbury. Checklists were used and 434 voters were present to open the meeting. Father John Delaney from St. Michael's Parish gave the invocation. James M. Xenakis, Chairman of the Board of Selectmen, moved to dispense with the reading of the Warrant and the Constable's Return of Service. This Motion duly seconded and approved by Unanimous vote. The meeting adjourned at 10:40 PM to reconvene Tuesday May 15, 2001 at the North Andover High School Fieldhouse. The Meeting reconvened at 7:05 PM with 186 voters present to open the meeting. Article 1. Reports of Receipts, Expenditures and Special Committees. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2000 Annual Town Report and to hear the reports of any special appointed committees. Board of Selectmen UNANIMOUSLY VOTED to adopt Article 1 as printed in the Warrant. Voted May 14, 2001. Article 2. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town; or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED to "TAKE No Action" on Article 2. ANNUAL TOWN MEETING MINUTES May 2001 Page 1 VOTED MAY 149 2001 Article 3. Fiscal Year 2001 Budget Transfers. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2001 voted under Article 13 of the 2000 Annual Town Meeting and amended under Article 2 of the December 11, 2000 Special Town Meeting; or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED the following transfers: To transfer from General Government Personnel to General Government Expenses the sum of$75,290. To transfer from Public Safety Personnel to General Government Expenses the sum of$5,300. To transfer from Public Safety Expenses to General Government Expenses the sum of$25,070. To transfer from Public Works Expenses to General Government Expenses the sum of$26,100. To transfer from Fixed Expenses-Property and Liability Insurance to General Government Expenses the sum of$1,000. To appropriate from supplemental lottery aid to Public Works Expenses the sum of$125,388 for the purpose of reducing the snow and ice deficit. VOTED MAY 1452001 Article 4. Amend Fiscal Year 2001 School Appropriation. To see if the Town will vote to raise and appropriate or appropriate from other sources the sum of $140,000, to be expended under the direction of the School Committee for the purpose of unbudgeted expenditures in the 2000-2001 operating budget. School Committee UNANIMOUSLY VOTED to "Take No Action" on Article 4. VOTED MAY 1452001 Article 5. Amend Vote of Article 14 Section 28 of the 2000 Annual Town Meeting. To see if the Town will vote to amend the vote of Article 14 Section 28 of the ANNUAL TOWN MEETING MINUTES May 2001 Page 2 2000 Annual Town Meeting which now reads "28. Design East Side Sewer Replacement" to read "28. Design and Construction East Side Sewer Replacement" to authorize that the funds appropriated in FY2001 be expended for both the design and the construction of the East Side Sewer Replacement; or to take any other action relative thereto. J. William Hmurciak and Others UNANIMOUSLY VOTED to adopt Article 5 as printed in the Warrant. VOTED MAY 14, 2001 General Fund Appropriation Article Fiscal Year 2002. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002; or take any other action relative thereto. Board of Selectmen GENERAL GOVERNMENT GENERAL GOVERNMENT Revised Town Board of Finance Budget Manager Selectmen Committee FY 2001 Recommen Recommend. Recommen cls s ds 2,243,799 2,387,520 2,387,520 2,387,520 Personnel Services 1,281,110 1,379,559 1,379,559 1,379,559 Expenses 75,000 150,000 150,000 150,000 Finance Committee Reserve - 375,000 375,000 375,000 Salary Reserve ANNUAL TOWN MEETING MINUTES May 2001 page 3 3,599,909 4,292,079 4,292,079 4,292,079 Total General Government PUBLIC WORKS PUBLIC WORKS Revised Town Board of Finance Budget Manager Selectmen Committee FY 2001 Recommend Recommends Recommend s s 1,128,192 1,137,962 1,137,962 1,137,962 Personnel Services 2,201,417 2,440,175 2,440,175 2,440,175 Expenses 3,329,609 3,578,137 3,578,137 3,578,137 Total Public Works PUBLIC SAFETY PUBLIC SAFETY Revised Town Board of Finance Budget' Manager' Selectmen Committee FY2001 Recommends Recommends Recommends' 5,679,896 5,862,389 5,862,389 5,862,389 ANNUAL TOWN MEETING MINUTES May 2001 page 4 Personnel Services 780,638 695,276 695,276 695,276 Expenses 6,466,53 6,557,665 6,5571665 6;557,665 4 Total.Public Safety FIXED EXPENSES FIXED EXPENSES Revised Town Board of Finance Budget Manager Selectmen Committee FY 2001 Recommends Recommen Recommen ds ds Retirement 1,554,81 1,540,717 1,540,717 1,540,717 4 Workers Compensation 151,429 181,000 181,000 181,000 Unemployment Expenses 12,600 13,000 13,000 13,000 Group Insurance 3,207,74 3,516,500 3,516,500 3,516,500 1 Payroll Taxes 249,535 262,012 262,012 262,012 2,992,00 2,691,233 2,691,233 2,691,233 0 Debt Service Principal Interest on Long Term 2,223,13 2,226,224 2,226,224 2,226,224 Debt 9 Interest on Short Term 86,925 250,000 250,000 250,000 Debt Liability Insurance 115,000 146,959 146,959 146,959 Stabilization Fund 127,000 50,000 50,000 50,000 10,720x18 10,877fi45 10,877,6•45 14,877,645 3 Total Fixed Expenses ANNUAL TOWN MEETING MINUTES May 2001 Page 5 EDUCATION EDUCAT1©N Revise Town Board of Finance d Budget Manager Selectmen Committee FY 2001 Recommends Recommen Recommend ds s' North Andover Public Schools Personnel & Expenses 25,444,1 26,936,681 27,046,688 27,046,688 07 Subtotal 25,444,1 26,936,681 27,046,688 27,046,688 07 School Building Committee Personnel 14,500 14,500 14,500 14,500 Expenses 8,441 8,441 8,441 8,441 Subtotal 22,941 22,941 22,941 22,941 Regional Voc./Tech. Schools Essex Reg. Tech School 92,034 94,795 94,795 94,795 Gr. Lawrence Voc. School 90,000 77,380 77,380 77,380 Subtotal 182,034 1729175 172,175 1729175 School Assessments Charter School Assessment - 23,901 23,901 23,901 School Choice - 11,742 11,742 11,742 35,643 35,643 359643 Subtotal 259649,0 27167,440 27;277,447 27,277,447 Total Education 82 VOTED BY CLEAR MAJORITY VOTE to accept the recommendations of the Finance Committee under the column entitled "Finance Committee Recommends" with the following amendments: To decrease the line item "Fixed Expenses - Group Insurance" by $75,000 for a total "Fixed Expenses- Group Insurance" Budget of $3,441,500 and a total Fixed Expense Budget of$10,802,645. ANNUAL TOWN MEETING MINUTES May 2001 Page 6 Add $372,419 to "North Andover Public Schools—Personnel Expenses" for a total North Andover Public Schools-Personnel & Expenses" Budget of $27,419,107 and a total Education budget of$27,649,866. Article 7. Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $2,000 Chairman of Board of Selectmen, per annum, in addition 300 School Committee, per person,per annum 2,000 Chairman, School Committee,per annum, in addition 300 Moderator, For Annual Town Meeting 100 For each Special Town Meeting 50 or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED to adopt Article 7 as printed in the warrant. Voted May 14, 2001 Article 8. Capital Improvement Plan Appropriation for Fiscal Year 2002. To see if the Town will vote to raise and appropriate, transfer from available funds, borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program; or take any other action relative thereto. Board of Selectmen Capital Improvement Budget Fiscal Year 2002 Town Board of Finance Fu Manager Fu Selectmen Fu Committee ANNUAL TOWN MEETING MINUTES May 2001 Page 7 Ad Ad nd Department Project description Co Reeamme Co Recommend Co Recammen de' nds de s de ds PUBLIC 1 Franklin School 4 471,000 4 471,000 4 471,000 SCHOOLS . Heating System 2 HS/Sargent computers 1 26,726 1 26,726 1 26,726 3 Replace/upgrade 1 39,843 1 39,843 1 39,843 . academic servers 4 Replace instructional l 110,007 1 0 1 0 hardware SUBTOTAL 647,576 537,569 537,569 MIS 5 Financial Management 4 125,000 4 125,000 4 125,000 . System FIRE 6 Ambulance 4 120,000 4 120,000 4 120,000 Replacement C-10 Ambulance 7 30,000 7 30,000 7 30,000 Replacement C-10 SUBTOTAL 150,000 150,000 150,000 POLICE 7 Police Station 4 333,671 4 300,000 4 300,000 . Renovation DPW 8 Dump truck 1 28,000 1 28,000 1 28,000 9 Pickup 4x4 1 32,500 1 32,500 1 32,500 1 Tractor(multi-purpose) 4 84,000 4 84,000 4 84,000 0 1 Front end loader 4 121,000 4 121,000 4 121,000 1 1 Sidewalk 1 94,400 1 94,400 1 94,400 2 construct/repair SUBTOTAL 359,900 359,900 359,900 TOTAL GENERAL Vt NT 1,6 6,147 1,472;469 1,472,469 ANNUAL TOWN MEETING MINUTES May 2001 Page 8 Town Board of Finance Fu Manager Fu Selectmen Fu Committee Ad nd Ad Department Project description Co Recomme Co ' Recommend C6 Recommen de nds de s de' ds SEWER ENTERPRISE 1 Sewer system 6 100,000 6 100,000 6 100,000 3 Improvements 1 East side interceptor 6 1,700,000 6 1,700,000 6 1,700,000 4 1 Sewer system 6 883,700 6 883,700 6 883,700 5 Extension in Watershed Phase IVA TOTAL SEWER FUND 2,683,70 2,6431700 2,683,700 0 WATER ENTERPRISE SE I Bradford Street 5 190,000 5 190,000 5 190,000 6 Standpipe 1 Upgrade water 5 204,000 5 204,000 5 204,000 7 treatment plant process . controls 1 Meter replacement 5 325,000 5 325,000 5 325,000 8 program TOTAL WATER 719,000 719,000 719,000 ' FUND Code—Funding Sources for Recommended Items• 1 Raise and Appropriate- 331,476 221,469 221,469 General 2 Raise and Appropriate— 0 0 0 Water 3 Raise and Appropriate— 0 0 0 Sewer 4 Bonds/Notes-General 1,254,671 1,221,000 1,221,000 5 Bonds/Notes-Water 719,000 719,000 719,000 6 Bonds/Notes- Sewer 2,683,700 2,683,700 2,683,700 ANNUAL TOWN MEETING MINUTES May 2001 page 9 17 Other Available Funds 30,000 30,000 30,000 Planning Board Recommendation: Favorable Action Line Items 12,13, 14, and 15 Line Item 12 Favorable Line Item 13 Favorable Line Item 14 Favorable Line Item 15 Favorable UNANIMOUSLY VOTED that the Town appropriate $4,875,169 to fund the items listed under the column "Finance Committee Recommends", and to meet the appropriation for items 2,3,8,9 and 12 the sum of$221,469 shall be raised and to fund items, 1, 5, 7,10,11,13,14,15,16,17,and 18, and partially fund item 6, the Treasurer, with the approval of the Board of Selectmen to borrow $4,623,700 under Chapter 44 of the Massachusetts General laws and further to fully fund item 6, $30,000 be transferred from the "ambulance replacement" reserve for appropriation account. VOTED MAY 1412001 Article 9. Water Enterprise Fund Appropriation for Fiscal Year 2002. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2001 and ending June 30, 2002; or take any other action relative thereto. Board of Selectmen WATER ENTERPRISE Revised Town Finance Actual Budget Manager Committee FY 2000 FY2001 Recommends Recommends 521,379 541,241 607,122 607,122 Personnel Expenses 526,404 666,975 846,025 846,025 Capital 159,456 390,500 0 0 Reserve Fund 0 0 0 0 Debt Service 2,013,747 2,027,204 1,979,598 1,979,598 3,220,986 3,625,920 3,432,745 3,432,745 ANNUAL TOWN MEETING MINUTES May 2001 Page 10 Subtotal Direct Expenditures 265,485 368,688 370,000 370,000 Admin./Indirect Total Water Enterprise 3,486,471 3, 94,605 37802,745 1,802,745 And that$3,802,745 be appropriated from Water receipts UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "Finance Committee Recommends" to operate the water fund and further that$3,432,745 be raised from the water receipts and that $370,000 be raised from water receipts and appropriated in the general fund. VOTED MAY 14, 2001 Article 10. Sewer Enterprise Fund Appropriation for Fiscal Year 2002. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2001, and ending June 30, 2002; or take any other action relative thereto. Board of Selectmen SEWER ENTERPRISE .Revised Town, Finance Actual Budget Manager Committee FY 2000 FY Recommen Recommends 2001 ds Personnel 151,246 193,315 194,271 194,271 Expenses 146,284 174,800 240,600 240,600 GLSD Assessment 923,888 1,070,22 1,123,731 1,123,731 0 Capital 49,562 165,000 0 0 Reserve Fund 0 0 0 0 Debt Service 525,008 1,165,00 820,109 820,109 0 Subtotal Direct Expenditures 1,795,988 2,768,33 2,378,711 2,378,711 5 ANNUAL TOWN MEETING MINUTES May 2001 Page 11 Admin./indirect 168,624 148,163 150,000 150,000 Total Sewer Enterprise 1,964,612 2,916,49 2,528,'711 2,528,711 8 And that 52,528,711 be appropriated from Sewer receipts UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "Finance Committee Recommends" to operate the sewer fund and further that $2,378,711 be raised from the sewer receipts and that $150,000 be raised from sewer receipts and appropriated in the general fund. Article 11. Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2002. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2001 and ending June 30, 2002; or take any other action relative thereto. Board of Selectmen ANNUAL TOWN MEETING MINUTES May 2001 Page 12 And that$737,195 be appropriated from Stevens Estate Receipts. And that$290,357 be appropriated from Stevens Estate Enterprise available fund balance UNANIMOUSLY VOTED that the Town appropriate the total listed under the column "Finance Committee Recommends" to operate the Stevens Estate at Osgood Hill fund and further that$683,195 be raised from user fees, $290,357 be transferred from Stevens Estate at Osgood Hill retained earnings, and $54,000 be raised from user fees and appropriated in the general fund. Article 12. Reauthorization of Revolving Fund—Board of Health. To see if the Town will vote to authorize the use of a revolving fund for Fiscal Year 2002 pursuant to Chapter 44, Section 53E '/z 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 of truck routes, further that payments made to the Town by Massachusetts Refusetech, Inc. and the Greater Lawrence Sanitary District under 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 expenditure shall not exceed $75,000; or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED to adopt Article 12 as printed in the warrant. VOTED MAY 4412001 Article 13. Phase II Storm Water Regulations. To see if the town will vote to raise and appropriate a sum of money for the purpose of providing preliminary planning and engineering in development of a Storm Water Management Program to comply with the Environmental Protection Agency's Phase II Storm Water Regulations; or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED that the Town raise and appropriate $25,000 for the purpose of providing preliminary planning and engineering in development of a Storm Water Management Program to comply with the Environmental Protection Agency's Phase II Storm Water Regulations. VOTED MAY 149 2001 ANNUAL TOWN MEETING MINUTES May 2001 Page 13 Article 14. Expenses Relating to the Acceptance of Private Ways. To see if the Town will vote to raise and appropriate a sum of money for the purpose of providing the legal work and engineering necessary to layout and accept certain private ways which have been upgraded to acceptable width, grade and construction because of recent utility construction; or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED that the Town vote to raise and appropriate $36,150 for the purpose of providing the legal work and engineering necessary to layout and accept certain private ways which have been upgraded to acceptable width, grade and construction because of recent utility construction. VOTED MAY 14, 2001 Article 15. Mesiti Settlement. To see if the Town will vote to appropriate a sum or sums of money for the purpose of settling lawsuits brought against the Town and its employees by Mesiti Development Corp. and others in the Federal District Court of Massachusetts and Essex Superior Court relating to construction of a sewer line in the area of Route 114; to determine whether this appropriation shall be raised by borrowing, taxation or from available funds; to authorize the Town Manager, with the approval of the Board of Selectmen to expend such appropriation and to take all other actions necessary to carry out a settlement including, but not limited to, if necessary establishing a sewer betterment district and granting a waiver of fees, and returning fees regularly paid; and to instruct the Town's Representatives to the General Court to file a Home Rule Petition to authorize the Town to carry out the terms of the settlement; or take any other action relative thereto. Board of Selectmen VOTED that the Town vote to authorize and approve a settlement of lawsuits brought against the Town and its employees by Mesiti Development Corp. and others in the Federal District Court of Massachusetts and Essex County Superior Court relating to construction of a sewer line in the area of Route 114 with payment by the Town of $56,000 per year with no interest over 10 years to be paid from the sewer rates and also from additional connection fees to be assessed by the Board of Selectmen to landowners who connect to said sewer line, and also with payment to Mesiti Development Corporation of $176,000 from the Inflow and Ingress account; and to authorize the acceptance of title and ownership of said sewer line and three associated pumping stations which have been constructed; and to authorize the Town Manager, with the approval of the Board of Selectmen to expend such funds and to take all other actions and to sign agreements necessary to carry out the settlement; and to instruct the Town's ANNUAL TOWN MEETING MINUTES May 2001 Page 14 Representatives to the General Court to file a Home rule petition , if necessary, to authorize the Town to carry out the terms of the settlement. YES 252 NO 96 VOTED MAY 149 2001 Article 16. Reducing the Beaver Population. To see if the Town will vote to raise and appropriate the sum of$4,000 to be expended under the direction of the Division of Public Works for the purpose of reducing the beaver population. David C. Rand and Others UNANIMOUS VOTE that Town Meeting request the Board of Selectmen direct the Town Manager to establish a special committee of town officials and residents who will study, investigate and formulate recommendations on mitigating the property damage caused by activities of beavers with the results to be presented in a report at the next Annual Town Meeting. And further request that the Board of Selectmen direct the Town Manager to take all appropriate actions to immediately begin implementation of mitigation measures through the Division of Public Works using any funding that may be identified within Public Works, Conservation, or any other municipal account. VOTED MAY 14, 2001 Article 17. Stop Sign Appropriation — Massachusetts Avenue and Osgood Street. To see if the Town will vote to appropriate town funds in the amount of approximately $1,000 or less to erect stop signs and place crosswalk markers on Massachusetts Avenue at the intersection of Osgood Street, making the intersection a four-way stop. Glen Macon and Others VOTED BY MAJORITY VOTE TO DEFEAT ARTICLE 17. VOTED MAY 149 2001 Article 18. Amend Town Code — Add Chapter 177 - Water Use Restriction Bylaw, To see if the Town will vote to amend the Code of the Town of North Andover by adding a new Chapter 177 to be known as "WATER" and add Article I— "Water Use Restriction" which will become the Town of North Andover Water Use Restriction Bylaw to read as follows: ANNUAL TOWN MEETING MINUTES May 2001 Page 15 WATER USE RESTRICTION BYLAW TOWN OF NORTH ANDOVER 177-1. Authority This Bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seg. and implements the Town's authority to regulate water use pursuant to Massachusetts General Law Chapter 41, Section 69B. This bylaw also implements the Town's authority under Massachusetts General Laws Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection. 177-2. Purpose The purpose of this bylaw is to protect, preserve and maintain public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection. 177-3. Definitions Person - Shall mean any individual, corporation, trust, partnership or association, or other entity. Public Water Supply - Shall mean the North Andover Municipal Water Supply System withdrawing water from Lake Cochichewick. State of Water Supply Emergency - Shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under Massachusetts General Laws Chapter 21G, Sections 15-17. State of Water Supply Conservation - Shall mean a State of Water Supply Conservation declared by the Town pursuant to Section 177-4 of this bylaw. Water Users or Water Consumers - Shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility/location. Director - Shall mean the Director of the Division of Public Works for the Town of North Andover. 177-4. Declaration of State of Water Supply Conservation ANNUAL TOWN MEETING MINUTES May 2001 Page 16 The Town, through the Board of Selectman, may declare a State of Water Supply Conservation within the Town's Public Water System upon a detennination by the Director that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a State of Water Supply Conservation shall be given under Section 177.6 of this bylaw before it may be enforced. 177-5. Restricted Water Uses A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public water supply. The applicable restrictions, conditions or requirements shall be included in the Public Notice required under Section 177.6. 1. Outdoor Water Use Hours — Outdoor water use by water users is permitted only during daily periods of low demand, at night or early morning. 2. Odd/ Even Day Outdoor Water Use— Outdoor water use by water users with odd numbered addresses is restricted to odd numbered days. Outdoor water use by water users with even numbered addresses is restricted to even number days. 3. Outdoor Water Use Ban — Outdoor water use by water users is prohibited. 177-6. Public Notification of State of Water Supply Conservation Notification of DEP Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of town water of the State of Water Supply Conservation. Any restriction imposed under Section 177.5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection. 177-7. Termination of State of Water Supply Conservation: Notice A State of Water Supply Conservation may be terminated by a majority vote of the Board of Selectmen upon a determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by Section 177.6. 177-8. State of Water Supply Emergency: Compliance with DEP Orders ANNUAL TOWN MEETING MINUTES May 2001 Page 17 Upon notification to the public that the Department of Environmental Protection has issued a State of Water Supply Emergency, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the State of Water Supply Emergency. 177-9. Violation and Penalties Any person violating this bylaw shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50.00 for the second violation, and $100 for each subsequent violation, which shall inure to the Town for such uses as the Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-criminal disposition, the enforcing person(s) shall be any police officer of the Town of North Andover. Each day of violation shall constitute a separate offense. 177-10. Severability The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof. Or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED to adopt article 18 as printed in the warrant. VOTED MAY 15, 2001 Article 19. Automatic Lawn Irrigation Bylaw. To see if the Town will vote to amend the Code of North Andover by adding to Chapter 177 "WATER "— ARTICLE II — Sections 177.11 to 177.15 to be known as the Town of North Andover Automatic Lawn Irrigation System Bylaw to read as follows: CHAPTER 177—WATER—ARTICLE II AUTOMATIC LAWN IRRIGATION SYSTEM BYLAW 177-11. Registration ANNUAL TOWN MEETING MINUTES May 2001 Page 18 All automatic lawn irrigation systems connected to the municipal water system of the Town of North Andover shall be registered with the Division of Public Works (DPW). A fee may be charged for this registration. The Board of Selectmen shall set registration fees. 177-12. Backflow Prevention The Town of North Andover shall be protected from a backflow condition from all automatic lawn irrigation systems connected to the municipal water system by the installation of a backflow prevention device approved by the Division of Public Works. Each backflow prevention device shall be registered with the Division of Public Works. All new or existing residential, municipal, commercial and industrial property owners are required to install or have in place, a backflow prevention device on their automatic lawn irrigation system. The installation shall be in compliance with 310 CMR 22.22. These devices must be installed on the discharge side of the water meter, preferably indoors, but can be located outside provided they can easily be removed to protect them from damage by freezing. Reduced Pressure Zone and Pressure Vacuum Breaker type devices shall be tested upon initial installation and thereafter in accordance with 310 CMR 22.22 177-13. Rain Sensors Installation of new automatic lawn irrigation systems connected to the municipal water supply in the Town of North Andover shall be equipped with a rain sensor approved by the Division of Public Works so that watering will be automatically prevented during or after a rain storm. Any upgrade or repair of an existing automatic lawn irrigation system shall include the installation of an approved rain sensor if the same is not already installed and in good working condition. The Division of Public Works shall maintain a list, available to the Public, of approved rain sensors. 177-14. Violations and Penalties Any person violating this bylaw shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50.00 for the second violation, and $100 for each subsequent violation, which shall inure to the Town for such uses as the Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the provisions of the Massachusetts General Laws. For purposes of non-criminal disposition, the enforcing person(s) shall be any police officer of the Town. Each day of violation shall constitute a separate offense. ANNUAL TOWN MEETING MINUTES May 2001 Page 19 177-15. Severability The invalidity of any portion or provision of the Bylaw shall not invalidate any other portion or provision thereof. Or take any other action relative thereto. Board of Selectmen UNANIMOUSLY VOTED to adopt Article 20 as printed in the Warrant. VOTED MAY 15, 2001 Article 20. Amend Town Code — Chapter 170 — Underground Utilities Bylaw Amendments. To see if the Town will vote to amend Chapter 170- Underground Utilities Bylaw as follows: 1. Add the following Definitions to Section I of Chapter 170 of Code of the Town of North Andover: Alternative Coordination Plan - A plan to coordinate the implementation of the utility specific plans required by this underground bylaw. In the event that the utilities and the Town are not able to reach agreement on any aspects of a negotiated project coordination plan, the Town will use reasonable discretion to establish an alternative coordination plan. The objective of this alternative coordination plan will be to use a single qualified general contractor to perform the excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground bylaw, as well as a proposed formula for apportioning the cost of that qualified general contractor. This alternative project coordination plan will assume that each utility will directly install and energize its own cable and wire in the conduits and manholes constructed by the qualified general contractor. In establishing such alternative coordination plan, the Town shall be guided by the objective of achieving efficient coordination among the utilities, a cost effective underground project, with the minimum disruption of the public way. Company Specifications - Detailed specifications provided by the each utility regarding the number and size of duct banks, the type and quantity of cable or wire, and the number and precise specifications of manholes and hand holes, the description of and quantification of the equipment necessary to construct and install customer's service facilities, and all other specifications regarding all other facilities necessary to replace ANNUAL TOWN MEETING MINUTES May 2001 Page 20 overhead service in the area of the community covered by this bylaw, with underground service, all prepared in sufficient detail to be included in a request for bid for a qualified general contractor. Cost Per Linear Foot - When reporting the cost of demolition or construction per linear foot, the cost should be reported per linear foot of the overhead or underground system. For example the 1,000 feet of overhead or underground facilities that are located on 1,000 feet of one side of a public way would be reported as 1,000 feet of overhead facilities or underground facilities removed or constructed. If a particular utility has two lines or two conduits on a given set of poles or in a given duct bank, and therefore 2,000 feet of overhead wire or underground wire in this 1,000 foot span of the public way, the cost per linear foot must be reported using the 1,000 feet of the public way as the denominator, and must not be reported using the 2,000 feet of wire as the denominator. Customer's Service Facilities - The facilities required to connect a customer's building or structure to the underground service mandated by this bylaw, which customer's service facilities are more specifically defined in Section 22I of Chapter 166 of the Massachusetts General Laws; Direct Cost of Demolition and Construction - The direct cost of construction labor, construction materials, and construction equipment used to implement the demolition and construction mandated by this bylaw. This shall include the direct cost of construction labor, construction materials, and construction equipment used to install the customer's service facilities defined by Section 22I of Massachusetts General Laws Chapter 166. Direct costs of demolition and construction shall also include the following costs: (A) the direct cost of completing an "Existing Conditions Plan", to the extent such cost is incurred at the request of the Town in order to expedite the schedule for the underground project, or incurred directly by the Town in order to expedite said schedule, and then reimbursed by the utility; (B) interest on any amounts spent for such direct costs in excess of the two (2%) annual expenditure required by Section 5A of this bylaw, to the extent such excess expenditure is directly associated with in an effort expedite the actual construction schedule at the request of the Town. (C) The direct cost of any communication ducts installed at the request of the Town, which communication ducts are to be reserved municipal use. Petition - The petition, timely filed, that is required by section 22D of Massachusetts General Laws Chapter 166, and Section 5B clause (1) of this bylaw, relating to the permission to install underground facilities mandated by this by-law. Such petition shall request permission for the shared use of common duct banks and common trenches by and among other utilities and the Town, or include a justification explaining why such shared use of common duct banks and common trenches is not possible. Plan for Continuation of its Services, for their Replacement with Underground Facilities - The plan, timely filed, that is required by section 22D of G.L. Chapter 166, and Section 5B clause (2) of this bylaw, relating to the removal of that particular utility's overhead wires and associated overhead equipment and the construction of a particular ANNUAL TOWN MEETING MINUTES May 2001 Page 21 utility's underground equipment to provide service to consumers in the geographic area covered by this by-law. This utility specific plan that meets the requirements of this bylaw must include at a minimum the following required components: 1) The company's specifications for the underground project; 2) An estimate of the total direct cost of demolition and construction of the project which includes the cost of installing customer's service facilities; 3) An estimate of the total salvage value of the overhead property to be removed; 4) A statement of the total company revenues received in the community in the preceding calendar year, and an estimate of the total company revenues to be received in the community in the current year; 5) An estimate of the total duration of the demolition and construction project assuming that the company allocates and expends 2% of such annual revenues (plus the reasonable salvage value of the removed overhead equipment) to the direct cost of demolition and construction of that company's project; 6) A proposed coordination plan that describes a plan for utilizing a single qualified general contractor to perform the excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground by-law, as well as a proposed formula for apportioning the cost of that qualified general contractor among the various users of the underground facilities constructed; 7) A statement that the utility will participate in good faith in a negotiation conducted by the Town, that includes all of the utilities covered by this bylaw, in which the Town attempts to develop a negotiated coordination plan that is acceptable to each utility and to the Town; 8) A statement that the company's plan will be implemented in a fashion that complies with any alternative coordination plan that may be established by the Town; Such plan must be filed no later December 31 of the calendar year prior to the calendar year in which the first expenditures for the direct cost of demolition and construction are required to made. Negotiated Project Coordination Plan - The Town will review the coordination plans that are included in the cable company plan, electric company plan, and telephone company plan filed with the Board of Selectmen pursuant to this by law. The Town will host a project coordination meeting to be attended by representatives of the Town and each of said utilities, and use reasonable efforts to negotiate project coordination plan that is acceptable to each of said utilities and the Town. The objective of this negotiated coordination plan will be to use a single qualified general contractor to perform the ANNUAL TOWN MEETING MINUTES May 2001 Page 22 excavation and civil work necessary for the installation of all of the underground facilities, including cable facilities, electric facilities, telephone facilities, and municipal facilities, contemplated by this underground by-law, as well as a proposed formula for apportioning the cost of that qualified general contractor. This negotiated project coordination plan will assume that each utility will directly install and energize its own cable and wire in the conduits and manholes constructed by the qualified general contractor. In negotiating such coordination plan, the Town shall be guided by the objective of achieving efficient coordination among the utilities, a cost effective project, with the minimum disruption of the public way. Qualified General Contractor - A contractor with extensive experience in designing and constructing underground utilities in Massachusetts, as evidenced by letters of recommendation from Massachusetts utilities that have contracted for the services of such qualified general contractor in the past. Statement — Annual statement, timely filed, that is required by section 22D of Chapter 166 of the Massachusetts General Laws, and Section 5B clause 4 of this bylaw. This annual statement must, at a minimum, include the following information regarding the removal of overhead facilities and construction of replacement underground facilities, completed by said utility in the prior calendar year: 1. a) Linear feet of overhead facilities removed; b) Street names on which such removal occurred; c) Direct cost of demolition associated with such removal for the calendar year in question; d) Direct cost of demolition associated with such removal per linear foot of overhead facilities removed; 2. a) Linear feet of underground facilities constructed; b) Street names on which underground construction occurred; c) Direct cost of construction for the calendar year in question; d) Direct cost of construction per linear foot of such construction completed; 3. a) Number of customer service facilities completed; b) Street names on which customer service facilities occurred; c) Direct cost of construction associated with customer service facilities constructed for the calendar year in question; d) Direct cost of construction per customer service facility constructed. 4. a) The dollar amount of the direct cost of demolition and construction spent in any year prior to the preceding calendar year, which amount was in excess of the 2% of the standard defined in section 22D of Chapter 166 of the General Laws, and which excess amount the utility is allocating as a credit to reduce the dollar expenditures required by this by-law for the direct cost of demolition and construction in the calendar year that is the focus of this financial report; ANNUAL TOWN MEETING MINUTES May 2001 Page 23 5. a) Gross Revenues derived from that utility's customers in North Andover in the calendar year preceding the expenditures reported in items 1, 2, and 3 above; b) Representation that the amounts spent by such utility for the direct cost of demolition and construction, as itemized above, in items 1, 2, and 3 plus any credit as described in item 4, equals or exceeds 2% of the gross revenue reported in 5a) above. 2) Add the following paragraph to the end of Section 5A of Chapter 170 of the Code of the Town of North Andover: In preparation for making the minimum expenditures required by Section 5A, each utility covered by this bylaw, shall, file with the Board of Selectmen the petition as required by Section 22 of Chapter 166 of the Massachusetts General Laws, and by Section 513, clause (1) of this bylaw, and also file the plan as required by Section 22D of Chapter 166 of the Massachusetts General Laws, and by Section 5B clause (2) of this bylaw. In order to enable the Town to monitor compliance with this bylaw, each utility covered by this bylaw shall file the statement with the Board of Selectmen, that is required by Section 22D of Chapter 166 of the Massachusetts General Laws, and Section 513, clause (4) of this bylaw. Any petition, plan, or statement filed by a utility pursuant to this bylaw must meet the minimum content requirements and timely filing requirements defined in this bylaw. 3) Add the following Two Sections to Chapter 170 of the Code of the Town of North Andover: Section 6. Installation of Customer's Service Facilities Any utility providing underground replacement facilities pursuant to this bylaw, shall also install customer's service facilities as defined by Section 22I of chapter 166 of the General Laws. Such installation of customer's service facilities shall be incorporated into the plan filed with board of selectmen pursuant to Section 5B clause (2) of this bylaw, and the cost associated with such installation of customer's service facilities shall be included in the report of direct cost of demolition and construction reported to the board of selectmen pursuant to Section 5B clause (4) of this bylaw. It is the intent of this Section that the cost of the installation of customer service facilities shall be reimbursed to the utility through the 2% surcharge contemplated by section 22D of Chapter 166 of the General Laws. Section 7. Severability ANNUAL TOWN MEETING MINUTES May 2001 Page 24 If any provision of this bylaw is determined to be invalid, such determination shall not affect the validity of the other provisions of this bylaw, which other provisions shall remain in full force and effect. Or take any other action relative thereto. Board of Selectmen VOTED BY CLEAR MAJORITY to adopt Article 20 as printed in the Warrant with the following amendment: Add new Section (4) "Amend the first sentence of Section 5A of Chapter 170 by deleting the phrase "in the Town" and replacing with the words "along or across any public way within the parts of the Town listed in Section 3". VOTED MAY 15, 2001 Article 21. Amend Town Code— Chapter 170 - Underl4round Utilities Bylaw. To see if the Town will vote to amend the Town Code, Chapter 170 — Underground Utilities Bylaw by inserting a new subsection to Section 3 to read: D) Old Common: along Osgood Street from Bay State Road to the intersection of Andover Street. Along Andover Street from Academy Road to the intersection with Chestnut Street, along Massachusetts Avenue from 200 feet northwest of the intersection with Osgood Street through the Old Center to Salem Street and Johnson Street to Milk Street and along Great Pond Road from Academy Road 200 feet to the east toward Stevens Street. Michael Lenihan and Others VOTED BY CLEAR MAJORITY to adopt Article 21 as printed in the Warrant. VOTED MAY 15, 2001 Article 22. Amend Town Code — Chapter 115 — Trash Collection — Andrew Circle. To see if the Town will vote to amend Chapter 115 of the Code of the Town of North Andover, Section 1, Paragraph A, section (3) by adding the following at the end of this section: " Not withstanding the forgoing, the Town will provide customary residential trash pick up for the owner occupied Town House Homes of Andrew Circle. Townhouse Homes is a non-profit organization of 8 residential units per building (3 buildings total)."; and further to appropriate $4,000 to accomplish this process. Or take any other action relative thereto. Denise Desmond and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 25 VOTED BY MAJORITY VOTE to adopt Article 22 as printed in the Warrant. VOTED MAY 15, 2001 Article 23. Amend Town Code — Chapter 115 Trash Collection — Meadowview Condominiums. To see if the Town will vote to amend Chapter 115 of the Code of the Town of North Andover, Section 1, Paragraph A, Section (3) by adding the following at the end of this section: "Not withstanding the forgoing, the Town will provide customary residential trash pick up for the properties at Walker Road (Meadowview Condominiums)"; or take any other action relative thereto. Darlene Wallis and Others VOTED BY MAJORITY VOTE to defeat Article 23. VOTED MAY 15, 2001 Article 24. Amend Zoning Map — Rezone Assessors Map 28, Parcel 19 - Sutton and North Main Street — Residential 4 (114) to General Business (GB). To see if the Town will vote to amend the Town of North Andover Zoning Map by rezoning the following parcel of land from Residential-4 (R-4) to General Business (GB). Said land is located on the corner of Sutton Street and North Main Street, consisting of approximately 0.36 acres and is shown on Assessors Maps as Map 28, Parcel 19. Alison Lescarbeau and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 26 b w o, fo r w, '4 rF r 4 If i UNANIMOUS VOTE to "refer back to the Planning Board for further study. Article 25. Amend Vote on Article 7 — Special Town Meeting December 11, 2000 - Thrift Shop Funding. To see if the Town will vote to amend Article 7: Authorization to Appropriate Insurance Proceeds approved at the December 11, 2000 Special Town Meeting by adding the phrase "or acquisition of real property" between the words "three years" and"in order", to read as follows: `That the Town appropriate from "Receipts Reserved for Appropriation: Insurance Proceeds, Fire Damage Reimbursement", an amount not to exceed $235,346, for the purpose of allocating funds to provide sufficient space for the North Andover Thrift Shop at a site to be determined by the Selectmen in accordance with the vote of Article 22 of the May 12, 1997 Town Meeting and further provided that if necessary the Selectmen are also authorized to enter into contracts and expend funds, for the design, construction, reconstruction and lease of three years or acquisition of real property in order to provide for said store at site to be determined by the Selectmen.' Board of Selectmen UNANIMOUSLY VOTED to Adopt Article 25 as printed in the warrant. VOTED MAY 15, 2001 Article 26. Amend Zoning Bylaw — Section 7.1.2 Lot Width. To see if the Town will vote to amend Section 7.1.2, Lot Width, to delete (in the first sentence) "For any lot created after May 1, 1995, and change the word "the" to "The" of this section of the Town of North Andover Zoning Bylaw. Alison Lescarbeau and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 27 UNANIMOUS VOTE TO "Refer Back to the Planning Board for further study" VOTED MAY 15, 2001 Article 27. Amend Zoninj4 Bylaw — Section 8.8 — Adult Use Zone. To see if the Town will vote to amend Section 8.8 Adult Use Zone subsection 2 — Separation Distances as follows: Amend item a) from the current language: "within five hundred (500') feet of any Residential Zoning Districts or within five hundred (500') feet of any church, school, park, playfield, or other location where large numbers of minors regularly congregate." Shall be amended to now read: " within five hundred (500') feet of the property line of any church, school, park, playfield, or other location where large numbers of minors would congregate." Amend item b) from the current language "within five hundred feet (500') of any other adult use as defined herein." Shall be amended to now read: "within one-thousand feet (1000') of the property line on which any other adult use as defined herein either resides or has been approved for adult uses." John R. Leeman, Jr. and Others VOTED TO ADOPT ARTICLE 27 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT: Add "residential Zoning Districts in front of church" and further to delete item b. YES 70 NO 58 rticle 28. Amend Zoning Bylaw— Section 4.2 Phased Development. To see if the Town will vote to amend the North Andover Zoning Bylaw Section 4.2, Phased Development Bylaw by deleting it in its entirety. Alison Lescarbeau and Others UNANIMOUS VOTE TO TAKE NO ACTION. VOTED MAY 15, 2001 Article 29. Amend Zoning Bylaw — Section 8.7 Growth Management. To see if the Town will vote to amend Section 8.7 of the Town of North Andover Zoning Bylaw, Growth Management Bylaw to extend the expiration date from July 1, 2001 to July 1, 2002 to read as follows: ANNUAL TOWN MEETING MINUTES May 2001 Page 28 C) The provisions of this Section 8.7 shall expire on July 1, 2002; however by a vote of Town Meeting before said date, the provisions of this Section 8.7 may be extended for an additional four years in order to continue municipal comprehensive planning studies necessary to promote orderly growth. In the event such action is taken by Town Meeting prior to July 1, 2002 these provisions shall not be construed to have lapsed on such date. Alison Lescarbeau and Others UNANIMOUS VOTE to adopt Article 29 as printed in the Warrant. VOTED MAY 15, 2001 Article 30. Adopt Section 8.10 - Lot/Slope Requirements. To see if the Town will vote to amend the North Andover Zoning Bylaw by adopting Section 8.10 - Lot/Slope Requirements, to read as follows: 8.10—Lot/Slope Requirements "1. Lot/Slope Requirements: In the residential zoning districts the following provisions of this Section 8.10 shall apply: a. Purpose: The purpose of this bylaw is to preserve and enhance the landscape by encouraging the maximum retention of natural topographic features, such as drainage swales, streams, slopes, ridge lines, rock outcroppings, vistas, natural plant formations and trees; to minimize water runoff and soil-erosion problems incurred in grading of steep slopes; to encourage innovative architectural, landscaping, circulation and site design. For the purposes of this subsection, the term "natural" shall be defined as the condition of the ground surface as it exists at the time a subdivision or development is proposed including any man-made alterations such as grading, excavation or filling which may have occurred prior to the time such subdivision or development is submitted. No land intended for subdivision or development may be regraded or filled in such manner as to circumvent this bylaw. b. Provisions: The provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan submitted in accordance with M.G.L. Chapter 41 in order to obtain the protections afforded by M.G.L. Chapter 40A, Section 6. In addition, the provisions of this Subsection 8.10 shall not apply to building lots in a definitive subdivision plan approved prior to the enactment of this Subsection 8.10. The provisions of this Subsection 8.10 shall not apply to building lots on a plan subject to M.G.L. Chapter 41, Section 81P approved prior to the first date of publication of notice of this bylaw. ANNUAL TOWN MEETING MINUTES May 2001 Page 29 C. Defining the Slope: The slope of land at any point, stated as a percentage, shall be defined as the change in elevation over a horizontal distance measured perpendicular to the contours divided by the distance over which the change occurs multiplied by 100. The slope of land at any point, may be stated as a ratio (2:1, 3:1, 4:1, etc.). The first number of the ratio indicates the horizontal distance and the second number indicates the vertical rise. d. Undisturbed Slopes: All natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or on a building lot are protected and shall remain undisturbed. e. Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 25% (4:1) over a horizontal distance of 40 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. f. The Planning Board may grant a special permit from the provisions of this Section if, in the Board's opinion, the proposal satisfies the purposes of Subsection 8.10.1.a above. A special permit may be considered if accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a geotechnical engineer. Alison Lescarbeau and Others UNANIMOUS VOTE to adopt Article 30 as printed in the warrant with the following amendment: Amend 8.10 — Lot/ Slope Requirements Section e — Slope Exclusion for Minimum Lot Area Calculation: Replace "exceeding 25% (4:1) over a horizontal distance of 40 feet"with "exceeding 33% (3:1) over a horizontal distance of 30 (thirty) feet". Section e. to read: Slope Exclusion for Minimum Lot Area Calculation: All areas with natural slopes exceeding 33% (3:1) over a horizontal distance of 30 feet as measured perpendicular to the contour on a tract or parcel of land intended or proposed for ANNUAL TOWN MEETING MINUTES May 2001 Page 30 subdivision or development, or on a lot intended for building purposes, shall be excluded from the calculation of the minimum lot area required for the applicable zoning district. Delete Section f. in its entirety and replace with: L The Planning Board may grant a special permit for exemption from the provisions of this Section if, in the Board's opinion, the proposal satisfies the purposes of Subsection 8.10.1.a above. In cases where the proposal includes disturbing or creating slopes exceeding 33%, the request for special permit must be accompanied by: i) A geotechnical report prepared by a registered professional civil engineer in the Commonwealth of Massachusetts that recommends methods for slope stabilization. ii) A commitment from the applicant to fund construction inspection services of a geotechnical engineer. VOTED MAY 15, 2001 Article 31. Amend Zoning Map - Saville Street and Turnpike Street— Business 1 (B1) to General Business (GB). To see if the Town will vote to amend the North Andover Zoning Map, As shown on Assessors Map 98D, Parcels 007 & 006, from Business 1 to General Business, more specifically on the corner of Saville Street and Turnpike Street containing 22,588 sq. ft and 19,610 sq. ft. Alexander J. McGregor and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 31 '�rcrcflm ur� �X I do" LIJ LWT �I�IL'IILm Iw �i uJWP 'M1 �Wm i .m �.Irluul UNANIMOUS VOTE to refer this article to the Planning Board for further study. VOTED MAY 15, 2001 Article 32. Amend Zoning Map — 246 Turnpike Street— From Residential 4 (R4) to Business 1 (B1). To see if the town will vote to amend the Zoning map by rezoning the property located at 246 Turnpike Street from Residential 4 (R4) to Business 1 (Bl) District. Such a change in zoning would represent the zoning across the street at the busy intersection of Rt. 114 & 125. The property is further described as lots 1, 2 & 8 containing 12,200 sq. ft. on Plan#88 as recorded at the North Essex Registry of Deeds. John J. Markey and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 32 AM1'N'�u wu wy� r� k, �h Turnpike a, Street WN 014, Property A4ap 24 Parcell 44 �b hk gym, ,,m „ �w Street" UNANIMOUS VOTE to refer this article to the Planning Board for further study. VOTED MAY 15, 2001 Article 33. Street Acceptance— Christian Way Extension. To see if the Town will vote to accept and name as a public way, Christian Way Extension as shown on plan approved by the N. Andover Planning Board, as shown on a plan of land entitled "Definitive Subdivision at Brook Farm in North Andover, Mass., prepared for: Margaret Antonelli, Engineer: Atlantic Engineering & Survey Consultants, Inc., Scale 1" — 40', Date: May 14, 1998 and revised July 7, 1998", which plan is recorded in Essex North District Registry of Deeds as Plan# 11589, James W. Mangano and Others UNANIMOUS VOTE TO TAKE NO ACTION. VOTED MAY 15, 2001 Article 34. Street Acceptance— Orchard Hill Road. To see if the Town will vote to accept, as and for a public way in the Town of North Andover, Orchard Hill Road, (located off Barker Street) 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, titled "Plan of Land" owned by George Barker, Jr., Orchard Hill Commerce Park, Plan #13094, recorded at the Essex County North Registry of Deeds on September 2, 1997. George R. Barker, Jr. and Others ANNUAL TOWN MEETING MINUTES May 2001 Page 33 UNANIMOUS VOTE to adopt article 34 as printed in the warrant. VOTED MAY 15, 2001 Article 35. Street Acceptance — Coventry Lane. To see if the Town will vote to accept as a public way Coventry Lane and a portion of South Bradford Street, both shown on a plan entitled, "Definitive Plan, Coventry Estates, Owner and Developer— Coventry Development Corp., Lindberg Ave., Methuen, Mass., Prepared by Beta International, Inc., Consulting Engineers, 27 School Street, Boston, Mass., July 1985, Scale 1"= 40', revised on November 8, 1985, and further revised on December 19, 1985, and recorded in Essex County Northern District Registry of Deeds on April 8, 1986 as Plan No. 10236; and updated and revised on a plan entitled "As Built Plan, Coventry Estates, North Andover, Mass., Prepared for: Coventry Development Corp., Scale 1" = 40', Date: August 5, 1991, Prepared by Andover Consultants, Inc., as revised and updated on August 21,2000 by Hayes Engineering, Inc. to be recorded in the Essex County Northern Registry of Deeds. Peter Tedesco and Others UNANIMOUS VOTE to "Take No Action on Article 35". VOTED MAY 15, 2001 Article 36. Street Acceptance— Huckleberry Lane. To see if the Town will vote to accept as a public way Huckleberry Lane (off of Salem Street) which is shown as and was formerly known as Pinewood Road on a plan entitled "Modification to the Definitive and Special Permit Plan, Woodchuck Grove in North Andover, Mass." Drawn for Summer Street Realty Trust, 733 Turnpike Street, North Andover, Mass., dated July 1, 1994, revised February 7, 1995 and January 27, 1995, Scale 1" = 40', Engineers: Merrimack Engineering Services, 66 Park Street, Andover, Mass. 01810, recorded at Essex North District Registry of Deeds as Plan No. 12579. Lianne Cristaldi and Others UNANIMOUS VOTE to Adopt Article 36 as printed in the Warrant. VOTED MAY 15, 2001 Article 37. Land Acquisition - Ingalls Street. To see if the Town will vote to raise and appropriate a sum or sums of money not to exceed $10,000 and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain the real property on Ingalls Street containing approximately 4.2 acres as shown on Town ANNUAL TOWN MEETING MINUTES May 2001 Page 34 Assessors Map 106B Parcel 20 for any purpose for which the Town is authorized to acquire real property; or take any other action relative thereto. Board of Selectmen >u y IEF I n r fftyeti'w d w'Mdu' . �+ - � Q Com?.. '✓/' �'„."-... `. `l r r� 1t _ A N 011 s cc \ \ ,ir �rlf�riwrl iaaa< nf L11 _.1 !1 sr�n�I gP,l�0 1 l l� bo,<Mr.- WMjm1.H01k Cannr41Jb.I,, C2 1ANANC, '-JFJNAHCE4, ; FE-1—Z.—ban.— l�' aijXtFW0'rzC2"P'M UNANIMOUS VOTE that the Town authorize the Board of Selectmen to acquire by gift, purchase or eminent domain the real property on Ingalls Street containing approximately 4.2 acres as shown on Town Assessors Map 106B Parcel 20 for any purpose for which the Town is authorized to acquire real property and to pay for expenses relating to acquiring that property that the $10,000 be raised and appropriated. VOTED MAY 15, 2001 Article 38. Acquisition of Land— Third Fire Station. To see if the Town will vote to authorize the Board of Selectmen to negotiate with the Commonwealth of Massachusetts, to acquire and utilize a portion of State owned land, located at the corner of Salem and Ingalls St. (Map 106B, Parcel 24), at no cost to the Town of North Andover, as an alternative location for the proposed "Out Country Fire Station." Parcel 24 has been identified by the Out Country Fire Station Task Force as a feasible and viable alternative site for the construction of a third fire station. The Selectmen, pursuant to Article 23 of the 2000 Annual Town Meeting established the Task Force. Parcel 24 was identified by the Fire Department in 1988 as a possible location for the third fire station. ANNUAL TOWN MEETING MINUTES May 2001 Page 35 Joyce D'Antonio and Others VOTE TO DEFEAT ARTICLE 38 YES 38 NO 71 VOTED MAY 15, 2001 Article 39. Community Preservation Report. To see if the Town will vote to hear the report of the Community Preservation Committee. Alison Lescarbeau and Others UNANIMOUS VOTE TO RECEIVE THE REPORT OF THE COMMUNITY PRESERVATION COMMITTEE. VOTED MAY 15, 2001 Article 40. Acquisition of Land — Hawk Ridge Subdivision — Assessors Map 62 Lot 5 —Bradford Street Bordered by Mazurenko Farm and Barker Dairy Farm. To see if the Town will appropriate a sum of money from FY2002 Community Preservation Fund Revenues or by borrowing under the Community Preservation Program and to authorize the Treasurer, with the approval of the Selectmen, to issue any bonds or notes that may be necessary for that purpose, to acquire by gift, purchase, or eminent domain for open space purposes approximately 27.33 acres of land, known as Hawk Ridge Subdivision owned by Tara Leigh Development Assessors Map 62, Lot 5, to be managed and controlled by the Conservation Commission of the Town of North Andover and the Conservation Commission be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the Town of North Andover and the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of North Andover to affect said purchase; or take any other action relative thereto. ANNUAL TOWN MEETING MINUTES May 2001 Page 36 0 IN ASi Alison Lesearbeau and Others VOTED that the Town appropriate and borrow $1,510,000 for the acquisition by purchase or eminent domain of a parcel of land of approximately 27.33 acres known as Hawk Ridge Subdivision owned by Tara Leigh Development LLC or by the Trust for Public Land as described on Assessors Map 62 Lot 5, for open space purposes under Map 62 Community Preservation Program, to be managed and owned by the Conserva Parcel 5 Commission of the Town of North Andover, and to authorize the Treasurer, with Bradfor approval of the Board of Selectmen, to issue any bonds or notes that may be necess—, for that purpose, as authorized by General Laws Chapter 44, or any other enabling authority, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self-Help Act (Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and the Town Manager and the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of North Andover to affect said purchase. YES 67 NO 6 ANNUAL TOWN MEETING MINUTES May 2001 Page 37 Article 41. Appropriation — Community Preservation Committee. To see if the Town will authorize the sum of $1,000 for administrative expenses for the work of the Community Preservation Committee from Community Preservation Act Funds under the direction of the Community Preservation Committee. Alison Lescarbeau and Other UNANIMOUS VOTE that the Town authorize the sum of $1,000 for administrative expenses for the work of the Community Preservation Committee from Community Preservation Act Funds under the direction of the Community Preservation Committee. VOTED MAY 15, 2001 The Annual Town Meeting for the Town of North Andover dissolved at 11:50PM on Tuesday May 15, 2001. Joyce A. Bradshaw, Town Clerk ANNUAL TOWN MEETING MINUTES May 2001 Page 38