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Home My WebLink AboutAnnual Town Meeting Minutes 05.14.2007 TOWN CLERK TOWN MEETING MINUTES Town of North Andover Annual Town Meeting May 14, 2007 Checklists were used and 1,321 voters were present to open the meeting. Town Moderator Charles A. Salisbury called the meeting to order at 7:30 PM. Reverend Paul Keyes, Pastor of Saint Michael Church delivered the invocation. The meeting joined together in the Pledge of Allegiance. On motion of Thomas Licciardello, Chairman of the Board of Selectmen, seconded by Selectman Daniel P. Lanen, it was unanimously voted to dispense with the reading of the warrant, and with the reading of the constable's return of service of that warrant and further that the Moderator not be required to read articles of the warrant verbatim,but be allowed to refer to articles by number and by subject matter. The first session of the Annual Town Meeting was adjourned by unanimous vote until Tuesday May 15, 2007 at the North Andover High School. The meeting reconvened on May 15, 2007 at 7:14PM by Charles A. Salisbury, Town Moderator. There were 382 voters present to open the meeting. The second session adjourned at 11:18PM until Monday May 21, 2007 at TOOPM. The meeting reconvened on Monday May 21, 2007 with 262 voters present to open the meeting. The meeting was adjourned by unanimous vote at 10:35PM until Monday June 4, 2007. The meeting reconvened on Monday June 4, 2007 at 7:08PM with 445 voters present to open the meeting. The 2007 Annual Town Meeting dissolved on motion of Thomas Licciardello, Seconded by Selectman Mark J.T. Caggiano by unanimous vote at 10:35PM. 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 Fieldhouse on Monday May 14, 2007, at 7:00 PM. then and there to act upon the following articles: Article 1. Reports of Special Committees. Unanimously Voted to "Take No Action" on Article 1. VOTED MAY 14, 2007 Article 2. Consent Articles. Unanimously Voted to adopt Items A, C, and D. Item B deleted. A. Reports of Receipts and Expenditures. To accept the reports of receipts and expenditures as presented by the Selectmen in the 2006 Annual Town Report. B. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. In accordance with the provisions of 1 Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest of the Town by vote of the Board of Selectmen or the School Committee, as appropriate. (DELETED). C. Authorization to Accept Grants of Easements. To authorize the Board of Selectmen and the School Committee to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the town. D. Authorization to Grant Easements. To authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town. VOTED MAY 1412007 ARTICLE 3. Compensation of Elected Officials. Voted by Majority Vote to adopt the following compensation schedules for elected officials: Board of Selectmen/Licensing Commissioners Per person, per annum: $5,000 Chairman, per annum,in addition: $500 School Committee, per person, per annum: $5,000 Chairman, per annum,in addition: $500 Moderator, For Annual Town Meeting: $500 For each Special Town Meeting: $250 VOTED MAY 1412007 Article 4. Amend General Fund Appropriation For Fiscal Year 2007 and Eliminate Deficits in Town Account Funds. Unanimously Voted to amend the General Fund Appropriation for Fiscal Year 2007 as voted under Article 18 of the May 8, 2006 Annual Town Meeting and Article 7 of the July 10,2006 Special Town Meeting by: Increasing General Government by $9,303 for a revised total of$2,340,040 Increasing Public Safety by$192,092 for a revised total of$8,447,001 Increasing N.A. School by $268,449 for a revised total of 32,089,721 Decreasing Snow and Ice by $57,500 for a revised total of$ 628,030 Decreasing All Other Public Works by $71,042 for a revised total of$3,163,296 Increasing Health and Human Services by $ 37,576 for a revised total of$734,222 Decreasing Culture and Recreation by $23,051 for a revised total of$695,883 Decreasing Debt Service by $41,554 for a revised total of$9,357,187 Increasing Employee Benefits by $39,579 for a revised total of$10,208,097 2 Decreasing Liability Insurance by $6,110 for a revised total of$410,406 And to fund the additional total appropriation of $347,741.00 from a transfer from free cash and to further transfer from free cash $312,214.24 to fund the deficit in the School Lunch Program and $191,452.19 to fund the deficit in the Chapter 90 Fund for a total transfer from Free Cash of$851,407.43. School $250,000.00 Fire Department $97,741.00 Chapter 90 $191,452.19 School Lunch Program $312,214.24 Total from Free Cash $851,407.43 VOTED MAY 14, 2007 Article 5. Amend Water Enterprise Fund Appropriation for Fiscal Year 2007. Unanimously Voted to amend the vote taken on Article 22 Water Enterprise Fund Appropriation - Fiscal Year 2007 at the 2006 Annual Town Meeting on June 6, 2006 as follows: Delete in its entirety "and to operate the Water Enterprise Fund, that $5,172,001 be raised from Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect Expenses and that $54,722 be transferred from Water Enterprise Fund Retained Earnings." And replace with "and to operate the Water Enterprise Fund, that $5,226,723 be raised from Water Receipts and from these receipts $534,632 be transferred to the General Fund for Indirect Expenses." VOTED MAY 1412007 Article 6. Amend Capital Improvement Plan Appropriation for Fiscal Year 2007. Unanimously Voted that the Capital Improvement Plan Appropriation for Fiscal Year 2007 as voted under Article 24 of the 2006 Annual Town Meeting is hereby amended to change the project to be funded there under in item 7 to "Franklin School Roof Replacement/Water Damage". VOTED MAY 149 2007 Article 7. Transfer of Unexpended Funds from Special Revenue and Capital Funds. Unanimously Voted to "Take No Action" to transfer unexpended balances from Special Revenue and Capital Funds. VOTED MAY 14, 2007 3 Article 8. Prior Years Unpaid Bills. Unanimously Voted 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 listed below: Prior Year Invoices FY07 Vendor Amount Department MEGA Insurance 7,101.00 Worker's Comp Ins. 2,500.00 Sewer Dept MIIA Insurance 19.95 Assessors Netway Dennis K Burke 10,384.00 Public works Nextel 558.16 School Lunch AT & T 31.42 School Lunch Staples 89.11 School Lunch Town of North Andover PW 138.36 School Lunch Reid Mechanical Corp 246.97 School Lunch Lisa & Don Carroll 31032.50 School Dept RCB 2,106.33 School Dept Energenix 4,729.99 School Dept Xerox 2,886.11 School Dept USI Ultra Services 2,202.49 School Dept McGraw Hill 1,850.48 School Dept Pro-Ed 523.60 School Dept $38,400.47 VOTED MAY 14, 2007 Article 9. Approve Collective Bargaining Agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035. Voted by Majority Vote to approve a collective bargaining agreement between the Town of North Andover and the International Association of Fire Fighters (IAFF), Local 2035, for the period of July 1, 2005 through June 30, 2008. VOTED MAY 149 2007 Article 10. Approve Collective Bargaining Agreement Between the Town of North Andover and the New England Police Benevolent Association (NEPBA), Local 2. Voted by Majority Vote to approve a collective bargaining agreement between the Town of North Andover and the New England Police Benevolent Association (NEPBA) Local 2, for the period of July 1, 2004 through June 30, 2007. 4 VOTED MAY 14, 2007 Article 11. General Fund Appropriation Fiscal Year 2008. Voted by Majority Vote to appropriate funds for the Fiscal Year 2008 General Fund beginning July 1, 2007 and ending June 30, 2008 as follows: General Fund Appropriation Finance Committee(2007)) General Government' $2,534,223 Pitblic Safety $8,550,242 School Department $34,167,376 Greater Lawrence Technical School $268,022 School Building Committee $22,000 Snow&lee Removal $685,530 All Other Public Warks $3;238,798' ealth and'Huxnan Services $771,046 Culture and Recteation $755,725 Debt Setviee'' $8i'716,755, mployee Benefits $10,940,127 lability Insurance $499,819 otal Town Meeting Appropriation $71,209,663 And further: To transfer to the General Fund: $1,290,844 From Free Cash $200,000 From Overlay Surplus VOTED MAY 14, 2007 Article 12. Appropriation of Funds to Reinstate Program Manager Position—North Andover Senior Center. Unanimously Voted to "Take No Action" to appropriate the sum of$40,000 from available funds to be expended under the direction of the Council on Aging for the purpose of reinstating the Program Manager position at the North Andover Senior Center effective July 1, 2007. VOTED MAY 14, 2007 Article 13. Raise and Appropriate Additional Funds for Fiscal Year 2008. Majority Vote that the following additional funds be allocated to the Fiscal Year 2008 General Fund budget contingent upon a Proposition 2 1/2 Operational Override being approved at an election called by the Board of Selectmen pursuant Massachusetts General Law Chapter 59, Section 21C: Public Safety $72,547 5 School Department $ 1,111,120 Public Works $ 42,000 Health& Human Services $ 77,618 Culture &Recreation $ 45,335 Employee Benefits $ 301,380 TOTAL $ 1,650,000 Department/School Amount Employee Benefits Total Item Cost Description School-Elementary $368,000 $100,000 $468,000 Eight(8)Elementary Teachers School-Elementary $46,000 $12,500 $58,500 One(1)Reading Teacher School-Elementary $18,400 $0 $18,400 Part Time Guidance Counselor Atkinson School School-Elementary $145,000 $0 $145,000 New Science Curriculum Materials School-Middle $226,000 $75,000 $301,000 Six(6)Related Arts Teachers School-Middle $92,000 $25,000 $117,000 Two(2)Special Education Teachers School-Middle $46,000 $12,500 $58,500 School Librarian School-High $169,720 $13,880 $183,600 Special Education Inhouse Behavioral and Emotional Program Subtotal School: $1,111,120 $238,880 $1,350,000 Police $30,000 $0 $30,000 Restore cuts made to Town Mgr's Original Budget Elder Services $20,000 $12,500 $32,500 Program Manager PT to FT Youth Services $31,452 $12,500 $43,952 Social Program Coordinator Library $45,335 $12,500 $57,835 Assistant Director Police $42,547 $12,500 $55,047 Police Officer Div. of Public Works, Administration $42,000 $12,500 $54,500 Staff Engineer Elder Services $12,800 $0 $12,800 Out Reach Coordinator to Full Time Youth Services $13,366 $0 $13,366 Partial Restoration of Expense Budget Subtotal Municipal: $237,500 $62,500 $300,000 TOTAL: $1,348,620 $301,380 $1,650,000 VOTED MAY 14, 2007 Article 14. Stabilization Fund. Voted by Two-Third Vote Declared by the Moderator to "Take No Action" to transfer or appropriate funds from any Stabilization Fund(s) to the operating budgets/general fund. 6 VOTED MAY 14, 2007 On Motion of Thomas Licciardello, Seconded by Rosemary Connelly Smedile, a Unanimous Vote to adjourn until 7:OOPM on Tuesday May 15, 2007 at the North Andover High School Auditorium. The Second Session of the 2007 Annual Town Meeting convened on Tuesday May 15, 2007 at the North Andover High School Auditorium at 7:05PM. Checklists were used with 382 voters present. Chairman Thomas Licciardello informed the voters that Articles 27 - Amend Zoning Bylaw — Add New Section— Section 17 - Osgood Smart Growth Overlay District (1600 Osgood Street — Former Lucent Property; Article 28 Amend North Andover Zoning Map - Establish OSGOOD SMART GROWTH OVERLAY DISTRICT — Map 34 Parcel 17-1600 Osgood Street-Former Lucent Technologies Site; and Article 29 - Accept Provisions of Massachusetts General Laws Chapter 43D — As Amended by Section I I of Chapter 205 of the Acts of 2006 would be deferred until Monday June 4, 2007 at 7:OOPM at the North Andover High School to allow sufficient time to complete final details on these important articles. A unanimous vote to defer action on Articles 27, 28, and 29 until Monday June 4, 2007 at 7:OOPM passed at 7:16PM. Article 15. Water Enterprise Fund Appropriation-Fiscal Year 2008. WATER ENTERPRISE FV08 Recommendation Town Manager FY07 Department Board of Selectmen Budget Request Finance Committee Personnel 739,310 753,856 753,856 Expense 1,364,068 1,342,578 1,297,078 Debt Service 2,632,241 2,812,171 2,812,171 Sub-Total Direct Expenditures 4,735,619 4,908,605 4,863,105 Admin/Tndirect 534,632 560,000 560,462 Total Water Enterprise 5,270,251 5,468,605 5,423,567 Unanimously Voted to appropriate the amount of $5,423,567, in aggregate, for the purpose listed under the column "FY08 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Water Enterprise Fund, that $5,362,714 be raised from water receipts and from these receipts $560,462 be transferred to the General Fund for indirect expenses and that $60,853 be transferred from Water Enterprise Fund Retained Earnings. VOTED MAY 15, 2007 7 Article 16. Sewer Enterprise Fund Appropriation-Fiscal Year 2008. SEWER ENTERPRISE FY08 Recommendation Town Manager FY07 Department Board of Selectmen Budget Request Finance Committee Personnel 359,606 372,928 372,928 Expense 337,089 256,477 256,477 GLSD Assessment 1,298,000 1,320,613 1,320,613 Settlement 56,000 56,000 56,000 Debt Service 1,899,805 1,871,507 1,871,507 Sub-Total Direct Expenditures 3,950,500 3,877,525 3,877,525 Admin/Indirect 253,989 270,000 299,238 Total Sewer Enterprise 4,204,489 4,147,525 4,176,763 Unanimously Voted that the Town appropriate the amount of$4,176,763, in aggregate, for the purpose listed under the column "FY08 Recommendation: Town Manager, Board of Selectmen, Finance Committee" without regards to individual line items, and to operate the Sewer Enterprise Fund, that $3,625,131 be raised from Sewer Receipts and from these receipts $299,238 be transferred to the General Fund for Indirect Expenses and that $551,632 be transferred from Sewer Enterprise Fund Retained Earnings. VOTED MAY 15, 2007 Article 17. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2008. STEVENSESTATE T OSGOOD HILL ENTERPRISE FY08 Recommendation Town Manager FY07 Department Board of Selectmen Budget Request Finance Committee Personnel 204,181 186,200 186,200 Expense 256,982 262,409 262,409 Debt Service 0 0 0 Sub-Total Direct Expenditures 461,163 448,609 448,609 Admin/Indirect 83,119 71,391 71,391 Total Stevens Estate Enterprise 544,282 520,000 520,000 Unanimously Voted that the Town appropriate the amount of$520,000 listed under the column "FY08 Recommendation: Town Manager, Board of Selectmen, Finance 8 Committee" and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $520,000 be raised from Stevens Estate at Osgood Hill Enterprise Fund and from these receipts $71,391 be transferred to the General Fund for Indirect Expenses. VOTED MAY 15, 2007 Article 18. Establishment of Revolving Funds. Unanimously Voted to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/2 for the Fiscal Year beginning July 1, 2007 as printed in the warrant and shown below: Revolving Fund Accounts 1. Account Revolving Fund Authorized to Use of Funds Revenue Source FY 2008 Number Spend Limit F- 022-5423- Youth Services Assistant Town All programs Participants'fees, 3437 Revolving Manager and activities, Grants, $250,000 expense,part Donations,and time help related Fundraising proceeds 2. Field Field rental fees, 022-4925- Field Maintenance Director-Division maintenance, Grants, $ 40,000 3077 of Public Works upgrade and Donations,and related related expenses Fundraising proceeds 3. 022-5590- Elder Services Senior Participants'fees, $ 50,000 3564 -COA Revolving Assistant Town programs, Grants, Manager classes and Donations,and activities related Fundraising proceeds 4. Clinic participant 022-5102- Health Dept Director- Clinic fees,Grants, 3424 Revolving Community supplies and Donations,and $20,000 Development other related related Division materials Fundraising proceeds 5. 022-4306- Wheelabrator Director- Air quality Wheelabrator $25,000 3008 Planning Community monitoring Host Community Development Agreement Division 6. 022-4307- Wheelabrator Director- To enforce Wheelabrator $20,000 3083 Public Safety Community Trash Truck Host Community Development regulations Agreement Division 7. 022-4308- Wheelabrator- Director- Protection of Wheelabrator $40,000 3649 Health Community health,safety Host Community Development and Agreement Division monitoring the air quality 8. 022-4309- Health Dept- Director- Food Inspection Fees $10,000 3084 Food Inspections Community Consultant Development fees and Division expenses 9 related to program 9. Revolving Fund Account Receipts and Expenditures Ac unt Rev lving Balance I FY06 YA6ted to Baance Receipts Balance Nu ber Fun 7/1/05 Receipts Exp(nOits 06/ 0/06 thru Expend- 2/28/07 itures t ru $49fi§9907 i oa. 022-5423- Youth $256,054 $205,327 $(195,361) $266,020 $ 73,213 $ 163,156) $ 176,077 3437 Services Revolving 2 022-4925- Field $ 700 $ 26,050 $ - $ 26,750 $ 150 $ (6,600) $20,300 3077 Maintenanc e 3 022-5590- Elder $ 8,275 $19,447 $(25,784) $ 1,938 $ 11,213 $(7,089) $ 6,061 3564 Services -COA Revolving 4 022-5102- Health $ 15,489 $ 3,989 $ (8,316) $ 11,162 $ 22,404 $ (23,788) $9,777 3424 Dept Revolving 5 022-4306- Wheelabrat $69,692 $25,000 $(18,016) $76,677 $25,000 $ (24,982) $76,694 3008 or Planning 6 022-4307- Wheelabrat $72,154 $ 12,205 $(13,176) $ 71,183 $ 9,300 $ (3,436) $77,047 3083 or Public Safety 7 022-4308- Wheelabrat $ 67,545 $ 2,500 $(21,155) $48,890 $ - $ (26) $48,864 3649 or-Health 8 022-4309- Health $ 33,430 $V"Ti 16VV)15, 0,498 $ 15,075 $ (395) $55,178 3084 Dept- Food Article 9,k,,pF&Nrof the �ommunitvPreservation Committee and A ro iation 9 From theCommunityreservation Fund. Vot d by M jorit Vote to receive the 3, 0 orth Col lid ti J� at 35 '�7r�imi e 3°a°i� t 5'$pr M °7�r m$2�i'i Commun' yeykesery tion Fund, in ac ordance wi h the provisions of Massachusetts I General e i Community Preservation Committee as shown below and as amended by deleting item a) The Greenery-Neighborhood of Affordable Housing (NOAH)proposal to create 42 new affordable housing units in the amount of $1,000,000 in the Affordable Housing Category. Total Appropriation voted $2,285,461. Vote on Amendment - Yes 195 No 108. List of Appropriations - Community Preservation Fund 10 Description Amount Category a) The Greenery—Neighborhood of $1,000,000 Affordable Housing Affordable Housing (NOAH) proposal to create 42 new affordable housing units. b) Town Common—Rehabilitation of $330,000 Historic Preservation drainage system c) Restoration of Historic Town Records $40,000 Historic Preservation —Phase III d) Stevens Estate Restoration— $100,000 Historic Preservation Windows e) Stevens Estate Restoration—Interiors $95,000 Historic Preservation f) Rehabilitation of Sharpners Pond $39,000 Recreation Recreation Area g) Rehabilitation of Middle School and $18,400 Recreation Grogan's Field h) Principal and interest expenses: Half $1,658,061 Open Space Protection Mile Hill Summit and Sunnyridge (Cullen property) i) Administrative Costs $5,000 Administration Total 2007 Appropriations $3,285,461 Community Preservation Committee VOTED MAY 15, 2007 Article 20. Continuation of MGL Chapter 59 Section 5C — Senior Work Program— Increase Funding to $13,000. Unanimously Voted to continue the provisions of Massachusetts General Laws Chapter 59 Section 5C — Senior Work for a total authorization of$13,000. Council on Aging VOTED MAY 15, 2007 11 Article 21. Capital Improvement Plan Appropriation Fiscal Year 2008. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town Capital Improvement Program as detailed below: Voted by Two-Third Vote Declared by the Moderator to fund the Town Capital Improvement Program as printed under Article 21 of the warrant for the 2007 Annual Town Meeting under the heading "FY08 CIP" with the following amendments: Delete item 6 "Out Country Fire Station in the amount of $500,OOO;delete Item 12 — "Roadway (unaccepted) Improvements in the amount of $574,994; delete item 17 "Kittredge School Elevator/handicap accessibility" in the amount of $665,000; and delete line 18, "Carpet Replacement Middle & Sargent Schools", fund code bonds/notes General Fund in the amount of $110,000; and replace it with line 18R, "Middle School Front Entry/egress", fund code bonds/notes general fund in the amount of $88,500;and to appropriate $6,844,850 for the listed projects in the amounts as follows: FY08 CIP Line Project Description ❑ Amount 1 Town/School Data Network 445,000 2 Improvements to Senior Center 250,000 3 Library Technology 75,000 4 Radio Fire Alarm Box 160,000 5 Ambulance Replacement 156,539 7 Replace Roof on Fire Station 2 30,000 8 Four Wheel Drive Vehicle 39,174 9 Computer Infrastructure Upgrades- 113,037 Police Dept. 10 Upgrade Police Radios 228,480 11 Underground Storage Tank 25,000 Monitoring System 13 Sidewalk Construction 114,700 14 Equipment- 1 Ton Dump 36,000 15 Equipment- Dump Truck w/sander 134,000 16 Equipment Cab and Platform Truck 114,000 18R Middle School Front Entry/Egress 88,500 12 General Fund Total 2,009,430 19 Water Main Rehab 650,000 20 Meter Replacement Program 350,000 21 Equipment Pick up Truck 35,000 22 Ozone air compressor 54,000 Water Enterprise Fund Total 1,089,000 23 Waverly Road Relief Sewer Main 3,693,420 24 Equipment Pick up Truck w/crane 53,000 Sewer Enterprise Fund Total 1 113,746,420 11 * Fund Codes spelled out below Funding Recommendation Totals Raise and Appropriate - General Fund $ - Raise and Appropriate - Water Enterprise $ 89,000 Raise and Appropriate - Sewer Enterprise $ 53,000 Bonds/Notes - General Fund $ 2,009,430 Bonds/Notes - Water Enterprise $1,000,000 Bonds/Notes - Sewer Enterprise $3,693,420 Total All Capital Projects $6,844,850 And to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $6,702,850 under Chapter 44 of the Massachusetts General Laws. VOTED MAY 15, 2007 Article 22. Appropriation of Funds — Town Owned Buildings into New Police Station. Voted that $903,288 is appropriated for the purpose of rehabilitating a Town owned building into a New Police Station, and any costs incidental or related thereto; that to meet this appropriation $903,288 shall be transferred from the following projects in the amounts set forth below, said sums representing excess bond proceeds not needed for the completion of the respective project: Amount Project Date/Article Number Date of Bonds $60,000 Fire&Police Station May 11, 1998 (Article 34) Sept. 1, 1998 Planning 13 $265,262 Police Station Renovation May 14, 2001 (Article 8,Item 7) April 1, 2002 $578,026 New Police Station Design May 13,2002 (Article 11, Item 12) July 1,2005 and the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is hereby amended such that the purpose of the borrowing authorized pursuant to Item 5 of Article 24 is changed to the following: "Rehabilitating a Town owned building into a New Police Station"; that the Vote of the Town passed June 5, 2006 under Article 24 of the warrant for the 2006 Annual Town Meeting is otherwise hereby confirmed as so passed; and that the Board of Selectmen is authorized to take any other action necessary to carry out the project. With the following Amendment: And no funds may be spent until the School Committee votes pursuant to General Laws Chapter 40 Section 15A that the property is no longer needed for school purposes. VOTED MAY 15, 2007 YES 175 NO 66 Article 23. Accept Resolution Regarding State Funding. Unanimously Voted to adopt the following resolution: Whereas: The Town of North Andover has, in the past three years, reduced many municipal and educational services including the elimination of numerous positions, Whereas: North Andover is overly dependent upon property taxes to fund its services and as a result the property tax burden in North Andover is one of the highest in the state, Whereas: As a political subdivision of the Commonwealth of Massachusetts, North Andover is compelled by state law and regulations to adhere to many state mandates including the prevailing wage law, collective bargaining statutes and educational requirements, particularly in the area of special education. Whereas: In recent years, the Commonwealth has begun to restore local aid allocations to levels that were in existence prior to FY2003, Whereas: Even with modest increases in state aid, North Andover still receives one of lowest amounts of state aid relative to other communities, Now therefore be it resolved by the North Andover Town Meeting, that we hereby petition our legislators in the General Court to take what ever steps are necessary to: 1) Address the inequities that currently exist in the state aid distribution formulas, 2) Provide for a consistent revenue sharing plan that allocates a sufficient portion of the state budget to assist municipal governments; 3) Eliminate laws and regulations that put an undue financial burden on cities and towns or as an alternative provide full funding to pay for implementation of these mandates And to forward Copies of the Resolution to State Legislators for the Town of North Andover, President of the Senate, and Speaker of the State House of Representatives. 14 VOTED MAY 15, 2007 Article 24. Amend Town Charter — Insert Chapter 12 — Web Access to Public Records. Unanimously Voted to "Take No Action" to Amend Town Charter By inserting Chapter 12 entitled"Web Access to Public Records" to read as follows: The Town of North Andover, through its internet web sites, will make available for public viewing, on the Town of North Andover Official Web Site and/or the Town of North Andover School Department Official Web Site, all Substantive Public Records under its control as defined by Massachusetts General Laws Chapter 4, Section 7, item- Twenty-Six. All records withheld will be identified along with the reason for the decision not to make them public and the person designated by the Town or the School Department to make that decision. VOTED MAY 15, 2007 Article 25. Amend General Bylaws — Chapter 59 — Town Meetings — Add New Section —Section 8 — Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of $500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. Unanimously Voted to "Take No Action" to adopt the following General By-Law: "Procedures for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and , if applicable, for approval at Town Meeting. Section 1: Town and School Department Labor Contracts: A: Town Labor Contract: Any Town labor contract to be presented to Town Meeting for initial funding and approval that provides for total annual cost increases including payroll and payroll related costs (as defined in Section 3) that are in excess of two and one-half percent(2 1/2%) for any year of the contract and therefore, by definition herein, are anticipated to require the reduction of Town or School Department employees and/or services to residents to fund such contract, the Selectmen must disclose the complete terms of the proposed contract on the Town's web site at least ninety days prior to the Selectmen's approval of the contract along with their specific proposed reductions in Town and/or School Department employees and/or services that will be required to fund such a contract for each year of the proposed contract as well as the annual and cumulative estimated dollar amount of annual increases that are in excess of two and one-half percent (2 '/z%) of the preceding year's payroll and payroll related costs. B: School Department Labor Contract Any School Department labor contract to be presented to Town Meeting for funding within the School Department's budget that provides for total annual cost increases 15 including payroll and payroll related costs (as defined in Section 3) that are in excess of two and one-half percent (2 1/2 %) for any year of the contract and therefore, by definition herein, are anticipated to require the reduction of Town or School Department employees and/or services to residents to fund such contract, the School Committee must disclose the complete terms of the proposed contract on the School Department's Web site at least ninety days prior to the School Committee's approval of the contract, along with the specific proposed reductions in Town and/or School Department employees and/or services that will be required to fund such a contract for each year of the proposed contract as well as the annual and cumulative estimated dollar amount of annual increases that are in excess of two and one-half percent(2 /z%) of the preceding year's payroll and payroll related costs. Section 2: Complete Details of Proposed Labor Contracts Required to be disclosed on the respective Town and School Department Web sites and be available at the Town Clerk's office. A copy of the proposed contract, including identification of any items changed from the terms of the prior contract, as well as a detailed compilation of all payroll and payroll related costs for each employee and/or position included in any contract in Sections IA and 1B by employee name and/or position, total wages proposed in each contract year and the estimated payroll related costs, as defined in Section 3, for all benefits to be provided to each employee by position including maximum estimated current and retirement health insurance costs (regardless of whether the employee is currently insured under the town's health insurance plan), estimated pension retirement costs, maximum allowances by hours and costs for sick time, personnel time, bereavement time, holiday time, vacation time and other time not required to be working as well as minimum actual hours required to work per terms of the proposed contract. The computation for retirement health and pension benefits shall be computed on an actuarial method based on each employee's age and expected benefit cost amortized over the employee's expected period of employment assuming retirement at the earliest age the employee shall be able to receive maximum benefits provided. Section 3: Definitions and Procedures Payroll and payroll related cost increases shall be defined as the total annual payroll cost increase in a contract for each employee plus estimated annual increases in payroll related costs, including, but not limited to, all employee benefits such as additional time off, employee health insurance and pensions costs, whether paid by the Town or deducted and/or charged by the Commonwealth of Massachusetts in computing local aid to the Town, and payroll tax increases. Payroll and payroll related costs shall include all amounts paid to or on behalf of former employees and retired employees previously covered by the contract for post retirement health insurance and pension benefits. All costs used to determine the percentage increase shall be done on a pro rata basis but need not require an individual allocation of costs. Cost increases not specifically assignable to a particular employee or a current or former group of employees shall be allocated on a pro rata basis to all employees of the Town and/or Schools. 16 The determination of the percentage increase provided for in any new labor contract shall be made by the Board of Selectmen or the School Committee who shall make public their computations in the information required to be presented on the respective web sites and available at the Town Clerk's office at least ninety days prior to approval of any contract identified in Section 1 by the Selectmen or School Committee. The Finance Committee shall issue appropriate rules and/or regulations in order to implement the requirements of this By-Law and shall make the final determination as to whether the requirements have been met by The Selectmen and School Committee. Section 4: Other Provisions Failure to comply with this By-Law shall prevent Town Meeting from taking any action on the proposed contracts or budget line items in which they are included, including appropriation and funding thereof Reconsideration on Articles 15-22 Denied. No further consideration of these articles possible. Vote Yes 122 No 141 - Motion—Michael Quinlan 9:45PM. Unanimously Voted to adjourn until 7:OOPM Monday May 21, 2007 at the North Andover High School Auditorium. The 2007 Annual Town Meeting Reconvened at the North Andover High School Auditorium on Monday May 21, 2007 at 7:05 PM. The meeting was called to order by Town Moderator Charles A. Salisbury. Checklists were used with 262 voters present. A motion was made by Robert Ercolini, 195 Bridle Path, and seconded to reconsider the vote to "Take No Action on Article 24 — "Amend Town Charter — Insert Chapter 12-Web Access to Public Records". Reconsideration Denied. Article 26. Amend Town Charter— Chapter 2, Section 8- Add New Section 2-8-4 — Requirements for Disclosure, Initial Funding and Appropriation of Labor Contracts involving Expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting. Voted by Majority Vote to defeat Article 26 to Amend Town Charter as follows: Chapter 2, Section 8 By adding Section 2-8-4 entitled "Requirements for Disclosure, Initial Funding and Appropriation of Labor Contracts involving expenditures in excess of$500,000 in order to be submitted for funding to be appropriated at Town Meeting and, if applicable, for approval at Town Meeting": 17 The Town of North Andover shall adopt a By-Law that provides for public disclosure by fiscal years of the total estimated increased costs to be incurred by the Town of North Andover for any proposed labor contract involving annual expenditures in excess of $500,000 that are anticipated to increase current employee payroll and all payroll related costs by more than two and one-half percent (2 /z%) over the previous year's costs, at least ninety days prior to the execution of the proposed contract by the Selectmen for Town employee contracts and by the School Committee for all School Department employee contracts in order for them to be eligible for submission to Town Meeting for appropriation funding and, if applicable, for approval of the contract. The By-Law shall also require, to the extent permitted by law, the aforementioned contracts be submitted to Town Meeting as a separate budget line item and fully detailed in the Town Meeting warrant. Petition of Robert Ercolini and others ARTICLE 26 DEFEATED -VOTED MAY 15, 2007 Article 27. Amend Zoning Bylaw— Add New Section — Section 17 - OSGOOD SMART GROWTH OVERLAY DISTRICT. Voted By Two-Thirds (2/3) Vote Declared By The Moderator to amend the Zoning Bylaw for the Town of North Andover by adding a new Section-Section 17—Osgood Smart Growth Overlay District to read as follows: The full text of this new section is available on the Town of North Andover's website at www.townofnorthandover.com in the 2007Annual Town Meeting Town Clerk's Minutes. The complete of the approved bylaw is on file in the office of the Town Clerk and made available by request. Community Development Division VOTED JUNE 452007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 APPROVED BY DHCD OCTOBER 26, 2007 Article 28. Amend North Andover Zoning Map - Establish OSGOOD SMART GROWTH OVERLAY DISTRICT — Map 34 Parcel 17-1600 OSGOOD STREET- FORMER LUCENT TECHNOLOGIES SITE. Unanimously Voted to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the Zoning Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY DISTRICT; shown as Map 34, Parcel 17 and identified as 1600 Osgood Street, North Andover, Former Lucent Technologies Site. A map of the district is on file in the Office of the Town Clerk 120 Main Street with the following amendment: Voted to add "Map 34, Parcel 15" after the words "Map 34, Parcel 17" and "to substitute an amended map with dimensions in place of the map originally on file with the Town Clerk's Office which did not have dimensions". 18 Vote on Article 28 to read as follows: Unanimously Voted to amend the Zoning Map of North Andover, pursuant to Section 3.2 of the Zoning Bylaw, to add as a zoning overlay, the OSGOOD SMART GROWTH OVERLAY DISTRICT; Shown as Map 34, Parcel 17 and Map 34, Parcel 15 and identified as 1600 Osgood Street, North Andover, Former Lucent Technologies Site. An amended map with dimensions is filed in the Office of the Town Clerk to replace the map originally on file. 4 LNINN4 LL4aEP0f! / �iur'urcnn urrewrw+r+c[xe Yraiu nel ��j%��///�f 4' ✓,/'L 10 ell ? s � A E ` X k I tl { p ♦ L� "'w f .w 4 . M' 1604 Osgood Street fir, Smart Growth Overlay District Zoning Map k, t , Community Development Division VOTED JUNE 4, 2007 19 Article 29. Accept Provisions of Massachusetts General Laws Chapter 43D — As Amended by Section 11 of Chapter 205 of the Acts of 2006. Unanimously Voted to accept the provisions of Chapter 43D of the Massachusetts General Laws, as amended, pursuant to Section 11 of Chapter 205 of the Acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation as an overlay for land at a portion of 1600 Osgood Street (Map 34, Parcel 17) with the following amendment: Add Map 34, Parcel 15 after Map 34, Parcel 17. Article 29 to read as follows: VOTED to accept the provisions of Chapter 43D of the Massachusetts General Laws, as amended, pursuant to Section 11 of Chapter 205 of the Acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation as an overlay for land at a portion of 1600 Osgood Street(Map 34, Parcel 17and Parcel 15). Community Development Division VOTED JUNE 4, 2007 Article 30. Amend Zoning Map — 200 and 220 Sutton Street, Assessors Map 39, Lot 24 and Assessors Map 28, Lot 1, from Industrial S (I-S) to Business 2 (13-2). Unanimously Voted to amend the Zoning Map of the Town of North Andover to rezone two parcels of land, known and numbered at 200 Sutton Street and 220 Sutton Street shown on the attached plan entitled "Rezoning Plan Of Land, Map 28, Parcel 1, and Map 39, Parcel 24, in North Andover, Mass.," dated February 26, 2007, prepared For LBM Realty Trust & Charles T. Matses, by Andover Consultants, Inc. on file with Town Clerk, located on the north side of Sutton Street at the corner of Sutton Street and Charles Street, from Industrial-S (I-S) to Business 2 (B-2). Said parcels are further described below: The first parcel known as 200 Sutton Street consists of 5.46 acres of land, shown as Lot 1 on Map 28 of the Town of North Andover Assessors Map, and is more particularly described as follows: Beginning at a point on the northerly line of Sutton Street, 166.00' westerly of a Stone Bound at the corner of Charles Street Thence running along said Sutton Street S 84-45-55 W a distance of 145.62' Thence running still along said Sutton Street N 89-29-11 W a distance of 146.97' to a P.K. Nail at land now or formerly of In-Laws Realty Trust. Thence turning and running by said land of In-Laws Realty Trust N 11-31- 05 W a distance of 150.03' to a P.K. Nail Thence turning and running S 78-28-55 W a distance of 218.17' to Cochichewick Brook 20 Thence running by said brook 75' +/- to land now or formerly of Boston & Maine Railroad Thence running N 51-14-47 E a distance of 130.87' Thence running N 44-58-47 E a distance of 102.00' Thence running N 38-36-19 E a distance of 61.32' Thence on a curve with a radius of 2,414.40' a distance of 533.45' the last four courses along said land of Boston& Maine Railroad, Thence running S 55-26-12 E a distance of 18.98' to Charles Street Thence along said Charles Street on a curve with a radius of 65.00' a distance of 71.50' Thence along said Charles Street on a curve with a radius of 29.95' a distance of 25.21' Thence along said Charles Street running S 05-16-20 E a distance of 370.25' to Parcel 24 as shown of said plan Thence running by said Parcel 24 S 84-45-55 W a distance of 166.00' Thence running S 05-16-20 E a distance of 300.00' to the point of beginning. Containing 5.46 acres +/- according to said plan. The second parcel numbered as 220 Sutton Street is shown as Lot 24 on Assessors Map 39 of the Town of North Andover Assessors Map, and is more particularly described as follows: Beginning at a stone bound at the corner of Charles Street& Sutton Street Thence running along said Sutton Street S 84-45-55 W a distance of 166.00' to Parcel 1 as shown on said plan Thence running by Parcel 1 N 05-16-20 W a distance of 300.00' Thence running N 84-45-55 E a distance of 166.00' to Charles Street Thence running along Charles Street S 05-16-20 E a distance of 300.00' to the point of beginning Containing 49,800 sq. ft. +/- according to said plan. For deed reference to Lot 1 (200 Sutton Street), see Deed to LBM Realty Trust recorded with the Essex North District Registry of Deeds in Book 3342, Page 328. For deed reference to Lot 24, see Deed to Charles T. Matses recorded with said Deeds in Book 958, Page 22, VOTED JUNE 4, 2007 APPROVED BV ATTORNEY GENERAL OCTOBER 2, 2007 Article 31. Amend Zoning Bylaw — Section 4.133 Industrial 2 District — Add New Subsection - Subsection 24 — Allowed Uses in I-2 District. Unanimously voted 21 "Take No Action" to amend the allowed uses found in section 4.133 (industrial 2 District) of the North Andover Zoning Bylaw by adding a new subsection 24. as follows: "24. The following uses shall be permitted by Special Permit issued by the Planning Board, and shall be subject exclusively to the design and dimensional requirements of the Route 114 Corridor Development District 2 (CDD2) provisions described in Subsections 16.5 through 16.10, as well as 16.12.2 of the Zoning Bylaw. The Planning Board may waive such design and dimensional requirements if it is deemed to be in the public interest to do so, and the Applicant may elect to include other uses allowed within the Industrial District under Section 4.133 as part of a proposed project to be governed by the provisions under this Subsection 24. a. Retail uses excluding auto sales, provided there is no outdoor sales or storage of materials and products; b. Restaurants, excluding drive through facilities; C. Personal Service Establishments; d. Professional offices including, but not limited to, banks, real estate offices, insurance offices, physicians offices, dentists, attorneys, architects, engineers or accountants; and, e. Accessory drive-through facilities, limited to banks and pharmacies only." And in connection therewith, to amend Table 1 (Summary of Use Regulations) under the list of Permitted Uses for "Eating and Drinking Establishment," "Personal Services," "Retail Establishment" by replacing under the I-2 District column the note "1V" with the note"SPS'". VOTED JUNE 4, 2007 Article 32. Amend Zoning Map — Assessors Map 108-C Parcel 9 — Route 114 — Turnpike Street and Berry Street — Rezone from Residential 2 (R2) to CDD2. To see if the Town will vote to rezone the following described parcel of land (the "Property") from "Residential 2 District" to "Corridor Development District 2." The Property is located along Route 114 (Turnpike Road), North Andover, Massachusetts and shown on Assessor's Map 108-C as Lot 09. The Property has a total area of 133,238 square feet (3.059 acres) of land and 693.86 lineal feet of frontage along Turnpike Road and is further defined on a Plan of Land filed with the Land Court Division of the Essex North District Registry of Deeds as Plan Number 15467. The Property is on the north side of Route 114 opposite Harold Parker Road and is located 150.88 feet southeast of Berry Street directly in front of the Town's soccer fields and adjacent to other property owned by the Town that lies on the corner of Berry Street and Route 114. The Property abuts the southwest side of 2170 Turnpike Road. ARTICLE 32 DEFEATED—MAY 2152007 Article 33. Amend Zoning Map — Assessors Map 108-C Parcel 9 — Route 114 — Turnpike Street and Berry Street — Rezone from Residential 2 (R2) to Industrial 1 (11). To see if the Town to amend the official Zoning Map of the Town of North Andover, dated May 12, 1972, in order to rezone the Property from "Residential 2 22 District" to "Industrial 3 District." The Property consists of 133,238 square feet (3.059 acres) of land and lies within the Residential 2 District. The rear boundary line of the Property demarcates the Residential 2 District and the Industrial 3 District. The Property is on the north side of Route 114 opposite Harold Parker Road and is located southwest of Berry Street directly in front of the Town's soccer fields and southeast of other property owned by the Town that lies on the corner of Berry Street and Route 114. The purpose of this petition is to rezone the Property to Industrial 3 District. ARTICLE 33 DEFEATED—MAY 21, 2007 Article 34. Petition the General Court -Enact General Bylaw — Machine Shop Village Neighborhood Conservation District Bylaw — Chapter 134 — Neighborhood Conservation District-Machine Shop Village. Voted to petition the General Court to enact a bylaw defined as the "Machine Shop Village Neighborhood Conservation District Bylaw" to be inserted into the General Bylaws for the Town of North Andover as Chapter 134. CHAPTER 134 - MACHINE SHOP VILLAGE NEIGHBORHOOD CONSERVATION DISTRICT TO READ AS FOLLOWS: The full text of this language is available on the Town of North Andover's website at www.townofnorthandover.com and in the 2007Annual Town Meeting Town Clerk's Minutes. A copy of this proposed bylaw is on file in the Office of the Town Clerk and made available by request. VOTED MAY 219 2007 YES 137 NO 23 This legislation was not enacted. This bylaw will be submitted to the 2008 Annual Town Meeting. Article 35. Amend North Andover Zoning Bylaw — Sections 8.9(3)(c)(v),and 8.9(5)(d)(vii)(3) — Wireless Service Facilities — Setback and Monitoring Requirements. To see if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Service Facilities, subsection: 3)(c)(v) and 5)(d)(vii)(3) to modify the setback requirements and application submission requirements for wireless service facilities. Sub-section 8.9(3)(c)(v) is to be amended by removing the text shown as stricken, and adding the text shown as underlined. 3) District Regulations C) Dimensional Requirements v) Setbacks All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. 23 (1) In order to ensure public safety, for any new groundmounted wireless service facility, the minimum distance from the base of any groundmounted wireless service facility to any property line, shall be two (2) times 2-x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". ^ eltb ,.i, Of tinn f o� 1-41h-A! 13o FO"404 f r P-P-PA' OF 0:948414g S"GWFG, asHeA-11urO the,,--adj asent Pr-OgO14)' l of fa tmm (2) speiFvirepe ffareiiity, the Setbaek PFEWiSiORS, Of Oh-O -70-flifig EhStFiOt Shall apply. -1-H- Oh-0, their eqUjP444-e-,4-4A Het-iffi-cfeaSO a-fly 3en-cel (2) Any non-concealed wireless service facility shall be set back at least two (2) times the height of the wireless service facility, as measured from the ground level, to each lot line of the site on which the wireless service facility is located. However, in the event that the wireless service facility is being mounted , attached or co- located to a pre-existing tower or pre-existing structure whose setback is already approved, either by right, by pecial permit or by variance, then no new independent setback requirement shall be required by the addition or co-location of the wireless service facility. (3) In the event that a wireless service facility is located, co-located, or concealed within a an enclosed building, then no new independent setback requirement shall be required for that facility. (4) In non-residential districts or on Town of North Andover owned land, the SPGA may grant a special permit to allow a lesser setback if it makes a finding that such lesser setback provides adequate safety, promotes co-location or improves design, or improves public safety communication, and will not negatively impact the appearance and character of the neighborhood. Sub-section S.9(5)(d)(vii)(3) is to be deleted by removing the text shown as stricken. 5) Application Procedures d) Application Filing Requirements vii) Radiofrequency Radiation (R-FR) Filing Requirements P41ie Health appf:oving the site fai:this f4eility as r-e"itvd by 105 C-N4R 122.000 feat es with eet to Planning Board Voted by Majority Vote to refer this issue [(Amend North Andover Zoning Bylaw - Sections 8.9(3)(C)(V), and 8.9(5)(D)(VII)(3) - Wireless Service Facilities - Setback and 24 Monitoring Requirements)] to a committee to review and redraft North Andover's entire wireless bylaw. The committee is to be comprised of eleven (11) people to be appointed by the Director of Community Planning and Development to include: 1. A resident with expertise on electromagnetics and wireless transmissions 2. The Director of Community Planning and Development 3. A resident with legal expertise and knowledge of the telecommunications industry 4. A member of the Planning Board 5. A member of the Zoning Board 6. A member of the Board of Selectmen committed to exploring this issue 7. A resident affiliated with the State Department of Telecommunications and Energy 8. A resident familiar with the health and safety aspects 9. Myself- Steven R. Tryder 10. One other citizen at large with strong interest and experience with this issue 11. A member of the Board of Health This committee would be charged for the period of time until the next Town Meeting in 2008, at which time their recommendations would be presented. VOTED JUNE 412007 Article 36. Amend Zoning Bylaw — Add New Section — Section 7.4 (5) — Dimensional Requirements — Building Heights. Unanimously Voted to amend the North Andover Zoning Bylaw by adding a new section, Section 7.4 (5). Section 7.4 (5) to read as follows: SECTION 7 DIMENSIONAL REQUIREMENTS 7.4 Building Heights 5. Nor of a manufacturing building a height of eighty-five (85) feet from the ground or pharmaceutical manufacturing silo having a height of one hundred-fifteen (115) feet from therg ound. VOTED MAY 219 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 37. Amend North Andover Zoning Bylaw — Section 8.5.6(F) Usable Open Space. Voted By Two-Third Vote Declared By The Moderator to amend the Town of North Andover Zoning Bylaw, Section 8.5.6(F) in order to further clarify the definition of Usable Open Space and the method for calculation of usable open space within a Planned Residential Development. 25 Section 8.5.6(F) Usable Open Space now reads: F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved for permanent open space. This space shall exclude parking areas, but include required setbacks and walkways. The usable open space shall be open an unobstructed to the sky; however; trees, planting, arbors, flagpoles, sculptures, fountains, swimming pools, atriums, outdoor recreational facilities and similar objects shall not be considered obstructions. I. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland. 2. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland. All resource area shall be determined by the requirements of M.G.L. Chapter 131, Section 40, and the Town's Wetland Bylaws under this subsection. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: 1. A non-profit organization or trust whose members are all the owners and occupants of the units, 2. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space, 3. The Town of North Andover, 4. Any group as indicated by the Planning Board which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. Further, a perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. Such restriction shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. Section 8.5.6(F) Usable Open Space as amended by replacing the current language to read as follows: F. Usable Open Space: Usable Open Space shall be defined as the part or parts of land within the PRD, which are reserved for permanent open space or passive recreation use. The usable 26 open space shall be open and unobstructed to the sky. Trees, planting, arbors, flagpoles, sculptures, fountains, outdoor open-air, passive/active recreational facilities and similar objects shall not be considered"obstructions". 1. Usable Open Space Ratio: a. For subdivision PRD's the minimum usable open space requirements shall be 35% of the total parcel area; and no more than 25% of the total amount of required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. b. For site planned PRD's, the minimum usable open space requirements shall be 50% of the total parcel area; and no more that 25% of the total required usable open space shall be wetland as defined pursuant to Wetlands Protection Act, M.G.L.c.131, s.40 and the Town of North Andover Wetland Protection Bylaw, Chapter 178 of the Code of North Andover. 2. Usable Open Space Calculation: a. Parking areas and roadways may not be included in the calculation of open space area, but the calculation may include required setbacks, waterways, and walkways. If the Planning Board requires additional parking to facilitate use of the open space, then that added parking area may be included in the calculation of the open space. b. For the purpose of creating townhouses, condominiums, multi-family, or similar housing within a Site Plan Special Permit PRD and Subdivision PRD, that area of land extending a minimum of twenty-five feet (25') from the foundation of the residential structure, eave, door, steps or stairway, patio area, deck, balcony, chimney or any other structure or improvement shall be excluded from the calculation of useable open space. If a residential structure or dwelling is more than one story tall, the minimum twenty-five foot (25') area must be measured from the furthest point from the structure or improvement. c. The usable open space shall be contiguous. Usable open space may still be considered contiguous if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing noncontiguous open space will promote the goals of this bylaw. d. Wastewater/Stormwater Structures: At the discretion of the Planning Board, subsurface wastewater and stormwater management systems serving the PRD may be located within the open space, with the approval of the Planning Board. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required. e. Accessory Structures: The Planning Board may permit up to five percent (5%) of the open space to be paved (pervious "paving" materials are encouraged) or built upon for structures accessory to the dedicated use or uses of such open space (for example, pedestrian walks and bike paths). Parking areas and areas used for vehicular access or egress shall not constitute open space. £ At the sole discretion of the Planning Board, the Planning Board may waive the conditions in Section 8.5.6(F)(2) Useable Open Space Calculations if it 27 finds that the project satisfies the purpose and intent of the Section 8.5 and improves the overall PRD design. 3. Ownership and Accessibility: a. For all PRD's the Usable Open Space shall be owned in common by and readily accessible to the owners of all the units in the PRD by any of the following groups: i. A non-profit organization or trust whose members are all the owners and occupants of the units; ii. Private organization including but not limited to the Trustees of Reservations or Essex County Greenbelt Association whose primary function is preservation of open space; iii. The Town of North Andover; and Any group as indicated by the Planning Board, which exists or is created for the purpose of preserving open space for the owners of the units located in a PRD Project. b. The usable open space shall be to greatest extent practicable accessible to the general public (unless restricted) and not for the exclusive use of a homeowner, homeowners' association or non-profit organization. For open space maintained strictly for active agricultural purposes, public access may be limited or completely excluded. This agricultural and access restriction shall be included as a deed restriction running with the land. 4. Restrictions: a. A perpetual restriction of the type described in M.G.L. Chapter 184, Section 31, (including future amendments thereto and corresponding provisions to future laws) running to or enforceable by the Town shall be recorded in respect to such land. Such restriction shall provide that the Usable Open Space shall be retained in perpetuity for one or more of the following uses: conservation, agriculture, or recreation. b. Such restriction(s) shall be in such form and substance as the Planning Board shall prescribe and may contain such additional restrictions on development and use of the Usable Open Space as the Planning Board may deem appropriate. Planning Board VOTED MAY 21, 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 38. Amend General Bylaws-Insert New Chapter — Chapter 82 — Demolition Delay. Voted to enact the following Chapter 82 of the General Bylaws to delay demolition of historic buildings as printed in the Finance Committee Report and posted in the warrant with the following amendment: "All instances of 15 (fifteen) months to read 12 (twelve months) and all instances of 75(seventy-five) years to read 100(one hundred)years" Chapter 82 as amended to read as follows: CHAPTER 82 - DEMOLITION DELAY 28 § 82-1. Intent and Purpose. This by-law is enacted for the purpose of preserving and protecting significant buildings within the Town, which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the town and to limit the detrimental effect of demolition on the character of the town. Through this bylaw, owners of preferably preserved buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such buildings and residents of the town are alerted to impending demolitions of significant buildings. By preserving and protecting significant buildings, streetscapes and neighborhoods, this bylaw promotes the public welfare by making the town a more attractive and desirable place in which to live and work. To achieve these purposes the Historical Commission is authorized to advise the Building Inspector with respect to demolition permit applications. The issuance of demolition permits is regulated as provided by this by-law. § 82-2. Definitions. APPLICANT-Any person or entity that files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate on or with the application his/her assent to the filing of the application. APPLICATION-An application for the demolition of a building. BUILDING-Any combination of materials forming a shelter for persons, animals, or property. BUILDING COMMISSIONER or INSPECTOR- The person occupying the office of Building Commissioner or otherwise authorized to issue demolition permits. COMMISSION - The North Andover Historical Commission or its designee. DEMOLITION-Any act of pulling down, destroying, removing, dismantling or razing a building or commencing the work of total or substantial destruction with the intent of completing the same. DEMOLITION PERMIT - The building permit issued by the Building Inspector for a demolition of a building, excluding a building permit issued solely for the demolition of the interior of a building. PREFERABLY PRESERVED - Any significant building, which the Commission determines, following a public hearing that it is in the public interest to be preserved rather than demolished. A preferably preserved building is subject to the twelve-month demolition delay period of this bylaw. SIGNIFICANT BUILDING - Any building within the town which is in whole or in part one hundred years or more old and which has been determined by the Commission or its designee to be significant based on any of the following criteria: a. The Building is listed on, or is within an area listed on, the National Register of Historic Places; or b. The Building has been found eligible for the National Register of Historic Places; or 29 C. The Building is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or the Commonwealth; or d. The Building is historically or architecturally important (in terms of period, style, method of building construction or association with a recognized architect or builder) either by itself or in the context of a group of buildings. § 82-3. Procedures. No demolition permit for a building which is in whole or in part one hundred years or more old shall be issued without following the provisions of this bylaw. If a building is of unknown age, it shall be assumed that the building is over one hundred years old for the purposes of this bylaw. An applicant proposing to demolish a building subject to this bylaw shall file with the Building Commissioner an application containing the following information: a. The address of the building to be demolished. b. The owner's name, address and telephone number. c. A description of the building. d. The reason for requesting a demolition permit. e. A brief description of the proposed reuse,reconstruction or replacement. f. A photograph or photograph(s) of the building. The Building Commissioner shall within seven days forward a copy of the application to the Commission. The Commission shall within thirty days after receipt of the application, make a written determination of whether the building is significant. Upon determination by the Commission that the building is not significant, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. Upon determination by the Commission that the building is significant, the Commission shall so notify the Building Commissioner and the applicant in writing. No demolition permit may be issued at this time. If the Commission does not notify the Building Commissioner within thirty days of receipt of the application, the Building Commissioner may proceed to issue the demolition permit. If the Commission finds that the building is significant, it shall hold a public hearing within thirty days of the written notification to the Building Commissioner. Public notice of the time, place and purpose of the hearing shall be posted in a conspicuous place in town hall for a period of not less than seven days prior to the date of said hearing and the applicant and the building inspector shall be notified in writing of the meeting time and place. The Commission shall decide at the public hearing or within fourteen days after the public hearing whether the building should be preferably preserved. If agreed to in writing by the applicant, the determination of the Commission may be postponed. 30 If the Commission determines that the building is not preferably preserved, the Commission shall so notify the Building Commissioner and applicant in writing. The Building Commissioner may then issue the demolition permit. If the Commission determines that the building is preferably preserved, the Commission shall notify the Building Commissioner and applicant in writing. No demolition permit may then be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission. If the Commission does not so notify the Building Commissioner in writing within twenty-one days of the public hearing, the Building Commissioner may issue the demolition permit. Upon a determination by the Commission that any building that is the subject of an application is a preferably preserved building, no building permit for new construction or alterations on the premises shall be issued for a period of twelve months from the date of the determination unless otherwise agreed to by the Commission. No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have been found to comply with all laws pertaining to the issuance of a building permit or if for a parking lot, a certificate of occupancy for that site. All approvals necessary for the issuance of such building permit or certificate of occupancy including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section. The Building Commissioner may issue a demolition permit or a building permit for a preferably preserved building within the twelve months if the Commission notifies the Building Commissioner in writing that the Commission finds that the intent and purpose of this bylaw is served even with the issuance of the demolition permit or the building permit. Following the twelve-month delay period, the Building Commissioner may issue the demolition permit. § 82-4. Administration. The Commission may adopt such rules and regulations as are necessary to administer the terms of this bylaw. The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this bylaw. The Commission may delegate authority to make initial determinations of significance to one or more members of the Commission or to a municipal employee. The Commission may pro-actively develop a list of significant buildings that will be subject to this bylaw. Buildings proposed for the significant building list shall be added following a public hearing. An Emergency Demolition shall be allowed, if after an inspection, the Building Commissioner finds that a building subject to this bylaw is found to pose an immediate threat to public health or safety due to its deteriorated condition and that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Commissioner may issue an emergency demolition permit to the owner of the 31 building or structure. The Building Commissioner shall then prepare a report explaining the condition of the building and the basis for his decision, which shall be forwarded to the Commission. § 83-5. Enforcement and Remedies. The Commission and/or the Building Commissioner are each specifically authorized to institute any and all actions and proceedings, in law or equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this by-law or to prevent a threatened violation thereof. Any owner of a building subject to this bylaw that demolished the building without first obtaining a demolition permit in accordance with the provisions of this bylaw shall be subject to a fine of not more than Three Hundred Dollars. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is completed or unless otherwise agreed to by the Commission. If a building subject to this bylaw is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of two years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission. § 84-5. Historic District Act. Following a determination that the building is significant and preferably preserved, the Commission may recommend to town meeting that the building be protected through the provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act. The steps required under M.G.L. Chapter 40C shall be followed prior to the establishment of a local historic district. Nothing in this by-law shall be deemed to conflict with the provisions of the Historic District Act, Massachusetts General Laws Chapter 40C. If any of the provisions of this by-law do so conflict, that act shall prevail. § 85-6. Severability. In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect. VOTED MAY 219 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 39. Amend Chapter 28 of the General Bylaws — Affordable Housing Trust Fund. Unanimously Voted to amend Chapter 28 of the General By-Laws, the Affordable Housing Trust Fund, as follows, in accordance with the provision of Massachusetts General Laws Chapter 44, Section 55C, as amended by Chapter 109 of the Acts of 2006: 32 Delete existing Section 28-2, Purpose, and replace with the following as printed in the warrant and as amended by adding in Section 28-2 Purpose — Line 8 by deleting "and creation" after "preservation" and adding ",creation, and use" Chapter 28-Section -2 to read: §28-2. Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of North Andover for the benefit of low and moderate income households. In furtherance of this purpose, the Trustees are hereby authorized, in accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real and personal property or money, both tangible and intangible, of every sort and description; to use such property, both real and personal, and money, in such manner as the Trustees shall deem appropriate to cant' out such purpose, provided, however, that all property held by the Trust and the net earnings thereof shall be used exclusively for the preservation, creation, and use in the Town of North Andover of affordable housing for the purposes for which the Trust was formed. Amend §28-3, Tenure of Trustees, by adding the following sentence to the end of said section: Nothing in this section shall prevent a board of selectmen from appointing the town manager as a member or chair of the board, with or without the power to vote. Delete existing Paragraph A from Section 28-5, Powers of Trustees, and replace with the following: A. With the approval of the Board of Selectmen, to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation, or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from General Laws Chapter 44B. Delete existing Section 28-8, Liability, and replace with the following: §28-8. Liability Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein. The Trust is a public employer and the Trustees are public employees for the purpose of G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of Massachusetts General Laws Chapter 268A. Delete existing Section 28-14, Recordings, and replace with the following: 33 §28-14. Recordings The Board of Selectmen may authorize the Trustees to execute, deliver and record with the Registry of Deeds any documents required for any conveyance authorized hereunder or to carry out the purposes and powers of the trust. CHAPTER 28 — AFFORDABLE HOUSING TRUST FUND AS AMENDED TO READ: CHAPTER 28 HOUSING TRUST FUND HISTORY: Adopted by the Town of North Andover May 2, 1988 Annual Town Meeting Article 31. [Chapter 28 Replaced—Article 33 2006 Annual Town Meeting,Approved by Attorney General ][Amendments noted where applicable.] § 28-1. Name of the Trust § 28-2. Purpose § 28-3. Tenure of Trustees § 28-4. Meetings of the Trust § 28-5. Powers of Trustees § 28-6. Funds Paid to the Trust § 28-7. Acts of Trustees §28-8. Liability § 28-9. Taxes § 28-10. Custodian of Funds § 28-11. Governmental Body § 28-12. Board of the Town § 28-13. Duration of the Trust § 28-14. Recordings § 28-15. Titles § 28-1. Name of the Trust The trust shall be called the "Town of North Andover Affordable Housing Trust Fund". § 28-2. Purpose The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of North Andover for the benefit of low and moderate-income households. In furtherance of this purpose, the Trustees are hereby authorized, in accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real estate and personal property, both tangible and intangible, of every sort and description; to use such property, both real and personal, in such manner as the Trustees shall deem most appropriate to carry out such purpose, provided however, that all property held by the Trust and the net earnings thereof 34 shall be used exclusively for the preservation, creation, and use in the Town of North Andover of affordable housing for the purposes for which this Trust was formed. § 28-3. Tenure of Trustees There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees who shall be appointed by the Board of Selectmen. At least one of the Trustees shall be a member of the Board of Selectmen. Only persons who are residents of the Town of North Andover shall be eligible to hold the office of Trustee. Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Board of Selectmen. Any Trustee who ceases to be a resident of the Town of North Andover shall cease to be a Trustee hereunder and shall promptly provide a written notification of the change in residence to the Board and to the Town Clerk. Any Trustee may resign by written instrument signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and acceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such appointment shall be required so long as there are five Trustees in office. Upon the appointment of any succeeding Trustee and the filing of such appointment, the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder. Nothing in this section shall prevent a Board of Selectmen from appointing the Town Manager as a member of chair of the Board, with or without the power to vote. § 28-4. Meetings of the Trust The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law, Massachusetts General Laws Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees qualified and present in person. § 28-5. Powers of Trustees The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of Massachusetts General Laws Chapter 44, Section 55C: A. With the approval of the Board of Selectmen, to accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other 35 property tendered to the trust in connection with any ordinance or by- law or any general or special law or any other source, including money from the General Laws Chapter 44B. B. With the approval of the Board of Selectmen, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; C. With the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract; D. With the approval of the Board of Selectmen, to sell, lease, exchange, transfer, or convey any personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract; E. To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; F. To employ advisors and agents, such as accountants, appraisers and lawyers as the trustees deem necessary; G. To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable; H. To apportion receipts and charges between income and principal as the trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; I. With the approval of the Board of Selectmen, to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution, to vote any securities or certificates of interest, and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; 36 J. With the approval of the Board of Selectmen, to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board, with the approval of the Board of Selectmen, may deem necessary and appropriate; K. To carry property for accounting purposes other than acquisition date values; L. With the approval the Board of Selectmen and the approval of Town Meeting by a two-thirds majority vote, to incur debt, to borrow money on such terms and conditions and from such sources as the trustees deem advisable, and to mortgage and pledge trust assets as collateral; M. With the approval of the Board of Selectmen, to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes; N. To make distributions or divisions of principal in kind; O. To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of G.L. Chapter 44, Section 55C, to continue to hold the same for such period of time as the board may deem appropriate; P. To manage or improve real property and, with the approval of the Board of Selectmen and Town Meeting, to abandon any property which the trustees determine not to be worth retaining; Q. To hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate; and R. To extend the time for payment of any obligation to the trust. § 28-6. Funds Paid to the Trust Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contribution shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and these funds need not be further appropriated to be expended. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the 37 board within one year of the date they were appropriated into the trust, remain trust property. § 28-7. Acts of Trustees A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. §28-8. Liability Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein. The Trust is a public employer and the Trustees are public employees for the purpose of G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of Massachusetts General Laws Chapter 268A. § 28-9. Taxes The Trust is exempt from Massachusetts General Laws Chapter 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto. § 28-10. Custodian of Funds The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities. § 28-11. Governmental Body The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of Massachusetts General Laws Chapter 39. § 28-12. Board of the Town The Trust is a board of the Town for purposes of Massachusetts General Laws Chapter 30B and Section 15A of Massachusetts General Laws Chapter 40; but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the town shall be exempt from said Chapter 30B. § 28-13. Duration of the Trust 38 This Trust shall be of indefinite duration, until terminated in accordance with applicable law. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded. § 28-14. Recordings The Board of Selectmen may authorize the Trustees to execute, deliver and record with the Registry of Deeds any documents required for any conveyance authorized hereunder or to carry out the purposes and powers of the trust. § 28-15. Titles The titles to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Article. VOTED MAY 21, 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 40. Acquisition of 75 Park Street — Assessors Map 85, Parcel 13 - Former Greenery Property. Unanimously Voted To "Take No Action" to raise, borrow and/or appropriate a sum of money for the acquisition by purchase or eminent domain a parcel of land of approximately 2.55 acres on which are situated two structures; one a three story brick building formerly used as a nursing home (aka the Greenery) and the other a two family dwelling, owned by HRPT Properties Trust, or its successor in ownership, located at 75 Park Street as further described on Assessors Map 85, Parcel 13 and to meet said appropriation with funds transferred and/or borrowed in accordance with MGL Chapters 44 and/or 44B, the Community Preservation Act, or any other enabling authority and to authorize the Treasurer, with the approval of the Board of Selectmen, to issue any bonds or notes that may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications for funds in anyway connected with the scope of this acquisition, and that the Town Manager and/or the Board of Selectmen 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 effect said purchase or eminent domain acquisition. Board of Selectmen VOTED JUNE 49 2007 39 Article 41. Petition the General Court — Exempt Positions of Police Chief and Fire Chief from Civil Service. Voted to authorize the Board of Selectmen to petition the Great and General Court of the Commonwealth to enact a Home Rule Petition exempting the positions of Police Chief and Fire Chief from Massachusetts General Law, Chapter 31, Civil Service, and upon approval of said Home Rule Petition, the following shall become a bylaw of the Town of North Andover: Chapter 45 Public Safety, Chiefs of Police and Fire Departments § 45-1 Exemption from Civil Service Notwithstanding the provisions of any general or special law to the contrary, the provisions of chapter 31 of the General Laws shall not apply to the positions of Police Chief and Fire Chief in the Town of North Andover. § 45-2 Incumbent Status Section 1 shall not impair the civil service status of any person holding the position of Police Chief or Fire Chief on the effective date of this bylaw. § 45-3 Appointment Process The filling of vacancies in the positions of Police Chief and Fire Chief in the Town of North Andover shall include a competitive examination process, which shall provide for an assessment center selection process. At a minimum, the assessment center selection process shall consist of the following components: • A tactical operations exercise (incident simulation); • An exercise to evaluate written problem-solving skills; • Labor relations/negotiation exercise; • Program development/budget preparation exercise; and • Structured oral interview. The Town Manager shall choose an individual or firm qualified by experience and knowledge to conduct the assessment center and shall also appoint the interviewing panel which shall, at a minimum, have two chiefs from the appropriate police or fire discipline to serve on the panel. The recommendations of the interviewing panel shall be forwarded to the Board of Selectmen for their consideration in making the appointment. Board of Selectmen VOTED MAY 21, 2007 YES 65 NO 58 ENACTED AS CHAPTER 158 OF THE ACTS OF 2007 Article 42 — Petition the General Court —An Act Conferring on the Town Manager the Powers of Appointment and Removal Over Police Officers in the Town of North Andover. Voted to Petition the Legislature to adopt the following Act: 40 An Act Conferring on the Town Manager the Powers of Appointment and Removal over Police Officers in the Town of North Andover as follows: SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, except as may otherwise be provided by Massachusetts General Laws Chapter 31, the Town Manager shall have the power, on the basis of merit and fitness alone, to appoint, suspend or remove all police officers below the rank of Chief in the Town of North Andover, subject to the approval of the Board of Selectmen. SECTION 2. Section 1 shall not be interpreted to impair the civil service status of any person holding the position of police officer below the rank of Chief on the effective date of this act. SECTION 3. This act shall take effect upon its passage. Board of Selectmen VOTED MAY 21, 2007 YES 86 NO 41 Article 43. Petition the General Court — Age Exemption — Kevin Farragher — Firefighter. Unanimously Voted to Petition the General Court to enact Legislation so that Kevin P. Farragher shall be eligible to have his name certified for original appointment to the position of firefighter for the Town of North Andover, not withstanding his having reached the age of 32 before taking any civil service examination in connection with that appointment. Kevin P. Farragher shall be eligible for appointment to the position of firefighter in the Town of North Andover if he otherwise qualifies and is selected for employment under Chapter 31 of the General Laws any regulations of the civil service commission and any lawful hiring practices for the Town of North Andover. Petition of Kevin Farragher and others VOTED MAY 21, 2007 ENACTED AS CHAPTER 208 OF THE ACTS OF 2007 Article 44. Petition the General Court to Amend Chapter 3, Section 6.1 — Expand Number of Constables. To see if the Town will vote to authorize the Board of Selectmen to Petition the Legislature to amend the Town Charter for the Town of North Andover by, deleting in item (h) "three". Section 6-1 currently reads: Section 6 Powers of Appointment (Board of Selectmen) 3-6-1 The board shall have the power to appoint: (a) a Town Manager as provided in Chapter 4: (b) town counsel;(c) a town accountant for a term of three years in accordance with Sect. 55 of M.G.L. Chap. 41; (d) a police chief, (e) a fire chief, (f) three members of a board of registrars of voters for overlapping three-year terms; (g) 41 election officers; (h) three constables; and (1) five members and three associate members of a zoning board of appeals for overlapping three-year terms. Petition of James M. Xenakis and others ARTICLE DEFEATED—MAY 211 2007 YES 32 NO 48 Article 45. Adopt Resolution Supporting Establishment of Regional Operations Center for Essex County. Majority Vote to support a feasibility study regarding the establishment of a Regional Emergency Dispatch Operations Center for Essex County; and further to authorize the Town Manager to appoint an individual to serve as the Town's representative to a committee of similar representatives from other municipalities in Essex County who support studying the feasibility of establishing a Regional Emergency Dispatch Operations Center for Essex County and to appropriate $5,000 to fund the town's portion of the expense for the feasibility study. Board of Selectmen VOTED MAY 21, 2007 Article 46. Accept the Provisions of Chapter 39 Section 23 D — Voting Provisions for Town Boards. Unanimously Voted to accept General Laws Chapter 39, Section 23D for all Town Boards, Committees and Commissions which conduct adjudicatory hearings, including but not limited to, the Board of Selectmen, Zoning Board of Appeals, Planning Board, Conservation Commission, Board of Health and Board of Assessors. Petition of Town Counsel VOTED MAY 21, 2007 Article 47. Amend General Bylaws-Chapter 88 Section 8 — Dogs — Nuisances. Voted By Clear Majority to amend Chapter 88 DOGS of the General Bylaws by changing Section 88-8 Nuisances, as follows: Chapter 88, Section 88-8 is to be amended by removing the text shown as stricken, and adding the text shown as underlined. § 88-8 Nuisances and Fines No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance as defined below with the accompanying fine schedule: Barking frequently or for continued duration or making sounds which create a noise disturbance across a rpsidontial real property boundary: First Offense: $25.00, Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Molesting people or chasing vehicles: 42 First Offense: $25.00, Second Offense: $50.00, 3rd and subsequent offenses: $100.00 14abi Attacking people, including biting, or ewer domestic animals: First Offense: $100.00, Second Offense: $200.00, 3rd and subsequent offenses: $300.00 Trespassing upon school grounds or other public land where dogs are banned, or trespassing upon private property i4-4- sue-Ah m s to d'^R4^ge pfepeAy shall be &0+140,a The penalty for violations shall be $25 for the first offense and$50 for each additional offense. First Offense: $25.00 Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Violation of Section 88-1 Leash Required: First Offense: $25.00 Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Violation of Section 88-3 Restraint Order: First Offense: $100.00, Second Offense $200.00 3rd and subsequent offenses: $300.00 Violations of this bylaw may be handled as a non-criminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21 D with the North Andover Police Department including the Community Service Officer beim enforcing officer for violations of this by law. However, nothing in this section shall be construed as limiting the authority of the Board of Selectmen as provided by Massachusetts General Laws, Chapter 140, Section 157. CHAPTER 88 SECTION 8 AS AMENDED TO READ AS FOLLOWS: § 88-8 Nuisances and Fines No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance as defined below with the accompanying fine schedule: Barking frequently or for continued duration or making sounds which create a noise disturbance across a real property boundary: First Offense: $25.00, Second Offense: $50.00, 3" and subsequent offenses: $100.00 Molesting people or chasing vehicles: First Offense: $25.00, Second Offense: $50.00, 31 and subsequent offenses: $100.00 Attacking people, including biting, or domestic animals: First Offense: $100.00, Second Offense: $200.00, 3rd and subsequent offenses: $300.00 Trespassing on school grounds or other public land where dogs are banned or trespassing upon private property. The penalty for violations shall be $25 for the first offense and$50 for each additional offense. 43 First Offense: $25.00 Second Offense: $50.00, 3"and subsequent offenses: $100.00 Violation of Section 88-1 Leash Required: First Offense: $25.00 Second Offense: $50.00, 3rd and subsequent offenses: $100.00 Violation of Section 88-3 Restraint Order: First Offense: $100.00, Second Offense $200.00 3rd and subsequent offenses: $300.00 Violations of this bylaw may be handled as a non-criminal offense in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 21 D with the North Andover Police Department including the Community Service Officer being the enforcing officer for violations of this by law. However, nothing in this section shall be construed as limiting the authority of the Board of Selectmen as provided by Massachusetts General Laws, Chapter 140, Section 157. Board of Selectmen VOTED MAY 2112007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 48. Amend Chapter 69 of the General Bylaws — Fire Alarms. UNANIMOUSLY VOTED to amend the General Bylaws for the Town of North Andover, Chapter 69, Article I (Fire Detection and Alarm Systems), Sections 69-1 through 69-8.1) by replacing the existing text in its entirety. This bylaw is being updated to recognize new alarm technology, and for other purposes. Chapter 69, Sections 69-1 through 69-8.1 are to be amended by removing the text shown as stricken, and adding the text shown as underlined. ARTICLE I Fire Detection and Alarm Systems § 69-1 Purpose and Scope This by-law shall apply to the installation, operation and maintenance of fire and medical aid alarm systems. Fire, carbon monoxide and medical aid alarm systems shall include systems connected to the North Andover Fire Department by municipal fire alarm circuit, direct wire, wireless, or on a telephone dial up basis and systems which use exterior audible signals at the alarm location as a function of the connected system. By definition, "Alarm Systems" are those installed for the purpose of notification to the proper response authority of an emergency situation at a property where the component devices of the system are installed. § 69-2 Alarm Installation and Permit Requirements 44 a. As of the effective date of this by-law, no alarm system or equipment designed to summon the Fire Department shall be installed without a permit signed by the Fire Chief or his designee. Existing, fke alat:ireyste -s miustobtain rir� efffl, .;+1,;,. th fe0 !2l „, RthS Of the off etiVe date Of+1.;S by 1.,«. The Fife ! hief j1,.,11 �-rc�mr-cnrcc-�� crrcccrcti-ccuccrnrccrr ,Boat ..,-, fn,-M fn,- ahe, of this by law. The foo fn,- this ala++, -sh ll l,v +o„ .1„11-A, (Q 1 n 00) Tke lamigva, Pej3 ,-n4e++ sl,gll be, to l to i + the ;,,SWlAti(4, Af+a, ;rte .lo+; .,, f r Wh;Gh x411 be, feo of f;f+oor loll., The issuance of permits shall be in compliance with Massachusetts General Law Chapter 148 Section 10 A. Changes in the permit or inspection fees may be made with sixty (60) days notice to the general public and with the approval of the Board of Selectmen. b. Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises. c. W C. Actual connection to the Fire Department's alarm receiving system will be made only by an installer approved by the Fire Chief for this service through the issuance of a permit as per Massachusetts General Law Chapter 148 Section 10A. D. As of July 1, 2007 connection to the Fire Department's alarm receiving system will be performed only through approved radio master fire alarm boxes. E. As of July 1, 2007 all buildings and structures connected to the Fire Department's alarm receiving system will be advised that as of July 1, 2012 master fire alarm boxes connected through the hard wired municipal circuit system must be replaced with a radio master box compatible with the Fire Department's alarm receiving equipment. The master boxes on the buildings remain the property of the property owner but must be removed from their location to avoid perceptions that they are connected to the Fire Department. These wireless devices shall be installed and maintained in accordance with the appropriate sections of the then current editions of the following NFPA Standards: NFPA 72 National Fire Alarm Code- NFPA 1221 Standard for the Installation, Maintenance and Use of Emergency Services Communication Systems— NFPA 70 National Electrical Code and all reference documents contained within these codes and the related rules and regulations of the North Andover Fire Department. F. The alarm system owner or user, or the alarm company contracting for the servicing of the alarm users system, shall be responsible for obtaining alit= Fi,.o r,epaftiment a1a:m nt. the care and maintenance of the wireless master fire alarm box transmitting device. G. The Fire Department will make every effort to insure the proper operation of iS the alarm receiving equipment, but accepts no liability for conditions, which prevent proper reception of signals from the user's premises. The mounting locations for radio boxes shall require pre-approval of the North Andover Fire Department. 45 § 69-3 Alarm Disconnection and Alteration Notice Whenever an alarm system or equipment is to be disconnected, removed or altered, the owner or user thereof shall notify the Fire Department in This notice shall be den€ in accordance with :Uss. &Hildii4g oodeS ion }2 ti�3 MRinionano� aPd M.G.L. Chapter 148 Section 10A, Section 27A, and Section 28. § 69-4 Automatic Shut Off Requirement All alarm systems installed after the effective date of this bylaw which use an exterior audible alarm device(s), shall be equipped with a timing unit, which silences the exterior audible device no less than five minutes and no more than ten minutes after the activation of the alarm system. siieh deviee w"iii �welve (12) months afteF the effeetive date of this by 1 This section shall not apply to audible automatic fire sprinkler alarm bells either mechanical or electrical, which are used to indicate water flow. § 69-5 Alarm System Regulations and Maintenance A. Each alarm user shall submit to the Fire Chief, the names, addresses and telephone numbers of at least two (2)persons who can be reached at any time, day or night, who are authorized to gain access to the protected premises for the purpose of silencing and resetting the alarm system. It shall be the alarm users responsibility to keep this information up to date and current. In addition, each control panel shall have located inside the door, the above mentioned information, as well as the name, address and twenty-four (24) hour telephone number of the company or individual who currently services the system. B. Written instructions for re-setting the alarm system shall be clearly visible on, or adjacent to, the system control panel. Once activated, the system shall not be reset prior to the arrival of the Fire Department. Any attempt to reset a system connected directly to the Fire Department shall be considered a violation of Massachusetts General Law Chapter 268 Section 32 of the ...r en368 (tampering with a fire alarm signal). If after three (3) attempts by the fire department, a zone of system will not reset, the zone, or system, shall be left in an un-restored condition. The Fire Department will attempt to notify the responsible parties identified in Section 69- 5 (a) of this by-law. The Town assumes no liability for inability to contact listed persons or companies. The Fire Chief or his designee may assign a paid detail to monitor the premises until such responsible parties have arrived at the protected location. The cost of that detail and any equipment associated with it shall be born by the owner,purchaser, lessee or renter of the system. 46 C. All premises shall have their legal street numberop sted clearly visible as per ? isting town by yaw Massachusetts General Law Chapter 148 Section 59 prior to connection of any alarm to the Fire Department. D. All premises requiring a secured key access box as per Town by-law Section 68- 4-4 69-8.1 shall have the device installed prior to issuance of a fire alarm permit. § 69-6 Alarm Tests No alarm system designed to transmit emergency messages or signals directly to the Fire Department or through the dispatch center for the fire department shall be worked on, tested or demonstrated without first obtaining permission from the Fire Chief or his designee in accordance with Massachusetts General Law Chapter 148 Section 27A. An alarm transmitted when such work is being performed without permission will constitute a false alarm and subject to the fee assessment as shown in Section 7.0. § 69-7 False Alarm Assessment A. Alarm systems which generate false alarms in atw �welye (12) shall be subject to the following assessment initially established: Fire Alarm, Carbon Monoxide Alarm & Emergency Medical Systems FALSE ALARM ASSESSMENT I THROUGH 3 NONE 4 THROUGH 5 Q7n�GN $300 EACH 6 OR MORE $500 EAG14 The current costs for all the personnel and equipment that respond to each call. The Fire Chief shall have the authority to waive the assessment if in his judgment extenuating circumstances justify such a waiver. After a third false alarm within twelve met4 s, the Fire Chief shall notify the responsible party in writing that the next false alarm incident within the ,.,,.+ent twelve (12) month period, fFem the deAe of the first false , will result in an assessment charge. Alarm users who present a valid service contract or similar agreement for the protected property will receive a twenty-five dollar ($25.00) fel credit against any assessment the -fei-44hsg-a1_A__Pfl±:9fl4y. It is the intent of this section to have the system maintained on a regular basis. 47 B. False alarms caused by faulty telephone service, municipal equipment or electrical storms will be excluded from assessment. C. False alarms received during the first thirty (30) days following installation shall be diseetinted not be counted for the puMoses of false alarm assessment, provided no malicious intent has occurred and every attempt has been made to rectify new installation defects. D. Determination that a false alarm has been transmitted will be the judgment of the Fire Chief or his duly appointed duty officer. E. Any person(s) who maliciously and/or intentionally activates a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation, shall be fined. ($988:04)} § 69-7.1 Connection Fees Each alarm user shall on or before October 1't of each year remit to the Fire Department a service fee for the coming year for Master Fire Alarm Boxes and Digital Alarms. The fees shall be established by the Board of Selectmen. shall be ehafged a fee f6f:the initial fire alarm bo�i only. Those properties that convert to a radio control Master Box that is compatible with the North Andover Fire Department receiver shall no longer be billed the fee once the radio box is properly installed and functioning as approved by the North Andover Fire Department. Fire alarm system devices owned by the Town of North Andover shall be exempt from the provisions of Sections 69-7 and 69-7.1. Until a new fee is established by the Board of Selectmen, the Town shall continue to charge the same fees that were in effect immediately prior to the effective date of this bylaw. § 69-7.2 Violations The following acts shall constitute a violation of these regulations and the responsible person or persons shall be punished by a fine of not less that $50.00 nor more than $200.00 per offense. (Each day in which a violation occurs will be considered a separate offense.) a. Failure to follow an order issued by the Fire Chief to disconnect a fire alarm system automatic notification device. b. Using a telephone-dialing device arranged to dial a Fire Department number without authorization under this by-law. 48 c. Failure to pay any fee assessed under either or both Sections 69-7 or 69-7.1 of these regulations within sixty(60) days from the assessment. d. Failure to comply with the requirements set forth in these regulations. e. Continued transmission of false alarms caused by the user's negligence or system malfunctions on the premises under the user's control where no effective effort is made to correct the condition. £ Knowingly failing to maintain any alarm system, covered by this by-law, in proper working order. g. Causing, through negligence, a condition, which interferes with the operation of, or causes damage to the municipal fire alarm system. h. Maliciously and/or intentionally activating a fire alarm device which automatically transmits an alarm to the Fire Department, when there is no fire or emergency situation. § 69-8 Forcible Entry of Unoccupied Premises When the Fire Department responds to an alarm of fire, transmitted by a fire detection and alarm system, where the premises are unoccupied; the Department is unable to gain access to the structure; and is unable to contact any of the individuals listed, for access; the Fire Officer in command, may, if he has reasonable concern or suspicion that a fire exists within the structure, make a forcible entry to determine whether or not fire conditions exists. If this action becomes necessary, the Fire Officer shall: A. Notify the Police Department of this action. B. Secure the premises insofar as feasible. C. Continue efforts to contact the individuals listed as responsible for the structure. D. Enter the action taken in the Fire Department log. § 69-8.1 Secured Key Access Any building other than a residential building of fewer than six (6) units which has a fire alarm system or other fire protection systems shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall be a type approved by the Chief of the North Andover Fire Department and shall be located and installed as approved by the Chief, Any building owner violating this Article after receiving due notice by the Fire Department shall be subject to the provisions of the Non-Criminal Disposition Violations Chapter 40 §21D. Fire Chief VOTED MAY 21, 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 49. Repeal General Bylaw, Chapter 101 Section 2 — Fees, Residuals Management Facility - Fee in Lieu of Taxes. Unanimously Voted to amend the General Bylaws of the Town of North Andover by deleting Chapter 101 Section 2, "Fees; 49 Residuals Management Facility— Fee in Lieu of Taxes" in its entirety. This section was previously adopted under Article 17 of the 1998 Annual Town Meeting; Board of Selectmen VOTED MAY 21, 2007 APPROVED BY ATTORNEY GENERAL OCTOBER 2, 2007 Article 50. Omnibus Street Acceptance. Unanimously Voted to accept the following streets as public ways, as laid out by the Selectmen in accordance with Massachusetts General Law, Chapter 82: Flagship Drive (an extension thereof) - A roadway extending from the terminus of Flagship Drive as accepted under Article 22 of the 1991 Annual Town Meeting to a cul-de-sac. Willow Street (South) Extension - A roadway extending from the extension of Flagship Drive described above, approximately 2,600 feet, to a segment of Willow Street. Willow Street (a portion thereof) - A roadway extending from an end of Willow Street (South) Extension described above, approximately 900 feet, to a line in the existing Willow Street as shown on the street layout plan referred to below; Bayfield Drive A roadway extending from Willow Street (South) Extension described above, to Andover Bypass, as shown on the street layout plan referred to below, which plan shows no access to Andover Bypass. Board of Selectmen VOTED MAY 2112007 Article 51. Street Acceptance — LonjZ Pasture Road — Ott Forest Street. Unanimously Voted To "Take No Action" to accept the following roadway as a public way: Long Pasture Road, as shown on a plan entitled, "Street Acceptance Plan prepared for Long Pasture Road in North Andover, MA, Scale 1"= 40',Date: May 2005, Christiansen & Sergi, Professional Engineers, Land Surveyors, 160 Summer Street, Haverhill, MA 01830, Tel: 978-373-0310" which is on file with the Town Clerk of North Andover. Petition of Domenic J. Scalise and others VOTED MAY 21, 2007 50 On Motion of Thomas Licciardello, duly seconded by Mark J.T. Caggiano the 2007 Annual Town Meeting for the Town of North Andover dissolved by Unanimous Vote at 10:05 PM on June 4, 2007. Joyce A. Bradshaw,CMMC,Town Clerk 51