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HomeMy WebLinkAbout2018-05-15 Town Meeting Minutes May 15, 2018 Annual Town Meeting Minutes Town Moderator Mark S. DiSalvo called the 2018 Annual Town Meeting to order at 7:04 PM in the Auditorium of the North Andover High School 430 Osgood Street on Tuesday May 15, 2018. At this year’s Annual Town Meeting in North Andover, Moderator Mark DiSalvo paid tribute to William Symmes Jr., son of the famous Rev. William Symmes, who was elected to represent Andover at that historic moment in time, as this year marks the 320th anniversary of the U.S. Constitution’s ratification.Symmes had gone to the convention to oppose the new government, but left supporting it, causing a ripple effect that helped bring the U.S. Constitution to reality. Moderator DiSalvo introduced Board and Committee members and participating Town Officials. He summarized the Simplified Rules of Parliamentary Procedure which are printed in their entirety in the Report of the Finance Committee. There is no quorum requirement for any Annual or Special Town Meeting as established by Article 14 of the 1999 Annual Town Meeting and approved by the Attorney General on July 27, 1999. Moderator DiSalvo explained the voting procedure using raised cards for voting and the implementation of the bylaw allowing votes to be declared by the Moderator for issues requiring a two-thirds vote at each session. Check lists showed a total of 387 voters present. Registrars Carrie M. Crouch, Linda McHugh, and Alexandra Mezzina coordinated check in. A motion was made by Phil DeCologero,75 Meadow Lane Chairman of the Board of Selectmen, seconded by Rosemary Connelly Smedile 65 Greene Street, to dispense with the reading of the warrant, and with the reading of the constable’s return of service of that warrant and further moved that the Moderator not be required to read articles of the warrant verbatim, but to be allowed to refer to articles by number and by subject matter; and further that amendments need not be read but are to be voted upon as displayed or otherwise provided, in print, to the voters in attendance. Motion unanimously approved. Article 1: Reports of Special Committees. Unanimous vote to hear the reports of any appointed special committees. No reports given. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Article 2: Reports of Receipts and Expenditures. Unanimous vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2017 Annual Town Report. Board of Selectmen Board of Selectmen Recommendation: Favorable Action 1 Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. Unanimous vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, §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 at least four (4) members of the Board of Selectmen or the School Committee, as appropriate. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 4: Authorization to Accept Grants of Easements. Unanimous 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 or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 5: Authorization to Grant Easements. Unanimous vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and conditions the Board and Committee deem in the best interest of the Town. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 6: Amend General Bylaws-Chapter 44 Public Meetings, Section 1 Televising of Board Meetings. To see if the Town will vote to amend Section 44-1 of the General Bylaws as follows: § 44-1 Televising of Board Meetings All meetings of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation Commission, Community Preservation Committee, Board of Selectmen, School Committee 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, the school administration building meeting room, or other locations as determined by the Town Manager or the Town Manager’s designee. Notice of all such meetings shall be posted in accordance with the requirements of the Open Meeting Law, Massachusetts General Law, Chapter 30A, Sections 18-25 and shall contain the date, time and place of such 2 meeting and a listing of topics that the chair reasonable anticipates will be discussed at the meeting, including application names. If there is a scheduling conflict with the use of the a 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. c.30A, Sections 18-25. 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, Conservation Commission, Community Preservation Committee, Board of Selectmen, School Committee or Finance Committee. Board of Selectmen Board of Selectmen Recommendation: Favorable APPROVED BY ATTORNEY GENERAL SEPTEMBER 10, 2018 Article 7: Adoption of General Bylaws - Recodification. Unanimous vote to accept and approve the renumbering and revision of the various bylaws of the Town as set forth in the Final Draft of the Code of the Town of North Andover, dated March 2018 and said Code being a recodification and revision of the present bylaws of the Town. All bylaws of a general and permanent nature, as amended, heretofore in force and not included in the Code shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law, and such repeal shall not apply to or affect any bylaw, order or article heretofore adopted accepting or adopting the provisions of any statute of the Commonwealth. These bylaws shall be referred to as the “Code of the Town of North Andover, Massachusetts.” Town Manager Board of Selectmen Recommendation: Favorable Action APPROVED BY ATTORNEY GENERAL DECEMBER 5, 2018 Article 25 taken out of order. Article 25: Adoption of Zoning Bylaws - Recodification. Unanimous vote to accept and approve the renumbering and revision of the Zoning Bylaw of the Town from its original numbering, as amended through the May 16, 2017, Annual Town Meeting as set forth in the Final Draft of the Code of the Town of North Andover, dated March 2018, said codification of the Zoning Bylaw being a codification and revision of the present Zoning Bylaw, including amendments thereto. All Zoning Bylaws, as amended, heretofore in force, shall be repealed, except that such repeal shall not affect any suit or proceeding pending as the result of an existing law. The Zoning Bylaw shall be codified as Chapter 195 of the “Code of the Town of North Andover, Massachusetts.” Town Manager Board of Selectmen Recommendation: Favorable Action APPROVED BY ATTORNEY GENERAL DECEMBER 5, 2018 3 Article 8: Authorization to Accept the Donation of Land on Sutton Street. Majority vote to authorize the Board of Selectmen to accept a donation or gift of a parcel of land located on Sutton Street consisting of approximately 57,300 square feet more or less as shown on the plan entitled “Plan Showing Division of Land for a Town Meeting Warrant Article in North Andover, Massachusetts 477 & 505 Sutton Street”, dated April 11, 2018 prepared by The Morin-Cameron Group, Inc. for the purpose of construction of a Senior Center and necessary parking spaces or any other public purpose on terms and condition the Board deems to be in the best interest of the Town. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 4 Article 23: Amend the Town of North Andover Zoning Bylaw Section 7.4 – Building Heights. Two-third Vote Declared by the Moderator to amend the Town’s Zoning Bylaw by amending the eligibility criteria for a waiver of the maximum height for residential multifamily dwellings and town houses in the Business 2 (B-2) zoning district. Added text is underlined and deleted text is shown as stricken: 7.4 Building Heights Maximum heights of buildings and structures shall be as set forth in Table 2. The foregoing limitations of height in feet in the designated zoning districts shall not apply to: 1. Farm buildings on farms of not less than ten (10) acres. 2. Nor shall they apply to chimneys, ventilators, skylights, tanks, bulkheads, penthouses,processing towers, and other accessory structural features usually erected at a height greater than the main roofs of any buildings. 3. Nor to domes, bell towers, or spires of churches or other buildings, provided all features are in no way used for living purposes. 4. And further provided that no such structural feature of any non-manufacturing building shall exceed a height of sixty five (65) feet from the ground. 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 the ground. 6. A parcel or parcels collectively comprising at least five (5) three (3) acres of land located within a Business 2 (B-2) Zoning District are eligible for a waiver of the maximum height, for residential multifamily dwellings and town houses described under Table 2; provided that such height waiver shall not permit a structure to exceed more than four stories and 55 feet in height, and further provided that such waiver is granted by the Planning Board, as Special Permit Granting Authority, after the Planning Board has made a determination based upon consideration of the special permit criteria described under Section 10.31 of the Zoning Bylaw. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 24: Amend the Town of North Andover Zoning Map – Amend Business 2 Zoning District (B-2). Two-third Vote Declared by the Moderator to amend the Town’s Zoning Map to re-zone the following Parcels of land to be included within the Business 2 (B-2) Zoning District identified on the 2018 Assessor’s Maps as: Map 74 Parcel 23, Map 74 Parcel 54, and 74 Parcel 24, as more particularly shown on the map dated March 27, 2018 and prepared by The Morin-Cameron Group, Inc., which map is on file with the Town Clerk, and are more particularly described as follows: Map 74 Parcels 23 and 54 Northerly 400’ +/- by Sutton Street 5 Easterly 437.01’ +/- by land now or formerly of China Blossom Realty Trust Southerly 400’ +/- by land now or formerly of City of Lawrence Airport Commission Westerly 437.01’ +/- by land now or formerly of City of Lawrence Airport Commission Map 74 Parcel 24 Northerly 125’ by Sutton Street Easterly 200’ by land now or formerly of K of C Association, Incorporated Southerly 117.08’ by land now or formerly of Quinn Westerly 219.08’ by land now or formerly of Couyioufas Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action APPROVED BY ATTORNEY GENERAL SEPTEMBER 10, 2018 Article 9: Transfer of Land for Recreation Complex. Two-third vote Declared by the Moderator to transfer the care, custody, control, and management of the “Recreation Parcel” lot containing 16.8 acres, more or less, located on Chickering Road shown on the plan entitled “Schools and Recreation Complex Parcel Configuration”, dated March 27, 2018 and prepared by Christiansen and Sergi, from the School Committee for school purposes to the Board of Selectmen for general municipal purposes. Board of Selectmen Board of Selectmen Recommendation: Favorable Action School Committee Recommendation: Favorable Action Article 10 voted after Article 11. Article 11: Appropriation – Recreation Complex. Majority vote to appropriate $1,500,000 as follows: from Free Cash $833,505; from General Fund Bond Premiums $363,454; and from the Sale of Property Fund $303,041, to make improvements to the recreation space and parking lots alongside Chickering Road between the North Andover Middle School and the Early Child Center and currently the location Hayes Stadium and other fields. Town Manager Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action School Committee Recommendation: Favorable Action 6 Article 10: Appropriation – Capital Improvement Plan for Fiscal Year 2019. Unanimous vote to fund the Capital Improvement Program as listed under the heading “Board of Selectmen/Finance Committee/Town Manager Recommendations” and with the language included: Town Manager 7 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 12: Report of the Community Preservation Committee – Appropriation from Community Preservation Fund. Unanimous vote to receive the report of the Community Preservation Committee and to raise, transfer 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 as shown in the List of Approved Projects in Article 12. List of Approved Projects – Community Preservation Fund Description Amount Category North Andover Housing Authority $ 80,600 Affordable Housing Emergency Generators North Andover Housing Authority $ 75,000 Affordable Housing Capital Needs Assessment North Andover Housing Authority $ 79,000 Affordable Housing Bingham Way parking lot paving Affordable Housing Trust $ 100,000 Affordable Housing Playground Renovation Program $ 200,000 Open Space/Recreation Atkinson School and Carl Thomas Weir Hill Parking Lot $ 32,250 Open Space/Recreation Recreation Complex $6,000,000 Open Space/Recreation Historical Preservation Reserve $ 199,500 Historical Preservation Administrative Costs $ 50,000 Administrative/Operating Expenses Total for Requested Projects $6,816,350 Community Preservation Committee Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 8 Article 13: Set Salaries and Compensation of Elected Officials. Majority vote to fix the salary and compensation of the elected officers of the Town, as provided by Massachusetts General Laws Chapter 41, §108 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 Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 14: Revolving Fund Spending Limits. Unanimous vote to authorize the following expenditure limits for revolving funds for certain Town departments under Massachusetts General Laws, Chapter 44, §53E½ for the fiscal year beginning July 1, 2018: Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action 9 Article 15: Appropriation – General Fund for Fiscal Year 2019. Unanimous 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, 2018 and ending June 30, 2019 as follows: General Government $ 2,639,209 Public Safety $ 11,085,892 Education $ 48,751,971 Snow and Ice Removal $ 966,200 All Other Public Works $ 3,809,527 Health & Human Services $ 1,301,596 Culture & Recreation $ 1,084,521 Support Services $ 1,863,580 Debt Service $ 5,358,407 Employee Benefits $ 18,123,823 Liability Insurance $ 420,000 Regional Schools $ 693,644 Other (OPEB Trust) $ 75,000 for a total appropriation of $96,173,369 and to transfer to the General Fund from Special Revenue – GLSD $150,394.00. Article 16: Appropriation – Water Enterprise Fund for Fiscal Year 2019. Unanimous vote to appropriate the amount of $5,485,124 in aggregate, for the purpose listed under column "FY19 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Water Enterprise Fund, that $5,485,124 be raised from Water receipts and from these receipts $994,215 be transferred to the General Fund for indirect cost and 10 $875,000 to Capital Projects. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 17: Appropriation – Sewer Enterprise Fund for Fiscal Year 2019. Unanimous vote to appropriate the amount of $4,741,484 in aggregate, for the purpose listed under the column “FY19 Recommendation: Town Manager, Board of Selectmen, Finance Committee” for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,741,484 be raised from sewer receipts and from these receipts $467,866 be transferred to the General Fund for indirect expenses and $100,000 to Capital Projects. 11 Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 18: Appropriation – Stevens Estate Enterprise Fund for Fiscal Year 2019. Unanimous vote to appropriate the amount of $546,772 in aggregate, for the purpose listed under the column "FY19 Recommendation: Town Manager, Board of Selectmen, Finance Committee" for the Fiscal Year beginning July 1, 2018 and ending June 30, 2019; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $546,772 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $79,303 be transferred to the General Fund for indirect expenses and $120,000 be transferred from Retained Earnings to Capital Projects. Board of Selectmen Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 19: Transfer to Stabilization. Unanimous vote to transfer $77,656 from available funds or Free Cash into the Stabilization Fund. Town Manager Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 20: Transfer of funds from the Health Insurance Trust Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund. Unanimous vote to transfer a sum of $250,000.00 from the Health Insurance Trust Fund into the Other Post-Employment Benefits (OPEB) Liability Trust Fund. Town Manager 12 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 21: Transfer of funds from Other Post-Employment Benefits (OPEB) Stabilization Fund to Other Post- Employment Benefits (OPEB) Liability Trust Fund. Unanimous vote to transfer a sum not to exceed $535,000 from the Other Post-Employment Benefits (OPEB) Stabilization Fund into the Other Post-Employment Benefits (OPEB) Liability Trust Fund. Town Manager Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Article 22: Citizen Petition- Traffic Calming Measures. Traffic calming measures as defined by more than 30 years of Traffic Safety research and both Federal and MA highway engineering manuals decrease traffic crash number and severity for crashes that result in injury and death. Removing traffic calming measures poses the risk of increased traffic crash number and severity for crashes that result in injury and death. The MassDot Highway Reconstruction – Minor Widening Project 606159 at Massachusetts and Chickering removes three existing traffic calming measures. Project 606159 impacts the school crossing for North Andover Early Childhood Center, Atkinson Elementary School, North Andover Middle School, First Calvary Baptist Church Little Learners Daycare, and the future Kindergarten and athletic fields on the North West side of the intersection. Project 606159 impacts the intersection that also serves the North Andover Youth Services, Drummond Playground on the South Eastern side of the intersection. This article requests comparable traffic calming measures be added to the Massachusetts Ave- Adams Street school crossing zone for everyone removed in the MassDot Highway Reconstruction th – Minor Widening Project 606159, as promised at the December 19, 2017 Special Meeting. These should include: Extend the current Massachusetts/Adams school zone to the Massachusetts Ave-Chickering intersection. Selectmen approve a raised and marked school and pedestrian crosswalk install by MassDot under Project 606159. Install a stop sign or stoplight on Massachusetts at Adams, near the school crosswalk. Petition of Dr. Karen Lauro, et al Article 22 Defeated by Clear Majority Vote – May 15, 2018 Article 23 voted after Article 8. Article 24 voted after Article 8. 13 Article 25 voted before Article 8. Article 26: Acceptance of Public Way- Great Lake Lane. Majority vote to accept Great Lake Lane as a public way as laid out by the Board of Selectmen, and as shown as "Great Lake Lane" on a plan entitled "Street Layout Plan of Great Lake Lane, located in North Andover, Mass.", prepared by Christiansen and Sergi, Inc., and to accept deeds to all related parcels and easements, shown on Plans recorded as Plan No. 17212 at the North Essex Registry of Deeds and on the above referenced Street Layout Plan. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Article 27: Amend Zoning Map – Map 009.0-0046-0000.0 (127 Marblehead Street). Unanimous vote to amend the Zoning Map for the Town of North Andover to zone the parcel of land known as Map 009.0 Parcel 0046 on the 2018 Assessor’s Maps to be included within the Residential 4 (R4) Zoning District, as more particularly shown as the highlighted area depicted on the map entitled “127 Marblehead Street”, dated March 7, 2018, which map is on file with the Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action 14 APPROVED BY ATTORNEY GENERAL SEPTEMBER 10, 2018 Article 28: Amend Zoning Bylaw Section 8.9 – Wireless Service Facilities. Two third vote Declared by the Moderator to amend the Town of North Andover Zoning Bylaw, by amending the following Sections as follows: Amend Zoning Bylaw, Section 8.9.5 (Application Procedures), Subsection (d)(i), by inserting after sub-paragraph (4), a new sub-paragraph (5) (by identifying text which is added as underlined). So that Section 8.9.5(d)(i) (General Filing Requirements) shall now read as follows: d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities: i) General Filing Requirements (1) Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility. 15 (2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility (3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co- applicant. (4) Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co- applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with. (5) Parties in interest for the purposes of Section 8. 9 Wireless Service Facilities shall include in addition to those entities listed in General Law c. 40A, sec. 11 abutters to the abutters within five hundred (500) feet of the property line of the petitioner as they appear on the most recent applicable tax list. The assessor’s maintaining any applicable tax list shall certify to the special permit granting authority the names and addresses of the abutters and such certification shall be conclusive for all purposes. And further that the non-substantive changes to the numbering of this bylaw by the Town Clerk be permitted in order that it be in compliance with the numbering format of the General Bylaws and/or Zoning Bylaws of the Town of North Andover. Planning Board Board of Selectmen Recommendation: Favorable Action Planning Board Recommendation: Favorable Action APPROVED BY ATTORNEY GENERAL DECEMBER 5, 2018 The 2018 Annual Town Meeting Dissolved by motion of Chairman of the Board of Selectman Phil DeCologero at 9:50PM with all articles voted. Respectfully submitted, Joyce A. Bradshaw,CMMC,Town Clerk 16 17