HomeMy WebLinkAboutATM Minutes 1997 i
i
TOWN OF NORTH ANDOVER
AM A& TOWN" bMTFNG MINUTES- MAY 12 f 199
The meeting was called to order by Town Moderator Charles A. Salisbury at
7:11 PM. The invocation was delivered by Reverend Michael Randone of St. Mi-,
chael's Parish. 674 voters were present to open the meeting. The Town Moder
ator explained the new quorum policy to attendees. A vote was taken by the,
meeting to follow the provisions of Massachusetts General Laws Chapter 39,
Section 9 allowing the Moderator to take all votes requiring a two-thirds ma
jority in the same manner which a majority vote is taken. The meeting ad-,
journed at 11:00 PM.
ARTICLE 1. ANNUAL TOWN ELECTION. The election of Town Officers appear
ing on the ballot have already been acted upon at the Annual Town Election on
March 3, 1997.
Board of Selectmen
Town Clerk, Joyce A. Bradshaw announced results of March 3, 19971.
election.
No Action Required
ARTICLE 2. REPORT 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 1996 Annual Town Report.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 2 as printed in the warrant.
ARTICLE 3. COMPENSATION OF ELECTED OFFICIALS. To see if the Town will vote
to fix the salary and compensation of the elected officers of the Town, as provided by Section
108 of Chapter 41 of the Massachusetts General Laws as follows; or to take any other action rela-
tive thereto:
Board of Selectmen/Licensing Commissioners,
per annum $2,000
Chairman,Board of Selectmen,per annum 300
School Committee,per annum 2,000
Chairman, School Committee,per annum 300
Moderator: For Annual Town Meeting 100
For each Special Town Meeting 50
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 3 as printed in the warrant.
ARTICLE 4. REPORT OF SPECIAL COMMITTEES TO TOWN MEETING. To::
see if the Town will vote to accept the reports of any special appointed committees or to take anyi,
other action relative thereto.
A. Master Plan Committee
Board of Selectmen
UNANIMOUSLY VOTED to accept report of the Master Plan Committee as
presented by Michael Schena,Chairman.
2
ARTICLE 5. AUTHOR! ZATI ON TO TRANSFER UNEXPENDED FUNDS:
To see if the Town will vote to transfer unexpended balances of various
articles to supplement other previously appropriated articles or accounts:
TOIW NEETI NG YEAR AMDUNT
VOTE
Davis & Furber Article 26 1988 9,735.11
Calzetta Land Acquisition Article 4 1989 2,000.00
Mill Road/Flagship Drive Article 23 1991 334.99
Fire Engine Article 9,5 1994 187.20
High School Re-Roof Article 9,25 1994 399.00
Franklin School Article 12,11 1991 662.50
School Pavement/Rehab. Article 12,11 1989 15,000.00
School Asbestos Article 12,16 1989 15,957.42
DPW Equipment Article 7,20 1993 1,106.74
Police Equipment/Radar/Intox Article 11,2 1995 30.58
Bei ng t he Sum Of: 41, 41 9 54
TRANSFER TO
Town Hall Renovation Article 19 1995 99.00
DPW Equipment Article 8,23 1992 331.22
Automated Tax Collection Article 19,3 1990 225.78
Police Communications Article 12,5 1991 763.78
Fire Exhaust Article 8,6 1992 64.50
Franklin Portable Classrooms Article 12,14 1991 252.49
Middle School - Handicap Access Article 8,14 1992 33.82
Public Safety Facility Article 6,4 1988 122.96
Ambulance Article 11,5 1995 161.00
Bei ng the Sum Of: 9,pa4 as
And that the remaining surplus balance of$43,358.99 be transferred to Article 7 1996 Annual Town Meeting
under Public Works-Total Expenses for roof repairs and recarpeting of Town Hall.
ENTERPRISE RESERVE FUND:
TRANSFER FROM
Sewer - South Side of Lake Article 12,24 1991 955.48
Water Audit Detection Article 6,5 1988 4,136.49
DPW Facilities Plan Article 12,9 1989 827.66
Water Feedline Article 12,14 1989 898.03
Water Rehabilitation Article 12,27 1991 2,456.97
Water Rehabilitation Article 7,21 1993 454.30
Water Main Rehabilitation Article 7,22 1993 500.00
Water Main Rehabilitation Article 9,11 1994 1,131.95
Being the sum of: 11 .-160 8-8
TRANSFER TO:
Water-Eng. (Subsequent Years) Article 11,13 1995 1,788.28
Water Mains Article 8,24 1992 134.84
Being the sum of: 894.19
And that the remaining balance of$9,437.76 be closed out to Fund Balance reserved for Water&Sewer Surplus;
or to take any other action relative thereto.
Di rect or of Fi nance & Adm ni st rat i on
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
3 '
Unanimously voted to adopt as the article printed in the warrant,with the following amendments: I
In the eighth line delete the amount of"$15,957.42"and insert in its lace "0" amending the g P ,
to-
tal sum to $29,456.12; in the twelfth line, delete the amount of$99.00 and insert in its place'
$6,064.70 amending the total sum to $8,020.25; and that the remaining surplus balance of
$21,435.87 be closed out to General Fund balance.
ARTICLE 6. FISCAL YEAR 1997 BUDGET TRANSFERS. To see what sums the Town',
will vote to transfer into various line items of the Fiscal Year 1996 operating budget from other
line items of said budget.
Board of Selectmen
Unanimously Voted that the Town VOTE to authorize the line item transfers as follows:
Transfer From:
General Government-Total Personnel Services $20,373.00
Division of Public Works-Total Personnel Services 22,900.00
Education-Regional Vocational School 9,363.00
Fixed Expenses-Retirement 5,853.00
Fixed Expenses-Interest on Short Term Debt 458,000.00
Capital Improvements Reserve Fund 230,000.00
being the sum of $746,489.00.
Transfer To:
General Government-Total Expenses 7,000.00
Public Safety -Total Personnel Services 51,489.00
Principal Retirement 688,000.00
being the sum of $746,489.00.
ARTICLE 7. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1998. To
see what action the Town will take, as to the budget recommendations of the Finance Committee'
for the fiscal year beginning July 1, 1997, and ending June 30, 1998.
Board of Selectmen
4
ARTICLE 8. CAPITAL IMPROVEMENT PLAN APPROPRIATION FOR
FISCAL YEAR 1998. To see if the Town will vote to raise and appropriate, transfer from
available funds, or borrow under the provisions of the Massachusetts General Laws Chapter 44,
the following sums of money or any other sum for the purposes listed below; or to take any other
action relative thereto.
Board of Financeli
Department Fund Selectmen Fund Committee
Department Project Description Request Code Recommends Code Recommends
I
C.LP OPERATIONS
POLICE:
I Equipment-Tacographs 25,289 0 0
2 Police Storage Building 40,000 0 01
3 Radio Replacement Program 81,842 1 57,762 57,762
5 24,080 24,080
4 Police Computer Technology 21,210 1 21,210 21,210
5 Interactive Firearms Trainer 51,850 0 0
6 Four Wheel Drive Vehicle 44,959 0 0
Sub-Total-Police 265,150 103.052 103,052
FIRE:
7 Improvements to Station 1 174,475 0 q
8 Improvements to Station 2 91,375 0 0,
9 Replacement of 4WD Vehicle 30,000 0 0
Sub-Total-Fire 295,850 0 0
MUNICIPAL TECHNOLOGY:
10 New Technologies and Infrastructure 57,080 1 57,080 57,080
11 Geographical Information System 87,100 0 0
Sub-Total-Technology 144,180 57,080 57,080:
PUBLIC WORKS:
12 Public Works Equipment 198,000 1 153,000 153,000
13 Road Improvement Program 250,000 0 0,
14 Sidewalk Construction 200,000 2 200,000 200,000
Sub-Total-Public Works 648,000 353,000 3531.000
SCHOOL FACILITIES:
15 Bradstreet Ceiling&Lighting Project 20,000 1 9,375 9,375
6 10,625 10,625
16 Resurface Running Track at the Stadium 60,000 0 0
17 Paving at Atkinson and Franklin Schools 84,000 0 0
18 Kittredge Window Repalacement 100,000 0 0
19 Franklin School-Phase II of a Three Phase Project 27,900 1 27,900 27,900
20 ADA Projects(Phase III)-Kittredge School 256,000 2 256,000 256,000
21 Replace 6 Underground Storage Tanks(UTS)at 223,000 3 223,000 223,000
Thomson,Kittredge,Franklin&Atkinson Schools
22 Technology-Infrastructure/Equipment 1,320,742 1 127,400 127,40
Total School Department 2,091,642 654,300 654,300
TOTAL-C.I.P.OPERATIONS 3t444_g22 y I67 432 1,167,432
TAX SUPPORTED DEBT
Board of Finance
Department Fund Selectmen Fund Committee,
5
e st Code Recommends Code Recommends
Department Proiect Description Rue q_
G.I.P.OPERATIONS(Continued)
23 Granular Activated Carbon Filter-Replacement Fund 60,000 1 60,000 60,000'
24 Cross Connection Control 25,000 1 25,000 25.000
25 Emergency Power Upgrade-Water Treatment Plant 150.000 0 0'
26 Engineering for Water Projects 35,000 7 35,000 35.000
27 Water Main Rehabilitation 750,000 2 650,000 650,000
0 8 100,000 100,000
Sub-Total-Water 1,020,000 870,000 870,000
REVENUE SUPPORTED DEBT-SEWER:
28 Sewer Sys.Ext.So.side Lake Cochichewick(Ph 3C) 1,500,000 0 01
29 Sewer System Improvements 1/I 500,000 4 500,000 500,000
Sub-Total-Sewer 2,000,000 500,000 500,000
TOTAL-C.I.P.OPERATIONS 3.020.000 L370.000 L370.000
REVENUE SUPPORTED DEBT
GRAND TOTAL-FISCAL YEAR 1998 C.I.P. 2.UI 32
Sub-Total
Code-Funding Sources for Recommended Items:
1 Raise&Appropriate 538.727
2 General Obligation Bond 1,106,000
3 General Obligation Bonds(net of Grants) 223,000
4 State Loan Program 500.000
5 Transfer surplus balance from Police Communication 24,080
Article 7,Item 7 of 1993 Town Meeting
6 Transfer surplus balance from School-Lower Ceilings/ 10,625
Replace Lights-Article 11,Item 27 of 1995 Town Meeting
7 Transfer surplus balance from Article 12,Item 9 of 1989 Town Meeting- 35.000
DPW Facilities Study
8 Transfer surplus balances from Water Main Rehabilation- 100,000
Article 12,Item 27,of 1991 Town Meeting($25,000);and
Article 7,Item 21 of 1993 Town Meeting($75,000).
Grand Total 537 432
VOTED by majority vote under vote to adopt by M.G.L.Chapter 39,Section 9 that the Town appropriate
$2,537,432 to fund the items listed under the column"Finance Committee Recommends";and to meet the appropria-
tion,the sum of$538,727 shall be raised;
The sum of $169,705 will be transferred from the surplus balances of previously authorized projects listed
as 5 through 8 under the section titled"Code-Funding Sources for Recommended Items" as shown in the text and
tables of the article;and further that the Town fund items 14,20,21 and 27,the Treasurer with the approval of the
Selectmen is authorized to borrow$1,329,000 under Chapter 44 of the General Laws;and further
that the Town fund item 29,the Treasurer with the approval of the Selectmen is authorized to borrow$500,000 un-
der Chapter 44 of the General Laws and/or Chapter 29C of the General Laws; and that the Treasurer with the ap-
proval of the Board of Selectmen is authorized to enter into agreements with state agencies in order to borrow all or
a portion of the funds from such agency.
ARTICLE 9. CONSTRUCTION OF A NEW THOMSON ELEMENTARY SCHOOL. To see if',
the Town will vote to raise and appropriate the sum of$8,400,000 or any other sum to be expended under the direc-
6
tion of the School Building Committee for the purpose of constructing, originally equipping and furnishing a new
elementary school,including any necessary additional architectural services and construction management services at
the site of the present Thomson Elementary School and the demolition of the present Thomson Elementary School,
to determine whether this appropriation shall be raised by borrowing or otherwise;to authorize the Board of Select-j
men to petition the General Court for an Act authorizing interest on the borrowing to be capitalized during construc-
tion,if necessary;or to take any other action relative thereto.
School Committee
VOTED by Majority Vote"under vote to adopt by M.G.L. Chapter 39, Section 9"that$8,400,000 be appropriated
for constructing,equipping and furnishing a new elementary school,including any necessary additional architectural
services and construction management services at the site of the present Thomson Elementary School and for demo-
lition of the present Thomson Elementary School;and that to meet this appropriation the Treasurer with the approval
of the Board of Selectmen is authorized to borrow$8,400,000 under Chapter 44 of the General Laws or Chapter 645
of the Acts of 1948 as amended;that the School Building Committee is authorized to take any other action necessary :',
to carry out this project; and that the Board of Selectmen is authorized to petition the General Court for an act au-
thorizing interest on the borrowing to be capitalized during construction.
ARTICLE 10. AUTHORIZATION OF MASSACHUSETTS GENERAL LAWS CHAPTER 90 -',
HIGHWAY FUNDS. To see if the Town will vote to appropriate$600,762 for Massachusetts General Laws,Chap-
ter 90, Road Repairs, and to meet the funding of the Article, allow the Treasurer,with approval of the Board of Se-
lectmen, to borrow$600,762 of Chapter 90,Highways Funds, in anticipation of State reimbursement under Massa-
chusetts General Laws,Chapter 44,Section 6A.
Board of Selectmen
r�
Voted Unanimously to appropriate $600,762 for Massachusetts General Laws,Chapter 90,Road
Repairs, and to meet the funding of the Article, allow the Treasurer, with approval of the Board of Selectmen, to
borrow$600,762 of Chapter 90,Highways Funds, in anticipation of State reimbursement under Massachusetts Gen-
era]Laws,Chapter 44,Section 6A.
ARTICLE 11. AMEND AUTHORIZATION TO BORROW-VARIOUS ARTICLES. To see if the
Town will vote to reduce authorizations to borrow as originally voted under Article 6, Item 4 of the 1988 Annual
Town Meeting in the amount of$20,000 for a Public Safety Facility;Article 12, Item 14 of the 1989 Annual Town',
Meeting in the amount of$117,210 for the Water Feedline Project; Article 7, Item 23 of the 1993 Annual Town
Meeting in the amount of$250,000 for Phase 3A Sewer Project-Great Pond Road, and Article 19 of the 1995 An-
nual Town Meeting in the amount of$500,000 for Town Hall Renovations and currently unissued,said authorization li
to borrow under Massachusetts General Laws Chapter 44, Section 7(3)to be reduced in the amount of$934,210 or
to take any action relative thereto.
Director of Finance
Board of Selectmen Recommendation: Favorable Action
UNANIMOUSLY VOTED for the Town to reduce authorizations to borrow as originally voted under
Article 6,Item 4 of the 1988 Annual Town Meeting in the amount of$20,000 for a Public Safety Facility;Article 12,
Item 14 of the 1989 Annual Town Meeting in the amount of$82,210 for the Water Feedline Project;Article 7,Item
23 of the 1993 Annual Town Meeting in the amount of$250,000 for Phase 3A Sewer Project- Great Pond Road,
and Article 19 of the 1995 Annual Town Meeting in the amount of$500,000 for Town Hall Renovations and
currently unissued, said authorization to borrow under Massachusetts General Laws Chapter 44, Section 7(3)to be
reduced in the amount of$887,210.
7
ARTICLE 12. RESERVE FUND. To see if the Town will vote to raise and appropriate$75,000 to fund
the Reserve Fund;or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Unanimously Voted to raise and appropriate$75,000 to fund the Reserve Fund.
ARTICLE 13. EXPENDITURE OF GRANT FUNDS. To see if the Town will vote to authorize the
Town Manager subject to the approval of the Board of Selectmen to apply for, accept and enter into contracts from'
time to time for the expenditure of any funds allotted to North Andover by the Commonwealth of Massachusetts or
the U.S.Government under any State or Federal grant program;or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation: Favorable Action
Finance Committee Recommendation: Favorable Action
Unanimously Voted to authorize the Town Manager subject to the approval of the Board of Selectmen to
apply for,accept and enter into contracts from time to time for the expenditure of any funds allotted to North Ando-
ver by the Commonwealth of Massachusetts or the U.S.Government under any State or Federal grant program.
ARTICLE 14. WETLANDS FILING FEES ACCOUNT. To see if the Town will vote to appropriate a'
sum of$20,000 or any other sum from the Wetlands Filing Fees Account to be used by the Conservation Commis-
sion in the performance of their duties under the Wetlands Protection Act.
Conservation Commission
Board of Selectmen Recommendation: To be made at Town Meeting
Finance Committee Recommendation: Favorable Action
UNANIMOUSLY VOTED to appropriate the sum of$14,000 from the Wetlands Filing Fees Account to be'',
used to fund the expenses of the Town in the performance of its duties under the Wetlands Protection Act; and fur-
ther,to appropriate the sum of$8,000 to be used by the Conservation Commission in the performance of their duties
under the Wetlands Protection Act.
ARTICLE 15. AUTHORIZATION TO OPERATE OSGOOD HILL CONFERENCE CENTER.',
To see if the Town will vote to authorize the use of a revolving fund for fiscal year 1997,as established under Article
7 of the October 24, 1994, Special Town Meeting for the purposes of operating the Osgood Hill Conference Center,
pursuant to Massachusetts General Laws, Chapter 44, Section 53E 1/2;and further all receipts relating to the opera-
tion of the Conference Center including,but not limited to seminars, conferences, and functions,will be credited to',
the revolving fund;and that no expenditure be made from the revolving fund without the authorization of the Town
manager,and that the total expenditures charged to the revolving fund will not exceed$242,600 to include all direct-
ly related operating expenses, including salaries, goods and services, capital improvements, and other expenses in
fiscal year 1996;and further for the period 1/96 to 12/96 the total amount of receipts collected was$201,877.63 and!,
the total amount expended was$164,280.84,with a resulting fund balance in the revolving account of$20,125.41;or',
-� to take any other action relative thereto.
Board of Selectmen
8
Board of Selectmen Recommendations: Favorable Action
Finance Committee Recommendations: Favorable Action
UNANIMOUSLY VOTED to to adopt the article as printed in the warrant, with the following
amendment: delete the reference in the third line to "fiscal year 1997" and insert in its place "fiscal year
1998"; and further, delete the reference in the twelfth line to"fiscal year 1996" and insert in its place"fiscal
year 1998".
ARTICLE 16. OSGOOD HILL TRUSTEES ESTABLISHMENT. To see if the Town au-
thorize the Board of Selectmen to officially establish the Osgood Hill Trustees and as such approve the Osgood Hill
Trustees Bylaws providing for their rights and responsibilities over the care,management and fiscal oversight of the
Stevens Estate at Osgood Hill including all land and buildings thereon.
Board of Selectmen
Board of Selectmen Recommendation: To be made at Town Meeting
UNANIMOUSLY VOTED that, for the purposes of carrying out the two (2) votes of the Special
Town Meeting held October 24, 1994 relative to the acquisition of Land and Buildings on Osgood Hill, spe-
cifically
• Article 5 which requires,among other things, that"all practical efforts will be made to preserve the his-
torical structures on the site" and that"all undeveloped land be maintained for public uses";and
® Article 7 of that Town Meeting which authorized the Board of Selectmen to "operate and maintain the
facility known as the Boston University Conference Center and to establish a legal entity through which
all aspects of facility operations and maintenance would be conducted, including but not limited to the
leasing or sale of such facility",that:
1 The Selectmen be and are hereby authorized to appoint a seven (7)member committee to be known
as the Trustees of Stevens Estate at Osgood Hill(hereinafter referred to as the "Trustees")to oversee and
manage the conference center and function hall at the Stevens Estate(formerly known as the Boston Uni-
versity Conference Center);
2. That the Trustees develop and present to the Board of Selectmen no later than September 15, 1997 a !i
definitive financial plan for the management of the conference facility, including but not limited to the
funding of the rehabilitation, repairs and required improvements to the conference facility outlined in
the report entitled The Stevens Estate at Osgood Hill/Conditions,Assessment and Recommendations pre-
pared by Binder Boland and Associates dated March 1996;
3. Or, in the alternative,a final definitive plan to sell, lease,or otherwise dispose of the conference fa-
cility;
4. And that these final and definitive plans be presented to the first regular or special town meeting i,
following September 15,1997 for final action.
ARTICLE 17. GENERAL APPROPRIATION ARTICLE FOR THE FISCAL YEAR 1997. To see is
the Town will vote to raise and appropriate or transfer from available funds in order to increase the appropriation of
funds previously voted under Article 7,of the 1996 Annual Town Meeting Warrant as follows:
Increase Fixed Expenses in the amount of$470,000;
9
Increase Snow Budget Salary&Expenses in the amount of$170,000;
or to take any other action relative thereto.
Director of Finance
UNANIMOUSLY VOTED for the Town to transfer from Free Cash the sum of$640,000 to increase the
appropriation of funds previously voted under Article 7 of the 1996 Annual Town Meeting as follows:
Division of Public Works-Total Personnel Services 15,700.00
Division of Public Works-Total Expenses 154,300.00
Fixed Expenses-Group Insurance 470,000.00
ARTICLE 18. NONCRIMINAL DISPOSITION OF VIOLATIONS. To see if the Town will vote to amend
Section 1-6 of the Town of North Andover Code concerning"Noncriminal Disposition of Violations"by adding the
following paragraphs to the end of that section:
Without intending to limit the generality of the foregoing, the following Board of Health Regulations and
penalties therefor may be enforced as a non-criminal offense in accordance with G.L.Ch.40, S.21 D. The penalties
set forth herein shall apply to each separate offense or violation of the regulations. The Board of Health shall deter-
mine the disposition of all complaints or requests for enforcement made pursuant to this By-law. The Board of
Health or its specific designee may enforce a decision of the Board regarding the non-criminal disposition of a com-
plaint or request for enforcement.
APPLICABLE BOARD OF HEALTH REGULATIONS
Uo to
Regulations for the Control of Waste Disposal Traffic $1,000.00
Article X,Minimum Sanitation Standards for Food Service
Establishments $ 300.00
Tobacco Control Regulations
Individual $ 25.00
Vendor or Food Establishment,first offense $ 50.00
second offense $ 100.00
3rd+ $ 250.00
Dumpster Regulations $ 50.00
Regulations for Sewer Tie-in $ 200.00
Rules and Regulations Governing the
Practice of Massage and the Conduct
of Establishments for the Giving of
Massage,Vapor,Pool,Shower,or
other Baths in the Town of North Andover
North Andover Board of Health Regulations
for Watershed Pumping $ 200.00
Regulations for Suntanning Establishments $ 300.00
Minimum Requirements for the Subsurface
Disposal of Sanitary Sewage $ 500.00
Regulations for the Use of Recombinant
DNA Molecule Technology $ 500.00
VOTED BY MAJORITY VOTE THAT THE TOWN ADOPT THE ARTICLE AS PRINTED ABOVE.
10
ARTICLE 19. COMMUNITY SEPTIC MANAGEMENT PROGRAM BORROWING
AUTHORIZATION. To see if the Town will vote to appropriate a sum of money for the purpose of financing the
following water pollution abatement facility projects;repair,replacement and/or upgrade of septic systems,pursuant
to agreements with the Board of Health and residential property owners,including without limitation all costs thereof
as defined in Section 1 of Chapter 29C of the General Laws and to determine whether this money shall be provided
by taxation,by appropriation from available funds or by borrowing from the Massachusetts Water Pollution Abate-
ment Trust of otherwise;or to take any other action relative thereto.
Board of Health
UNANIMOUSLY VOTED that $200,000 be appropriated for the purpose of financing the following water pollu-
tion abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with
the Board of Health and residential property owners, including without limitation all costs thereof as defined in Sec-
lion I of Chapter 29C of the General Laws;that to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen is authorized to borrow $200,000 and issue bonds or notes therefor under G.L. c. 111, S
127B1f2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property
owners, in accordance with those agreements,but such bonds or notes shall be general obligations of the Town;that
the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount
from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection
therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the
Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid
available for the projects or for the financing thereof; and that the Board of Selectmen or other appropriate local
body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Pro-
tection,to expend all fund available for the projects and to take any other action necessary to carry out the projects.
11 ',
---, ARTICLE 20. SPECIAL LEGISLATION FOR ADDITIONAL REPRESENTATIVE FROM NORTHi
ANDOVER ON THE GREATER LAWRENCE SANITARY DISTRICT BOARD OF COMMISSIONERS.
To see if the Town will vote to authorize the Board of Selectmen to file special legislation or home rule amendment
to increase the number of representatives from the Town of North Andover on the governing board of the Greater
Lawrence Sanitary District from one(1)to not less than two(2);or act in relation thereto.
Board of Selectmen
UNANIMOUSLY VOTED to authorize the Board of Selectmen to file special legislation or home rule amendment
to increase the number of representatives from the Town of North Andover on the governing board of the Greater
Lawrence Sanitary District from one(1)to not less than two(2).
ARTICLE 21. INTERMUNICIPAL AGREEMENT FOR WATER SUPPLY. To see if the Town I'I
will authorize the Board of Selectmen to execute an inter-municipal agreement between the Town of North Andover
and the Town of Andover relative to the purchase of additional public water supply,pursuant to Massachusetts Gen-
era]Laws Chapter 40,Section 4A or any other authority,or act in relation thereto.
Board of Selectmen
UNANIMOUSLY VOTED that the Town authorize the Board of Selectmen to execute an inter-municipal agree-
ment between the Town of North Andover and the Town of Andover relative to the purchase of emergency, short- !,
term water supply pursuant to Massachusetts General Laws Chapter 40,Section 4A or any other authority.
ARTICLE 22. GIFT OF LAND -JOSEPH N. HERMANN YOUTH CENTER. To see if the Town will vote to
accept a gift of land, as shown on North Andover assessors map 96 as parcel 30, and buildings thereon, from the
Community Center Incorporated totaling approximately 31,163 square feet. Said land is conveyed with the re-
striction as set forth in an agreement between the Community Center and the Town that the land shall be used for the
development of a Youth Center under the direction of the Town of North Andover through the auspices of the Joseph
N.Hermann Youth Center Board of Directors.
Petition of Joseph Lynch and Others
UNANIMOUSLY VOTED to accept a gift of land,as shown on North Andover assessors map 96 as parcel 30,and
buildings thereon,from the Community Center Incorporated totaling approximately 31,163 square feet. Said land is li
conveyed with the restriction as set forth in an agreement between the Community Center and the Town that the land li
shall be used for the development of a Youth Center under the direction of the Town of North Andover through the li
auspices of the Joseph N.Hermann Youth Center Board of Directors. The following exceptions shall apply.
1. Suitable space in the new facility be made available to the Thrift Shop, which currently leases
space from the Community Center,Inc.,as determined by the Board of Selectmen.
2. Suitable space be provided for the Community Center,Inc.to carry out its business;and
3. That the Town would begin construction of the center within five years.
12
.� ARTICLE 23. HOME RULE PETITION SPECIAL INDUSTRIAL ASSESSMENT DISTRICT. To see if�
the Town will vote to authorize the Board of Selectman to submit a Home Rule petition to the General Court to pass
legislation to establish a "Special Industrial Assessment District" as shown on the plan titled Lawrence Industrial
Airport Park in North Andover,the purpose of said petition is to address the unique circumstances surrounding the
Lawrence Municipal Airport, located in North Andover and owned by the City of Lawrence. The Home Rule peti-
tion shall set-forth the means to establish and levy an appropriate and equitable tax rate within the aforementioned
District and that the Town of North Andover and the City of Lawrence may apportion such taxes between each mu-
nicipality in the manner as provided in Home Rule petition.
Board of Selectmen
UNANIMOUSLY VOTED to adopt Article 23 as printed in the warrant.
ARTICLE 24. PETITION STATE LEGISLATURE TO AMEND CHARTER. To see if the Town will vote
to petition the State Legislature to amend the North Andover Town Charter, as originally voted at the Annual Town
Election of March 3, 1986,to provide for the following change:
Amend Chapter 8-Elections,Section 1.1 to read as follows:
"The regular election for all Town offices shall be by official ballot held on the first Tuesday in March of each year."
Petition of Town Clerk
Joyce A.Bradshaw
Board of Selectmen Recommendation: Favorable Action
UNANIMOUSLY VOTED to adopt Article 24 as printed in the warrant.
ARTICLE 25. AMEND ARTICLE 14 OF THE MAY 1, 1995 TOWN MEETING -!,
ACQUISITION OF LAND AND BUILDING FOR YOUTH CENTER. To see if the Town will vote to amend',
the vote of Article 14 of the May 1, 1995 Town Meeting by deleting the following language from the bonding au-
thorization:
"acquiring a building and land at 400 Osgood Street to be used as a Youth Center facility"
and adding after"for the purpose of the following:
"necessary designer services including the preparation of plans and specifications,site preparation, services'
of a qualified construction manager to oversee the project,and phased construction of a Youth Center Facility at 33!i
Johnson Street; or if the land and buildings at 33 Johnson Street should not be conveyed to the Town, at any site'!
owned by the Town and designated as the location for a Youth Center Facility by either the Board of Selectmen or'',
Town Manager.
Voted to amend the vote of Article 14 of the May 1, 1995 Town Meeting by deleting the following''i
language from the bonding authorization:
"acquiring a building and land at 400 Osgood Street to be used as a Youth Center facility"
and adding after"for the purpose of the following:
"necessary designer services including the preparation of plans and specifications,site preparation, services
of a qualified construction manager to oversee the project, and phased construction of a Youth Center Facility at 33',
Johnson Street; or if the land and buildings at 33 Johnson Street should not be conveyed to the Town, at any site'',
13
owned by the Town and designated as the location for a Youth Center Facility by either the Board of Selectmen or
Town Manager.
YES 329 NO 51
/r ARTICLE 26. APPROPRIATION FOR A YOUTH CENTER. To see if the Town will vote to raise and ap-
propriate,transfer from available funds,or borrow under the provisions of Massachusetts General Laws,Chapter 44,
the additional sum of$525,000 for the purpose of construction of a Youth Center authorized by vote of Article 14 of
May 1, 1995 Town Meeting as amended by vote of the Annual Town Meeting of 1997, including the purchase of
equipment and furnishings therefore; and to authorize the Town Manager or his designee to determine whether this
appropriation shall be raised by borrowing or otherwise; and to authorize the Board of Selectmen to petition the
General Court for an act authorizing interest on the borrowing to be capitalized during construction, if necessary;or
to take any action relative thereto.
Petition of Joseph Lynch and others
ARTICLE 27. APPROPRIATION FOR BUILDING RENOVATIONS - MUSEUM OF AMERICAN
TEXTILE HISTORY BUILDING. To see if the Town will vote to raise and appropriate,borrow or transfer from
available funds the sum of$40,000 or any other sum for the purposes of building renovations to the Museum of
American Textile History Building on Massachusetts Avenue; and further,to see if the Town will authorize a lease
of 3 years with an option to extend;said building to be used as municipal office space or for other municipal purpos-
es and provide space for the Community Schools Child Care Program managed by the North Andover School De-
partment under the terms of a three year lease with an option to extend.
Board of Selectmen
Voted by Majority Vote that the Town authorize the School Department to enter into a '
lease for up to ten (10) years with an option to extend with the Historical Society for the use of
the former Museum of American Textile History building at 800 Massachusetts Avenue North
Andover,Massachusetts.
14
ARTICLE 28. AMEND TOWN CODE-ADD NEW CHAPTER 137-NOISE CONTROL BYLAW.To see
if the Town will vote to amend the Town Code of North Andover by adding a new Chapter 137 to be known as the
Town of North Andover Noise Control Bylaw as follows:
137-1 Title
This Bylaw shall be known as the Town of North Andover Noise Control Bylaw.
137-2 Purpose
The purpose of this Bylaw is to control noise which exceeds the allowable limits of this bylaw to insure that
such noise does not degrade the environment of the Town to the degree which;
a. it is harmful and detrimental to the health,welfare,and
safety of the inhabitants as defined herein.
b. it interferes with the comfortable environment of life,
property,and recreation of the inhabitants,and with the
conduct and operation of business and industry.
C. it causes nuisances as defined herein.
No one has a right to create excessive noise which harms the health,welfare and safety of the inhabitants of
the Town and distracts from their standard of living. Thorough this by-law the control and elimination of noise shall
provide the inhabitants with protection from excessive noise in the furtherance of their health and safety and in the
conduct of normal pursuit of life,recreation and commerce.
137-3 Definitions
Excessive Noise: Any sound which endangers or injuries the safety or health of humans or annoys and
disturbs a reasonable person or normal sensitivities or endangers or injuries personal or real property. Such sound
shall be considered as"excessive"when measured as exceeding the limits of Section 137-7 herein.
Emerpencv: Any occurrence or set of circumstances involving actual or eminent physical trauma or
property damage which demands immediate attention.
Emergency Work:Any work performed for the purposes of preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency.
Person: Any individual, association, partnership or corporation and includes any officer, employer,
department,agency or instrumentality thereof.
Homeowners Light Residential Outdoor Equipment: All engine or motor powered maintenance and
construction equipment intended for repetitive use in residential areas, typically capable of being used by a
homeowner,(examples are;lawn mowers,garden tools,riding tractors,snow blowers,snow plows,chain saws,etc.)
Commercial Service Equipment: Equipment intended for infrequent service work typically requiring
commercial or skilled operations,(example are;log chippers,paving rollers,jackhammers,etc.)
-� Da e:The period between the hours of 7 a.m.and 5 p.m.
Nighttime SleMin Hours:The period between 11 p.m.and 7 am.
15
DB: Is the abbreviation of decibel.
1374 Policy
a. It shall be unlawful for any persons within the Town of North Andover to make, continue or cause
to be made or continued any loud,unnecessary,unusual or excessive noise which either annoys, disturbs, injures or
endangers the comfort, repose, convenience, health, peace or safety of others within the Town limits. The
determination as to whether noise is excessive will be made by the Board of Health or their designee. Such
determination shall be made when a measurement of noise indicates that the levels set forth in Section 137-7 are
exceeded at the property line of an abutting property, unless exempt by Section 137-6, or for emergency work of
public service utilities,or by permit from the code enforcement officer,as per Section 137-5.
b. Those seeking enforcement of this ordinance shall file a written request for enforcement with the
Board of Health. Such request shall include reference to the site that causes the alleged violation of this by-law.
Further it shall be incumbent on those seeking enforcement to provide evidence that the limits of this by-law are
exceeded.
137-5 Permit
Not withstanding the above,the code enforcement officer may issue a permit to authorize matters otherwise
prohibited in this Bylaw upon application of a person should the code enforcement officer determine that the public
convenience, health, welfare or safety is not impaired, that there shall be a minimum impairment, and the activity
engaged in is necessary in the normal course of a business or commercial use.
137-6 Exceptions
The exceptions to this Bylaw are as follows:
the use of homeowners light residential outdoor equipment.
the use of commercial service equipment during the daytime
period.
the operation of any motor vehicle on a public way.
emergency work.
municipal and/or other publicly sponsored events.
137-7 Table of Noise Standards
The following standards shall be considered in violation if the below levels are exceeded as measured at the
property line of the property from which the noise is emanating.
Not to exceed 55 dB for more than an accumulation of 60
minutes in any 24 hour period
Not to exceed 45 dB for more than an accumulation of 30
minutes during nighttime sleeping hours.
137-8 Penalties
Penalties will be levied only upon an affirmative vote of the Board of Health. Penalties are as follows: for
the first violation a written warning;for the second violation within 12 months of a prior violation,50 dollars;for the
third violation within 12 months of a prior violation, 100 dollars; for the fourth or subsequent violation within 12
months,200 dollars. The date of violation shall be established as the date at which the Board of Health,at an official
meeting,voted to serve the written warning cited above.
137-9 Severability
16
The provisions of this Bylaw are severable. If any provision of this Bylaw or the application thereof to any
person or circumstance is held invalid,such invalidity shall not effect other provisions or applications of this Bylaw
which shall be given effect without the invalid provisions or application.
Petition of Lottie P.Hackett li
and Others
Voted to defeat Article 28 by lack of Unanimous Vote under"No Quorum"Provision.
LY VOTED to adjourn until Tuesday May 13 1997 at the North Andover High School Field
UNANIMOUS � y y g
House.
17
The Annual Town Meeting reconvened with a quorum present to open the
meeting at 7:10 PM.
ARTICLE 29. AMEND THE ZONING BYLAW. To see if the Town will vote
to amend the Zoning Bylaw with the following changes:
Delete from Table 1.1 Under Multi-Family, Village Residential the (**) , and
under note the reference to (**) which reads:
"Only with the provision of publicly owned and maintained sewers or town ap-
proved and accepted private sewers, (See Footnote 12 of Table 2 - Dimensional
Regulations) and with no more than five dwelling units per structure."
Change Table 2 - Summary of Dimensional Requirements, as follows:
1. Village Residential Lot Area Minimum S.F. change from 11, 000 to
43,560.
2. Village Residential Dwelling Unit Density Maximum Per Acre, Change
from 4 per acre to 1 per acre.
Delete from Paragraph 12, FN1.2 the following:
"Only if all lots are serviced with public sewer and/or a private sewer
system approved and accepted by the Town. For the purpose of this section,
the term private sewer system shall mean a sewer system built by a developer
to town specifications and locations, and dedicated to the Town."
Delete from Paragraph 12, FN1.3 the following:
"In the instance where no public sewer service is provided and there is ii
no private sewer system acceptable to the Town."
Petition of Ramsey Bahrawy
and Others
Voted by Two-third Vote declared by the Moderator to approve Article 291
as printed in the warrant.
18
ARTICLE 30. AMEND ZONING BYLAW - SECTION 8.1 (OFF STREET PARKING)
To see if the Town will vote to amend the North Andover Zoning Bylaw as fol-
lows: by deleting "10' x 201" and by inserting "9' x 181" from the first sen-
tence, and by deleting the entire second sentence as follows: "For parking
lots which contain ten (10) or more spaces, up to forty percent (40%) of the
total number of parking spaces provided may be designed for compact cars with
a minimum width of 7.5 feet and a length of 16 feet. Compact car spaces can-
not be provided for grocery stores."
Petition of Domenic J. Scalise li
and Others
Voted by Two-third Vote declared by the Moderator to approve Article 29
as printed in the warrant.
19
ARTICLE 31. STREET ACCEPTANCE - OLD CART WAY - CONTINUATION OF.
To see if the Town will vote to accept a certain roadway known as Old
Cart Way, situated in North Andover, Essex County, Massachusetts, being shown
on a plan of land entitled, "Subdivision Plan Wagon Wheel Estates in North
Andover, Mass., drawn for Arthur Gauthier, 1 Jenkins Road, Andover, Mass. ,
Scale 1"=401 , February. , 1987, Rev. December., 1987, Rev. 3-26-91, Merrimack
Engineering Services, 66 Park Street, Andover, Massachusetts, 01810", which
plan is filed with the Essex North Registry of Deeds as Plan No. 12029.
Parcel is a 50' wide right of way known as Old Cart Way, Station 0+00 (at the
end of the present Old Cart Way) to Station 25+83.47 and shown on an As-Built
Subdivision Plan and Profile in North Andover, Mass. , for Scott Construction,
prepared by Merrimack Engineering Services, Inc., dated December 1, 1995.
Petition of Charlene T. Mahoney'
and Others
UNANIMOUSLY VOTED to TAKE NO ACTION Article 31.
20
ARTICLE 32. STREET ACCEPTANCE - NADINE LANE. To see if the Town
will vote to accept a certain roadway, known as Nadine Lane, and situated in
North Andover, Essex County, Massachusetts, being shown on a plan of land en-
titled, `Special Permit & Easement Plan, located in North Andover, MA., pre-
pared for Willow Tree Development, Scale 1"=30", Date: 10/11/94, Christiansen
& Sergi, Professional Engineers and Land Surveyors, 160 Summer St., Haverhill,
MA 01830", which plan is filed with the Essex North Registry of Deeds as Plan I,I
No. 12551.
Parcel is a 50' wide right of way known as Nadine Lane, starting at Wil-
low Street at a line between Stations 0-7.35 and 0+8.98 to Stations 0+96.26
and then to a line between Station 5+65.70 and 5+60.15 also on the northerly
line of Willow Street and shown on a Street Acceptance Plan Nadine Lane, Pre-
pared by Christiansen & Sergi, dated March 1997.
Petition of Russell R. Karl
and Others
Voted by Majority Vote to accept the street as specified in Article 32 -
Plan No. 12551 which plan is recorded with the North Essex Registry of Deeds.
21
ARTICLE 33. STREET ACCEPTANCE - WHITE BIRCH LANE - CONTINUATION OF.
To see if the Town will vote to accept a certain roadway, known as White Birch
Lane, situated in North Andover, Essex County, Massachusetts, being shown on a
plan of land entitled, " `White Birch Estates"', Definitive Subdivision Plan,
North Andover, MA, Date: April 30, 1992, Revised: September 22, 1992, Scale:
1"=40' , Applicant: J.J. Associates, Inc., 380 Essex Street, Suite 1, Lawrence,
MA 01841, Prepared by Environeers, Inc., Post Office Box 516, North Andover,
MA 01845", which plan is filed with the Essex North Registry of Deeds as Plan
No. 12242.
Parcel is a 50' wide right of way with its turnaround known as White
Birch Lane, Station 0+00 (on the Westerly edge of Bradford Street) to Station
8+50, and shown on an As-Built Subdivision Plan and Profile of White Birch
Lane prepared by Christiansen & Sergi, dated October 4, 1995.
Petition of Charlene T. Mahoney)
and Others
UNANIMOUSLY VOTED to TAKE NO ACTION Article 33.
22
ARTICLE 34. STREET ACCEPTANCE-CHERISE CIRCLE - CONTINUATION
OF. To see if the Town will vote to accept a certain roadway, known as
Cherise Circle, situated in North Andover, Essex County, Massachusetts, being
shown on a plan of land entitled, "Definitive P.R.D. Subdivision Plan, `White
Birch II' , located in North Andover, MA. , Scale 1"=401 , Plan of Lots, Lots 1-
10, Date: 8/13/93, Revisions: 10/12/93; 10/26/93; and 11/8/93, Record Owner:
Lawrence Alco Realty Tr., 1551 Osgood St., No. Andover, MA, Applicant: White
Birch Constr. Inc. , 380 Essex St. , Lawrence, MA. , Christiansen & Sergi, Pro-
fessional Engineers Land Surveyors, 160 Summer St., Haverhill, MA. , 10830"
which plan is filed with the Essex North Registry of Deeds as Plan No. 12376.
Parcel is a 50' wide right of way with its turnaround known as Cherise
Circle, Station 0+00 )on the southerly edge of White Birch Lane) to Station
6+34.89, and shown on an As-Built Plan and Profile of Cherise Circle prepared
by Christiansen and Sergi, dated, October 4, 1995.
Petition of Barbara T. Jensen
and Others
UNANIMOUSLY VOTED to TAKE NO ACTION Article 34.
23
i
ARTICLE 35. ACCEPT A GIFT OF LAND - LOT 124 HIDDEN COURT AND LOT
151 BLUE RIDGE ROAD. To see if the Town will vote to accept by deed from
First City Development Corp. the following two parcels of land:
(1) Lot 124 on Registered Land Plan 36903U on Hidden Court.
(2) Lot 151 on Registered Land Plan 36903-3 on Blue Ridge Road.
Petition of John J. Willis, Jr. �
and Others
UNANIMOUSLY VOTED to adopt Article 35 as printed in the warrant.
24
ARTICLE 36. STREET ACCEPTANCE - HICKORY FALL ROAD. To see if the
Town will vote to accept as a public way the roadway known as Hickory Hill
Road" from station 0+00 to Station 23+55.68, that being Station 0+0=23+55.68
and thence to Station 9+49.92, consisting of 3315.84 feet in length, more or
less, as shown on a plan consisting of three sheets entitled "As Built Plan of
Land located at Hickory Hill Road, North Andover, Massachusetts, drawn from
Tara Leigh Dev. Corp. , Scale 1"=401 , Date 9/25/96, Scott L. Giles, R.P.L.S. ,
North Andover, MA" and also shown as Hickory Hill Road on a plan entitled "De-
finitive Cluster Subdivision of Hickory Hill Estates - PRD Modified", drawn
for George R. Barker, Jr. , 1267 Osgood Street, North Andover, MA 01845, and
recorded in the Essex Northern District Registry of Deeds as Plan #11911 as
modified by and also shown on a plan entitled "Hickory Hill Estates (Phase li
II) , Scale 1"-401 , dated April 21, 1993, Rev. Dated May 28, 1993, Owner:
George R. Barker, Jr., Engineer: Scott L. Giles" and recorded in the Essex
Northern District Registry of Deeds as Plan #12287.
Petition of Thomas Zahoruiko
and Others
UNANIMOUSLY VOTED to adopt Article 36 as printed in the warrant.
25
I
ARTICLE 37. ACCEPT PROVISIONS OF M.G.L. CHAPTER 39, SECTION 9. To
see if the Town will vote to amend Chapter 59 of the General Bylaws of the
Town of North Andover by adding the following new section 59-6:
The Moderator may take all votes requiring a two-thirds majority in the
same manner in which he or she conducts the taking of a vote when a
majority vote is required
Board of Selectmen
VOTED to amend Chapter 59 of the General Bylaws of the Town of North
Andover by adding the following new section 59-6:
The Moderator may take all votes requiring a two-thirds majority in the
same manner in which he or she conducts the taking of a vote when a majority
vote is required
VOTE: YES 162 NO 2
26
ARTICLE 38. UPGRADE JETWOOD STREET. To see if the Town will vote
to raise and appropriate the sum of $10,000, to be expended under the direc-
tion of the Department of Public Works for the purposes of construction and
paving costs for the unpaved portion of Jetwood Street. (Beginning at Mablin
Avenue and running North to the end of Jetwood Street) .
Petition of Dann R. Nicolosi
and Others
UNANIMOUSLY VOTED that the Town appropriate from Article 12, Item 26 of the
1991 Annual Town Meeting, the sum of $10, 000 for the purpose of preparing a
layout plan and making specific repairs to Jetwood Street pursuant to Chapter
82 of the General Laws, subject to the following conditions:
That prior to the expenditure of the funds the owners along Jetwood Street
(beginning at Mablin Avenue and running North to the end of Jetwood Street)
would agree to waive any claims to ownership in the land under Jetwood Street
at the time it is accepted as a Town way in a form acceptable to the Board of
Selectmen; and
that each owner of property with frontage along said portion of Jetwood
Street agrees to reimburse the Town a sum not to exceed $125.00 to offset the
cost of preparing the Layout Plan required to accept it as a Town way at the
time it is accepted as a Town Way.
27
ARTICLE 39. AMEND A PORTION OF THE ZONING MAP FROM RESIDENTIAL 6 TO
GENERAL BUSINESS. To see if the Town will vote to rezone the following adja-
cent parcels of land from Residential 6 (R6) to General Business (GB) . Said
land is located on Turnpike Street - Route 114 approximately 1, 000 feet East
of the intersection of Routes 114 and 125. Said land is adjacent to land
which is now zoned General Business.
Parcel #1- 633 Turnpike Street, also known as Parker Realty Trust consisting
of .50 acres - Map 25, Parcel 44.
Parcel #2 - 643 Turnpike Street, also known as the Lufkin Residence, consist-
ing of .50 acres - Map 25, Parcel 50.
Parcel #3 - 651 Turnpike Street, also known as the Jolbert Residence, consist-
ing of 1.10 acres - Map 25, Parcel 53.
Plot #4 - Holbrook Realty Trust, consisting of approximately 10 acres -
Map 25, Parcel 4.
Petition of Holbrook Realty Tru'Ist
Leonard Annaloro and Others
UNANIMOUSLY VOTED to refer Article 39 back to the Planning Board for
study.
28
I
ARTICLE 40. AMEND A PORTION OF THE ZONING MAP - BALDWIN STREET.
To see if the Town will vote to amend the Zoning map by rezoning the property
located at approximately 20 Baldwin Street from General Business to Residen-
tial 4 (R4) . Such a change in zoning would represent the zoning of the prop-
erty to the same as both sides of the property. The property is further de-
fined as Lot C-1 containing 13,700 sq.ft. on Plan #12900 at North Essex Regis-
try of Deeds.
Petition of Ann L. Dolbier
and Others
UNANIMOUSLY VOTED to adopt Article 40 as printed in the warrant.
29
ARTICLE 41. CONSERVATION RESTRICTION - OSGOOD HILL. To see if the
Town will vote to direct the Selectmen to place a Conservation Restriction on
the parcel or plot of land known as the "Osgood Hill" more particularly shown
as Tax Map #35 parcel 23 (hereinafter the "Premises") but excepting so much of
said Premises as is shown on Study Plan `Land in North Andover - B.U. Confer-
ence Center Dated May 1994" by Merrimack Engineering Services, relating to the
driveway and existing structures and an area surrounding them not greater than
100 feet pursuant to Section 31, 32, and 33 of the General Laws of the Coon-
wealth of Massachusetts, in perpetuity for the exclusive purposes of conserva-
tion, and prohibiting any of the following on said premises:
1. Constructing or placing of any building, tennis court, landing strip,
mobile home, swimming pool, fences, asphalt or concrete pavement, sign,
billboard or other advertising display, antenna, utility pole, tower,
conduit, line or other temporary or permanent structure or facility on,
below or above the Premises;
2. Mining, excavating, dredging or removing from the Premises of soil,
loam, peat, gravel, sand, rock or other mineral resource or natural de-
posit;
3. Placing, filling, storing or dumping on the Premises of soil, refuse,
trash, vehicle bodies or parts, rubbish, debris, junk, waste or other
substance or material whatsoever or the installation of underground
storage tanks;
4. Cutting, removing or otherwise destroying trees, grasses or other vege-
tation;
5. The subdivision of the Premises;
6. Activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation;
7. Any other use of the Premises or activity which would materially impair '
significant conservation interests unless necessary for the protection '
of the conservation interests that are the subject of this Conservation )
Restriction.
Notwithstanding the foregoing prohibited uses, the following acts and uses 11
otherwise prohibited shall be permitted but only if such acts or uses do note,
materially impair significant conservation interests.
1. The maintenance of piles of limbs, brush, leaves and similar
biodegradable material provided such piles are not conspicuous or otherwise
interfere with the conservation objectives of this Conservation Restriction.
2. Hunting, fishing, recreational uses and camping.
3. Selective cutting of trees for fire protection, unpaved trail and road ',
maintenance, tick control, or otherwise to preserve the present condition of
the Premises, including vistas.
4. Woodland, farming, and animal husbandry operations carried on in accord- I
ance with sound agricultural and forest management practices (including but
not limited to the cultivation of fields, the mowing and grazing of meadows '',
and the selective cutting and planting of trees) .
30
5. Erection of signs by the Town identifying the Town as holders of the re- !
striction and to educate the public about the conservation values protected
and any limitations relating to public access.
Petition of Albert P. Manzi III
and Others
Voted to defeat Article 42 - YES - 50 NO 130
ARTICLE 42. CONSERVATION RESTRICTION - TOWN FARM. To see if the
Town will vote to direct the Selectmen to place a Conservation Restriction on
the parcel or plot of land known as the "Town Farm" more particularly shown as
Tax Map # 64 Parcel 20, Parcel 18, Parcel 9 and Parcel 64 (hereinafter the ,
"Premises") pursuant to Section 31, 32, and 33 of the General Laws of the Com
monwealth of Massachusetts, in perpetuity for the exclusive purposes of con- 'I
servation, and prohibiting any of the following on said Premises:
1. Constructing or placing of any building, tennis court, landing strip,
mobile home, swimming pool, fences, asphalt or concrete pavement, sign, bill-
board or other advertising display, antenna, utility pole, tower, conduit,
line or other temporary or permanent structure or facility on, below or above
the Premises;
2. Mining, excavating, dredging or removing from the Premises of soil, ,
loam, peat, gravel, sand, rock or other mineral resource or natural deposit;
3. Placing, filling, storing or dumping on the Premises of soil, refuse, ',
trash, vehicle bodies or parts, rubbish, debris, junk, waste or other sub
stance or material whatsoever or the installation of underground storage'
tanks;
4. Cutting, removing or otherwise destroying trees, grasses or other vege-
tation;
5. The subdivision of the Premises;
6. Activities detrimental to drainage, flood control, water conservation, !,
erosion control or soil conservation;
7. Any other use of the Premises or activity which would materially impairl,
significant conservation interests unless necessary for the protection of the'�
conservation interests that are the subject of this Conservation Restriction.
Notwithstanding the foregoing prohibited uses, the following acts and uses!
otherwise prohibited shall be permitted but only if such acts or uses do not',
materially impair significant conservation interests.
1. The maintenance of piles of limbs, brush, leaves and similar biodegrada-I,
ble material provided such piles are not conspicuous or otherwise interferelli
with the conservation objectives of this Conservation Restriction.
2. Hunting, fishing, recreational uses and camping.
3. Selective cutting of trees for fire protection, unpaved trail and road
maintenance, tick control, or otherwise to preserve the present condition ofl,
the Premises, including vistas.
4. Woodland, farming, and animal husbandry operations carried on in accord-I',
ance with sound agricultural and forest management practices (including but''!
31
I
-� not limited to the cultivation of fields, the mowing and grazing of meadows
and the selective cutting and planting of trees) .
5. Erection of signs by the Town identifying the Town as holders of the re-
striction and to educate the public about the conservation values protected
and any limitations relating to public access.
Petition of Albert P. Manzi III
and Others
VOTED BY 2/3 VOTED DECLARED BY THE MODERATOR that the Town authorize the Se—
lectmen, on the parcel or plot of land known as the "Town Farm" more particu-
larly shown as Tax Map # 64 Parcel 20, Parcel 18 , Parcel 9 and Parcel 64
(hereinafter the Premises") to transfer to the North Andover Conservation Com-
mission the care, custody, management, and control of said premises pursuant
to Chapter 184 Sections 31, 32, and 33 of the General Laws of the Common-
wealth of Massachusetts, in perpetuity for the exclusive purposes keeping said
premises for conservation, open space preservation, and to keep the land ex-
clusively in a natural, open, and scenic condition. The North Andover Conser- ',
vation Commission or their designee will manage the premises for conservation
and passive recreation in accordance with the Conservation Commission Act Mas- 11
sachusetts General Laws Chapter 40, 8C and will not make any major improve- ,
ments, on any part or whole portion of said premises, and/or erect any struc- i,
ture on said premises except as permitted by the Conservation Commission Act, ',
and the Town of North Andover Wetland Regulation Bylaw.
~� The Conservation Restriction and/or Transfer of Land to the Conservation Com
mission shall not apply to so much of said premises that pertain to the soccer,
fields, existing garage and their surrounding grounds already in existence on',
Dale Street located on parcel 20 of tax map number 64. The custody, manage- ',
ment, and control of said exclusion shall remain with the Town of North Ando- Ili
ver.
A Unanimous Vote to dissolve the 1997 Annual Town Meeting was taken atl
9:19 PM.
32