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HomeMy WebLinkAboutBASE-2010 ANNUAL TOWN MEETING-DRAFT-MARCH 112010 WARRANT-JAB �ORTH Of .ao eg4'O O P Y oo F ` S y9SSACH115Et 9 DRAFT - JAB Town of North Andover Annual Town Meeting Warrant May 11, 2010 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, as amended, and our North Andover Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants of the Town of North Andover who are qualified to vote in Town affairs to meet at the North Andover High School, 430 Osgood Street Tuesday May 11, 2010, at 7:00 PM then and there to act upon the following articles: Article A. Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees; Or to take any other action relative thereto. Board of Selectmen Article B. Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2009 Annual Town Report; Or to take any other action relative thereto. Board of Selectmen Article C. Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, 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; Or to take any other action relative thereto. Board of Selectmen 1 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Article D. Authorization to Accept Grants of Easements. To see if the Town will vote 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; Or to take any other action relative thereto. Board of Selectmen Article E. Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; Or to take any other action relative thereto. Board of Selectmen Article F. Compensation of Elected Officials. MAJORITY VOTE to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows: Board of Selectmen/Licensing Commissioners, per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person, per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Or to take any other action relative thereto. Board of Selectmen Article G. Amend General Fund Appropriation For Fiscal Year 2010. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2010 as voted under Article 13 of the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article H. Amend Water Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 18 Water Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article I. Amend Sewer Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 19 Water Enterprise Fund Appropriation - Fiscal Year 2010 at the 2009 Annual Town Meeting; 2 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Or to take any other action relative thereto. Board of Selectmen Article J. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2010. To see if the Town will vote to amend the vote taken on Article 20 Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2010 at the 2009 Annual Town Meeting; Or to take any other action relative thereto. Board of Selectmen Article K. Prior Years Unpaid Bills. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of paying unpaid bills of prior years of the Town listed below; Or to take any other action relative thereto. Board of Selectmen Article L. Amend Capital Improvement Plan Appropriations from Prior Years. To see if the Town will vote to amend prior Capital Improvement Plan Appropriation for prior Fiscal Years as voted by: A. Transfer unexpended bond proceeds from the FY2008 Capital Improvement Plan, May 14, 2007 Annual Town Meeting, Article 21, Line 23, "Waverly Road Relief Sewer Main", an amount not to exceed $495,000 to fund a new project "Sutton Street Sewer Improvements". B. Transfer unexpended bond proceeds or other funding sources from May 13, 2008 Annual Town Meeting, Article 22, "Preschool Facility" an amount not to exceed $164,000 to the "Appropriation of funds for Modular School Buildings Project", May 12, 2009 Annual Town Meeting, Article 24. Or to take any other action relative thereto. Board of Selectmen Article M. General Fund Appropriation Fiscal Year 2011. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen Article N. Water Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Water Enterprise Fund Revenues, transfer from available funds or otherwise 3 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 provide a sum or sums of money for the purpose of funding the Water Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen Article O. Sewer Enterprise Fund Appropriation-Fiscal Year 2011. To see if the Town will vote to appropriate from Sewer Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Sewer Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen Article P. Stevens Estate at Osgood Hill Enterprise Fund Appropriation -Fiscal Year 2011. To see if the Town will vote to appropriate from Stevens Estate at Osgood Hill Enterprise Fund Revenues, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the Stevens Estate at Osgood Hill Enterprise Fund for the Fiscal Year beginning July 1, 2010 and ending June 30, 2011; Or to take any other action relative thereto. Board of Selectmen Article Q. Capital Improvement Plan Appropriation Fiscal Year 2011. 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 for Fiscal Year 2011 as detailed below, provided that, pursuant to Massachusetts General Laws and Chapter 59-5 C of the General Bylaws of the Town of North Andover, for any capital project in excess of$500,000 or any other appropriation, the Town may, by vote of the Town Meeting, have the following condition added to it: "provided that this appropriation and debt authorization be contingent upon passage of a Proposition 2 1/2 debt exclusion referendum under General Laws Chapter 59, Section 21C(k)": FY 11 Capital Improvement Plan Requested Line # Project Description Division Amount General Fund 1 Roadway Improvements Public Works $380,000 2 Sidewalk Reconstruction Public Works $50,000 3 Senior Center Roof Replacement Public Works $26,000 4 Facilities Master Plan Town Manager $150,000 4 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 5 Police Station Equipment Police $405,000 School Information Technology Network Information 6 Equipment Technology $1,148,000 Information 7 Revenue Billing Software Technology $90,000 8 Middle School Roof Replacement School $310,000 9 Body Armor Replacement Police $40,000 10 Fire Department Radio Equipment Fire $432,000 11 Dump Truck, 2 Ton with Plow Public Works $55,000 12 Fire Sprinkler System at Kittredge School School $450,000 13 Phone systems at Elementary Schools School $180,000 Water Enterprise Fund Water Enterprise 14 Meter Replacement Fund $450,000 Or to take any other action relative thereto. Board of Selectmen Article R. Establishment of Revolving Funds. To see if the town will vote to authorize the following revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E '/z for the Fiscal Year beginning July 1, 2010; Or to take any other action relative thereto. Board of Selectmen Article S. Report of the Community Preservation Committee and Appropriation From the Community Preservation Fund. To receive the report of the Community Preservation Committee and to see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; Or to take any other action relative thereto. Community Preservation Committee Article T. Continuation of Massachusetts General Laws Chapter 59 Section 5K— Senior Work Program — Funding of $18,000. To see if the Town will vote to continue the provisions of Massachusetts General Law, Chapter 59 Section 5K which establishes a program to allow persons over the age of 60 to volunteer 100 hours per year to provide services to the Town to reduce their real estate property tax provided, however, that any rules and regulations promulgated by the Board of Selectmen to implement this program establish an amount to be allocated under this program in the amount of$18,000; (DO WE NEED TO STATE WHERE IT COMES FROM?? 5 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Or to take any other action relative thereto. Council on Aging Article U -1. Amend Zoning Bylaw-Section 2.63.1 — Si2n, Area of. To see if the Town will vote to add a new definition in the Zoning Bylaw as follows: 2.63.1 Sign,Area of (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols; Or to take any other action relative thereto. Article U-2. Amend Zoning Bylaw Section 5.1.1-Earth Removal. To see if the Town will vote to amend Section 5.1.1 of the Zoning Bylaw by deleting the stricken words and adding the underlined words as follows: 5.1 General 1. Excavation, removal, stripping, or mining of any earth material exeept as hefei aft°r wed on any parcel of land, public or private, in North Andover, is prohibited, except as allowed by Section 5.4 Permits for Earth Removal; Section 5.5 Earth Removal Incidental to Development, Construction or Improvements: and Section 5.6 Miscellaneous Removal of Earth. Or to take any other action relative thereto. Article U -3. Amend Zoning Bylaw-Section 7.3 - Setbacks. To see if the Town will vote to amend Section 7.3 of the Zoning Bylaw by adding the underlined words in the first paragraph and adding Sections 7.31, 7.32 and 7.33 as follows: 7.3 Yards (Setbacks) Minimum front, side and rear setbacks shall be as set forth in Table 2, except for eaves and uncovered steps, and projections, as noted in sections 7.31, 7.32 and 7.33. Buildings on corner lots shall have the required front setback from both streets, except in Residence 4 (R4) District, where the setback from the side street shall be twenty (20) feet minimum. 6 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 §7.31 —Projections into Front Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required front yard. §7.32 —Projections into Side Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required side yard. §7.33 —Projections into Rear Yards Uncovered porches, Balconies, open fire escapes, chimneys and flues all may project into a required side yard not more than one-third of its width and not more than four feet in any case. Belt courses, fins, columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices and gutters not more than two feet, over a required rear yard. Or to take any other action relative thereto. Article U-4. Amend Zoning Bylaw-Section 9.3- Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts. To see if the Town will vote to amend Section 9.3.a of the Zoning Bylaw by adding "and two family" as follows: 9.3 Pre-Existing Non-conforming Single Family Residential Structures and Uses in the Residential 1, Residential 2, Residential 3, Residential 4 and Residential 6 Districts: a. Pre-existing Non-conforming Single Family Structures: Pre-existing non-conforming single family and two family residential structures in the R1, R2, R3, R4 and R6 Districts, may be changed, extended or altered, provided that there is a finding by the Zoning Enforcement Officer (Building Commissioner) that such change, extension, or alteration shall not render the structure more nonconforming than the existing structure. Or to take any other action relative thereto. Article V. Amend North Andover Zoning Bylaw— Section 4.121 Residence 1, 2 and 3. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.121 in order to allow professional offices in an existing structure on municipally owned property within the R-2 District containing a minimum of 50 acres. Amend Section 4.121 by adding the underlined language to read as follows: 7 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 4.121 Residence 1 District Residence 2 District Residence 3 District 21. Professional offices in an existing structure located on municipally owned property within the R-2 District containing a minimum of fifty (50) acres. Or to take any other action relative thereto. Board of Selectmen Article W. Amend General Bylaws Chapter 127-Add New Section, Section 2, Dealers of Secondhand Precious Metals Or Gems. To see if the Town will vote to amend Chapter 127 Junk Dealers of the General Bylaws of the Town of North Andover to read Junk Dealers/Dealers of Secondhand Precious Metals or Gems as follows: 127-2 Purchases: a. All purchases by persons licensed under this provision shall be recorded in a bound book in which shall be plainly written at the time of purchase, name address, age, date, time and description of items purchased and signature of persons selling items. Positive photo identification from everyone selling any item must be shown. There shall be no purchase from a minor. All purchases of precious metals shall be made on licensed premises only. A report shall be filed with the Chief of Police on the forms provided by him of all purchases made that day. b. There shall be a fifteen-day holding period within the town or a place designated by the Chief of Police, for all items purchased. All items purchased shall be made available for inspection by the Police Department, T own Manager or his designee. No item shall be altered during the fifteen-day holding period. If purchasing from other dealers, the licensee shall maintain the same records and same book for the same period as previously stated. (State law reference M.G.L.Ch266,§142) Or to take any other action relative thereto. Article X. Amend Chapter 129 of the General Bylaws — Add New Section-Section 2- Fortunetellers. To see if the Town will vote to amend the Chapter 129 General Bylaws of the Town of North Andover by adding a new section, Section 2, Fortuneteller to read as follows: 129-2 Fortunetellers 129-2-1 Definition Any person going under the title of fortuneteller, reader, adviser or seer, medium, healer or spiritualist, palm reader, card reader or physic shall be deemed a fortuneteller, for the purpose of this bylaw 8 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 129-2-2 License Required— Qualifications of Applicant It shall be unlawful for any person to engage in the business of fortuneteller without first obtaining a license for the Licensing Commission. Application for licenses shall be made on forms to be provided by the license commission and shall include the applicant's complete identification, signature and proposed method of operation. A statement shall be submitted with any application from the Criminal History Town Clerk Or to take any other action relative thereto. Article Y. Amend Zoning Bylaw Section 8.9 Wireless Service Facilities. To see if the Town will vote to amend Section 8.9 of the Zoning Bylaw for the Town of North Andover by deleting Section 8.9 in its entirety and replacing it with the following: WILL INSERT COPY OF FINAL REVISED BYLAW. Or to take any other action relative thereto Article Z. Amend North Andover Zoning Bylaw— Section 4.133 Industrial 2 District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.133 in order to allow alternative energy uses as-of-right. 4.133 Industrial 2 District 11. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. Amend Section 4.133 by adding the underlined language to read as follows: 4.133 Industrial 2 District 11. a. Light manufacturing, including manufacturing, fabrication, processing, finishing, assembly, packing or treatment of articles or merchandise provided such uses are conducted solely within a building and further provided that such uses are not offensive, noxious, detrimental, or dangerous to surrounding areas or the town by reason of dust, smoke, fumes, odor, noise, vibration, light or other adverse environmental effect. b. Renewable or alternative energy research and development facilities, renewable or alternative energy manufacturing such as wind, solar, biomass, and tidal on any lot with a minimum of 9 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 twenty-five (25) acres; less than twenty-five (25) acres but a minimum of ten (10) acres by Special Permit. Or to take any other action relative thereto. Board of Selectmen Article AA. Amend North Andover Zoning Bylaw— Section 4.137 Floodplain District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 4.137 Floodplain District in order to make minor adjustments so that the Bylaw accurately reflects the correct flood maps and Building Code reference. Amend Section 4.137 by adding the underlined language and deleting the [bolded/bracketed] language to read as follows: 4.137 Floodplain District 2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD EVALUATION AND FLOODWAY DATA The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the Massachusetts State Building Code, 780 CMR 120.G [Section 3107] "Flood Resistant Construction" and any other applicable local, state or federal requirements. The District includes all special flood hazard areas designated on the North Andover Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NEIP dated June 2, 1993 as Zone A, AE, AH, AO, A99, [and the FEMA Flood Boundary & Floodway Map dated June 2, 1993, both maps] which indicate the 100 year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood evaluations shown on the FIRM and further defined by the Flood Insurance study booklet dated June 2, 1993. The FIRM [, Floodway Maps] and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building and Conservation Commission. 5. REFERENCE TO EXISTING REGULATIONS The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: a. Section of the Massachusetts State Building Code which addresses Floodplain and coastal high hazard areas (currently 780 CMR 120.G [3107.0] "Flood Resistant Construction"); Or to take any other action relative thereto. 10 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Article BB. Amend Chapter 45 of the General Bylaws- Public Safety, Chiefs of Police and Fire Departments. To see if the Town will vote to amend Chapter 45 of the General Bylaws as follows: Add the following sentence at the end of Section 45=3 Appointment Process: "In the event that a Fire Chief or Police Chief chosen pursuant to this section shall retire, resign, or otherwise terminate employment as the Chief within three years after appointment, the Board of Selectmen may use the results of the assessment center selection process that was used in selecting the Chief in selecting a replacement Chief, provided all candidates who apply to replace the Chief participated in that assessment center selection process." Or to take any other action relative thereto. Board of Selectmen Article CC. Fire Department Contract Award. DO WE NEED THIS ARTICLE Or to take any other action relative thereto Article DD. Acceptance of Massachusetts General Laws- Chapter 3213,Section 20. An Act Providing For The Establishment Of Other Post Employment Benefits Liability Trust Funds In Municipalities And Certain Other Governmental Units. To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 32B, Section 20; Or to take any other action relative thereto. Board of Selectmen Article EE. Amend Chapter 28 Section 5C of the General Bylaws. To see if the Town will vote to amend Chapter 28 Section 5C the General Bylaws of the Town of North Andover. Chapter 28, Section 5C is to be amended by removing the text shown as stricken: CHAPTER 28 -HOUSING TRUST FUND § 28-5. Powers of Trustees 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; 11 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Or to take any other action relative thereto. Board of Selectmen Article FF. Petition the Legislature- Change the Structure of Essex Regional Retirement Board. To see if the Town will agree to endorse a state legislative petition to make certain reforms to the Essex Regional Retirement Board, including a bar on the same person serving as chairman of the board and chief executive officer , and including such other reforms as the legislature deems necessary to restore sound and prudent management of the board; Or to take any other action relative thereto Board of Selectmen Article GG. Amend General Bylaws Chapter 44-Public Meetings- Section 1- Televising of Land Use Board Meetings. To see if the Town will vote to amend Chapter 44 — Public Meetings Section 1 — Televising Land Use Board Meetings to be amended by removing the text shown as stricken, and adding the text shown as underlined. § 44-1 Televising of Ifand Jw Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, and Finance Committee shall be broadcast live over the local cable television network unless emergency or operational or technical conditions suspend the requirements hereof, as determined by the Town Manager or the Manager's designee. All such meetings shall occur in the Town Hall second floor meeting room. All such meetings shall have posted agendas of discussion items and application names in the Town Hall and on the Town website or on the cable television network twenty-four hours prior to the meeting time. If there is a scheduling conflict with the use of the meeting room, the Town Manager or the Manager's designee, shall have the discretion to determine which Board shall have use of the room. Nothing contained in this bylaw shall be so construed as to conflict with the requirements of the Open Meeting law, M.G.L. Chapter 39, Section 23B. A violation of this bylaw or a failure to comply with this bylaw shall not be grounds for challenging or invalidating any actions taken at any meeting of the Planning Board, Zoning Board of Appeals, Board of Health or Conservation Commission. Or to take any other action relative thereto. Board of Selectmen Article HH. Amend Zoning Bylaw— Section 3.1, Establishment of Districts. To see if the Town will vote to add to the Zoning Bylaw, Section 3.1, Establishment of Districts, the following: "Wireless Telecommunications Overlay District" 12 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Or to take any other action relative thereto. Board of Selectmen MUST BE ADDED AFTER WIRELESS ARTICLE Article IL Petition the General Court — Age Exemption — Christopher M. Dufresne — Firefi2hter. To see if the Town will vote to Petition the General Court to enact Legislation so that Christopher M. Dufresne 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. Christopher M. Dufresne 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; Or to take any other action relative thereto. Petition of Christopher M. Dufresne and others Article JJ. Amend Section 16.2 of the Town of North Andover Zoning Bylaws. To see if the Town will vote to amend the Zoning Bylaws by inserting the following language: "Drive—thru restaurants shall be permitted within the CDD1 zone provided they are located more than 250 feet from the R6 zoned district." The purpose of this article is to promote the Town's stated public policy goal of increasing North Andover's commercial tax base along Route 114by encouraging the highest and best use of those properties pursuant to Massachusetts General Law. This commercial revenue will benefit the schools, police, fire, and public works departments of the Town without increasing residential property taxes. This article also restores a business use to the impacted properties on Route 114 that was previously approved at town meeting by the citizens of North Andover. Or to take any other action relative thereto. Petition of Scott Hajjar and others Article KK. Instuctional Motion to the North Andover FINCOM and Board of Selectmen. To see if the Town will vote to instruct the North Andover FINCOM and Board of Selectmen to add a warrant article to every annual town meeting which will enable town meeting to approve or disapprove the funding of collective bargaining as required and specified under Massachusetts General Laws Chapter 150E, Section 7 (b); Or to take any other action relative thereto. 13 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 Petition of Peter Besen and others Article LL. Change Annual Town Meeting Day. To see if the Town will vote to change Annual Town Meeting from being held on a weekday evening(s) schedule to an all day Saturday schedule. The purpose of this article is to encourage increased town-wide citizen participation among registered voters who wish to exercise their civic duty to the town and its future. A Saturday schedule will allow for better child care options for parents who wish to attend more flexibility of attendance , provide safer daylight driving conditions for seniors, allow less conflict with voter work schedules, limit the meeting to only one day (start to finish) and provide new opportunities for community fundraising, educational events and community celebration to occur simultaneously; Or to take any other action relative thereto. Petition of Steven Tryder and others Artilce MM. Election of Planning Board Members. To see if the Town will vote to amend Chapter 6 of the Town Charter, more specifically Section 1 of the General provisions of that chapter, (6-1-1)so as to include the Planning Board to the list of officers and boards to be elected by vote of the town. The Planning Board shall consist of five members and shall be elected at large for three-year overlapping terms. The purpose of this article is to allow the Planning Board to be elected by vote of the town, thereby promoting greater citizen participation and transparency in decision making processes that are important to the town's future growth and development. An elected Planning Board is consistent with the majority of towns within the Commonwealth that have the same town meeting form of government as North Andover where 70% of such communities elect their planning boards according to Massachusetts Municipal Association. Electing the Planning Board shall ensure the interests of the town and its citizens are fairly and objectively represented and in keeping with government by its citizens and for its citizens; Or to take any other action relative thereto. Petition of Alan Swahn and others 14 DRAFT 2010 ATM WARRANT—JAB-MARCH 18, 2010 15 DRAFT 2010 ATM WARRANT-JAB-MARCH 18, 2010