HomeMy WebLinkAboutAnnual Town Meeting Minutes 06.12.2012 ANNUAL TOWN MEETING MINUTES JUNE 12,2012
Town Moderator Mark S. DiSalvo called the 2012 Annual Town Meeting to order at
7:l OPM in the Auditorium of the North Andover High School 430 Osgood Street North Andover
Massachusetts on Tuesday June 12, 2012. Moderator DiSalvo was elected as Town Moderator at
the March 27, 2012 Annual Town Election. He thanked retired Town Moderator Charles
Salisbury for his years of dedicated service to the Town and wished him well in his retirement.
Moderator DiSalvo introduced Board and Committee members and discussed his changes to the
Simplified Rules of Parliamentary Procedure which are printed in the Report of the Finance
Committee. There are 17,319 registered voters qualified to vote at this meeting. There is no
quorum requirement for any Annual or Special Town Meeting as established by Article 14 of the
1999 Annual Town Meeting under Article 14 and approved by the Attorney General on July 27,
1999. The Town Moderator 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 in lists showed a total 390 voters present.
A motion was made by Tracy M. Watson, 9 William Street, Chairman of the Board of
Selectmen, seconded by Donald B. Stewart, 52 Prospect 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 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.
The 2012 Annual Town Meeting for the Town of North Andover dissolved by a
Unanimous Vote at 11:16 PM on Tuesday June 12, 2012 with all articles voted.
Article 1. Reports of Special Committees. Clear majority vote to receive the report of the
Facilities Master Plan Committee as presented.
Article 2. Reports of Receipts and Expenditures. Unanimous vote to accept the reports
of receipts and expenditures as presented by the Selectmen in the 2011 Annual Town Report.
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, 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 at least four (4) members of the Board of Selectmen or the School Committee, as
appropriate.
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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 on terms and conditions the Board and
Committee deem in the best interest of the Town.
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 on terms and conditions the Board and Committee deem in the best
interest of the Town.
Article 6. Compensation of Elected Officials. Unanimous 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
Article 7. Amend Chapter 69-7.1- Fire Alarms -Connection Fee of the General Bylaws.
To see if the Town will vote to amend Chapter 69 Section 7.1 by deleting the language shown as
stricken:
Chapter 69 Section 7.1
Each alarm user shall on or before October 1St 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.
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 under the
existing fee structure, once the radio box is properly installed and functioning as approved by the
North Andover Fire Department. In accordance with the Town by-law the Board of Selectmen
can establish fees, at any time, which reflect the costs of service provided.
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.
Chapter 69 Section 7.1 as amended to read:
Each alarm user shall on or before October 1"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.
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In accordance with the Town by-law the Board of Selectmen can establish fees, at any
time, which reflect the costs of service provided.
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;
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 Zoning Bylaws of the Town of North Andover.
Article 8. Amend General Bylaws-Chapter 59 Section 6 — Annual Town Meeting Date.
Unanimous vote to amend the General Bylaws for the Town of North Andover Chapter 59
Section 6 as amended below:
§ 59-6 Annual Town Meeting
Annual Town Meeting shall be held on the first Monday in May at 7:00 p.m. The Board of
Selectmen shall vote to set the date of the Annual Town Meeting in accordance with Chapter 39
Section 9 of Massachusetts General Laws
In accordance with MGL Chapter 39, Section 9, which permits the Board of Selectmen to
postpone by vote, an Annual Town Meeting, any such postponement shall be held on any
weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant have
been acted upon.
The Board of Selectmen shall vote to set the date of the Annual Town Meeting in
accordance with Chapter 39 Section 9 of Massachusetts General Laws. Chapter 39 also permits
the Board of Selectmen to postpone by vote an Annual Town Meeting. Any such postponement
shall be held on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in
the warrant have been acted upon.
Section 59-6, as amended, to read as follows:
The Board of Selectmen shall vote to set the date of the Annual Town Meeting in accordance
with Chapter 39 Section 9 of Massachusetts General Laws. Chapter 39 also permits the Board of
Selectmen to postpone by vote an Annual Town Meeting. Any such postponement shall be held
on any weekday evening Monday through Thursday at 7:00 p.m. until all articles in the warrant
have been acted upon.
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
Zoning Bylaws of the Town of North Andover.
Town Clerk
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Article 9. Acceptance of Massachusetts General Laws Chapter 59 Section 5K — Senior
Work Program. Unanimous vote to accept the provisions of MGL Chapter 59, Section 5K,
authorizing the continuation of a Senior Citizen Property Tax Work-off Program, and further to
allow an approved representative, for persons physically unable, to provide such services to the
Town and to authorize the Board of Selectmen to adopt regulations for implementing this
program consistent with the intent of the statute.
Town Manager
Article 10. Adopt the Provisions of Massachusetts General Law Chapter 60, Section 3D-
Elderly Disabled Tax Fund. Unanimous vote to adopt the provisions of Massachusetts
General Law Chapter 60 Section 3D-Elderly Tax Fund.
Town Manager
Article 11. Petition the General Court-Rescind the Acceptance of Massachusetts General
Law Chapter 31 Section 47-DPW Labor Service. Unanimous vote to instruct its
representatives to the General Court to file special legislation for the purpose of exempting
laborer, skilled laborer, mechanic and craftsman worker titles from civil service. Said Act shall
read:
AN ACT EXEMPTING THE POSITIONS OF LABORER, SKILLED LABORER,
MECHANIC AND CRAFTSMAN IN THE TOWN OF NORTH ANDOVER FROM THE
PROVISIONS OF THE LABOR SERVICE LAW.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, the positions of
laborer, skilled laborer, mechanic and craftsman in the Town of North Andover shall be exempt
from the provisions of Chapter 31 of the General Laws.
SECTION 2. The provisions of Section 1 shall not impair the labor service status of any person
holding the position of laborer, skilled laborer, mechanic or craftsman in the Town of North
Andover on the effective date of this act.
SECTION 3. This act shall take effect upon its passage.
Town Manager
Article 12. Reduction of Community Preservation Act Surcharge. Article 12 Defeated as
follows:
Should we, the tax payers of North Andover, reduce the Community Preservation Act
surcharge?
The CPA was enacted in 2002 at the maximum of 3%. The state matched dollar for
dollar. Since that time, many projects benefiting the town have been completed—protection of
our drinking water, assisting in renovations of the Town Hall, Steven's Estate, the Senior Center
and more at a cost of 21 million tax dollars.
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Due to the downturn in the economy, the State has reduced their matching amount to .26 cents
on the dollar. Is it time to follow the Commonwealth lead and reduce our spending?
The CPA surcharge is an additional cost on your real estate tax bill. Should we reduce the
surcharge from 3% to a more reasonable 1 and 1/2%?
Petition of William P. Callahan and others
Article 13. Petition the General Court - Special Act - Change in Liquor Quota-All
Alcoholic Beverages for Package Stores-LaBottega,LLC 1820 Turnpike Street. Voted to
Petition the Legislature to allow the North Andover Licensing Authority to override the
provisions of Massachusetts General Law Chapter 138 Section (17) (Number of licenses quotas;
licenses for wine and malt beverages per population unit; additional licenses; estimates of
increased population; decrease in quota due to loss in population; determination of population
city or town.) for the increase in the number of All Alcoholic Beverages Licenses for Package
Stores by one (1) for La Bottega, LLC,Angela Paolini Manager, 1820 Turnpike Street North
Andover, Massachusetts 01845.
Petition of Angela Paolini and others
VOTED JUNE 12, 2012 YES 271 NO 8
Article 14. Petition the General Court-Amend Charter for the Town of North Andover-
Amend Chapter 8-Section 1 —Town Election Date. Article 14 Defeated to amend Chapter 8
Section 1 Paragraph 8-1-1of the Charter for the Town of North Andover to read:
The regular election for all town offices shall be by official ballot held on the second
Tuesday in June of each year:
Petition of George Vozeolas and others
Article 15. Petition the General Court-Amend Charter for the Town of North Andover-
Amend Chapter 2-Section 3-1 —Procedures. Unanimous vote to petition the General Court
to amend the Town Charter for the Town of North Andover by adding the underlined language
and deleting the stricken text as follows:
Section 3 Procedures
2-3-1 The town meeting shall meet regularly between April twenty-eighth and May twenty-
eighth, as specified in the town by-laws and in accordance with Massachusetts General Laws
Chapter 39 Section 9 to consider and adopt an annual operating and capital budget, and to act on
other matters. The meeting shall be continued on other days, until all articles in the warrant have
been acted upon.
Section 3 —Procedures as amended to read as follows:
Section 3 Procedures
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2-3-1 The town meeting shall meet as specified in the town by-laws and in accordance with
Massachusetts General Laws Chapter 39 Section 9 to consider and adopt an annual operating and
capital budget, and to act on other matters. The meeting shall be continued on other days, until
all articles in the warrant have been acted upon.
Town Clerk
Article 16. Compensation of Elected Officials. Unanimous 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
Article 17. Prior Years Unpaid Bills. Unanimous vote to authorize payment of the
following unpaid bills from prior years, by respective departments, using appropriations of the
current fiscal year:
Prior Year Invoices
Fiscal Year 2011
Vendor Amount Department
Heidi Janson 576.86 School
NCS Pearson 875.58 School
NRTBUS, Inc 592.05 School
Ready 2 Learn 4,042.50 School
Verizon (3 bills Aug, Sept, Oct) 883.01 School
W B Mason 378.46 School
7,348.46
Board of Selectmen
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Article 18. Establishment of Revolving Funds. Unanimous vote 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, 2012.
Revolving Fund Accounts
Account Revolving FY 2013
Number Fund Authorized to Spend Use of Funds Revenue Source Limit
1 2031204 Wheelabrator Director- Air quality monitoring Wheelabrator Host $ 35,000
Planning Community Community
Development Agreement
2 2031205 Wheelabrator Director- To enforce Trash Wheelabrator Host $ 20,000
Public Safety Community Truck regulations Community
Development Agreement
3 2031207 Health Dept- Director- Food Consultant fees Inspection Fees $ 20,000
Food Community and expenses related
Inspections Development to program
4 2031208 Health Dept- Director- Septic Consultant fees Inspection Fees $ 15,000
Septic Community and expenses related
Inspections Development to program
5 2031210 Field Director-Division of Field maintenance, Field rental fees, $ 10,000
Maintenance Public Works upgrade and related Grants,Donations,
expenses and related
Fundraising proceeds
6 2031211 Health Dept Director- clinic supplies and Clinic participant $ 30,000
Revolving Community other related materials fees,Grants,
Development Donations,and
related Fundraising
proceeds
7 2031213 Youth and Assistant Town All programs and Participants' fees, $ 260,000
Recreation Manager activities,expense, Grants,Donations,
Services part time help and related
Revolving Fundraising proceeds
8 2031217 Elder Assistant Town Senior programs, Participants' fees, $ 20,000
Services Manager classes and activities Grants,Donations,
-COA and related
Revolving Fundraising proceeds
9 Stormwater Director- Review,test and Review Fees $ 50,000
Bylaw Community inspect Stormwater
Development reports
Revolvin Fund Account Receipts and Expenditures .
Receipts Expendit
Account Revolving Balance FY11 FY11 Balance thru ures thru
Number Fund 7/1/10 Receipts Expenditures 06/30/11 04/30/12 04/30/12 Balance
1. 2031204 Wheelabrato $ 65,628 $ 25,000 $ (24,552) $ 66,075 $ 25,000 $(15,070) $76,005
r Planning
2. 2031205 Wheelabrato $ 35,764 $ 13,140 $ (10,718) $ 38,185 $ 12,700 $ (2,220) $ 48,665
r Public
Safety
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3. 2031206 Wheelabrato $ 18,988 $ - $ (18,988) $ - $ - $ - $ -
r
Health
4. 2031207 Health Dept $ 57,825 $ 24,295 $ (11,201) $ 70,919 $ 24,392 $(12,219) $83,092
-Food
Inspections
5. 2031208 Health Dept $ 12,684 $ 16,440 $ (12,467) $ 16,657 $ 11,505 $(13,888) $ 14,274
-Septic
Inspections
6. 2031210 Field $ 22,868 $ 1,750 $ (8,603) $ 16,015 $ 5,850 $ (4,495) $ 17,369
Maintenance
7. 2031211 Health Dept $ 17,237 $ 15,423 $ (20,531) $ 12,129 $ 14,139 $(25,133)
Revolving $ 1,135
8. 2031213 Youth and $ 270,720 $ 268,349 $ (266,110) $ 72,959 $ 157,457 $(86,583) $43,833
Recreation
Services
Revolving
9. 2031217 Elder $ 1,917 $ 23,540 $ (21,550) $ 3,907 $ 28,014 $(19,817) $12,104
Services
-COA
Revolving
Board of Selectmen
Article 19. Amend General Fund Appropriation For Fiscal Year 2012. Unanimous vote
to amend the General Fund Appropriation for Fiscal Year 2012 as voted under Article 18 of the
2011 Annual Town Meeting;
Increase Education by $65,000 for a revised total of$36,981,601
Decrease Snow and Ice Removal by $57,000 for a revised total of$695,448
Decrease Support Services by $65,000 for a revised total of$1,132,064
Increase Health and Human Services by $57,000 for a revised total of$1,039,289
And further to:
Amount Voted Under
Article 18 06/07/11 Revised
General Fund Appropriation ATM Amendment Total
GENERAL GOVERNMENT 2,182,398 0 2,182,398
PUBLIC SAFETY 8,806,071 0 8,806,071
EDUCATION 36,916,601 65,000 36,981,601
SNOW AND ICE REMOVAL 752,448 -57,000 695,448
PUBLIC WORKS 3,276,521 0 3,276,521
HEALTH &HUMAN SERVICES 982,289 57,000 1,039,289
CULTURE & RECREATION 828,357 0 828,357
SUPPORT SERVICES 1,197,064 -65,000 1,132,064
DEBT SERVICE 7,217,435 0 7,217,435
EMPLOYEE BENEFITS 14,173,346 0 14,173,346
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LIABILITY INSURANCE 301,030 0 301,030
CAPITAL & RESERVES 0 0 0
FINANCE COMMITTEE RESERVE 0 0 0
GREATER LAW TECH SCHOOL 243,594 0 243,594
SCHOOL BUILDING COMMITTEE 900 0 900
Total Town Meeting Appropriation 76,878,055 0 76,878,055
Article 20. General Fund Appropriation-Fiscal Year 2013. Majority 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, 2012 and ending June
30, 2013;
GENERAL GOVERNMENT 2,236,879
PUBLIC SAFETY 9,260,299
NORTH ANDOVER SCHOOLS 38,284,841
SNOW AND ICE REMOVAL 752,448
ALL OTHER PUBLIC WORKS 3,268,370
HEALTH AND HUMAN SERVICES 1,081,725
CULTURE AND RECREATION 852,230
SUPPORT SERVICES 1,135,841
DEBT SERVICE 6,291,673
EMPLOYEE BENEFITS 15,127,496
LIABILITY INSURANCE 337,154
CAPITAL AND RESERVES 0
FINANCE COMMITTEE RESERVE 0
GREATER LAWRENCE TECH SCHOOL 250,168
SCHOOL BUILDING COMMITTEE 0
FOR A TOTAL APPROPRIATION OF $ 78,879,124
AND TO FURTHER TRANSFER TO THE
GENERAL FUND
FROM SPECIAL REVENUE - $ 137,889
GLSD
FROM SPECIAL REVENUE - $ 64,200
COMM PROG
$ 202,089
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Article 21. Water Enterprise Fund Appropriation Fiscal Year 2013. Unanimous vote to
appropriate the amount of $5,119,516 in aggregate, for the purpose listed under column "FY13
Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2012 and
ending June 30, 2013; without regards to individual line items, and to operate the Water Enterprise Fund,
that $5,119,516 be raised from Water receipts and from these receipts $747,571 be transferred to the
General Fund.
WATER ENTERPRISE
Fiscal Year 2013
Recommendation
Town Manager
Fiscal Year Board of
2012 Department Selectmen
Budget Request
Personnel 644,965 711,494 718,903
Expense 1,475,384 1,469,719 1,454,719
Debt Service 2,299,716 2,198,323 2,198,323
Sub-Total Direct
Expenditures 4,420,065 4,379,536 4,371,945
Admin/Indirect 705,722 747,571 747,571
Total Water Enterprise 5,125,787 5,127,107 5,119,516
Board of Selectmen
Article 22. Sewer Enterprise Fund Appropriation-Fiscal Year 2013. Unanimous vote to
appropriate the amount of $4,873,303 in aggregate, for the purpose listed under the column "FY13
Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2012 and
ending June 30, 2013; without regards to individual line items, and to operate the Sewer Enterprise Fund,
that $4,873,303 be raised from sewer receipts and from these receipts $529,744 be transferred to the
General Fund for indirect expenses.
SEWER ENTERPRISE
FY13
Recommendation
Town Manager
FY12 Department Board of Selectmen
Budget Request
Personnel 592,222 505,273 509,732
Expense 294,900 307,176 292,175
GLSD Assessment 1,725,000 1,811,000 1,541,247
Settlement 56,000 0 0
Debt Service 2,048,481 2,000,405 2,000,405
Sub-Total Direct
Expenditures 4,716,603 4,623,854 4,343,559
Admin/Indirect 471,554 529,744 529,744
Total Sewer Enterprise 5,188,157 5,153,598 4,873,303
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Article 23. Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal Year 2013.
Majority vote to appropriate the amount of$266,928 in aggregate, for the purpose listed under
the column "FYI 3 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year
beginning July 1, 2012 and ending June 30, 2013; without regards to individual line items, and to
operate the Stevens Estate at Osgood Hill Enterprise Fund that $266,928 be raised from Stevens
Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General Fund
for indirect expenses.
STEVENSESTATE
AT OSGOOD HILL
ENTERPRISE FY13
Recommendation
Town Manager
Board of
FY12 Department Selectmen
Budget Request
Personnel 107,087 110,000 100,000
Expense 163,275 159,978 120,468
Debt Service 0 0 0-
Sub-Total Direct
Expenditures 270,362 269,978 220,468
Admin/Indirect 46,460 46,460 46,460
Total Stevens Estate
Enterprise 316,822 316,438 266,928
Board of Selectmen
Article 24. Amend Capital Improvement Plan Appropriations from Prior Years.
Unanimous vote to amend the Capital Improvement Plan Appropriation from Fiscal Year 2012
voted by the Town under Article 27 at the 2011 Annual Town Meeting to decrease the original
appropriation and bonds authorized for item 12, "Atkinson School Window Replacement" of
$1,277,000 by $226,600, such that the revised total appropriation and bonds authorized for item
12 are $1,010,400, and that the total appropriation and bonds authorized under Article 27 are
reduced accordingly.
Board of Selectmen
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Article 25. Fiscal Year 2013 Capital Improvement Program. Unanimous vote to fund the
Capital Improvement Program for Fiscal Year 2013 as follows:
FY13 CIP Recommendations
Line# Project Description Fund
Code AMOUNT
1 Roadways B/N-G $ 476,700
2 Sidewalk Reconstruction B/N-G $ 50,000
3 Building Maintenance B/N-G $ 50,000
4 Replace Fire Chiefs Vehicle B/N-G $ 34,000
5 Replace Mobile Data Terminals B/N-G $ 90,258
6 General IT B/N-G $ 40,000
7 School Dept IT B/N-G $ 165,098
8 Design Work- Central Office & B/N-G $ 359,500
Kittredge School Gym
General Fund Total $ 1,265,556
9 Water Main Replacement B/N-W $ 573,000
10 Water Meter Installation B/N-W $ 60,000
11 Flocculation & Sedimentation B/N-W $ 65,000
Building
12 Concrete Repairs and Coating B/N-W $ 97,000
Water Enterprise Fund Total $ 795,000
13 Rea's Pond Sewer Pump Station B/N-S $ 250,000
Replacement
14 School St & Bunkerhill Sewer B/N-S $ 100,000
Replacement
15 Osgood St Sewer Preliminary B/N-S 0
Design
Sewer Enterprise Fund Total $ 350,000
* Fund Codes spelled out below
Funding Recommendation Code Totals
Raise and Appropriate- General Fund R&A-G $ -
Raise and Appropriate -Water Enterprise R&A-W $ -
Raise and Appropriate - Sewer Enterprise R&A-S
Bonds/Notes - General Fund B/N-G $ 1,265,556
Bonds/Notes -Water Enterprise B/N-W $ 795,000
Bonds/Notes - Sewer Enterprise B/N-S $ 350,000
Unexpended Bond Proceeds (Sewer $ (350,000)
Enterprise)
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Total All Capital Projects (New Borrowing) $ 2,060,556
that to meet this appropriation:
(1) The Treasurer with the approval of the Board of Selectmen is authorized
to borrow $2,060,556 under chapter 44 of the Massachusetts General Law or
any other enabling authority.
(2) The appropriation for items 13 and 14 above in the amount of$350,000
shall be funded with the transfer from the following project in the amount set
forth below,
said sum represents excess bond proceeds not needed for the completion of
the project:
Amount Project Date/Article Number Date
Bonded
$ 350,000 Waverly Road 2008 /Art 21 Sec 23 6/1/2008
Relief Sewer
Main
Article 26. Energy Services Company Project Funding. Article 26 Defeated to raise and
appropriate $4,383,076 by bonding or otherwise to make improvements to school and town
building as identified in the Energy Audit prepared by Ameresco,Inc. and detailed in the
Appendix B of the printed Warrant, and to meet this appropriation, the Treasurer with the
approval of the Board of Selectmen is authorized to borrow$4,383,076.
Town Manager
Article 27. Sale of Public Buildings-Bradstreet School Main Street. Unanimous vote to
transfer the care, custody, management and control of the land and building formerly known as
the Bradstreet School and located on Main Street, North Andover, identified on the Town's
Assessor's maps as: Map 29, Block 23, Lot 0, from the Board of Selectmen for the purposes for
which such land is currently held to the Board of Selectmen for the purposes of sale of the
building and to authorize the Board of Selectmen to sell the parcel of land per the provisions of
Massachusetts General Law Chapter 30B, and further that the Board of Selectmen approve any
other restrictions, including restrictions on use, that are in the best interests of the Town and that
would effectuate the purposes of providing the maximum benefit to the Town from the proposed
sale of the property, upon such terms and conditions as the Board of Selectmen may deem
appropriate and necessary.
Town Manager
Article 28. Amend Article 29 2011 Annual Town Meeting — Community Preservation
Fund BAN Authorization. Unanimous vote to amend the vote taken on Article 29 of the 2011
Annual Town Meeting Warrant under"Principal Repayment: Windrush Farm" from $638,000 to
$659,648 to pay principal and interest and to raise, borrow, transfer and/or appropriate from the
Community Preservation Fund, in accordance with the provisions of Massachusetts General
Laws Chapter 44B, this sum of money.
Town Manager
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Article 29. Report of the Community Preservation Committee and Appropriation From
the Community Preservation Fund. Majority vote, on recommendation of the Community
Preservation Committee, to receive the report of the Community Preservation Committee and to
raise, borrow, 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 below; and, with regard
to the appropriation of$1,400,000 for the acquisition of approximately 15.2 acres of land at 623
Osgood Street, that said sum is authorized for the acquisition by purchase or eminent domain of
a fee simple interest or lesser interest in a parcel of land of approximately 15.2 acres within the
bounds of North Andover which is a portion of the land at 623 Osgood Street owned by George
W. Ousler and Deanna M. Ousler, Trustees of Osgood Street Realty Trust, under Declaration of
Trust dated March 23, 2007, and which property is a portion of the property described in the
deed recorded in North Essex District Registry of Deeds, Book 10724, Page 120 and is a portion
of the property shown as Lot B on a plan entitled "Plan showing a portion of Edgewood Farm,
North Andover, Mass, Owned by Trustees of Trust B u/w Abbott Stevens," recorded as Plan No.
7803 in the North Essex Registry of Deeds, and expenses incidental and related thereto,
including but not limited to closing costs and parking area construction expenses, to be managed
and controlled by the Conservation Commission of the Town of North Andover in accordance
with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive
recreation purposes; and that the Town Manager be authorized to file on behalf of the Town of
North Andover any and all applications deemed necessary under the Self-Help Act
(Massachusetts General Laws Chapter 132A, Section), or any other applications for funds in any
way connected with the scope of this acquisition, that the Board of Selectmen be authorized to
determine the final purchase price and final boundaries of the land and other interests which may
be acquired for the purposes stated herein, and that the Town Manager, the Board of Selectmen
and the Conservation Commission be authorized to enter into all agreements and execute any and
all instruments, including deeds, easements, and permanent deed or conservation restrictions in
accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem
to be in the best interest of the Town and as may be necessary on behalf of the Town of North
Andover to affect said purchase.
List of Appropriations—Community Preservation Fund
Description Amount Category
Stevens Estate: Restoration of exterior $206,200 Historical Preservation
walls (Phase I)
Stevens Estate: Window replacement $101,300 Historical Preservation
(Phase III)
Restoration of historical town records $40,000 Historical Preservation
(Phase V)
Stevens Library: Refurbishment of main $22,000 Historical Preservation
door
Old Burying Ground: Refurbishment of $20,000 Historical Preservation
grave stones (Phase II)
Ridgewood Cemetery: Restoration of $15,000 Historical Preservation
main gate
14
Town Monuments: Assessment and $15,000 Historical Preservation
restoration of historical town statues and
monuments
Veteran's Housing: Replacement and $475,000 Affordable Housing
restoration of siding, steps, doors and
bulkheads
Foulds Terrace: Replacement and $375,000 Affordable Housing
refurbishment of windows and doors
623 Osgood Street: Purchase of fee $1,400,000 Open Space Protection
interest in approximately 15.2 acres of
open field and woodlands adjoining the
Town's Osgood Hill and Half Mile Hill
properties, plus closing costs and parking
area construction expenses
(final purchase price not to exceed
appraised value of property; total cost to
be reduced by amount of any government
grants or private contributions)
Open Space: Update of Open Space Plan $25,000 Open Space Protection
Administrative Costs $30,000 Administrative and
Operating Expenses
Total Appropriations $2,724,500
Article 30. Appropriation from Federal Early Retirement Reinsurance Program to the
Health Insurance Trust Fund. Unanimous vote to appropriate $153,653.70 from the Federal
Early Retirement Reinsurance Program (ERRP Grant)to the Health Insurance Trust Fund.
Board of Selectmen
Article 31. Capital Stabilization Account. Voted to create a special purpose stabilization
fund to be known as the Capital Stabilization Fund and to transfer $25,000 from available funds
or free cash into the Capital Stabilization Fund.
Town Manager
VOTED JUNE 12, 2012 YES 209 NO 81 - APPROVED
Article 32. Transfer to Stabilization. Unanimous vote to transfer $225,000 from available
funds or free cash into the stabilization fund.
Board of Selectmen
Article 33. Transfer to OPEB (Other Post Employment Benefits Liability Trust Fund).
Article 33 Defeated to transfer funds into the OPEB (Other Post Employment Benefits Liability
Trust Fund).
Board of Selectmen
15
Article 34. Amend North Andover Zoning Bylaw — Section 8.1.4(a) Off-Street Parking
General Requirements. Unanimous vote to amend the Town of North Andover Zoning
Bylaw, Section 8.1.4(a) Off-Street Parking General Requirements in order to allow seasonal
outside seating to not counts towards the parking requirements.
Amend Section 8.1.4(a) by adding Note 8 to the use table as follows:
Notes:
8. Seasonal outside seating for food establishments shall be exempt from Section (a) of this
regulation as long as the seating does not exceed 25% of the indoor seating or a total of twenty
outdoor(20) seats, whichever is greater;
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
Zoning Bylaws of the Town of North Andover.
Planning Board
Article 35. Amend North Andover Zoning Bylaw — Section 4.135 Industrial "S" District.
Unanimous vote to amend the Town of North Andover Zoning Bylaw, Section 4.135 in order to
allow retail stores that are an accessory use to warehousing or wholesaling.
Amend Section 4.135 by adding the underlined language and deleting the stricken language to
read as follows:
4.135 Industrial "S"District
8. Premises of a bank, post office, telephone exchange or telephone business office, local bus
passenger station, or business office buildings. By Special Permit, an automobile service or
filling station, a diner, a restaurant, a retail food store, and retail stores that are an accessory use
to the principal use. but no other retail stores of any kind.
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 Zoning Bylaws
of the Town of North Andover.
Section 4.135 as amended to read as follows:
4.135 Industrial "S" District
8. Premises of a bank, post office, telephone exchange or telephone business office, local bus
passenger station, or business office buildings. By Special Permit, an automobile service or
filling station, a diner, a restaurant, a retail food store, and retail stores that are an accessory use
to the principal use.
Planning Board
16
Article 36. Amend North Andover Zoning Map-1018 Osgood Street-Assessors Map 35-Parcel 19
from Industrial 2 (12)to Business 2 (B-2). Unanimous Vote to amend the Town of North Andover
Zoning Map, Assessor's Map 35 Parcel 19 from Industrial-2 to Business-2.
'1y P2S,0-p029 "�
Article 36. Amend Zoning Map
1018 Osgood Street-Map 35
Parcel 19.
Rezone from Industrial 2(12)to
Business 2(132). Unanimous
Vote June 12,2012.
IZi
Planning Board
Article 37. Amend North Andover Zoning Bylaw — Section 4.137 Floodplain District.
Unanimous 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 date of the
newly adopted flood maps.
Amend Section 4.137 by adding the underlined language and removing the text shown as
stricken to read as follows:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
c. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
17
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
2. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION
AND FLOODWAY DATA
The Flood Plain District is herein established as an overlay district and includes all
special flood hazard areas within the Town of North Andover designated as Zone A and
AE on the Essex County Flood Insurance Rate Maps (FIRMs) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRMS that are wholly or
partially within the Town of North Andover are panel numbers 25009CO207F,
25009CO209F 25009CO217F 25009CO226F 25009CO227F 25009CO228F
25009CO229F 25009CO233F 25009CO236F 25009CO237F 25009CO238F
25009CO239F 25009CO241F 25009CO242F 25009CO243F 25009CO244F
25009CO377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the
District may be defined by the 100-year base flood elevations shown on the FIRM and
further defined by the Essex County Flood Insurance Study (FIS) report dated July 3,
2012. The FIRM and FIS report are incorporated herein by reference and are on file with
the Town Clerk, Planning Board, Building Official and Conservation Commission.
3. BASE FLOOD ELEVATION AND FLOODWAY DATA
a. Floodway Data. In Zone A[, AH, A991 and AE, along watercourses that have not
had a regulatory floodway designated, the best available Federal, State, local or other
floodway data as determined by the Building Inspector, in consultation with the
Director of the Division of Public Works, shall be used to prohibit encroachments in
floodways which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
b. Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
c. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps
may be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered
professional engineer or land surveyor shows that the flood plain contour elevation
does not occur in any area of proposed buildings, structures, improvements,
excavation, filling, paving, or other work activity. The person requesting the
determination shall provide any other information deemed necessary by the Building
Inspector, in consultation with the Director of Division of Public Works to make that
determination. If the Building Inspector, in consultation with the Director of the
Division of Public Works, determines that the Flood Insurance Rate Maps are in
error, the subject area shall not be regulated as occurring within the Flood Plain
District, and any such determination shall be noted on the Flood Insurance Rate
Maps. Nothing in this section shall prohibit the Conservation Commission, Board of
Health, or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
4. NOTIFICATION OF WATERCOURSE ALTERATION
18
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration of
relocation:
a. Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1. Adjacent Communities
2. [Bordering Statesl
3. NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
4. NFIP Program Specialist
Federal Emergencygement Agenc , Region
99 High Street, 6th Floor
Boston MA 02110
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�
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00),
a [Coastal Wetlands Restr etio„ DEP (eur-,-entl, 310 CMR 12.00);1
e. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
f. Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures
of these state regulations.
6. OTHER USE/DEVELOPMENT REGULATIONS
a. [Within zones AH and AO on the FIRAI, adequate drainage paths are r-equ
around str-uetur-es on slopes, to guide floodwater-s around and away from
proposed str-uetur-es.l
b. Within Zone[s Al 30 AE, along watercourses that have a regulatory floodway
within the Town of North Andover, on the Essex County FIRMs dated July 3, 2012;
encroachments are prohibited in the regulatory floodway which would result in any
increase in flood levels within the community during the occurrence of the base flood
discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the
Division of Public Works, demonstrating that such encroachments shall not increase
19
flood levels during the occurrence of the 100 year flood, and if both the Building
Commissioner, in conjunction with the Director of the Division Public Works
approve this certification, such encroachments shall not be deemed to be prohibited.
c. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S
and 81T [or any revisions to the subdivision control law referencing the submission
of preliminary or definitive subdivision plans], respectively shall be designed so that:
1. Such proposals minimize flood damage;
2. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards.
4. Existing contour intervals of site and elevations of existing structures must be
included on plan proposal;
5. The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and
Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
Section 4.137 as amended by Article 37 to read as follows:
4.137 Floodplain District
1. STATEMENT OF PURPOSE
The purpose of the floodplain District is to:
a. Ensure public safety through reducing the threats to life and personal injury.
b. Eliminate new hazards to emergency response officials;
c. Prevent the occurrence of public emergencies resulting from water quality,
contamination, and pollution due to flooding.
d. Avoid the loss of utility services which if damaged by flooding would disrupt or shut
down the utility network and impact regions of the community beyond the site of
flooding;
e. Eliminate costs associated with the response and cleanup of flooding conditions;
f. Reduce damage to public and private property resulting from flooding waters.
5. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION
AND FLOODWAY DATA
The Flood Plain District is herein established as an overlay district and includes all
special flood hazard areas within the Town of North Andover designated as Zone A and
AE on the Essex County Flood Insurance Rate Maps (FIRMS) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex County FIRMs that are wholly or
partially within the Town of North Andover are panel numbers 25009CO207F,
25009CO209F, 25009CO217F, 25009CO226F, 25009CO227F, 25009CO228F,
25009CO229F, 25009CO233F, 25009CO236F, 25009CO237F, 25009CO238F,
25009CO239F, 25009CO241F, 25009CO242F, 25009CO243F, 25009CO244F,
25009C0377F and 25009C0381F, dated July 3, 2012. The exact boundaries of the
District may be defined by the 100-year base flood elevations shown on the FIRM and
20
further defined by the Essex County Flood Insurance Study (FIS) report dated July 3,
2012. The FIRM and FIS report are incorporated herein by reference and are on file with
the Town Clerk, Planning Board, Building Official and Conservation Commission.
6. BASE FLOOD ELEVATION AND FLOODWAY DATA
d. Floodway Data. In Zone A and AE, along watercourses that have not had a
regulatory floodway designated, the best available Federal, State, local or other
floodway data as determined by the Building Inspector, in consultation with the
Director of the Division of Public Works, shall be used to prohibit encroachments in
floodways which would result in any increase in flood levels within the community
during the occurrence of the base flood discharge.
e. Base Flood Elevation Data. Base flood elevation data is required for subdivision
proposals or other developments greater than 50 lots or 5 acres, whichever is the
lesser, within unnumbered A zones.
f. Areas designated as flood plain on the North Andover Flood Insurance Rate Maps
may be determined to be outside the flood plain district by the Building Inspector, in
consultation with the Director of the Division of Public Works, if an accurate
topographic and property line survey of the area conducted by a registered
professional engineer or land surveyor shows that the flood plain contour elevation
does not occur in any area of proposed buildings, structures, improvements,
excavation, filling, paving, or other work activity. The person requesting the
determination shall provide any other information deemed necessary by the Building
Inspector, in consultation with the Director of Division of Public Works to make that
determination. If the Building Inspector, in consultation with the Director of the
Division of Public Works, determines that the Flood Insurance Rate Maps are in
error, the subject area shall not be regulated as occurring within the Flood Plain
District, and any such determination shall be noted on the Flood Insurance Rate
Maps. Nothing in this section shall prohibit the Conservation Commission, Board of
Health, or other Town officials or Board from making non-zoning determinations of
the flood plain or performing their official duties.
7. NOTIFICATION OF WATERCOURSE ALTERATION
If a landowner or project proponent proposes to alter or relocate any watercourse, that
person shall notify the following parties and provide evidence of such notification to
every town board or official who has jurisdiction over such alteration or relocation prior
to or at the time of applying for any approval that is required to perform such alteration of
relocation:
b. Notify in a riverine situation, the following of any alteration or relocation of a
watercourse:
1. Adjacent Communities
2. NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street Suite 600-700
Boston, MA 02114-2104
3. NFIP Program Specialist
Federal Emergency Management Agency, Region I
21
99 High Street, 6t" Floor
Boston, MA 02110
7. 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);
b. Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
c. Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
d. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
e. Any variances from the provisions and requirements of the above referenced state
regulations may only be granted in accordance with the required variance procedures
of these state regulations.
8. OTHER USE/DEVELOPMENT REGULATIONS
a. Within Zone AE, along watercourses that have a regulatory floodway within the
Town of North Andover, on the Essex County FIRMS dated July 3, 2012;
encroachments are prohibited in the regulatory floodway which would result in any
increase in flood levels within the community during the occurrence of the base flood
discharge. However, a registered professional engineer may provide proof and
certification to the Building Commissioner, in conjunction with the Director of the
Division of Public Works, demonstrating that such encroachments shall not increase
flood levels during the occurrence of the 100 year flood, and if both the Building
Commissioner, in conjunction with the Director of the Division Public Works
approve this certification, such encroachments shall not be deemed to be prohibited.
b. All subdivision proposals filed in accordance with M.G.L. Chapter 41, Section 81S
and 81T [or any revisions to the subdivision control law referencing the submission
of preliminary or definitive subdivision plans], respectively shall be designed so that:
1. Such proposals minimize flood damage;
2. All public utilities and facilities are located and constructed to minimize or
eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards.
4. Existing contour intervals of site and elevations of existing structures must be
included on plan proposal;
5. The applicant shall circulate or transmit one copy of the development plan to the
Conservation Commission, Planning Board, Board of Health, Town Engineer, and
Building Commissioner for comments which will be considered by the
appropriate permitting board prior to issuing applicable permits.
Planning Board
22
Article 38. Amend Sections 16.2 and 16.3 of the Zoning Bylaw — Allow Drive-thru Restaurants in
CDD1 and CDD2 Districts. Voted to amend Article 38 as presented and amended as printed in the
warrant by Two-third vote declared by the Moderator to amend Sections 16.2 and 16.3 of the Town of
North Andover Zoning Bylaws, in the Corridor Development District 1 (CDD 1) and Corridor
Development District 2 (CDD2)by inserting the following language:
"Drive-thru restaurants shall be permitted within the CDD 1 zone provided that they are located
more than 250 feet from the R-6 zoned district.
Drive-thru restaurants shall be permitted within the CDD2 zone provided that they are located on
a parcel or parcels collectively comprising at least five (5) acres or more of land, and further
provided that such restaurant structures are located more than 400 feet from a lawfully permitted
residential dwelling located within the R-3 zone."
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 Zoning Bylaws
of the Town of North Andover.
Board of Selectmen
The 2012 Annual Town Meeting Dissolved by Unanimous Vote at 11:16PM.
Respectfully submitted,
Joyce A. Bradshaw, CMMC, Town Clerk
23