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HomeMy WebLinkAbout1986-04-26FRANCIS X. BELLO"I'rl AI'rORNEY GENERAL THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY JOHN W. MC CORMACK STATE OFFICE Bu~L ONE ASHBURTON PLACE, BOSTON 02 ! OS~3 li0Rl*H A~ ~0YER Daniel Long Town Clerk Town of North Andover Andover, MA 01845 JUL 30 I0 AH '811 July 29, 1986 Dear Mr. Long: I enclose the amendments to general by-laws adopted under articles 42 and 43 and the amendments to zoning by-laws adopted under articles 13, 15, 16, 17, 18, 100, 103, 104, 105 and 108 of the warrant for the North Andover Annual Town Meeting that convened April 26, 1986, with the approval of the Attorney General endorsed thereon and on the zoning map pertaining to articles 103, 104, 105 and 108. Very truly yours, Henry F. O'Connell Assistant Attorney General HFO/emb Enclosure B TO%'N C~RK N'1]R T H A~DOVE~ JuL ~0 tO.,~ m'86 July 29, 1986 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under articles 13, 15, 16, 17, 18, 100, 103, 104, 105 and 108 of the warrant for the North Andover Annual Town Meeting that convened April 26, 1986, are hereby approved. duc :~0 t0 ,~ AN'B6 July 29, 1986 BostOn, Massachusetts The within zoning map pertaining to Articles 103, 104, 105 and 108 of the warrant for the North Andover Annual Town Meeting that convened April 26, 1986, is hereby approved. NORT',-~ A~ L, OVER Jul. ]0 I(~ ~t P,~I '86 July 29, 1986 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under articles 42 and 43 of the warrant for the North Andover Annual Town ~eeting that convened April 26, 1986, are hereby approved. Article 13. PHASED DEVELOPMENT BYLAw. TO see if the Town wil~ vote to amend the Zoning Bylaw by creating a new (Section 4.2) to read as follows: "4.2 Phased Development Bylaw (1) Building permits for the ~nstruction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of this provision shall not be granted at a. rate per annum greater than~a$ permitted by the foltowin9 schedule: N9. of lots Min. Yrs. of Max. Lots Development Developed/Yr 1~6 1 All 7-20 2 50% of 'total 21-34 3 33% of total 35-50 4 25% of total 5~-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total (~) Lots can be sold any time for the construction of dwellings in the designated future years. However, ahy lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest date of which construction may be commenced in accordance with these provisions. (3) If there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivisions held by common or related ownership, then both subdivision shall be construed to be a single subdivision for the purposes of this Bylaw. (4) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board. Subsequent changes~in the shape or ownership of lots shall not render the provisions of this Bylaw void. Petition of Planning Board (5) The anniversary date for each subdivision or contiguous Form A lots under this provision s~all be no earlier than the date on'which all required approvals required for a building permit have been obtained (e.g. Planning Board approval of Definitive Plan, Board Of Health Approval, Conservation Committee Approval, etc.). (6) Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and.contiguous Form A lots covered by this provision shall be limited to twice the allowed annual imaximum permitted for that project under the provisions of this bylaw. Allowed building permits in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that this cap is not exceeded. (7) The Planning Board, in ~onjunction with the Building Inspector, shall be responsible for administering this section of the bylaw. Accordingly, the Planning shall adopt and publish teas. on,bie regulations for carrying out its duties under this section. In particular, these regulations should address the conditions and procegses for authorizing building permits on an annual basis. (8) The invalidity of one or more provision or clauses of this section shal~ not invalidate or impair the section as a whole or any other part thereof. Petition of Plannin~ Board This article was voted to adopt ~s ~mended. The ~mendment bein~ the additions ~f paragraphs (5) (6) (7) ~na (8). The vote to adopt was YES 310 NO i3~ ATTEST UE C0 TOWN OF NORTH ANDOVER LONG, Town Clerk The HonoraBle Francis X. Bellotti Attorney General of ~assachusetts One Ashburton Place Boston, MaSs. 02108 TOWN BUILDING NOR?H At, DOVER, MASS. 01845 Nay i5, 1986 Dear Attorney General: At our AnnUal Town Meeting held April 26,28,29 and May 1,6. 1986 in the Veteran's Auditorium of our North Andover Middle School, %he following true and a~tested copies of Zoning and General By-Laws were voted on and are hereby isubmitted for your approval. ZONING ARTICLES. 13,15,16,17,18, 100,103,10~,105, and 108. GEN. BY-LAWARTICLES. 42 and Ail requirements of the law hive been compilied with. ATTEST i ~UE COP~ TOWN CL~K~ TOWN OF NORTH ANDOVER 120 M,ain Street North Andover, MA. 01845 685-4775 Mr. Daniel:Long, Town Clerk Town Office Building 120 Main St. North AndoUer, MA 01845 May 15, 1986 Dear Mr. LOng: EncloSed please find the required material from the Planning Board regarding zoning bylaw amendments made at the 1986 Annual Town Meeting to~ be submitted to the Attorney General for final review and approval. If yo!u need any further information, please do not hesitate to contact my office. Thank you. cc: Keith!Bergman, Executive Secretary Sincerely, Erich W. Nitzsch~ Chairman ATTEST: A True Copy TOwn Clerk Article 43. CONSERVATION COMMISSION BYLAW AMK-NDMENT. To see if the Town will vote to amend its General Bylaws, Chapter 3, section 3.5(B), Wetlands Protection, Paragraph 11, to read as follows: 11. Any application submitted under this Bylaw will not be considered complete until such time that a fee is submitted to the Conservation Commission to the Town of North Andover. Said fee will be submitted pursuant to the following rules and fee schedule: RULES: Permit fees are payable at the time of application and are nonrefundable. bo Co Permit fees shall be calculated by this department per schedule below.. Town, County, State or Federal projects are exempt from fees. No fee is charged for under the law for extensions of order of conditions. Failure to comply with the .law after official notification Shall result in fees twice those normally assessed. FEES: Wetlands Bylaw Hearing $25 (i.e., dwelling, tennis court, swimming pool,~ bridge, site grading, etc. Residential subdivisions or multiple residential unit filings shall be charged $25 per residential-unit. A residential unit shall be defined as that space designed for occupancy by 1 family (i.e., a duplex eqUals 2 residential units, a structure containing 6 condominium units equals 6 residential units.) Residential subdivisions filed without dwellings shown on plans, or without designated lot boundaries shall be charged $25. per 150 ft. of roadway frontage. d. Commercial and industrial projects shall be charged ~ accordingly; $25 per acre, or part thereof. e. i All requests for Determination shall be charged $25. (Petition of the Conservation Commission) VOTED to approve the article as written with the following amendments: under RULES, item d., omit first "df" and substitute therefor"to"; and under FEES, item d., omit ,'accordingly;" Under the aforesaid article it was VOTED UNANIMOUS to adopt. ~ ATTEST TOWN OF NORTH ANDOVER 120 Main Street North Andover, MA. 01845 685-4775 May 15, 1986 Mr. Daniel Long, Town Clerk Town Office Building 120 Main Street North Andover, i MA 01845 Dear Mr. Long:i The following is a l%st of the members of the North Andover Planning Board~ Erich W. Nitzsche, Chairman Michael P. Roberts, Vice-Chairman JohnlL. Simons, Clerk PauliA, Hedstrom John J. Burke EWN:nrs Sincerely, PLANNING BOARD Erich W. Nitzsche, Chairman ATTEST: A True Copy Town Clerk TOWN OF NORTH ANDOVER 120 Mai.'n Street North Andover, MA. 01845 685-4775 May 15, !986 Mr. Daniel ~ong, Town Clerk Town Office iBuilding 120 Main North Andover, MA 01845 Re: 1986 Amendments to North Andover Zoning Bylaw and Zoning Map Dear Mr. Long: The purpose of this letter is to formally notify you that legal notices were mailed as required by M.G.L. Chapter 40A, Section 5, ~egarding the following articles passed at the April 26, 1986 Annual Town Meeting: 13,15, 16, 17, 18, 100, 103, 104, 105, 108 Sincerely~, __ ' Erich W. Nitzs¢~l~ Chairman ATTEST: ~o~t~ Clerk AMENDMENTS TO T~E TOWN BYLAW~ Artiicle 42. HANDICAPPED PARKING BYLAW. To see if the Town will vote to iamend its General Bylaws by adding a new section 9.10, in accordance with clause 23 of section 21 of Chapter 40 of the General Laws, as~ follows: 9.~0 Handicapped Parking Spaces Designated parking spaces for vehicles owned and operated by disabled veterans or by handicapped persons and bearing the distinctive number plates ~uthorized by section 2 of Chapter 90 of the General Laws shall be provided in public and private of~-street parking areas in accordance with this Bylaw. (a) Any person or body that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, 'shopping malls, theaters, auditoriums, sporting or recreatidnal facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as.invitees or licensees, shall be required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by section 2 of chapter 90 of the General Laws, according to the following formula= If the number of parking spaces in any such area is more than fifteen but not more than twenty-five, one parking space; more than twenty-five but not more than forty, five percent of such spaces but not less than two; more than forty but not more than one hundred, four percent of such spaces but not less than three: more than one hundred but not more than two hundred, three per cent of such spaces but not less than four; more than two hundred but not more ~han five hundred, two percent of such spaces but not less than six; more than five hundred but not more than one thousand, one and one half per cent of such spaces but not less than ten; more than one thousand but not more than two thousand, one per cent of such spaces but not less than fifteen; more than two thousand but less than five thousand, three-fourths of one percent of such spaces but not less than twenty; and more than five thousand, one-half of one percent of such spaces but not less than thirty. (b) Parking spaces designated as reserved under the provisions of paragraph (a) shall be identified by the use of above grade signs with white lettering against a blue background and shall ~ear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense"; shall be ~S~near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting ~dewalk access to a handicapped person; and shall be twelve feet Wide or two eight-foot wide areas with four feet of cross hatch between them. (Petition of Police Chief) VOTED to approve this article as written, with the following amendment: (c) Any owner of a place to which the public has a right of access as licensees or invitees shall provide, in~tall, and maintain "Handicapped Parking" signs and pavement markings as set forth in paragraph (b). ' Unde~ the aforesaid article it was VOTED UNAN~OUS to adopt. · ATTEST ~ "Article 43. CONSERVATION COMMISSION BYLAW AMENDMENT. To see if the Town will vote to amend its General Bylaws, Chapter 3, section 3.5(B), Wetlands Protection, Paragraph 11, to read as follows: 11. Any application submitted under this Bylaw will not be considered complete until such time that a fee is submitted to the Conservation Commission to the Town of North Andover. will be submitted pursuant to the following rules schedule: RULES: Se Ce Said fee and fee Permit fees are payable at the time of application and are nonrefundable. Permit fees shall be calculated by this department per schedule below.. Town, County, State or Federal projects are exempt from fees. No fee is charged for under the law for extensions of order of conditions. Failure to comply with the .law after official notification shall result in fees twice those normally assessed. FEES: Se, Wetlands Bylaw Hearing $25 (i.e., dwelling, tennis court, swimming pool,, bridge, site grading, etc. Residential subdivisions 05 multiple residential unit filings shall be charged $25 per residential unit. A residential unit shall be defined as that space designed for occupancy by 1 family (i.e., a duplex equals 2 residential units, a structure containing 6 condominium units equals 6 residential units.) ~' Residential subdivisions filed without dwellings shown on plans, or without designated lot boundaries shall be charged $25. per 150 ft. of roadway frontage. Commercial and industrial projects shall be charged accordingly; $25 per acre, or part thereof. e. Ail requests for Determination shall be charged $25. (Petition of the Conservation Commission) VOTED to approve the article as written with the following amendments: under RULES, item d., omit first "of" and substitute therefor"to"; and under FEES, item d., omit "accordingly;" Under the aforesaid article it was VOTED UNANIMOUS to adopt. ATTEST TOWN CLERK TOWN OF NORTH ANDOVER DANmL LoNo, Town Clerk Rr,~CTION DEPARTmeNT ZONING BY-LAWS (CONTINUED) TOWN BUILDING NOBTH ANDOV~-H. MASS. 0184§ AZticle 15. INCREASE IN FINE FOR ZONING BYLAN VIOLATION. To see if the Town will vote to amend the Zoning Bylaw by striking the paragraph under (Section 10.13 Penalty for Violation) and adding the following: "Whoever continues to violate the provisions of this Bylaw after written notice irom the Building Inspector demanding an abatement of a zoning violation within a reasonable time, shall be subject to a fine of three hundred dollars ($300). Each day 'that such violation continues shall be considered a separate offense." Petition of the Planning Board Under the aforesaid ar{icle it was voted to adopt. YES 333 NO 16 ~Lrticle 16. MINIMUM CONTIGUOUS BUILDABLE LOT AREA REQUIREMEIF~ To see ii the Town will vote to amend the Zoning Bylaw by adding the following after ithe first paragraph in (Section 7.1 Lot Area:) "The area o[ the lot, exclusive of area in a street or recorded way open ~o public use, at least seventy - five (75) percent of the minimum lot ~rea required for zoning shall be contiguous land other than land located Within a line identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section ~0, The proposed structure must be constructed on said designated contiguous land area. Petition of Planning Board Un~er the aforesaid article it was voted to adopt as amended. AMEND the first sentence by adding. Astor April_ 28,1986,. the area of any new lot created., exclusive The vote to adopt was YES 292 NO 8h ATTEST DAX~ LO~, Town Clerk Z0NINGi BY-LAWS (CONTINUED) TOWN OF NORTH ANDOVER TOWN BUILDING Nolrr'a ANDOVE~, Mass. 01845 Article 17. FOR PROFIT EDUCATIONAL FACILITIES BY SPECIAL PERMIT. To see if the Town will vote to amend the'Sections 4.121, 4.122 and 4.123 (Residence Districts R1,2,3,4,5) of the Zoning Bylaw by deleting the phrase Educational Facilities and adding: 4.1121 and 4.122 Residential Districts R1,R2,R3,R4 "9a. Public and Private non-profit educational facilities. 9b. Public and Private for profit edu~at{onal facilities by Special Permlt." 4.i23 Residential District R5 "10a. Public and Private non-profit educational facilities. lOb. Public and Private for profit educational facilities by Special Permit." AND; - to amendi(Table I (p.39) of the Zoning Bylaw by deleting the word ("Yes") under (P~ivate School for Profit) in Residential Districts R1,2,3,4,5 and insert ('!SP") for Special Permit required. Petition of Planning Board Under the aforesaid article it was VOTED U~AN~0US to adopt as ~mended. The ~tmemdmen% %etn~ %h~% in Line 9% ~ 10% the words(Pu%lf¢ znd) %e deleted. ATTEST TOWN CLINK TOWN OF NORTH ANDOVER D.~rlEL Lo.a, Town Clerk ZONING BY-LAWS (CONTINUED) TOWN BUILDING NORTH ANDOVER, MAS8. 01845 Article 18. MUNICIPAL USES BY SPECIAL PERMIT. To see if the Town will vote to amend the Zoning Bylaw (Section 4.122, Residence 4 District, subsection (10} to readias follows: "(10) Municipal building or use, and public service corporation use (Speciail Permit required)." Petition of Planning Board Under the aforesaid article it was VOTED UNANIMOUS to adopt. ATTEST TOWN OF NORTH ANDOVER LONG, Town Clerk EI~'~ION DEPARTMENT TOWN BUILDING NORTH ANDOYER, MASS. 0154§ ZONING BY-LAWS (CONTINUED) A~ticle 100. ZONING BYLAWS: AGRICIILTURAL USES. To see ii the Town will vote to delete sections 6a and 6d of 4.121 (Residence 2 and 3) of the Zoning Bylaw which reads: 6a) Farming of field crops and row crops, truck gardens, orchards, plant n~rseries, and green houses. d) The sale of products raised as a result Of the above uses on the subject land. and add: 6a) e) Agriculture, horticulture, floraculture, viticulture or silvaculture The sale of products of agriculture, horticultue, .floraculture, viticulture or silvaculture as well as accessory or customary items, by any person wh9 is primarily engaged in any of the above activities. The operation must be on at least 10 cO~tinguous acres used primarily for any of these activities.. Petition of H. ~ichael Sm01ak Thc aforesaid article was voted to adopt as amended. The amendment being that Section 6d not be deleted and that a new Section ca/led Section 6e be added. The vote was UNAN~tOUS to adopt the article. ATTEST TOWN OF NORTH ANDOVER ~ LONa, Town ~erk z0~zN0 ~y-~ws (00~I~'~) Az-ticle ~O3. P~ZONING 1341 osGOOD STRFA~T. T° see if the Town will vote to amend the Zoning Bylaws and ~oning~aP of the Town of North Andover change a strip of Industrial I-1 land back to Residential R-2 zone. Current Industrial I-1 land to Residential R-2: Said strlip of land is within a certain parcel of land with buildings thereon located at 13410sgood Street, being part of the Bar,er property, said parcel contains approximately 3.4 acres, as reco~ded in the North Essex Registry of Deeds, Book 1926, Page 46, andlis bounded as follows: On the ~orth by land of the Airport co'mission of Lawrence, MA, on the east and south by other land of George R. Barker, on the west by iOsgood Street, State Highway 125; The~said strip of land to be rezoned back to Residential R-2 is within the above described parcel, running continuously along the northerly boundary 6f said p~rcel averaging 95 feet in width, all as Shown on a plan of land entitled "Composite Site Plan of Land for Re-zoning Purposes in North Andover, MA for George R. Barker" dated january 27, 1986, as prepared by John Callahan Associates of Andiover, MA. Petition of Karen J. Barker and others ToW~T BUILDING . NORTH ANDOVEI/. MASS. 01845 Under the aforesaid article it was VOTED UNANIMOUS to adopt. TOWN OF NORTH ANDOVER ARTICLES (CONTINUED) ~ TOWN' BUILDING NORTH A~IJOVER, MASS. 0184~ /krticle 104. REZONING WESTERLY SIDE OF THE Al/DOVER BY-PASS/ROUTE 125. To see if the Town will vote to amend the North Andover Zoning Bylaws and Map to change from Residential-3 (R-3) and 2Industrial-2 (I-2) to Residential-5 (R-5), a certain parcel of land fronting on Andover By-pass/Route 125 consisting of 8.14 acres, more or less. The 'parcel sought to be rezoned is more particularly bounded and described as follows:. A Uertain parcel of land situated on the Westerly side of the Andover By-Pass/Route 125 in North Andover, Essex County, Malssachusetts, and being more particularly bounded and described as~ follows: EAST E RLY NORTHERLY SOUTHWESTERLY by the Andover By-Pass/Route 125 Two Hundred Fifty-three and 65/100 (253.65) feet; by land now or formerly of the Augustinian College of Merrimack Valley in several courses, a total distance of Nine Hundred Ten and 96/100 (910.96); by land now or formerly of the Augustinian College of Merrimack Valley being on the Andover-North Andover Town Line, Six Hundred (600} feet, more.or less. SOUTHEASTERLY SOUTHWESTERLY SOUTHEASTERLY NORTHEASTERLY SOUTHERLY by land now or formerly of Bailey, Sibeleski, Hayden and Martin, Four Hundred Fifty-nine and 37/100 (459.37) feet; by land now or formerly of said Martin, forty-five (45) feet; by land now or formerly of Gorrie, One Hundred Eight and 03/100 (108.3) feet; by land now or formerly of Hope and Naomi Trombly, One Forty Nine and 32/100 (149.32) feet, more or less; and by land now or formerly of said Naomi Trombly, One Hundred Eighty-four (184) feet. Containing Eight and 14/100 (8.14) acres, more or less. Petition of Francis J. Trombly, Sr. and Maryemma S. Trombly and others Under the aforesaid article it was VOTED UNANi-MOUS to adopt. ATTEST  , E'LE'CTION DEPAETMENT ZONING AI~TICLES (CONTINUED) TOWN OF NORTH ANDOVER TOWN BUFL~ING NoaT~ A~DOVER. MASS. 0184~ Artic]~e 105. REZONING OF LOT $50 ON BERRY STREET. To see if the Town will vote ~o amend .the Zoning Bylaw and Zoning Map #106D, from Industrial District 1 to a Resldent/al 1 District. Said lot consists of 20,000 square feet more or less and is more particularly described in a deed dated November 10, 1983 recorded in the Essex North Registry of Deeds Bood 1757, Page 38. Petition of Kevin F. J. Stack and others Under the aforesai~ article it was VOTED UNANIMOUS TO adopt as amended. The amendment being to change line three (3) from Residential 1 District to Resid?ntial 2 District as there is no Residential 1 District established. ATTEST DA T , ! TOWN CL~ ZONING BY-LAWS (CONTI~U3ED Article 1~8. REZONING PROPERTY ALONG BERRY STREET. To see if the Town will vote to change the Zoning District for the parcels of land located on Berry Street North Andover, Essex .County, Massachusetts from its current Industrial I to Residential II and being more particularly described as follows: ~ ' PARCEL 1 '- A certain parcel of land in North Andover, with the buildings thereon, bounded and described follows: Beginning at a point on so-called Berry Street, from the land now or formerly of Archie E. Griffin and Marilyn Griffin, in a SOutherly direction one hundred ninety-six (196) feet; thence turning and running in an Easterly direction, two hundred (200) feet; thence turning and running in a Southerly direction, nine hundred (900) feet; thence turning and running Easterly, eighty-eight (88) feet; thence turning and running Northeasterly, fir~ hundred sixty-six (566) feet; thence turning and running Norlthwesterly, four hundred fifty (450) feet; thence turning and running Westerly to the point of beginning, one hundred sixteen (1~6} feet. · PARCEL 2 Beginning at a point of Berry Street and running Easterly along Lo~ S8 being land of Briand, two hundred (200) feet; thence rumning Southerly along land of Valiquette, one hundred (1001 feet; thence running Westerly along other land of Valiquette, tw~ hundred (200) feet; thence running Northerly along Berry Stseet, one hundred (100) feet to the point of beginning. Comtaining 20,000 square feet, more or less. PARCEL 3 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot $8, asl shown on a sketch of said property in possession of the grantors; thence by Lot $8. two hundred (200) feet Easterly by land now of Valiquette, to a point; thence turning and running Southerly, one hundred (100) feet by further land of Vailiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land now or formerly o~ Valiquette, to t~he point of beginning. Said premises being LOt $7 on said sketch as previously referred to, and containing 2q,O00 square feet, more or less. p~RC~. 4 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot %8, as shown on a sketch of said property in possession of the grantors; thence by LOt #8, two hundred (200) feet Easterly by land now of Valiquette, to a point; thence turning and running Southerly, one hundred (100) feet by further land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet W~sterly by land now or formerly of Valiquette, to the point of b~ginning. Said premises being Lot #7 on said sketch as pireviously referred to, and containing 20,000 square feet, o~ less. ATTEST ~TEUE COPY~ ARTICLE 108 (CONTINUED) PARCEL 5 Beginning at a point at the corner of land now or formerly of Grace Ryan, and running NOrtherly by Berry Street, so-called, bein~ an abandoned road, one hundred:(l'00) feet, to Lot $5 on a sketch of said property; thence by Lot $5, two hundred (200) feet Easterly by land now or formerly of Thomas E. Briand, to a point; thence turning and running Southerly, one hundred (100) feet by land of Valiquette, to a point; thence turning at right angles and running two hundred (200) fe~t Westerly, by land now or formerly on Grace Ryan, to the point of beginning. Said lot being Lot $4 on the aforementioned sketch, and containing 20,000 square feet, more or less. PARCEL 6 Beginning at a point at the corner of land of Conroy and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot $4 on a sketch of said DroDert¥; thence by LOt $4, two hundred (200) feet Easterly by land of Valiquette, to alpoint; thence turning and running Southerly, one hundred (100) feet by further land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land of Conroy, being Lot $2 on said sketch, to the point of beginning. Containing 20,000 sqRare feet, more or less. PARCEL 7 Begimning at a point in the Westerly line of Berry Street which is ome hundred thirty-five feet Northerly from the intersection of alboundary line of land now or once of Adlard Valiquette and landlonce of Moses Towne With said street line; thence running Northerly along said Berry Street line one hundred feet to a point; thence turning and running Westerly two hundred feet to a point: this boundary line being at right angles with said Berry Street line; thence turning at right angles in a Southerly direction one hundred feet to a point; thence turning at right angles and running in an Easterly direction two hundred feet to the point of beginning. PARCEL 8 EASTERLY SOUTHERLY WESTERLY NORTHERLY on Berry Street, so-called, one hundred feet, two hundred feet by land recently deeded to said Conroy, one hundred feet by land of Valiquette; and, two hundred feet also by land of Valiquette. Containing 40,000 square feet more or less. Petition of Brian Cardello and others Unde~ the aforesaid article it was VOTED UNANIMOUS to adopt. ATTEST · Amendments to the Bylaws (13-22) Article 13. PHASED DEVRT~)PMRNT BYLAW. TO see if the Town will vote to _ amend the Zoning Bylaw by creating a new (Section 4.2) to read as follows: Phased Development Bylaw (1) Building permits' for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lOtS held in common or related ownership on the effective date of this provision shall not be granted at a rate per annum greater than as permitted by the following schedule: No. of lots Min. Yrs. of Max. Lots Development Developed/Y~ 1-6 1 All 7-20 2 50% of total 21~34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total (2) Lots can be sold any time for the construction of dwellings in . the designated future years. HOwever, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest date of which construction may be 'commenced in accordance with these provisions. ~3) If there is a proposed subdivision with any lots that are ""500 fleet of lots in another subdivisions held by common or relatede~,~ .ownership, then both subdivision shall be construed to be subdivision for the purposes of this Bylaw. (4) Lot lines for Form A lots shall'be defined when the Form have been approved by the Planning Board. Subsequent changes- ~/,- or ownership of lots shall not render the provisions~of this'B~ ~ Petition of Planning Board EXPlOitATIOn: The intent of this bylaw amendment is designed to manage control the amount of residential development in town based upon the number of tlots shown.on a given subdivision plan and for Form A Plans (Form A PIans. ~ots that are created by having frontage on an existing public way and are not. subject to Subdivision Control Law). The re~erence table in the amendment dictates the number of lots per s.ubdivision; the minimum number ofu, years developmen= can occur; and the p~rcentage of lots developed per year. For example, a subdivision-that has slx (6) individual lots (see table) in total,; all lots or 100% of the lots may be develop6d in one given year. In a (15) lot subdivision, a maximum of e~ght (8) lots may be developed in the year of construction and ~he r~maining lots in the next year, and so on. mL uuZN BOA P. : TXOH, FAVORA BOARD~TION Article 15. INCREASE IN FI~ FOR ZONING BYLAW VIOLATION. To see if the Town will vote to amend the Zoning Bylaw by striking the paragraph under (Section 10.13 Penalty for Violation) and adding the following: "Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a-..zonfng violation within a reasonable time, shall be subject to a fine of hundred dollars ($300). Each day that such violation continues shall considered a separate offense." Petition of the Planning Board EXPLANATION: The purpose of this amendment is to increase the present zonfng violation fee of $20 pst zoning violation each day to $300, which .is the statutory maximum. PLANNING BOARD RECO~4ENDATION: FAVORABLE NO ADVISORY BOARD RECOMNF~IDATION Axticle 16. MINIMUM CONTIGUOUS BUILDABLE LOT AREA REOUIRE~4ENT To see if. the Town will vote to amend the Zoning Bylaw by adding after the first paragraph in (Section 7.1 Lot Area:) "The area of the lot, exclusive of area in a street or recorded wa to public use, at least seventy - five (75) percent of the minimum;1 area required for zoning shall be contiguous land other than land~ within a line identified as wetland resource areas in accordance with Wetlands Protection Act, Massachusetts General Laws, Chapter 131, 40. The proposed structure must be constructed on said desi contiguous land area. ~ · Petition of Planning Board ~. ~ ~a~ n~'V EXPLANATION= Any new lot(s) created will be required to have at least 75% .o~ the lot area as non-wetlands as described in the Wetlands Protection Act. For; example, a lot in a Residence 2 District (1 acre minimum) must have a minimum contiguous area totalling 32,670 square feet of land without wetlands to qualify as'a buildable lot. The structure must be located in that oonti, buildable area (CBA). : PLANNING BOARD RECOM~Rmq)ATION: FAVORABLE ~K) ADVISORYBOARD RECOMMENDATION Article 17. FOR PROFIT EDUCATIONAL FACILITIES BY SPECIAL PERMIT. To if the Town will vote to amend the Sections 4.121, 4.122 and 4.123 (Residence Districts R1,2,3,4,5) of the Zoning Bylaw by deleting the phrase Educational Facilities and adding: 4.121 and 4.122 Residential Districts R1,R2,R3,R4 ~ "ga. Public and Private non-Profit educational facilities. 9b. [1' '' Private for profit educational facilities by Spec~ial~?. 4.123 Residential District R5 l{.~. ~ ~,.'- ~.~'f? · "10a. Public and Private non-profit educational facilities. 10b., Permit." AND; Private for profit educational facilities by Special to amend (Table I (p.39) of the Zoning Bylaw by deleting the word ("Yes") under (Private School for Profit) in Residential Districts R1,2,3,4,5 and ~insert ("SP") for Special Permit required. Petition of Planning Board ~D[P[,~m~TION: At present, the Bylaw does not differentiate between public/private non-profit educational facilities and for-profit educational facilities (other than for Day Care facilities which is covered in a separate section o'f the zoning bylaw). This amendment requires a Special Permit review process in order to permit a for-profit educational facility to locate in a Residence. 1,2,3,4,5 District (~pecial Permit meaning public hearing and abutter notification). P~ING BOARD RECO~4~ATION: FAVORABLE recommendation on this article with the following changes~ Amen~ line 9b and 1Ob to read as follows: ~ Private for profit educational facilities by Special Permit." · . ~0 ~DVISO~.Y BOAR9 Article 18. MUNICIPAL USES BY SPECIAL PERMIT. To see if the Town will le Zoning~Bylaw (Section 4.122, Residence 4 District, subsection cad as follows: "(lq.) Municipal building or use, and public service corporation use (Sptcial!_Permit required)." Petition of Planning Board Table 1 - Summary of Use Regulations permits municipal uses by ~mit in Residence 1,2,3,4,5 Districts, however, the word use was not in the detailed district use regulations section 4.122 of the Bylaw. /Article 1{~0. ZONING BYLAW AW~DMENT: AGRICH]LT[]P~L USES. To see if the Town will vote to delete sections 6a and 6d of 4.121 (Residence 2 and 3) of the Zoning Bylaw which reads: 6a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. d) The sale of products raised as a result of the above uses on the subject land. and add: 6a) d) Agriculture, horticulture, floraculture, viticulture or silvaculture The sale of products of agriculture, horticultue, floraculture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at least 10 continguous acres used primarily for any of these activities. PLANNING ~OARD RECOMMENDATION: To be made at Town Meeting. In the event that Town Meeting adopts Article 100, the Planning Board recommends that the applicant, s of Articles 101 and 102 withdraw or request that no action be taken on them. The intent of Article 100 is to further clarify the sale of products, and accessory and customary items associated with said products sold on a farm containing 10 or more contiguous acres. Adoption of this article will eliminate the need for any person primarily engaged in the cited activities to rezone land from a residential to a business district. NO ADVISORY BOARD [{E~OMMENDATION Article 103. REZONING 1341 OSGOOD STR~T. To see if the Town will vote to amend the Zoning Bylaws and Zoning Map of the Town of North Andover to change a strip of Industrial I-1 land back to Residential R-2 zone. Current Industrial I-1 land to Residential R-2: Said strip of land is within a certain parcel of land with buildings thereon located at 13410sgood Street, being part of the Barker property, said parcel contains approximately 3.4 acres, as recorded in the North Essex Registry of Deeds, Book 1926, Page 46, and is bounded as follows: On the north by land of the Airport Commission of Lawrence, MA, on the east and south by other land of George R. Barker, on the west by Osgood Street, State Highway 125; The said strip of land to be rezoned back to Residential R-2 is within the above described parcel, running continuously along the northerly boundary of said p~rcel averaging 95 feet in width, all as shown on a plan of land entitled "Composite Site Plan of Land for Re-Zoning Purposes in North Andover, MA for George R. Barker" dated January 27, 1986,. as prepared by John Callahan Associates of Andover, MA. Petition of Kafen J. Barker and others PL~%]NING BOARD ~ECOMM~NDATION: FAVORABLE NO ADVISORY BOARD RF~C~D ATION 57. ~tiole 105. REZONING O~-L0~ #50 ON will vote to amend the Zoning Bylaw and Zoning Map #106D, from Industrial District 1 to a Residential 1 District. Said lot consists of 20,000 square feet more or less and is more particularly described in a deed dated November 10~ 1983 recorded in the Essex North Registry of Deeds Bood 1757, Page 38. Petition of Kevin F. J. Stack and others PLANNING BOARD RECO~.~IDATION: FAVORABLE, subject to the petitioner amending the proposed rezoning to Residential 2 (R-2) NOT Residential - 1 (R-l) ' There is no R-1 zoning district established, NO ADVI$OBY BOARD REC~ATION 58. Article 104. REZONING WESTERLY SIDE OF THE ANDOVER BY-PASS/ROUTE 125. To see if the Town will vote to amend the North Andover Zoning Bylaws and Map to change from Residential-3 (R-3) and Industrial-2 (I-2) to Residential-5 (R-5}, a certain parcel of land fronting on Andover By-pass/Route 125 consisting of 8.14 acres, more or less. The parcel sought to be rezoned is more particularly bounded and described as follows: A certain parcel of land situated on the Westerly side of the Andover By-Pass/Route 125 in North Andover, Essex County, Massachusetts, and being more particularly bounded and described as follows: EASTERLY NORTHERLY SOUTHWESTERLY by the Andover By-Pass/Route 125 Two Hundred Fifty-three and 65/100 (253.65) feet; by land now or formerly of the Augustinian College of Merrimack Valley in several courses, a total distance of Nine Hundred Ten and 96/100 (910.96); by land now or formerly of the Augustinian College of Merrimack Valley being on the Andover-North Andover Town Line, Six Hundred (600) feet, more or less. SOUTHEASTERLY SOUTHWESTERLY by land now or formerly of Bailey, Sibeleski, Hayden and Martin, Four Hundred Fifty-nine and 37/100 (459.37) feet; by land now or formerly of said Martin, forty-five (45) feet; SOUTHEASTERLY by land now or formerly of Gorrie, One Hundred Eight and 03/100 (108.3) feet; NORTHEASTERLY SOUTHERLY by land now or formerly of Hope and Naomi Trombly, One Forty Nine and 32/100 (149.32) feet, more or less: and by land now or formerly of said Naomi Trombly, One Hundred Eighty-four (184) feet. COntaining Eight and 14/100 (8.14) acres, more or less. Petition of Francis J. Trombly, Sr. and Maryemma S. Trombly and others PI2~NING BOARD I~ECO~RNDATXON: FAVOI~ABLE subject to the covenant agreement to limit the number of dwelling units to no more than 39. ADVISORY BOARD RECO~H~ENDATION Ar.ticle 108. REZONING PROPERTY ALONG BERRY STREET. TO see if the Town will 9ore to change the Zoning District for the parcels of land located on Berry Street North Andover, Essex County, Massachusetts from its current Industrial I to Residential II and being more particularly described as follows: PARCEL A certain parcel of land in North Andover, with the buildings thereon, bounded and described follows: BeginniNg at a point on so-called Berry Street, from the land now or formerly of Archie E. Griffin and Marilyn Griffin, in a Southerly direction one hundred ninety-six (196) feet; thence turning and running in an Easterly direction, two hundred (200) feet; thence turning and running in a Southerly direction, nine hundred (900) feet: thence turnxng and running Easterly, eighty-eight (88) feet; thence turning and running Northeasterly, five hundred sixty-six (566) feet; thence turning and running Northwesterly, four hundred fifty (450) feet; thence turning and running Westerly to the point of beginning, one hundred sixteen (116) feet. PARCEL 2 Beginning at a point of Berry Street and running Easterly along Lot #8 being land of Briand, two hundred (200) feet; thence running Southerly along land of Valiquette, one hundred feet; thence running Westerly along other land of Valiquette, two hundred (200) feet; thence running Northerly along Berry Street, one hundred (100) feet to the point of beginning. ContainLng 20,000 square feet, more or less. PARCEL 3 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot #8, as shown on a sketch of said property in possession of the grantors; thence by Lot #8. two hundred (200) feet Easterly by land now of Valiquette, to a point: thence turning and running Southerly, one hundred (100) feet by further land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land now or formerly of Valiquette, to the point of beginning. Said premises being ~ot ~7 on said sketch as previously referred to, and containing 20,000 square feet, more or less. PARCEL 4 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot #8, as shown on a sketch of said property in possession of the grantors; thence by Lot #8, two hundred (200) feet Easterly by land now of Valiquette, to a point: thence turning and running Southerly, one hundred (100) f~et by further land of Valiquette,' to a point~ thence turning at right angles and running two hundred (200) feet Westerly by land now or formerly of Valiquette, to the point of beginning. Said premises being Lot #7 on said sketch as previously referred to, and containing 20,000 square feet, more or less. 60. PARC KI., 5 Beginning at a point at the corner of land now or formerly of Grace Ryan, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet, to Lot ~5 on a sketch of said property; thence by Lot ~5, two hundred (200) feet Easterly by land now or formerly of Thomas E. Briand, to a point; thence'turning and running Southerly, one hundred (100) feet by land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly, by land now or formerly on Grace Ryan, to the point of beginning. Said lot being Lot #4 on the aforementioned sketch, and containing 20,000 square feet, more or less. PARCF.~ 6 Beginning at a point at the corner of land of Conroy and running Northerly by Berry Street, so-called, being an abandoned road, one hundre~ (100) feet to Lot ~4 on a sketch of said DroDert¥; thence by Lot #4, two hundred (200) feet Easterly by land of Valiquette, to a point; thence turning and running Southerly, one hundred (100) feet by further land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land of Conroy, being Lot ~2 on said sketch, to the point of beginning. Containing 20,000 square feet, more or less. PARCEL 7 Beginning at a point in the Westerly line of Berry Street which is one hundred thirty-five feet Northerly from the intersection of a boundary line of land now or once of Adlard Valiquette.and land once of Moses Towne with said street line; thence running Northerly along said Berry Street line one hundred feet to a point; thence turning and running Westerly two hundred feet to a point; this boundary line being at right angles with said Berry Stree~ line; thence turning at right angles in a Southerly direction one hundred feet to a point; thence turning at right angles and running in an Easterly direction two hundred feet to the p~int of beginning. PARCEL 8 fSASTERLY SOUTHERLY on Berry Street, so-called, one hundred feet, two hundred feet by land recently deeded to said Conroy, WESTERLY one hundred feet by land of Valiquette; and, NORTHERLY two hundred feet also by land of Valiquette. Containing 40,000 square feet more or less. ~etition of Brian Cardello and others pLAN~IING tK)ARD REC~TION: FAVORABLE NO ADVISORY BOARD RECO~RNIIATION 61. 1� 1 �StjEO � Q ARTICLE 103 f ♦G � 1 o ^, \ / �00 •�' ♦) p0/« 1 � _ f - CJ�AS ER VATIOK - \. QP CI p 3-7 • • � � � '%I1Trrl� o FW 7 I STR(CT 31 (j -Z 4 a.¢ 1 i Q �\ A a-2 4D t'V-C77S-4,gfJ1� 11 i� ♦� �O LE GENO • EATER A �/�,.../� /.� wASTe wAT D,ST�^ICF S � n �` `� � r _ o.:�� :Ir •�*M„s�,� �• � '9� "-� RE1510c t Ot �/TICT amu+ F!Z TREAT/CT' '1 V rz-AgY I f2-2 pr.-Sjoc-N - 2 OtSTOCT2 �A �• jam` ' T '-0R 4 P-3 t?EStDc-tq 1 TR CT 1 R-1� t?ESIOEI�Ce 4 D STRICT a19 i R-5 RESIDENCE 5 Ot ST121CT �� � �° 3� j �� $Ar1 � I • Q -a o ¢ a. IC�3-C ©USING—S5 t Ot5TRICT ti � 2R ooQ v ©►-2 austNess 2 01STRICT Q E3-3 austmess 3 Dt STRICT • tis .+ ` * " � -►- ° 5-4 SLAStt� ESS 4 OtSTOCT t�iEt�lEt2AL Stt 5 C�,a. 01ST r,21CT AQY I -t tNousl"I2tA_ t DISTRICT ; �ng . p Rp 4 . r � y o I-2 INOUSTRIAt_ 2 OISTRICT s � Q -FJ a R-4 Rl M'o� _ , S � "'`e'D► ° ° w' > > a MAL OtSTRICT I S INDUST S I-3 INDUSTRIAL 3 DISTRICT s R -d w � Roo `�• °TTP • FL000 i3t_AIN o`sTCZt.cT �qz UoGt1MC—rcTS Rc-cscszDtKG I I I jS ''S o o a. ¢• f i 1 • , Tac c s O c STrz t c -r , � � � i� R -d Gg ~`* `"� �i a «'- ♦ // ��; I�1 \♦`, `�. A a :/ UFi'fTfi� 4L/7 /1��l CD /ATTEST: A True Copy l 9 8 5 Town C 1 e rk 0 1000 i�%000 ' SCALE IN P�Gi MAY 12. 19"72 `2calc�o To REF<=R TO {?ESC21PT10t�5 ON Fit_E I� T4tE OFFICE OF TG�NN CLERK FOR SI�ECIFIG OIMC—NStONS OF GENECZ6.t...puSlt�lE65�t5'CC2tCT5 o y� rr ws -'Tjs o � sa � mil �- Common R- 3 ,s Ewa O ROAD O RO►.O 0o W i yP 'P 0 rP.Y VEST '4�v � g Rlvu w� o Q`° �`:�• ce W � 1 r Q 0 r •-sem--- GEAR 0.ioig¢wood G¢m¢tcry 1 3 Q -s ..z— O iAN6 \i V LANE F r' Q• 2 ED3 Ca-mEDZ4 CID I 1N V / ` TOWNE ` Pozvo i� ,S HARPNERSPOND E5 ERVAT 10N ` ``•� SHARPNERS POND a� CEDAR / d ICON D STATE FOREST 2-Z YA'Plc t PaE v P DRIVE W a DO'#JVA i o STATE FOREST STATE FOREST ✓ �r• --,� Gam••. � t �' o 1 , 1 1 horn PlayyrR.n,d 1 1 eF Norah An4.— �I kAc:,q p0 01 i ARTICLE 105 / i C < 4 1` o - v S ti N4 W i' p 8.� X41 -\b V / } y _ e •\ Y a '�J -•- app •� / /26 ARTICLE 104 G, ARTICLE 108- Z•1 7 STAY ♦�. - I � 1 2 F o k E ST �- `;� �--- , STEAAet4 POA/D I j f //% Q.2 �;AC20l:D�\ ♦ 11 PA�RK_ER� � �TQTE'��OREST! IP L C (L•2 ,---- ,'y2-------------�,- / cl �\\♦ SALEM\�\ POND I HAROLD PARKR� P STATE FOREr _ ` ,-,teRRY POND \I N� 1�`1 It �� 1 i CKA"rmSC.MAJ2TUJ Assoc to Feau,r s1r AVP2Ht1-L p i o STATE FOREST STATE FOREST ✓ �r• --,� Gam••. � t �' o 1 , 1 1 horn PlayyrR.n,d 1 1 eF Norah An4.— �I kAc:,q p0 01 i ARTICLE 105 / i C < 4 1` o - v S ti N4 W i' p 8.� X41 -\b V / } y _ e •\ Y a '�J -•- app •� / /26 ARTICLE 104 G, ARTICLE 108- Z•1 7 STAY ♦�. - I � 1 2 F o k E ST �- `;� �--- , STEAAet4 POA/D I j f //% Q.2 �;AC20l:D�\ ♦ 11 PA�RK_ER� � �TQTE'��OREST! IP L C (L•2 ,---- ,'y2-------------�,- / cl �\\♦ SALEM\�\ POND I HAROLD PARKR� P STATE FOREr _ ` ,-,teRRY POND \I N� 1�`1 It �� 1 i CKA"rmSC.MAJ2TUJ Assoc to Feau,r s1r AVP2Ht1-L TOWN OF NORTH ANDOVER 1986 ANNUAL TOWN MEETING WARRANT In the name o£ the Commonwealth of Massachusetts, and compliance ~ith Chapter 39 of the General Laws, and as recently amendec] by Chapte~ 8, Section 9A of the Acts of 1974 and our North Andover Town Bylaw;s, Chapter 2, Section 2.4, the inhabitants of the Town of North Andover qualified to vote in Town affairs met in the Veterans Auditoriur~ of our North Andover Middle School on Saturday, April 26, 1986, at I :30 p.m., and then and there acted upon the following a~tic_]es: A~NUAL TOWN ELECTIONS (1-2) Article 1. ANNUAL TOWN ELECTION. The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on Ma~ch 3, 1986. (Petition of the Selectmen} Article 2. ELECTION OF OFFICERS NOT ON BAL~.OT. Officers not required by ]aw to be elected by ballot. Selectmen) NO ACTION To elect all Town (Petition of the TOWN FINANCES (3-9) Article 3. REPORTS OF RECEIPTS AND EXPENDITURES. To see if the Town wf]] vote to accept the reports of receipt and expenditures as presented by the Selectmen (in the 1985 Annual Town Report). (Petition of the Selectmen) VOTED to accept the reports as presented. Article 4. COMPENSATION OF ELECTED OFFICIALS. To see if the Town wi].l vote to fix the s-~lary and compensation of the elected officers of the Town, as provided by Sect]on ]08 of Chapter 41 of the Genera]. Laws. (Petition of the Selectmen) VOTED tc fix the fo]lowing sa]aries of the elected officers cf the Town effective from July l, ]986: Board of Selectmen/Licensing Commissioners each per annum $ 2,000 Chairman of the Board of Selectmen 300 Board of Assessors each per annum 3,000 Chairman of the Board of Assessors ],000 The present Chairman of the Board of Assessors, p~-ovided that he devotes al} of his working hours to the performance of his duties as Assessor 19,080 Board of Hca}th each per annum 700 Board of Public Works each per annum 600 Town Treasurer 34,709 Highway Surveyor 32,382 Moderator For Regular Town Meeting ]00 For Each Special Town Meeting 50 Town Clerk 22,058 Article 5. GENERAL APPROPRIATION ARTICLE FOR FISCAL YEAR 1987. To see wl%at action tl~¢ Town wiT? tal~e as to the budget recommendations of the Advisory Boar~ for the fiscal year beginning July l, 1986, and ending June 30, 1987. (Petition of the Selectmen) VOTED to adopt the fo/lowing recommendations of the A~visory Board (w}th amendments as noted): Sa]. & Wages Expenses Total 5 7 7A 8 9. ]0. 1]. 12. ]3. ]4. ]5. ].6. ]7. ]8. $ 68,364 $ ]2,]09 63,446 6,800 45,080 66,950 60,173 22,380 61,904 7,400 36,6]4 ],950 2,352 20,9~ 9,200 ]0,000 Selectmen Treasurer Tax Co]lector Assessors Accountant Town Clerk E].ection & Registrar Census Town Counsel Moderator Advisory Committee Capital Budget Committee Planning Board Board of Appeals Personnel Board Counc?] of Aging Conservation Commission North Andover Historical Commission Town Hall, Senior Center & Garage Buildings Community Center Annual Town Meeting TOTAL: GENERAL GOVERNMENT STAFF AGENCIES 200 2,554 ]5,500 0 0 47,162 6,090 5,49] !,060 14,330 ]],].59 32,397 15,830 35,115 8,300 80,473 70 2n6 ]]2 030 82 553 69 30~ 38 56~ 23 3]7 9 200 ]0 000 200 18,05~ 0 53,252 6,55] 25,489 48,227 43,4]5 600 600 15,044 43,038 58,087 18A. 2,158 (1,59]) 567 ]9. 12,700 12,700 $ 762,824 PUBLIC SAFETY 20. Police Department 1,175,35] 93,8~8 ],269,~99 20A. Schoo~ Cros~ng Guards 30,470 1,~50 32,420 2]. Fire Department ],539,647 ]05,722 !,645,369 22. Dog Office~ 11,915 6,000 17,915 [Budget 22 approved by a vote of 396 to 194 on amendment of the Dog Officer] 23. Civil Defense 3,055 4,975 8,030 24. Building, Electric & Gas 86,239 21,625 107,86~ 25. Sealer of Weights & Measures 2,291 282 2,573 TOTAL: PUBLIC SAFETY $3,083,370 PUBLIC HEALTH & SANITATION 26. Board of Health 27. Gr. Lawrence Sanitary Distrqct Per Share Operation 28. Animal Inspector 29. Garbage Disposal Contract TOTAL: PUBLIC HEALTH & 900 0 5,450 59,668 347,327 3~7,3~7 Q00 0 0 SANITATION PUBLIC WORKS 30. Board of Public Works 3!. Sewer Maintenance & Construction 32. Water Mairltenance & Construction 33. Parks & School Grounds Tree Department 35. Dutch Elm Disease 36. Insect Pest Control 37. Street Lighting 38. Street Gen'l Maintenance 39. Snow Removal 40. Refuse Disposal. TOTAL: PUBLIC WORKS ],800 75,460 272,112 73,850 87,2~0 ]],113 37,040 351,326 187,752 WELFARE 4]. Veterans' Benefits 42. Graves Registration TOTAL: WELFARE 1,430 SCHOOLS 43. N.A. School Department [Budget 43 approved by a vote of Committee.] 44. Regional Vocational School A!]ocation of Costs to N.A. TOTAL: SCHOOLS 8,]68,359 350 to 238 LIBPolRY 45. Stevens Memorial Library C. 78 funds TOTAL: LIBRARY ]90,389 RECREATION 46. Playgrounds and Bathing Beaches 47. Recreation Council TOTAL: RECRF_J%TION 78,695 24,634 EMPLOYEE BENEFITS 48. Group Insurance ~9. Essex County Retirement TOTAL: EMPLOYEE BENEFITS UNCLASSIFIED 50. Rental of Veteran's Headquarters 51. Patriotic & Civil Celebrations 5?. Fourth of July 53. Insurance, Genera? 54. Industrial Commission 55. Special Legal Services 50,930 330,~50 ]6,275 ~9,138 2,938 8,348 130,000 115,000 120,000 276,720 15,500 2,483,384 on amendment of 65,725 79,630 (10,065) 12,]95 !],000 5O0,00O 672,000 ],200 800 8,000 305,000 100 50,000 $ ~07,895 ],800 126,390 602,262 90,175 ]06,358 14,05] ~5,388 130,000 a66,326 120,000 464,472 $2,167,372 15,500 1,430 $ ]6,930 10,65!,743 the S~%oo] 65,725 $]0,7!7,468 270,019 (10,065) $ 259,95~ 90,890 35,634 $ 126,524 500,000 672,000 $1,]72,000 1,200 800 8,000 305,000 ]00 5O 000 TOTAL: UNCLASSIFIED DEBT REDEMPTION 56. 57. 58. 59. 60. MisCellaneous Schoo] Bonds Water Main ~otes & Bonds Sewer Notes & Bonds Po]ice TOTAL: DEBT REDEMPTION IN3'EREST ON DEETS 6!. 62 63 64 65 66 67 68 Po]ice School Bonds Water Main Notes and Bonds Sewer Main Notes and Bonds Bond Issue Expense Short Term Borrowing Fire Engine ]985 Land Acquisition 1985 TOTAL: INTEREST ON DEBTS TOTAL, OF ALL BUDGETS $]2,970,350 $ 3C5,]00 ]29,496 ]29,d96 496,500 496,500 2]5,000 215,000 ]45,000 145,000 30,000 30,000 $1,015,996 9,750 9,750 ]07,147 ]07,147 ~6,383 95,383 ]2,980 ]2,980 50,000 50,000 ]05,000 ]05,000 15,000 ]5,000 6~,087 64,087 $ 7,585,230 $ ~60,347 $20,555,580 Article 6. TREASURER AUTHORIZATIONS. To see if the Town w~]l vote to authorize the Treasurer, with the approval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year. pursuant to sections ~ and 17 of Chapter 4~ of the General Laws; and to see if the Town will vote tm authorize the Treasurer, with the approval of the Selectmen, to enter in written agreements to obtain banking services from banking institutions in return for maintaining on deposit in said institutions specified amounts of the funds of t~e Town, pursuant to section 53F of said Chapter 44. (Petition of the Selectmen) VOTED to adopt the article as printed. Article 7. UNPAID BIIJ.$. To see what sum the Town will vote to take from available funds for the payment, pursuant to Section 64 of Chapter 4~ of t~e General Laws, of unpaic bills from previous fiscal years, including any b~lls now on overdraft. (Petition of the Selectmen) VOTED t~ take from available funds, the sum of $2,600 for the purposes of th~s article ~by a unanimous vote). Article 8. F.Y. 1986 BUDGET TRANSFERS. To see what sums the T~wn wi]] vote to transfer into various line items of the Fiscal Year ]986 operating budget from other line items of said budget and from other available funds. (Petition of the Selectmen) VOTED to take from Available Funds the sum of $177,837 for the purpose of transferring funds into the following Fiscal Year 1986 operating budgets: $150,000 from Available Funds to the School-Special Needs Expense $ 14,217 from Available Funds to the Building Inspector Salaries $ 870 from Available Funds to Board of Health Salaries $ 12,650 from Available Funds to Fire Department Salaries $ 100 from Library-Salaries to Library-Expenses. Article 9. IMPT~]TING COTZ~CTIVE BARGAINING AGRRRMENTE. To see what sums the Town will vote to raise and appropriate, to be expended under the ~direction of the Board of Selectmen, for the purpose of implementing collective bargaining agreements reached with the following units: clerical and custodial employees, library professional employees, public works employees, firefighters, and police officers. (Petition of the Selectmen) VOTED to raise and appropriate $236,072 for this article. PLANNING ARTICLES (10-12) Article 10. BALANCED GROWTB PLANNING STUDIES. To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $30,000, to be expended under the direction of the Board of Selectmen, for the purpose of continuing the development of a balanced growth policy plan for the Town of North Andover. (Petition of the Selectmen) VOTED to approve the article as written. Article 11. HOME ~.R PETITION FOR LOCAL LAND BANK T.RGISLATION. To see if the town will vote to instruct its representative in the General Court to file legislation in the form of a home rule petiti-on to enable the Town of North Andover to establish a Land Bank program for the purchase of real estate interest for conservation or preservation of open space, wetlands, water resource areas, agricultural areas, wildlife areas, or for active and passive recreation areas, and for the management of these and existing areas owned by the Town, funded by a fee of up to 2% on real estate transfers, said Land Bank to be administered by the Conservation Commission. Said bill, when approved by the Legislature and signed into law by the Governor, to be approved in its final form by the voters at town meeting in order for it to be implemented. (Petition of the Balanced Growth Steering Committee and Conservation Commission) VOTED to adopt the article (aye 260, nay 99). Whereupon the meeting was adjourned to 6:05 p.m. The meeting was reconvened at 7:17 p.m. on Monday, April 28, 1986. Article 12. SPECIAL COMMITTEE REPORTS. To consider the reports of all special committees. (Petition of the Selectmen) NO ACTION. AMENDMENTS TO T~R ZONING BYLAW (13-22) Article 13. PHASED DEVELOPMENT BYLAW. To see if the Town wi]~ vote to amend the Zoning Bylaw by creating a new (Section 4.2) to read as follows: Phased Development By]aw (]) Building permits for the construction of single family or two family dwellings in a subdivision or on contiguous Form A lots held in common or related ownership on the effective date of this provision shall not be granted at a rate per annum greater than as permitted by the following schedule: No. of lots Min. Yrs. of Development Max. Lots Developed/Yr 7-20 2 50% of total 2]-34 3 33% of total 35-50 4 25% of total 51-75 5 20% of total 76-125 6 16.7% of total 126+ 7 14.3% of total (2) Lots can be sold any time for the construction of dwellings in the designated future years. However, any lots covered by this provision hereafter sold or otherwise transferred to another owner, shall include in the deed, the earliest date of which construction may be commenced in accordance with these provisions. (3) If there is a proposed subdivision with any lots that are within 500 feet of lots in another subdivisions held by common or related ownership, then both subdivision shall be construed to be a single subdivision for the purposes of this Bylaw. (4) Lot lines for Form A lots shall be defined when the Form A lots have been approved by the Planning Board. Subsequent changes in the shape or ownership of lots shall not render the provisions of this Bylaw void. PLANNING BOARD RECOMMENDATION: FAVORABLE w~th the following amendments: (5) The anniversary date for each subdivision or contiguous Form A lots under this provision shall be no earlier than the date on which all required approvals required for a building permit have been obtained (e.g. Planning Board approval of Definitive Plan, Board of Health Approval, Conservation Committee Approval, etc.). (6) Notwithstanding any prior statements to the contrary, the maximum number of building permits to be issued and outstanding at any time for lots in each subdivision and continguous Form A lots covered by this provision shall be limited to twice the allowed annual maximum permitted for that project under the provisions of this bylaw. Allowed building permits in succeeding years shall be limited to less than the permitted maximum, if necessary, to insure that this cap is not exceeded. (7) The Planning Board, in conjunction with the Building Inspector, shall be responsible for administering this section of the bylaw. Accordingly, the Planning shall adopt and publish reasonable regulations for carrying out its duties under this section. In particular, these regulations should address the conditions and processes for authorizing building permits on an annual basis. (8) The invalidity of one or more provision or clauses of this section shall not invalidate or impair the section as a whole or any other part thereof. VOTED to approve the article as amended (by a two-thirds vote: aye 310, nay (134) Article 14. BUILDING PERMIT L~MITATION. To see if the Town w~l~ vote to amend the Zoning Bylaw: Whereas, the Town's drinking water has deteriorated to the point that the Town has voted to appropriate mi/lions of dollars for a water treatment plant; and Whereas, the number of residential building permits has trip].e~ ~n three years: and Whereas, the Town must expend additional millions of dollars for the construction of a new school, a new fire station and additional staff for Town Departments to adjust and cope with this growth rate; and Whereas, the Town has seen f~t to appoint a Committee to study the matter of balanced growth, and has appropriated $30,000 for the purpose of h~ring a consultant to assist the said Committee; and Whereas, it is necessary to limit the number of residential building permits to protect the health, safety and genera] we]fare of the Town's present and future inhabitants while the Town decides on a course of action ~n the face of present development, NOW, THEREFORE, IT IS RESOLVED BY THE TOWN AT TOWN MEETING, to amend Section 10.]1 (Building Permit) of, the Zoning Bylaw as follows: by adding immediately after the first paragraph of said Section, the following language: "The issuance of written building permits for new dwelling units shall be limited to 120 per year, commencing from the effective date of this amendment ~this figure sha]! be known as the "annual limit"). Such permits shall be issued at the rate of ten (10) per month. No person, persons related to one another, trust or corporation shall receive more than three (3) such permits per month nor more than thirty (30) in one year. For the purpose of this section, "dwelling units" shall mean single family homes, condominium units and apartment units. This section does not apply to the following: (1) conversion of existing family dwellings into two-family units; (2) enlargement, restoration or reconstruction of existing dwellings, intended for occupancy by the owner of the dwelling; (3) construction of a single-family home on a lot in separate ownership at the time of paszage of this Bylaw amendment, if built for occupancy by the owner of the lot, or for another member of his immediate family; (4) for projects subsidized by federal or state housing agencies. If there are fewer than ten (30) applications for building permits for dwelling units in any month, the remaining unissued permits will be added to the allowable number c! permits for the following month. In such fashion, such unissued permits from month to month may accumulate from the effective date of this amendment for one year only, provided further, that such carryover shaft not pass beyond the anniversary of the effective date of this amendment. On the anniversary date of this amendment the number of ava~a!~e, accumulated, unissued permits shall return to zero, and the process of sccumulation will recommence for one year periods from the sa~d anniversary date. On the said anniversary date the "annual limit" may ~e ~ncreased by an amount equa~ to the number ]20 multiplied by one-tenth the rate of growth of the population in the Town for the most recent decade, such rate is to be determined by reference to state census figures. The resulting 'number, arrived at by such multiplication, shall be the new annual limit for building permits; and the corresponding monthly limit shall be arrived at by dividing the new annual limit by twelve (12), and rounding up to the nearest whole number in instances where such calculation results in a fraction. On each successive anniversary date a new annual limit shall be calculated in the same manner using the new annual limit as the starting f~gure and employed for the following year.- The Building Inspector and Board of Selectmen may utilize whatever system they deem to be fair and equitable to insure a fair allocation of permits. This amendment shall expire three (3) months from the date of approval by the Attorney General of a Zoning Bylaw amendment, which specifically repeals this amendment. The invalidity of one or more provisions or clauses of this amendment shall not invalidate or impair the amendment as a whole or any other part thereof." (Petition of Elizabeth R. Turtle and others) PLANNING BOARD RECOMMENDATION: following reasons: UNFAVORABLE as written due to the - The Building Limitation does not provide a system of a]lotmement for issuing building permits. The Planning Board is of the opinion that an established allotment system should have been incorporated in the article for Town Meeting to vote on. - Second]y, the article as submitted does not indicate an expiration date concerning the proposed ]imitation on issuing building permits to ]20 per year. The Building Limitation By~aw proponents should have openly addressed these two critical elements. VOTED to reject the article, fa~ling a two-thirds vote (aye 227, nay 189). Article 15. INCREASE IN FINE FOR ZONING BYLAW VIOLATION. To see if the Town will vote to amend the Zoning Bylaw by striking the paragraph under (Section 10.13 Penalty for Violation) and adding the following: "~oever continues to violate the provisions of this By]aw after written not~ce from the Building Inspector demanding an abatement of a zoning violation within a reasonable time, sha!] be subject to a fine of three hundred dollars ($300). Each day that such violation continues shall be considered a separate offense." (Petition of the Planning Board) EXPLANATION: The purpose of this amendment is to increase the present zoning violation fee of $20 per zoning violation each day to $300, which is the statutory maximum. PLANNING BOARD RECOMMENDATION: FAVORABLE. VOTED to approve the article as written Cby a two-thirds vote: aye 333, nay 16). Article 16. MINIMUM CONTIGUOUS BUILDABLE LOT AREA REQUIREI~d~N~ To see if the Town will vote to amend the Zoning By]aw by adding the following after the first paragraph in (Section 7.1 Lot Area:% "The area of the lot, exclusive of area in a street or recorded way open to public use, at least seventy - five (75) percent of the minimum lot area required for zoning shall be contiguous ]an~ other than land located within a line identified as wet]and resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. The proposed structure must be constructed on said designated contiguous land area. (Petit]on of Planning Board) EXPLANATION: Any new lot(s) created will be required to have at least 75% of the lot area as non-wetlands as described in the Wetlands Protection Act. For example, a lot in a Residence 2 District (1 acre minimum) must have a minimum contiguous area totalling 32,670 square feet of land without wetlands to qualify as a bui]dable lot. The dwelling must be located fn that contiguous buildable area (CBA). PLANNING BOARD RECOMMENDATION: FAVORABLE action on this article as amended: Amend the first sentence by adding the wording depicted in BOLD type: "As of April 26, 1986, the area of any new lot created, exclusive of a~ea in a street or recorded way open to public use, at least seventy-five 75% of the minimum lot'area required for zoning shall be contiguous land other than land located within a ]~ne identified as wetland resource areas in accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. The proposed structure must be constructed on said designated contiguous land area." The Board has modified the article to make it explicitly clear that this bylaw change will affect NEW lots, NOT existing lots. VOTED to approve the article as amended by the Planning Board (by a twe-thirds vote: aye 292, nay 84). Article 17. FOR PROFIT EDUCATIONAL FACILITIES BY SPECIAL PERMIT To see if the Town will vote to amend the Sections 4.121, 4.122 and 4.]23 (ReSidence Districts R1,2,3,4,5) of the Zoning Bylaw by deleting the phrase Educational Facilities and adding: 4.]2J and 4.]22 Residential Districts R1,R2,R3,R4 "9a. Public and Private non-profit educational facilities. 9b. Public and Private for profit educational facilities by Special Permit." ~..123 Residential District R5 "10a. Public and Private non-profit educational facilities. ]Ob. Public and Private for profit educational facilities by Special Permit." AND: to amend (Table I (p.39) of the Zoning Bylaw by deleting the word ("Yes") under (Private School for Profit) in Residential Districts R1,2,3,4,5 and insert ("SP") for Special Permit required. (Petition of Planning Board) EXPLAI/ATION: At present the Bylaw does not differentiate between public/private non-profit educational facilities and for-profit educational facilities (other than for Day Care). This amendment requires a Special Permit review process in order to allow a for a for-profit educational faci]itiy to locate in a Residence 1,2,3,4,5 District (Special Permit meaning public hearing and abutter notification). PLANNING BOARD RECOMMENDATION: FAVORABLE recommendation on this article with the following changes: Amend line 9b and 10b to read as follows: "Private for profit educational facilities by Special Permit." VOTED to approve the article as written (by a unanimous vote). Article 18. MUNICIPAL USES BY SPECIAL PERMIT. To see if the Town will vote to amend the Zoning Bylaw (Section 4.122, Residence 4 District, subsection (10) to read as follows: Municipal building or use and public service corporation use (Si)~cial Permit required)." (Petition of Planning Board) EXPLANATION: Table 1 - Summary of Use Regulations permits municipal uses by Special Permit in Residence 4 Districts, however, the word use was not placed within the detailed district use regulations section 4.122 of the By]aw. PLANNING BOARD RECOMMENDATION: FAVORABLE with the following changes: - to Section 4.]21, Residence ],2,3 District, add the word use: "(10) Public building or use, and public service corporations (Special Permit), but not including public works garages." VOTED to approve the article as written (by a unanimous vote). Whereupon, the meeting was adjourned at ]0:05 p.m. The meeting was reconvened at 7:]7 p.m. on Tuesday, April 29, 1986. Article 19. INCREASE OPEN SPACE REQUIREMENT ABUTTING RESIDENTIAL AREAS. To see if the Town will vote to amend the Zoning Bylaw by deleting the ("15") foot setback requirement in (Footnote 2.) and ("100") and ("50") foot setback requirement in (Footnote 3.) of (Table 2.) Summary of Dimensional Requirements to read as follows: "Adjacent to residential districts, an additional (30) foot side or rear setback shall be required. The first (.30) feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. .." "Adjacent to residential districts, the required side or rear setback shall be (200) feet. The first (150) feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon." (Petition of the Planning Board) EXPLANATION: The purpose of this article is to increase the industrial buffer zones when industrial districts and business districts abut residential districts. PLANNING BOARD RECOMMENDATION: FAVORABLE. VOTED to reject the article, failing a two-thirds vote (aye 104, nay 156). Article 20. MINIMUM FRONT SETBACK OF OPEN SPACE FROM STREET IN NON RESIDENTIAL DISTRICTS. To see if the Town will vote to amend the Zoning Bylaw by creating a new footnote section 12. to Table 2. Summary of Dimensional Requirements:) "In all non-residential districts, the first 10 feet of the front setback shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon." (Petition of the Planning Board) EXPLANATION: This article requires all non-residential front setbacks to have a ]0 foot setback consisting of a vegetated green area from the street. _PLANNING BOARD RECOMMENDATION: FAVORABLE with the following changes: Amend the first paragraph to read as follows: "In all non-residential districts, the first 10 feet of any setback shall remain open and green, be suitably landscaped, unbuilt upon, unpave~ and not parked upon." VOTED to reject the article, failing a two-thirds vote (aye 126; nay ]36). Article 2]. ADULT ENTERTAINMENT ESTABLISHMENTS. To see if the Town wi]] vote to amend the Zoning Bylaw, Section 2-Definitions, by adding the following as a new definition numbered 2.21.] immediately after the definitions of "Accessory Use": "Adult Entertainment Establishments" shall include and be defined as follows: ]. Adult Bookstore An establishment having as a substantial or significant port~on of its stock in trade printed matter, books, magazines, picture periodicals, motion picture films, video cassettes, or coin operated motion picture machines for sale, barter or rental which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "Sexual Conduct" as that term is defined in Massachusetts General Laws Ch. 272, Sec. 3], as amended from time to time or to "Sexual Devices"; or an establish- ment having for sale sexual devices which shall mean any artificial human penis, vagina or anus or other device primarily designed, promoted or marketed to physically stimulate or manipulate the human genitals, pubic area or anal area, including: dj]dos, penisators, vibrators, penis rings, erection enlargement with a segment or section (which is a substantial portion of that entire establishment) devoted to the sale or display of such materials. 2. Adult Motion Picture Theater An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in Massachusetts Genera] Laws Ch. 272, Sec. 31, as amended from time to time, for observation by patrons therein. 3. Adult Mini Motion Picture Theater An enclosed building with a capacity for ]ess than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Sexual Conduct" as defined in Massachusetts General Laws Ch. 272, Sec. 31, as amended from time to tim~,.for observation by patrons therein. 4. Adult Live Entertainment Establishments Establishments which feature live entertainment which consists of entertainers engaging in "Sexual Conduct" as defined in Massachusetts General Laws Ch. 272, Sec. 31, as amended from time to time. 5. Massage Service Establishments a. Massage. Any method of pressure on o~ friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating external parts of the human body with the hands or with the aid of any mechanical or electric apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniment antiseptics, oils, powders, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the service is provided, or some third person on his or her behalf, will pay money or give any other consideration or gratuity therefor. The practice of massage shall not include the following individuals wh~]e engaged in the personal performance of duties of their respective professions: Physicians, surgeons, chiropractors, osteopaths, physical therapists or athletic trainers who are duly licensed to practice their respective professions in the Commonwealth of Massachusetts. ii. Nurses who are registered under the Laws of the Commonwealth of Massachusetts. iii . Barbers and beauticians who are duly licensed under the Laws of the Commonwealth of Massachusetts, except that this exclusion shall apply solely to the massage of the neck, face, scalp and hair of the customer or client for cosmetic or beautifying purposes; iv~ "Personal Service Establishments" as that term is defined in Section 2.59 hereof, whose employees are duly licensed to practice their respective professions in the Commonwea]th of Massachusetts. or act in relation thereto. (Petition of Paul L. Tar(or and others). PLANNING BOARD RECOMMENDATION: UNFAVORABLE VOTED to reject the article, failing a two-thirds vote (aye 129; nay ]44). Article 22. ADULT ENTERTAINMENT DISTRICT. To see if the Town will vote to amend the Zoning Bylaw, Section 3, Zoning Districts and Boundaries, by adding the following district: Adult Entertainment District (A-X) and te further amend Section 4, Buildings and Uses Permitted, by adding the uses which may be permitted in the Adult Entertainment D(strJct: all uses permitted in Section 4.124 (Business ] District), Section 4.125 (Business 2 District), Section 4.126 (Business 3 District), Section 4.127 (Business 4 District), and Section 4.128 (Gene~a~ Business District), all as provided in the Zoning Bylaw: and to further amend Section, Buildings and Uses Permitted, by addiDg the following: (1) Adult entertainment establishments shall be authorized by special permit on]y, fo]]owing a public hearing all as provided for in M.G.L. Ch. 40A, Sec. 9A; (2) Special Permits shall not be granted for an adult entertainment establishment if it is to be located less than 1,000 feet from: a. Another Adult Entertainment Establishment b. Residential uses c. Public or private nurseries d. Public or private day care centers e. Public or private kindergartens f. Public or private elementary schools g. Public or private secondary schools h. Public or private colleges or universities i. Playgrounds j. Churches; (3) Provided, however, that the Zoning Board of Appeals may waive the !,000 foot restriction by Special Permit if it finds: a. That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit of the Bylaw will be observed. b. That the proposed use will not enlarge or encourage the development of a "Skid Row" area. c. That the establishment of an additional regulated use in that area will not be contrary to any program of neighborhood conservation or growth management. d. That all applicable regulations of the By]aw will be observed. e. That no portion of the establishment shall be located on the ground level of any building. and further to amend Section 4, Table 1 Summary of Use Regulations, a~ ~ol]ows: Adult Entertainment Establishments Res. 1,2 ~ 3 No Res. 4 No Res. 5 No Bus. 1 No Bus. 2 No Bus. 3 No Bus. 4 No Gen. Bus. No Ind. 1 No Ind. 2 No Ind. 3 No Ind. S. No A-X SP and to further amend said Zoning Bylaw and Zoning Map to change from Industrial 3 (I-3) to Adult Entertainment (A-X) the following parcel of ]and: (I-3) to (A-X) - Parcel I the ]and in North Andover, Massachusetts, described as southerly part of the "Farnum Land," containing 23.43 acres, more or less, and shown on "Plan of Land" in North Andover, Massachusetts and called "1700 Estates Trust" recorded in the Northern District of the Registry of Deeds, in Lawrence, Essex County as Plan No. 6245, bounded and described as follows: Beginning at a steel bar at the intersection of the easterly s~de of Salem Turnpike {Route 114) and the southerly side of Berry Street in North Andover, Essex County, Massachusetts; Thence, S. 32 degrees 36 minutes E. one hundred fifty-two and eight tenths ~]52.8) feet along the easterly side of the Salem Turnpike {Route 114) to a stone bound; Thence, N. 57 degrees 24 minutes E. nine and fifty hundredths (9.50) feet to a drill hole at a stonewall corner; Thence, N. 7] degrees 29 minutes E. eighty-two and four tenths (82.4) feet along stonewall by land of Muzichuk to a drill hole; Thence, N. 72 degrees 15 minutes E. one hundred seventy-eight and three tenths (178.3) feet along stonewall to a drill hole at a stonewall corner; Thence, S. 18 degrees 52 minutes E. one hundred seven and one tenth (]07.1) feet along wall to a point: Thence, S. 25 degrees 37 minutes E. one hundred twenty-three (123) feet along wa]] to a point: Thence, S. 30 degrees 40 minutes E. one hundred ten and eight tenths (]]0.8) feet along wall to a ~oint; Thence, S. 11 degrees 23 minutes E. one hundred sixty-four and five tenths (164.5) feet along wa]] to ~ ~r]~! bol~ in sa~d wall: Thence, S. 10 degrees 05 minutes ~. two hundred twenty-seven (227) feet along wall to an iron pipe: the six preceding courses all border ]and of Muzichuk; Thence, S. 82 degrees 58 minutes E. one hundred ninety-slx and five tenths (196.5) feet along wall to a point; Thence, S. 84 degrees 01 minute E. two hundred ninety-seven (297) feet along wa]] and land of Beckett to a drill hole; Thence, S. 29 degrees 4] minutes E. Seventy-six and six tenths (76.6) feet along wa]]_ and lands of Beckett and Constantine to a point; Thence, S. 28 degrees 59 minutes E. three hundred thirty-one (331) feet along wall and lands of Constantine, Pinsod and Rowell to a point; Thence, S. 29 degrees 47 minutes E. one hundred forty (140) feet along wall and ]and of Rowe]l and Lear to a drill hole at a stonewa]! intersection of ]and of Allan J. Doyle: Thence, N. 6l degrees 43 minutes E. Eighty-five and seven tenths (85.7) feet along wall to a point; Thence, N. 74 degrees 02 minutes E. one hundred seventy-four and one tenth (174.1) feet along wall to a point; Thence, N. 20 degrees 56 minutes E. one hundred eighteen feet along wail to a point; Thence, N. 50 degrees 22 minutes E. fifty-three and seven tenths (53.7) feet along wall to a point; Thence, N. 74 degrees 42 minutes E. one hundred fourteen and nine tenths (114.9) feet along wall to a point; the preceding five courses ail border land of Allan J. Doyle; Thence, N. 18 degrees 43 m~nutes E. seventy-one and one tenth (71.]) feet along wall and land of Meadows to a point; Thence, N. 03 degrees 52 minutes W. one hundred sixteen and four tenths (116.4) feet along wall and land of Meadows to a point; Thence, N. 0] degrees 44 minutes E. one hundred ninety-one and four tenths [!91.4) feet along wall and ]and of Meadows to a dr~]l hole at a stonewall intersection; Thence, N. 77 degrees 10 m~nutes W. one hundred seventy-eight and one-tenth (178.1) feet along wadi to a point; Thence, N. 58 degrees 24 minutes W. one hundred eighteen and e~ght tenths (118.8) feet along wall to a point; Thence, N. 64 degrees 02 minutes W. one hundred sixty-nine feet along wa31 to a point; Thence, N. 71 degrees 37 m~nutes W. one hundred seventy-two ¢]72) feet along wa]] to a point; Thence, N. 21 degrees 59 m~nutes W. one hundred fifty and three tenths (150.3) feet along wall to a point; Thence N. 12 degrees 22 minutes E. sixty-four and eight tenths (64.8) feet a3ong wa!] to a point: Thence, N. 19 degrees ]8 m~nutes E. one hundred forty-six and five tenths {]46.5% feet along wall to a stonewall intersection: Thence, N. 82 degrees 58 minutes W. two hundred ninety-four and five tenths (294.5) feet along wa]] to a point; Thence, N. 82 degrees 41 minutes W. two hundred nine and four tenths (209.4) feet along wall to a point; Thence, N. 81 degrees 47 minutes W. one hundred seventy-one and eight tenths (171.8) feet along wall to a drill hole; Thence, N. 82 degrees 07 minutes W. one hundred twenth-three and five tenths (123.5) feet to a drill hole at wall corner; Thence, N. 12 degrees 50 minutes E. Twenty and two tenths (20.2) feet to a drJl! hole at a stonewall corner; Thence, N. 35 degrees 32 minutes W. one hundred thirty-one (13]) feet along the stonewall to a drill hole; Thence, N. 88 degrees 25 m~nutes W~ one hundred fifty-two and five tenths (]52.5) feet across a stonewall to a drill hole in a stonewall on the southerly side of Berry Street; al! of the fourteen preceding courses are by lands of the 1700 Estates Trust; Thence, S. 21 degrees 27 minutes W. forty-five and eight tenths (45.8) feet along the stonewall of the southerly side of Berry Street to a drill hole; Thence, S. 28~degrees 22 minutes W. two hundred thirteen and six tenths ~213.6) feet along stone wall by said Berry Street to the point of beginning. and tc further amend sa~d Zoning Bylaw and Zoning Map to change from Residence z (R-4) to Adult Entertainment (A-X) the following parcel of (R-4) TO (A-X) - Parcel II The ]and situated at the junction of Main and Greene Streets, North Andove~ ~oun~e~ as follows: Beginn~:n? at the stake on the easterly side of Greene Street, near the junction cf said two streets and thence running southerly by Greene Street t~c ]uundre~ seventy seven (277) feet to a stake at the corner of the ~ot at a proposed street which will be an extension of Middlesex Street, thence easterly on said Middlesex Street as ~extended on a s]ight!y curving line one hundred seven (!07) feet to another stake and again from the last named stake by a straight line one hundred forty three feet and one tenth of a foot to a stake at the junction of Middlesex Street with Main Street, thence northwesterly by Main Street three hundred twenty seven 35/100 (327.35) feet to another stake near the junction of said Main and Greene Streets, thence on a curved ]~ne northwesterly and southwesterly to the stake at the point of beginning. Containing about forty one thousand (4],000) square feet of ]and. and to further amend said Zoning By]aw and Zoning Map to change from Residence ~ (R-4) to Adult Entertainment (A-X) the following parcel of land: (R-4) TO (A-X) - Parcel III A parcel of land in North Andover, containing 10.89 acres, more or ]ess, and shown on "Plan of Land of the Trustees under the wills of Moses T. Stevens and Nathaniel Stevens in North Andover, Mass." dated April 195], drawn by Ralph B. Brasseur, C.E., and bounded: Southeasterly, by Chickering Road, one hundred twelve and twenty two one hundredths (112.22) feet; southerly, by Parker Street, on three course, a total of twelve hundred fifty eight and twenty five one hundredths (1258.25) feet: westerly, by land now or formerly of Frank Lord et ux shown on plan number 2282 recorded in North Essex Registry of Deeds, eighty six (86) feet; southwesterly, by said land now or. formerly of Frank Lord et ux one hundred eighteen and forty two one hundredths (118.42) feet, more or less; westerly and northwesterly, by Faulkner Road and Tavern Road, on two courses, a total of four hundred ninety nine and seventy one one hundredths (499.71) feet; northeasterly, by land now or formerly of John J. McKa]lagat et al, shown on plans numbered 2039 and 2353 recorded in said Registry, one hundred ninety seven and ninety eight one hundredths (197.98) feet; northwesterly, by sa~d land now or formerly of John J. Mc Kallagat et al, one hundred twenty (]20) feet; southweste]y and southerTy by saidland now or formerly of John J. McKallagat et al~ on two courses, a total of one hundred fifty four and fifty nine one hundredths (154.59) feet; northwester]y, by Tavern Road, n~nety three and seventy seven one hundredths (93.77) feet; easterly and northeaster]y, by lands now or formerly of John W. Russell et ux, James J. Phi!b~n et ux and Thomas A. Ceplikas et ux, shown on plans numbered 989, 1880 and 2356, recorded in said Registry, on two courses, a total of four hundred ninety seven and thirty five one hundredths (497.35) feet; northwesterly, by ]and now or formerly of Thomas A. Cep!ikas et ux, shown on said plans numbered ]880 and 2356, on two courses, a total of two hundred thirty three and six one hundredths (233.06) feet; and northeasterly, by Main Street, on two courses, a total of four hundred eleven and s~xt~ nine one hundredths (411.69) feet. and to further amend the Bylaw to provide t~%~t a specia~ permit granted under the provision of the Bylaw and of M.~.L. Ch. 40A, Sec. 9A shall lapse within one year and including such tfr~e required to pursue or await the determination of an appeal refe~re~ to in Section 17 of M.G.L. Ch. 40A from the grant thereof, if a substaDti~l use thereof has not sooner commenced except for good cause or, ~n the case of permit for construction, if construction has not begun by such date except for good cause; or act in relation thereto. (Petition of Paul L. Tariot and others) PLANNING BOARD RECOMMENDATION: UNFAVORABLE. VOTED to take no action on this article. AMENDMENTS TO THE PERSONN]~. BYLAW (23-41) Article 23. AMENDING "LONGEVITY". To see if the Town will vote to raise and appropriate the sum of $2,100 for the purpose of amending Section 12, "Longevity Increments," Paragraph (A), of its Personnel Bylaw increasin] all of the amounts by $300 to read: (A) An employee of the Town who has been in continuous full time employment in a position subject to the classification and compensation plans shall be paid, in addition to the compensation received under the present plan, annual increments determined as follows: Length of Service Over 10 but not over 15 years Over 15 but not over 20 years Over 20 but not over 25 years Over 25 years Amount $525 575 625 675 (Each increase in such increment, once attained, being limited to $50 under these conditions of e!igibi]ity.) (Petition of the Personnel Board). VOTED to approve the article as written. Article 24. AMENDING "VACATION LEAVE." To See if the Town will vote to amend the Personnel By- Law, Section 17, "Vacation Leave," by deleting paragraph (G), which now reads, "The vacation year shall be January 1, to December 31," and substituting therefor a new paragraph (G), as follows: (G) Vacation Year, Prior to January ], 1987, vacations will be granted on a calendar year basis. Effective January 1, 1987, employees will receive a pro-rated vacation allowance based upon the month in calendar year ]987 in which their anniversary date falls. For example, an employee having an April Anniversary date wi]] be credited with 4/12 of his vacation entitlement on January ], 1987 and on April ~ wi!] be credited with the full vacation entitlement for the year April ], 1987 through March 31, 1988. Therafter, said employee would be credited with the full vacation entitlement on April 1 in each year, to be used by the following March 31. Following the transition from calendar year vacation to anniversary year vacations, employees will receive their full vacation entitlement as provided by this section, on the first of the month in which their anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in any anniversary year will be based on the number of months of active service during the preceding twelve (12) months. (Petition of the Personnel Board) VOTED to approve the article with the following amendment: "4/12" to "3/12" in the fifth line. change Article 25. AMEND GENERAL SALARY SCHEDULES TO PROVIDE FOR COST-OF LIVING RAISES FOR NON-UNION EMPLOYEES. To see if the Town will vote to amend the Personnel By-Law by deleting Section 7, Schedule B, "General Annual Salary Schedule;" Section 8, "Part-time Positions Classified in Clerical Group;" and Section 9, "Part-time Positions Classified in library Group; and substituting therefor in Section 7 A Schedule B-l, "General Hourly Rate Schedule," and a Schedule B-2, "General Annual Salary Schedule;" and to raise and appropriate the sum of $17,969. for the purpose of increasing all of the wages rates listed therein by five percent (5%) for Fiscal Year 1987, excluding the compensation of those Town employees whose remuneration is established by the collective bargaining process, so that said schedules read as follows: SCHEDULE B-l, GENERAL HOURLY RATE SCHEDULE, for all full-time and regular part-time positions which are not exempt from the federal Fair Labor Standards Act. Compensation Grade Min. II III IV Max S-1 -6'.07 6.27 6.47 6.69 6.91 S-2 6.30 6.52 6.74 6.96 7.20 S-3 6.56 6.79 7.02 7.26 7.49 S-4 6.88 7.16 7.40 7.66 7.90 S-5 7.09 7.35 7.61 7.87 8.14 S-6 7.40 7.66 7.93 8.19 8.48 S-7 7.73 7.99 8.28 8.61 8.84 S-8 8..02 8.32 8.61 8.92 9.21 S-9 8.38 8.53 8.98 9.29 9.61 S-10 8.74 9.06 9.36 9.70 10.03 S-i~ 9.12 9.45 9.78 ]0.12 10.47 S-12 9.51 9.85 10.21 ]0.57 ]0.93 S-13 9.92 10.28 10.66 t].05 1].42 SCHEDULE 5-2, GENERAL ANNUAL SALARY SCHEDULE: For all. positions exempt from the Fair Labor Standards Act. Compensation Grade Min II III IV Max $-]4 20,182 20,945 21,706 22,472 S-15 21,066 21,857 22,651 23,477 S-]6 22,010 22,833 23,687 24,543 S-17 23,200 24,081 24,967 25,854 S-IS 24,453 25,396 26,337 27,283 S-19 25,759 26,762 27,77] 28,782 S-20 27,159 28,229 29,300 30,365 S-21 32,072 33,048 34,328 35,45] S-22 37,204 38,336 39,820 4],123 23,261 24,30] 25,396 26,762 28,229 29,783 31,429 36,579 42,432 (Petition of the Personnel Board) article as written. VOTED to approve the Article 26. COST OF LIVING RAISES FOR NON-~INION POLICE AND FIRE SATJiR¥ SCHEDULES. To see if the Town will vote to raise and appropriate the sum of $7,225 to amend Section 7, Schedule C of the Personnel Bylaw by increasing the compensation listed therein by five percent {5%) for Fiscal Year ]987 for the Police Chief, Police Lieutenant, and the Fire Chief, so that said positions read as follows: GRADE Min II III IV Max P-Lt. 25,137 26,437 28,179 29,925 31,880 P-3 35,920 37,766 40,255 43,]28 45,543 F-3 36,815 39,234 41,660 44,377 (Petition of the Personnel Board). VO'Iq~:D to delete references to "P-Lt." and "police lieutenant," and to raise and appropriate the sum of $4,325 for this article. Article 27. COST OF LIVING RAISES FOR MISCELLANEOUS sALARy SCHEDULE: To see if the Town will vote to raise and appropriate the sum of $6,393. to amend the Personnel Bylaw by de]et{ng the existing Section 7, Schedule E, "Miscellaneous," and substituting therefore a new Schedule E in conformance with the Federal Fair Labor Standars Act, and increasing all of the wage rates l~sted therin by five percent for Fiscal Year ]987, excluding the compensst]o~ of thc. se town employees whose remuneration is established by the collective bargaining process, so that said schedule reads as SCHEDULE E, MISCELLANEOUS COMPENSATION SCHEDULE: F~~ certain part-time and seasonal positions. CLASS TITLE COMDEI~SATION Animal Inspector Assistant Building Inspector Assistant Supervisor Bathing Beach Ca]] Fire Fighter (part time) Civil Defense Director Dog Officer Fire Engineer and Deputy Fire Chief Gas Inspector Library Page Lifeguard Bathing Beach Attendant Mini-Bus Operator for the Elderly Municipal Summer Employees Office Aide Public Health Physician Registrar of Voters Registrar of Voters-Town Clerk Reserve Patrolman School Crossing Guard (40 working wks) Sea]er of Weights and Measures Supervisor Bathing Beach $ 9.53 per week $88~48 per day $312.92 per week $3.55 per hour $34.02 per week $204.24 per week $2,359.35 per year $~5.37 per week $3.55 per hour $279.35 per week W-1Min Less $.25 $2].]5 per week $567.00 per year $630.00 per year $66.15 per day $88.75 per week $43.88 per week $355.07 per wee]; Wiring Inspector, or 60% of wiring fees $96.20 per week whichever is greater Veteran's Graves Officer $225.00 per week Custodial Worker *To be determined by collective bargaining. (Petition of the Personnel Board) VOTED te approve the article as written. Article 28. POLICE LIEUTENANTS: To see if the Town w~]l vote tm raise and appropriate the sum of $9,13] for the purpose of amending Schedule C of Section 7 of the Personnel By-Law to increase the compensation of the Police Lieutenants, P-Lt., to an amount equal to .8 of P-3, PoJice Chief. (Petition of the Personnel Board) VOTED to approve the article as written. Artic]e 29. DEPUTY FIRE CHIEF. To see if the ?ow~ will vote to amenC t~e PeYso~ne~ By-Law, Section 7, Schedule A, Public Safety Group ~ adding th~ position of Deputy Fire Chief to the F';re Department, w.t~ a compensation grade in Schedule C ef "F-Dep. equal to .775 of F-3, Fire Chief, funding for th~s position tc be requested at the 1987 Annua~ Town ~eeting. (Petition of the Personnel Board) VOTED to approve the article as written. Article 30. FIRE DEPARTMENT DISPATCHERS. T~ see ~f the Town will veto to raise an~ appropriate the sum of $60,9~9 , for the purpose of establishing and appointing four (~! ~nd~vidua]s for th~ positions of F~re Department d~spatcher to be classified in the public safety group, ~n a compensation grade of FD-], the starting grade wb~c~ is equivalent to the S-5 hourly rate on Schedule B, the Genera] Annual Salary Schedule $60,269 allocated to the salary budget and $700 a~]ocated to the expense budget for equipment. (Petition of the Personnel Board) VOTED to approve the article w~th the following amendments: change "S-5" to "S-~", and "$60,269" to "$62,787;" and to raise and appropriate the sum of $63,487 for this article. Article 31. ADDITIONAL PART-TIME ASSISTANT BUILDING INSPECTOR. To see if the Town wi]] vote to amend the Personnel Bylsw Section 7 Schedule E Miscellaneous Schedule by adding an additional part time Assistant Building Inspector for two (2) days per week with a compensation grade of $84.27 per day and to raise and appropriate the sum of $8,76Z. for his/her compensation. (Petition of the Personnel Board) VOTED to raise and appropriate the sum of $8,764 fo~ the purpose ~f this article; provisional upon six month review of need for th~s additional position by the Town Manager, when he is appointed. Article 32. ASSISTANT BUILDING INSPECTORS. To see if the Town w~]] vote to amend the Personnel Bylaw Section 7 Schedule E " Miscellaneous" compensation by changing $8~.27 per day to $]00.00 per day and to raise and appropriate the sum of $3,272. for his/her compensation. (Petition of the Personnel Boawd) VOTED to approve the a~t~c]e as written. Article 33. BOARD OF HEALTH SANITARIAN. To see if the Town wi]] vote to amend the Personnel Bylaw Section 7, Schedule E "Miscellaneous" Schedule, by adding Health Sanitarian at a compensation grade of $]17. per week and to raise and appropriate the sum of $~8~. (Petition of the Personnel Board) VOTED to approve the article as written. Article 34. BOARD OF ~EAL~ SANITARY ~EALTH INSPECTOR. To see if the Town w~]] vote to amend the Personnel Bylaw Section 7, Schedule A, Department Head and Supervisory Group by adding Sanitary Health Inspector at a compensation Grade of S-~9. (Petition of the Personne~ Board) VOTED to approve the article as written. Article 35. ASSISTA~VP TOWN PLANNER. q'c see if the town w411 vote +~ amend the Personnel By~aw Sect~om 7, Department Head and Supervisory Group Schedule A, by adding the pos~tiori of Assistant Town P]anner w~th tile compensation Grade S-15, and to raise and appropriate the sum of $20,440. for his/her position. (Petition of the Personnel Board) VOTED to approve the article as %eritten. Article 36. CONSERVATION COMMISSION ADMINISTRATOR: To see ~f the ~]nwn w]]] vote to amend the Pe~sonne] By]aw Sect{on 7, Schedule A, Department Head and Supervisory Group by changing Conservation Assistant from a compensation gra~e of S-15 to Conservation Administratf>r to a compensation grade S-17 and to raise and appropriate the sum of $~,32]. (PetJt]on of the Personnel Board) VOTED to approve the article as wr]tten. Article 37. ASSISTANT LIBRARY DIRECTOR: To see if the Town wi]! vote to amend the Personnel Bylaw Section 7, Library Group Schedule A, by changing Assistant Library Director from a compensation grade of S-]~ to S-]5 and to raise and appropr~.ate the sum of $599. for his/her compensation. (Petition of the Personnel Board) VOTED to approve the article as written. Article 38. COUNCIL ON AGING: FULL-TIME CLERICAL POSITION. To s~e if the Town wi]] vote to amend the Personnel By]aw, Section 7, Schedule A, bv eliminating the existing position of Council on Aging Senior Clerk,~Secretary S-4, part time and adding the position of Council on Aging Senior Clerk/Secretary S-6, fuji time, and to raise and appropriate the sum of $8,~22. (Petition of the Personnel Board) VOTED to raise and appropriate the sum of $7,864; for the purpose of a full-time Council on Aging Senior Clerk/Secretary at S-4. Article 39. VACATION LEAVE FOR POLICE CHIEF AND LIEUTENANTS. To see if the Town w]]] vote to amend the Personnel By]aw, Sect~.on 17, Vacation Leave, Paragraph A, by adding the fo]lowing sentence: "At the completion of 25 years of service the Ch].ef of Po]ice and Po!4ce Lts. shall receive a 5th vacation week." (Petition of William McMahon and others) VOTED to reject the article (aye 104, nay 141). Article 40. VACATION ACCRUAL FOR POLICE CHIEF. To see if the Town will vote to allow the Chief of Police to carry over ali vacation time not used for two (2) years prior to his year of retirement so that this accrued time may be brought back at straight pay upon retirement- (Petition of Brian K. Law]er and others) VOTED to take no action on this article. Article 41. CHILD ASSISTANCE ADMINISTRATOR. To see if the Town will vcte to ra]se and appropriate the sum of $30,000 to be expended under the ~JrectJon of thc Boar~ of Selectmen for the purpose of aad~ng the position of Cbil~ Assistance Admin~strstor, with a grade of $-17 to the Pe~sonn£~ By]aw, SectJou 7, $c~edu~ A, Department Heaa anC Supervisory Group. (The $30,000 is f~r compensation and expenses.) (Pet~t;cn o£ DavJd C. Ran~ and others) VOTED to create the pos~t~on of Ch~]6~ Assistance Administrator under the d~rect~on of the B~ar6 of Selectmen, but to make no appropriation therefor. ~Znereupon, the meeting was aBjourned at 10:]? p.m. The meeting was reconvened at 7:20 p.m. on Thursday, Ma~ 1, !986. AMENDMENTS TO THE TOWN BYLAWS (42-44) Article 42. HANDICAPPED PARKING BYLAW. To see if the Town wi]] vote to amend its General Bylaws by adding a new section 9.]0, ~n accordance ~ith clause 23 of section 2~ of Chapter 40 of the Genera] Laws, as follows: 9.]0 Hand/capped Parking Spaces Designated parking spaces f~r vehicles owned and operated by disabled veterans or by handicapped persons and bearing the d~stinctive number plates authorized by section 2 of Chapter 90 of the General Laws shall be provided in public and private off-street parking areas in accordance with this Bylaw. (a) Any person or body that has lawful, control of a public or private way or of improved or enclosed property use8 as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwel3ings, or for any other place where the public has a right of access as inv~tees or ]~censees, shall be required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a d~sab]ed veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by section 2 of chapte~ 90 of the General Laws, according to the following formula: If the number of parking spaces in any such area is more than f~fteen but not more than twenty-five, one pa~king space; more than twenty-five but not more than forty, five percent of such spaces but not ]ess than two; more than forty but not more than one hundred, four percent of such spaces but not less than three; more than one hundred but not more than two hundred, three per cent of such spaces but not ].ess than four; more than two hundred but not more than f~ve hundred, two percent of such spaces but not less than six; more than five hundre~ but not more than one thousand, one and one half per cent of such spaces but not ]ess than ten; more than one thousand but not mo~e than two thousand, one per cent of such spaces but not less than fifteen; more than two thousand but ]ess than five thousand, three-fourths of one percent of such spaces but not iess than twenty; an(.~ mo~e than five thousand, one-half of on£ percent of suc]: spaces })ut not ]ess than tn] rty. (I,) P~rking spaces designated as £eserved un¢~er the provisions of paragrapY, (a) shall be identifieC by the use of a~ove g~;ac~e sic~ns wit?~ w?~Jte ]etterinc~ against a blue backgr©und and shalll pea3 the v,,©rds "handicapped Parking: SpeciaI Plate RequirerS. Unauthorized Vehicles May be Removed at Owner s Expense": s'ha~] be as near as possible to a building entrance or walkway; sha] ~ be adjacent to. curb ramp£ or other unobstructe¢~ methods perm-~tting sicJe~-a.lk access to a handicapped person; and shall be twelve feet wide or two eight-foot wide areas with four feet of c~oss hatch between t~%em. (Petition of Police Chief) VOTED to approve this article as written, with the following amendment: (c) Any owner of a place to which the public has a right of access as licensees or invitees shall provide, install, and maintain "Handicapped Parking" signs and pavement markings as set forth Jn paragraph (b). Article 43. CONSERVATION COMMISSION BYI2%W AMENDMENT. To see if the Town will vote to amend its Genera] Bylaws, Chapter 3, section 3.5(B) Wet_ands Protection, Paragraph 11, to read as follows: ]]. Any application submitted under this By]aw will not be considered complete until such time that a fee is submitted to the Conservation Commission to the Town of North Andover. Said fee will be submitted pursuant to the following rules and fee schedule: RULES: Permit fees are payable at the time of application and are nonrefundab]e. Permit fees shall be calculated by this department per schedule be]ow. c. Town, County, State or Federal projects are exempt from fees. No fee is charged for under the law for extensions of order of conditions. Failure to cnmp]y with the law after official notification shall result in fees twice those normally assessed. FEES: a o Wet].ands Bylaw Hearing $25 (i.e., dwelling, tennis court, swimming pool, bridge, s~te grading, etc. Re~JdentSa] subdJvision~ er multipl~ res~dent4a] unit f~]ings shall be charged $25 per res~ent~a~ unit. A residential unit sba11 be defineP as that space designed for occupancy by 1 family t1.e., a duplex equa~£ ? residential units, a structure containing ~ con,~om~n~um un'ts equals 6 residential un'ts.) Residential subdivisions f~eC w~tbout 6we]~ngs sbnwn on plans, or w~thout designate~ lot boundaries shall be charge~ $25. per 150 ft. of roadway frontage. Commercia7 and industrial projects shall ¥~c cha~ge~ accordingly; $25 per acre, or part thereof. e. A~] requests for Determination shall be cba~ged $25. (Petition of the Conservation Commission) VOTED to approve the article as written w~th the lo]lowing amendments: under RULES, ~tem d, omit first "of" and substitute therefor "to"; and under FEES, item d, omit "accordingly;" Article 44. SELF-SERVICE GAS STATIONS BYLAW AMENDMENT. To see if the Town will vote to amend Section 6.6 of the Town Bylaws pertaining to self service gasoline statfons by striking the existing section in its entirety, and replacing it with the fo]lowing: Gasoline service stations may be operated as either: 1. Full service - where gasoline is pumped by employees ho]ding the gas nozzle; 2. Self-service - where gasoline is generally pumped by the customer holding the gas nozzle; or 3. A combination of full service and self-service pumps or islands. Provided suni gasoline stations meet ail applicable requirements of law. EXPLANATION: The proposed amendment would allow service station operators and their customers freedom of choice between fuji service, self service or a combination of full and self service, provided that the station is operated and constructed in accordance with safety requirements and other laws. The existing By]aw prohibits self service gasoline stations. (Petition of E. Haffner Fournier and others) article. VOTED to reject the STRUCTURE OF GOVERNMENT ARTICLES (45-48) Article 45. CHARTER IMPLEMENTATION. To see what sum the Town ~..~ll vote fo raise anC appropriate, funds, t¢~ be expenc]e?, u!]cler tl~e d~ec~i~n of ~he B~ard of Selectmer., foz the purpose of ~mplement{n~ the No'~th An~over I~.~me Ru~e Charter, including such expenses as may be .{ncu~re~ the fun(~ng o~ salaries and expenses during F~sca] Yes~ ]~)87 for suc]~ pos~t~cns as nay be created ~n accnrdanc¢ w~th the Charter. (Petition of the Selectmen) VOTED to raise and apprnp~ate $125,000 snd to transfsr $25,000 from Selectmen's Sa!aries (FY 1987) for this article. Article 46. REVIEW AND RECODIFICATION OF TOWN BYLAWS. To see if the Town will vote to raise and appropriate, borrow or transfer from available fun~s, the sum of $5,000, to be expended under the direction of the Board of Selectmen, for the purpose of reviewing and recod]f¥ing the Town Bylaws respecting the adoption of the North Andover Home Rule Charter, with the presentation of such recodificat]on to be made to the ]987 Annual Town ~eet~ng f~r adoption. (Petition of the Selectmen) VOTED to raise and appropriate the sume of $4,500~ for the purpose of recodify]ng the Town Bylaws and Persnnne] By]aw. Article 47. ACCEPTANCE OF POLICE DEPARTMENT STATUTE. To see if the Town wJl~ vote to accept Section 97A of Chapter 4] of the General Laws. Said section gives the Chief of Police control of the officers on the Department and the assignment of their duties. It makes the Chief accountable for the efficient operation of the Department, as is past practice. No authority is taken from the Selectmen to appoint, d~scip]~ne, or remove an officer for failure to perform his duties or for violations of rules and regulations or other misconduct. (Petition of the Selectmen) VOTED to approve this article. Article 48. ACCEPTANCE OF FIRE DEPARTMENT STATUTES. To see if the Town will vote to accept sections 42, 43, and 44 of Chapter 48 of the Genera] Laws, which formally establish the fire department under the supervision of the Fire Chief. The statute previously accepted by the Town provided that the Fire department be under the direction of the Board of Fire Engineers, which is abolished by the Charter. (Petition of the Selectmen) VOTED to approve this article. MAJOR CAPITAL PROJECTS (49-55) Library Expansion Article 49. LIBRARY RENOVATION AND EXPANSION. To see if the Town wi]] vote to raise and appropriate, borrow or transfer f]~m available funds, the sum of $1,900,000 to be expended under the direction of the Library Board of Trustees, for the purpose of securing working drawings, construct an addition and renovate the Stevens Memorial Library: such sum to be reduced by what amounts, if any, are received from state or federal grants or other outside funding. (Petition of the Trustees of Stevens Memorial Library} VOTED that $1,900,000 is approp~-Jated for constructing, originally ecuippin9 and inrnjs~ ' ~ .n]ng an addition to the Stevens Memorial Library; that to meet this appropriation the Treasurer witZ the approval of the SeJectmen Js authorizeCi to borrow $5,900,000 under G.L. c.4~ rna* the Library Board of Trustees with the approval of the Selectmen are authorized tc. contract for an~ expen~ any federal or state avh_-'!able for the project, providec~, that the amount of the author'ize~ bo~zowing sha~] be reduce~ by the amount of such aid received prior the issuance of bonc~s or notes unGer this vote, and provided furthe- that the maximum amount to be borrowed by the Town shall not excee~~ $~75,000: an~ t~at Board of Library Trustees is author/zed to take any ot~her action necessary to carry out this project (approved by a unanimous vote). Third Fire Station Article 50. LAND PURCHASE FOR FIRE STATION 3. To see if the Town wf]] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $60,000 to be expende~ under the direction of the Board of Selectmen, for the purpose of purchasing a parcel of land shown as Lot 1 on a plan dated January ]0, ]986 by Pembroke Land Survey Company and M. Anthony La]ly Associates entitled, "Plan of Land of Eugene R. Bo~ge," an~ described as follows: Beginning at a point on Salem Street, at the intersection of Salem Street w~th the lot l~ne separating Lot No. 1 (the lot to be described) from land now or formerly owned by Lawrence D. and Helen M. Hollerin, this point being the northernmost corner of Lot l; thence running southeasterly along Salem Street 165 feet to a point, said point being the easternmost corner of the premises; thence turning and running southwesterly along land now or formerly owned by the grantor, approximately ]65 feet to a point, said point being the southernmost corner of the premises: thence turning and running northwesterly along land now or formerly owned by the New England Power Company, approximately ]20 feet to a point, said point being the westernmost corner of the premises, thence turning and running approximately ]80 feet northeaster]y, along land now or formerly owned by Lawrence D. & Helen M. Ho]]erin to the point of beginning. (Petition of the Board of Fire Engineers) VOTED to take no action on this article. Article 51. ARCHITECTS FEE FOR STATION 3. To see if the Town w~]l vote to raise and appropriate, borrow, or transfer from available funds, the sum of $30,000 to be expended under the direction of the Board of Selectmen for the purpose of hiring an architect for the design and construction of a th~r~ f~ire station. (Petition of the Boa~-d of Fire Engineers) VOTED to take no act4on on th~s article. Article 52. BUILDING COMMITTEE - STATION 3. To see if the Town w~l] vote to have the Board of Selectmen establish a building committee comp~iisecJ of the Fire Chief an~.~ concerneE c]tJzens to work with the architect(s] on the design and construction of the third fire station. {,Petition of the Board of Fire Engineer-s) VOTED to authorize the Board of Selectmen to establisf~ and appoint by O'dne ~, 1986 a citizens committee consisting of seven members comprised of the Fire Chief, Town P]anne~~, an~f at ]east one person from each precinct in the q'own of Neff?. Andove] . The committee is authorized to examine issues relating to the need for and construction of a th]rd fire station in the Town of North Andover and projected operating cost of the proposed third f~re stat ion. Tile committee is required to make a report and recommendations, including specific warrant articles if the committee so desires, to the Selectmen and Town Manager not later than 10 days before t}~e closing of the warrant for the next annua~ town meeting. New Elementary School Article 53. ACQUISITION OF STATE FOREST PROPERTY (MOLLY TOWNE ROAD) FOR NEW ELEMENTARY SCHOOL SITE. To see if the Town will vote to raise and to appropriate, borrow, or transfer from available funds the sum of $ , to be expended under the direction of the School Committee, for the purpose of acquiring by purchase, eminent domain, gift, grant or other consideration, a parcel of land and access thereto, to be used as a school site. Said parcel is twenty (20) acres more or ]ess and is located near Molly Towne Road in the Westerly portion of state owned forest. Said forest is a portion of the land bounded by Sa]em Sreet on the north and east, Summer Steer on the west, and Carlton Lane on the south. The acquisition sha~ include access to the school site parcel through Molly Towne Road from Summer Street. (Petition of the School Committee) VOTED to take no action on this article. Article 54. PURCHASE OF ABBOTT STREET PROPERTY FOR NEW ELEMENTARY SCHOOL SITE. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds the sum of $ , to be expended under the direction of the School Committee, for the purpose of acquiring by purchase, eminent domain, gift, grant or otherwise a parcel of ]and in the development known as Abbott Village. Parcel of land is f~fteen (15) acres more or less, to be used as a school site, and ]s shown on development maps as including lots ]0-]7 and 19-32. Also included are designated streets ~]istle Road, Nutmeg Lane, and Periwinkle Way. Access to the parcel shall be from Salem Sreet and/or Thlst]e Road. (Petition of the School Committee) VOTED to take no action on this article. Article 55. DESIGN OF NEW EI.EMENTARY SCHOOL. To see if the Town wi] ] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $275,000 to be expended under the direction of the School Committee for the purpose of performing all work in the building of a new elementary school from pre]iminary des4gn through receipt of construction bids. This includes survey work, test borings, engineering, design development, preparation of specifications, bidding, and any other tasks such as report printing, advertising, and so forth, lPetJt~on of t]~e Sc),no] Committee) VOTED to raise and app~_priat~ $~,000 to be expen"e~ un,ar the (]~ect~on of the School L~:~]~3~n~ Committee, for survey w,~rk, test bc~'~ngs, engineering and appra~sai w(~k and that prior t~ expend3n?. ~,ny funds under the motion t~e committee shoul(~ independently determine t%at the need e×~sts for a ne~ sc~o~~, and that the T~wn's needs m~ght not be better served by an adGJtior~ to an existing school. SELECTMEN ARTICLES (56-61) Article 56. SCHOOL-MUNICIPAL MAN3%GEMENT INFORMATION SYSTEM. T~ see what sum the Town w~]] vote to raise and approp~ate, bo,-row, ov transfer from available ~unds, un,er the d~rect~on of the B~a~d of Selectmen, f~ the purpose of implementing the recommendat~ons of a forthcoming study by the Massachusetts MunJc~.pa] Associat~on of the sch©o]-mun~cipa] management information system, ~nciu~ing payroll, accounts payable and receivable, and other f~nanc~a] systems of the Town. (Pet~tlon of the Selectmen) VOTED to raise and app~opriate $]0,000 for th~s artlc]e. Article 57. TOWN BUILDING RENOVATIONS. To see Jf the Town wi'I! vote to raise and appropriate, borrow or transfer from ava~]ab]e funds, the sum of $30,000, to be expended under the d~rection of the Board of Selectmen, for the purpose of continuing the undertaking of necessary repairs and renovations to the Town Office Building and offices therein. (Petition of the Selectmen) VOTED to approve the article as written. Article 58. SENIOR CENTER BUILDING NEEDS. To see if th~ Town w~]] vote to raise and appropriate, borrow, or transfer from ava~!ab!e funds, the sum of $5,000, to be expended under the direction of the Board of Selectmen, for the purpose of undertaking necessary improvements to the Senior Center, ~nc]u~ng the installation of acoustical ceiling tiles in the activity room. (Pet~t~o~ of the Selectmen) VOTED to approve the article as written. Article 59. ACCEPTANCE OF STREETS AS PUBLIC WAYS. To see if the Town wi]] vote to accept the fo!lowing streets as public ways in accordance with Chapter 82 of the Genera~ Laws: Sharpners' Pond Rd., from Route 114 to the northerly side of Forest Street; and Crossbow Lane. (Petition of the Selectmen) VOTED to accept as public ways, Sharpners Pond Road, as described in a deed from the United States of America to the Town of North Andover, recorded in the Essex North Registry of Deeds Book 1215, page ]17: and Crossbow Lane. Article 60. SEASONAL DOWNTOWN DECORATIONS. To see if the town wi]] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $2,500 to be expended un,er the direction of the Board of Selectmen, for the purpose of seasonal decorations in the Oentra] Business District. (Petition of the North Andover Board of Trade and the North Andover Merchants Association, Carrie Crouch and others) VOTED to approve the article as written. Article 61. RECREATION RESOURCE PLAN FOR SHARPNER'S POND AREA FACILITY. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $5,000 to be' expended under the direction of the Board of Selectmen, with advisement from William A. (Buddy) Cyr for the purpose of developing a Recreation Resource Plan for the entire Sharpners Pond area facility. (Petition of Bill Kehrig and others) VOTED to raise and appropriate the sum of $5,000 to be expended under the direction of the Board of Selectmen for the purpose of developing and implementing a recreation resource plan for the entire Sharpners Pond area facility. FIRE DEPARTMENT ARTICLES (62-65) Article 62. FIRE DEPARTMENT VEHICLES. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds the sum of $75,750 to be expended under the direction of the Board of Fire Engineers, for the purpose of purchasing the following equipment: 1 Chief's Car $16,600 1 Brush Truck (pick up) 18,400 1 Fire Alarm Truck 40,050 (Petition of the Board of Fire Engineers) VOTED to raise and appropriate the sum of $75,050 for this article: 1 Chief's car $16,600; 1 Brush Truck (pick up) $18,400; 1 Fire Alarm Truck $40,050 (aye 142; nay 71). Article 63. P~PLACE EXTER/OR DOORS - STATION II. To see if the Town will vote to raise and appropriate the sum of $10,500, to be expended under the direction of the Board of Fire Engineers, for the purpose of replacing the four (4) wooden apparatus bay garage doors with new metal garage doors and associated hardware and to replace the three (3) exterior wooden walk through doors with new metal doors and associated hardware. (Petition of the Board of Fire Engineers) VOTED to approve the article as written. Article 64. PBYSICAL FITNESS PROGRAM. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $5,000 for the purpose of supporting the continuation and expansion of the physical fitness program for members willing to participate from the police and fire departments. (Petition of the Board of Fire Engineers) VOTED to take no action on this article. Article 65. MAST TROUSERS. To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $],200 to be expended under the direction of the Board of Fire Engineers, for the purpose of purchasing two (2) pair of adult and two (2) pair of pediatric military anti-shock trousers. One pair of each to be placed on the manned ambulance and one pair of each to be placed PUBLIC WORKS ARTICLES (66-71) Article 66. SEWER EXTENSION ON GREAT POND ROAD. Tc see if the Town wi]] vote to ~a~se and appropriate, horrors, or transfer fro~ ava~ah.~e fun~$, the sum of $650,000 to be expended under the direction of the Board of PuT~%ic Works, for the purpose of extending the sewer on tY~e south si~e of Lake Cochichewick beginning at the exfst~ng trunk se~er on Pleasant Street and extending on Great Pon~ Rd. to Coachman's Lane. (Petition of the Board of Pu~].c Works~ VOTED that $650,000 be appropr]ate~ for extend]ng the sewe~ on the soufh side of Lake Coch]chewic~< begJnnJng at the existing trunk sewer on Pleasant Street and extend]ng on Great Pond Road to Coachman's Lane; that to meet appropriation, the Treasurer, wJth the approval of the Selectmen author]ze~ to l~orrow $650,000, unde¥ G.L. C.44 s.7~] ]; that the Board of Public Works wit]] the approval of the Selectmen is authorized to contract for and expend any federal or state aid ava]]abTe for the project; and that the Board of Pu~]Jc Works is authorized to take any other action necessary to carry out this project, provided that the usual assessments be made pursuant to the provisions of C.380 of the Acts of t906; and further, that the Town vote to ~aise and appropriate the sum of $25,675 as the first year debt service for this article (approved ]~y a two-th~rds vote: aye 165; nay 32). Article 67. WAVERLY ROAD WATER MAIN REPLACEMENT. To see if the Town wi]] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $550,000 to be expended under the direction of the Board of Public Works, for the purpose of replacing the cid six inch cast iron water main on Waverly Rd. from Main St. to Mass. Ave., a d{stance of 4200 feet with new twelve inch ductile iron pipe and cement lining the exlst]ng twelve inch cast iron main on Waver]y Rd. from house a453 to Turnpike Street and up Turnpike Street to Dartmouth Street, a ~stance of 6650 feet. (Petition of the B~ard of Public Works) VOTED that $550,000 be appropriated for rep]acing the s~x-{nch cast iron water main on Waver~y Road from Main street to Massachusetts Avenue with a new twelve-inch main and for cement lining the existing twelve-inch water main from #453 Waverly Road to Turnpike Street and up Turnpike Street to Dartmouth Street; that to meet th~s appropriation the Treasurer, with the approval of the Selectmen is authorized to borrow $550,000 under G.L.C.44 s.8(5); that the Board of Public Works with the approval of the Selectmen is authorized to contract for and expend any federal or state aid available for the prqject; and that the Board of Public Works is authorized to take any other action necessary to carry out this project; and further, that the Town vote to raise and appropriate the sum of $2],275 as the first year debt service for this article (approved by a unanimous vote). Article 68. CLEAN AND REPAIR STANDPIPE RESERVOIRS. To see if the Town wi]] vote to raise and appropriate, borrow, or transfer from available funds the sum of $80,000 to be expended under the d~rect]on of the Board of Public Works for the purpose of repairing and repainting the Bradford Street standpipe anS cleaning ann repairing the Sutton Hill reservoirs. (Petition of th~ BnaYd cf Pu?~]ic Works} VOTED t~, approve the artic}e as written. Article 69. EQUIP.~IENT REPLACEMENT. To see if the Town wi~] vote to raise and appropriate, ~orrow or t~ansfer from available funds, the sun of $~9,500 to be expended under the direction of the BoarW of Pu%~c Works for the purpose of purchasing one-] and ]/2 ton dump truck, one low center-of-gravity grounds tractor, and one-~ wheel drive p~ckup t~uck; one-]978 GMC dump truck, one-}97] J~hn Dee~e ]ow-center of-gravity tractor and one-J980 Dodge 4 whee~ drive pickup to be traded. (Petition of the BoarC of Public Works) VOTED to raise and appropriate the sum cf $26,735 for the purpose of purchasing one ~ and ]/2 ton dump truck ($20,000), and one low center-of-gravity grounds tractor ~$t7,000)~ with funds remaining from Article 53, 1983 Town Meeting ($5,438.06), from Artic]e 46, 1984, Town Meeting ($2,391.60}, and from Article 69, t985 Annual Town Meeting ($2,823) to be transferred; one 7971 John Deere ]ow center-of-gravity tractor and one 1980 Dodge 4-wheel-drive pick-up to be traded. Article 70. EXTENDING SEWER ON JOHNSON STREET AND MARK RD. To see if the Town will vote to raise and appropriate the sum nf $50,000 te be expended under the d~rection of the Board of Public Works for the purpose of extending the sewer on Johnson Street and Mark Rd. - a distance of 1020 feet. (Petition of Theodore L. D$Sa]va and others) VOTED to reject the article. Article 71. REYNOLDS PLAYGROUND. To see if the Town wi].l vote to raise and appropriate the sum of $7,000, to be expended under the d~rection of the Board of Public Works for the purpose of ~mproving the playing fields at Reynolds playground. (Petition of Bi]] Kehrig and others) VOTED to approve the a~ticle as written. Thereupon, the meeting adjourned at 10:35 p.m. The meeting was reconvened on Tuesday, May 6, ]986 at 7:20 p.m. HIGHWAY ARTICLF. S { 72-81 ) Article 72. STREET MAINTENANCE. To see ~f the Town w~ll vote to raise and appropriate, borrow or transfer from available funds, the sum of $]]5,000 to be expended under the direction of the Highway Surveyor, for the purpose of resurfacing, cil~ng and repairing and maintaining streets in Town. (Petition of the H~ghway Surveyor) VOTED to approve the a~t~cle as written. Article 73. DRAINAGE IMPROVEMENTS. Tc see if the Town w~! vote to raise and appropriate, borrow, or t~ansfer from available funds, the sum of $15,000 to be expended un,er the direction of the Highway Surveyor, foz the purpose of ~nst~ng (~a~nage in p~-oblem areas t?~¥oughgut the Town. ~Pet~t~on of t~e H4~nway Surveyor) VOTF. D fa ap?~Ove t]'~~ article as wr4tten. Article 74. GUARD RAILS. To see if the Town will vote to raise and appropriate, borrow, or trensfer f~om available funds, the sum of $10,000 to be expended under the d~.rection of the Highway Surveyor, for the purpose of erecting and replacing guard rails throughout the Town. (Petition of the H~ghway Surveyor) VOTED to approve the article as written. Article 75. SIDEWALKS. To see if the Town will vote to raise and appropriate, borrow or transie~ from available funds, the sum of $7,500 to be expended under the d~rect~on of the H'~ghway Surveyor, for the purpose of installing new and repairing existing sidewalks throughout the Town. (Petition of the Highway Surveyor) VOTED to raise and appropriate the sum of $6,000 for the purposes of this article. Article 76. REGULATORY SIGNS. To see if the Town wil~ vote to raise and appropriate, borrow or transfer from available funds, the sum of $2,000 to be expended under the direction of the Highway Surveyor, for the purpose of rep]acing and erecting new regulatory signs throughout the Town. (Petition of the H~ghway Surveyor) VOTED to raise and appropriate $!,500 for the purposes of this article. Article 77. STREET SIGNS. To see if the Town w~]~ vote to raise and appropriate, borrow or transfer from ava~]ab!e funds, the sum of $1,500 to be expended under the direction of the H~ghway Surveyor, for the purpose of making and replacing street s~gns throughout the Town. (Petit4on of the Highway Surveyor) VOTED to approve the article as written. Article 78. CATCH BASIN FRAMES AND GRATES. To see if the Town w~ll vote to raise and appropriate, borrow or transfer from available funds, the sum of $],000 to be expended under the direction of the Highway Surveyor, for the purpose ef rep!acing ex~sting catch basin frames and grates which are smaller than standard size. (Petition of the Highway Surveyor) VOTED to approve the article as written. Article 79. CHAPTER 234 ROAD WORK. To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $74,329 to be expended under the direction of the H~ghway Surveyor, for the purpose of marc}ting state funds under C%apter 234 Acts of ~9~ (MGL Chapter 90), said amount to be re~mburse~, upon receipt, to be restored to unappropriated available funds. (Pet4tion of the Highway Surveyor) VOTED to approve the avt4c]e as written. Article 80. CHAPTER ]40 ROAD WORK. To see if the Town w~? vote to. ~a~s~ an~ approp~'i~te, borrow c~ t~ansfe~ from available funds the sum ~f $70,202 tn be expended under tY~a d~rect~on of the Highway Surveyor, for the purpose of matc~ing state funds under C]~apter ]40 Acts cf 3985, (MGL C~apter 90), said amount to be relmbu]~se~, upon receipt, tc be resto~-e~ to unappropriated ava_~]ab]e funds. (Petition of the Hig)~wal- Surveyor) VOTED to approve the a~t~.c]e as written. Article 81. EQUIPMENT PURCHASES. T~ see if the Town wJ]~ vote to raise and appropriate, borrow o~ transfe~ from ava~!ab!e funds, the sum ~f $3]7,000 to be expende~ under tt~e d~rect~on of the H~ghway Surveyor, for the purpose of purchasing the fn]]ow~ng equipment: 4 ~ee7 Drive Vehicle with Trade in of ]979 Blazer, $~2,000. Leaf Vacuum- N~ Trade $9,000. Rubbish Truck-No Trade $72,000. 2 Dump Trucks- No Trade $116,000. Front End Loader With Plow & Wing - No Trade $]08,000. (Petition of the H~ghway Surveyor) VOTED to raise and appropriate the sum of $3!2,322.56, and to transfer from Article PI, 1975 Annual T~wn Meeting ($3,954.89) an~ Article 14, 1980 Annual Town Meeting ($722.55) for th~s article. POLICE ART/CLES (82-84) Article 82. ADDITIONAL PATROLMEN. To see if the Town w~]] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $35,048 to be expended under the direction of the Chief of Po]ice, fo~ the purpose of hiring two (2~ additional patrolmen. (Petition cf the Po~ce Chief) VOTED to reject the article. Article 83. FOUR POLICE CRUISERS. To see if the Town wi]] vote to raise and appropriate, borrow, or transfer from available funds, the sum of $38,692 to be expended under the direction of the Chief of Po]ice, for the purpose of purchasing four (4) new po]ice cars and four (4) cars to be turned in, in trade, an~ a]~ equipment to be changed over, such as police radios, sirens and simil, ar accessories. (Petition of the Po!~ce Chief) VOTED to approve t~e article as written. Article 84. POLICE COMPUTER SYS?EM. To see if the Town wi]] vote tc raise and appropriate, borrow, or transfer from available funds, the sum of $90,000 for the purpose of purchasing a Multiple Processor Computer System to be installed at the Police Station. Specifications for this equipment may be v~ewed at the N~rt}] And~ver Police Station and the Office of Town Clerk. (Petition of the Po]ice Chief) VOTED to reject the article. SCHOOL ARTICLES (85-91) Article 85. HIGH SCHOOL RENOVATION. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $25,000 to be expended under the direction of the School Committee, for the purpose of considering a renovation to reduce the open concept at the high school. Work is to include every%hing except actual construction. It is planned to establish a concept, draw plans, write specifications, and do all other work necessary for the project. Funds include supervision of construction. (Petition of the School Committee) VOTED to approve the article as written. Article 86. SYSTEM MAINTENANCE AND MODERNIZATION. To see if the Town wi]] vote to raise and appropriate, borrow, or transfer from available funds the sum of $]82,500 to be expended under the direction of the School Committee, for the purpose of remodeling, reconstruction, or making extraordinary repairs at all North Andov~r Public Schools and for additional department equipment, or to take any action relative thereto. (Petition of the School Committee) VOTED to raise and appropriate the sum of $118,000 to be expended under the direction of the School Committee, for the purpose of remode]~ng, reconstructing, and/or making extraordinary repairs at the fo33ow~ng North Andover public schools and for additional department equipment to be specific: $75,000 removal and rep]acing of Midd~.e Schoc! lockers; $8,000 relamping of middle school gymnasium; $20,000 replacing Franklin School oi2 burner; $25,000 painting of the Thompson Sc~oe~. Article 87. INCREASE CLASSROOM SPACE. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $65,000 to be expended under the direction of the School Committee, for the purpose of moving the Superintendent's Office, providing space and preparing an area in another building, and restoring the Atkinson School area to c]assrooms~ {Petition of the School Committee) VOTED to raise and appropriate the sum of $47,500 to be expended under the direction of the School Committee for the purpose of moving the Superintendent's Office te the High School; more specifically that $2,500 be allocated for moving expenses, $25,000 be allocated for creation of office space at the High School, and that $20,000 be allocated for restoring space at the Atkinson school to classrooms. Article 88. BLEACHERS AT ]]AYES STADIUM. To see if the Town will vote to raise and appropriate, borrow, or transfer from available fnds, the sum of $85,000 to be expended under the direction of the Board of Public Works for the purpose of replacing the existing bleachers at the Alvah Hayes Stadium. (Petition of the Board of Public Works) VOTED to take no action on this article. Article 89. PAVING SCHOOL GROUNDS. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $20,000 to be expended under the direction of the Board of Public Works for the purpose of paving the driveway at the Franklin School. (Petition of the Board of Public Works~ VOTED to raise and appropriate the sum of $15,842.28 to be expended under the direction of the Board of Public Works for the purpose of this article, and that funds remaining be transferred from the following articles: Article 70, 1985 Annual town Meeting ($4.31), Article 4?, 1984 Annual Town Meeting ($2,716.71), and Article 61, 1982 Annual Town Meeting ($1,436.70). Article 90. FENCING NEW TRACK. To see-if the Town wi]] vote to raise and appropriate, borrow or transfer from available funds, the sum of $7,500 to be expended under the direction of the Board of Public Works for the purpose of installing a chain link fence around the outside of the new track at the Alvah Hayes Stadium. (Petition of the Board of Public Works) VOTED to raise and appropriate the sum of $6,]00 to be expended under the direction of the Board of Public Works for the purposes of this article, and that the funds remaining from the following article be applied: Article 103, 1985 Annual Town Meeting ($],400). Article 91. HIGH SCHOOL PLAYING FIELDS. To see if the Town will vote to raise and appropriate the sum of $57,000 to be expended under the direction of the Board of Public Works for the purpose of improving the playing fields at the North Andover High School comp]ex. (Petition of Bill Kehrig and others) VOTED to raise and appropriate the sum of $57,000 for the purposes of this article. MISCELLANEOUS PETITIONS (92-98) Article 92. DATAVOTE ELECTION SYSTEM. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds, the sum of $32,690 to be expended under the direction of the Board of Registrars, for the purpose of implementing new punch card voting system for the Town of North Andover. (Petition of the Board of Registrars) VOTED to reject the article. Article 93. HOUSEHOLD HAZA~DOUS W~%STE. To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $5,000 to be expended under the direction of the Town Hazardous Waste Coordinator and Board of Health Chairman, for the purpose of working jointly with the Town of Andover to establish two household hazardous waste collection days. The monies to be used e~ther to fully implement such a program or to be used as matching funds for possible State grants under Operation Clean Sweep '86. (Petition of William V. Do]an Hazardous Waste Coordinator, and Gayton Osgood, Board of Health Chairman) VOTED to approve the article as written. Article 94. SALE OF LAND ON BEVERLY STREET TO MORGAN. To see if the Town will vote to sell to Edward and Jacqueline Morgan, 65 Beverly Street, a triangle-shaped parcel of land consisting of 1,390 square feet and bounded and described as follows: on the west by Interstate 495 on the east by Beverly Street, and on the south by the property of E. and J. Morgan, 65 Beverly Street, shown as Parcel 3-4-T on Layout 5]]1, dated June 6, 1961, a plan of taking by the Massachusetts Department of Public Works; and shown as Assessors Map #5. Parcel 1; for the sum of $1.00 dollar, or such other considration as the Selectmen may determine. This parcel was taken by the State for Interstate 495, but reverted to the Town. (Petition of Edward Morgan and others) VOTED to approve this article (by a two-thirds vote: aye 282, nay 22) Article 95. SALE OF LAND ON MARBLEHEAD STREET TO WHITE. To see if the Town will vote to sell the Leonard W. White, 37 Marblehead Street, a parcel of land consisting of 2,755 square feet and bounded as follows: on the West side by Interstate 495, on the East side by Leonard W. and Jean E. White, on the North side by Town of North Andover, and on the South side by Town of North Andover: shown as Parcel 3-SS-9T on Layout 5111, dated June 6, 1961, a plan of taking by the Massachusetts Department of Public Works; and shown as Assessors Map #8, Parcel ~35; for the sum of $ dollars, or such other considerat~cn as the Selectmen may determine. This parcel was taken by the State for Interstate 495, but reverted to the Town. (Petition of Leonard W. ~<ite and others) VOTED to insert the sum of $] and to approve this article as written (by a unanimous vote). Article 96. S~T.R OF LAND ON MARBLRHEAD STREET TO FILl. To see if the town wi]] vote to sel] to Robert L. and Susan E. F~!, 27 Marblehead Street, a parcel of land consisting of 1,110 square feet and bounded as fo!3ows: on the West side by Interstate 495, on the East side by Robert L. and Susan E. Fil~ and Thomas E. and Linda A. LaChance, on t¥~e North side by Interstate 495, and on the South side by town of North Anfcver; shown as parcel 3-SS-10T on Layout 5111, dated June 6, 196], a plan of taking by the Massachusetts Department of Public Works; and shown as Assessors Map #8, Parcel #34; for the sum of $ dollars, or such other consideration as the Selectmen may determine. Th~s parcel was taken by the State for Interstate 495, but was reverted to the Town. (Petition of Susan E. Fill and others) VOTED to insert the sum of $1 and to approve this article as written (by a unanimous vote}. Article 97. PROPERTY PI)DRESS CHANGE. To see if the Town will vote to authorize the Board of Selectman to change the property address at the premises on 3 Waverley Road to 55 Main Street. (Petition of Ramsey A. Bahrawy and others) VOTED to take no action on this article. Article 98. DISCONTINUE PORTIONS OF PHILLIPS BROOKS ROAD AND MERRIIJ. STREET. To see if the Town will vote to discontinue certain public and/or private ways for a distance of 175 feet located on the Northeasterly side of Chickering Road in the Town of North Andover and known as Phillips Brooks Road and Merrill Street. (Petition of Elizabeth V. Pendak and others) nay 126). VOTED to reject this article (aye 103; REZONING AMENDMENTS (99-108) Article 99. REZONING LAND ON TURNPIKE STREET. To see if the Town will vote to rezone the Industrial I lands of North Andover Realty Trust containing 2.982 acres more or less and located on the southwesterly side of the Salem Turnpike North Andover to Residence 2 District (R-20). A tract of land situated on the Southwesterly side of the Salem Turnpike (now State Highway - Route 114), in the Town of North Andover, Essex County, Massachusetts, consisting of two parcels which are designated as: "Mary and' Salvatore Sapienza" and "Sap~enza" respectively on a survey plan titled: "Plan of Land Belonging to Charlotte E. Farnham" cated May 10, 1955, by Kenneth W. Richardson, Registered Land Surveyor, and recorded in the office of the Essex North District Registry of Deed as Plan No. 3025: the said tract being more particularly ~escribed as follows: Commencing at a highway bound located on the Southwesterly right of way line of the said highway, opposite centerline station 206 + 74.66 as shown on the 1946 h~ghway layout plans on file with the Massachusetts Department ef Public Works; thence on the said right of way line, ~n,~t~ 5~°-]7'-29'' West 63.55 feet to the Northeasterly extension cf a stone wall and the point of beginning; thence leaving the sa~ r~ght of way and following the said extension and the sail wa!~, South 63°- 40'-50" West ]49.25 feet; thence continuing ~'~th the said wall for the next eight(8) consecutive courses: (]) South 74°-23'-40" West 9.03 feet; (2) South 84o-01'-10'' West 36.17 feet; (3) North 850-45'-30'' West 43.40 feet; (4) North 78o-56'-30'' West 162.75 feet; (5) South 23o-08'-30'' West 5.16 feet; {6) South 45o-13'-00" West 7.52 feet; (7) South 78o-23'-20" West 34.98 feet; (8) North 27o-28'-30'' West ]17.65 feet; thence leaving the said wall and parallel with the said highway r~ght of way, North 55°-17'-29" West 202.38 feet; thence North 340-42'-30'' East 125.00 feet to a point on a stone wall, thence following the said wall, North 09°-26'-30" West 10.31 feet; thence continuing with the said wall, North 280-]3'-27'' East 99.43 feet to a point on the said highway right of way llne; thence on the said right of way line, South 55o-]7'-29'' East 640.87 feet to the point of beginning. Contains 2.982 acres more or less. (Petition of the North Andover Realty Trust and others) PLANNING BOARD RECO~94ENDATION: UNFAVO~ due to the fact that the petitioner did not attend the scheduled public hearing and subsequently forwarded notification of intent to withdraw the article from Town Meeting. VOTED to take no action on this article. Article 100. ZONING BY-LAWAMENDMENT: AGRICULTURAL USES. To see if the Town will vote to delete sections 6a and 6d of 4.]21 (Residence 2 and 3) of the Zoning By-laws which read 6a) Farming of field crops and row crops, truck gardens, orchards, plant nurseries, and green houses. d) The sale of products raised as a result of the above uses on the subject land. And add: 6a) Agriculture, horticulture, f]oraculture, viticulture or silvaculture 6d) The sale of products of agriculture, horticulture, floraeulture, viticulture or silvaculture as well as accessory or customary items, by any person who is primarily engaged in any of the above activities. The operation must be on at ]east 10 continguous acres used primarily for any of these activities. (Petition of H. Michael Smolak and others) PLANNING BOARD RECOMMENDATION: To be made at Town Meeting. In the event that Town Meeting adopts Article 100, the Planning Board recommends that the applicants of Articles 10] and 102 withdraw or request that no action be taken on them. The intent of Article 100 is to further clarify the sale of products, and accessory and customary items associated with said products sold on a farm containing ten or more contiguous acres. Adoption of this article wi]] eliminate the need for any person primarily engaged in the cited activities to rezone land from a residential to a business district. VOTED to approve the article as written (by a unanimous vote). Article 10]. REZONING OF LAND NEAR 1267 OSGOOD STREET. To see if the Town will vote to amend the zoning map of the Town of North Andover to change current Zoning of two (2) acres of residential R-2 land to Business B-1. Current Residential R-2 to Business B-1 of: A certain parcel of land with buildings thereon near 1267 Osgood Street bounded and described as follows: Beginning at a point of the easterly side of Osgood Street, State Highway 125, said point being 10' north of an angle point in said Osgood Street and is approximately 1042' from the intersection of Barker Street: thence from said point at a right angle to the said Osgood Street, easterly 250' to a point, thence at a right angle southerly 350' to a point, thence at a right angle westerly 250' to a point on the easterly side of Osgood Street, thence running along said easterly side of Osgood Street southerly 350' to the point of beginning. Land is bounded on three sides by other land of George R. Barker and on the fourth side by Osgood Street. (Petition of Laurie Lundquist and others) PLANNING BOARD RECOMMENDATION: To be made at Town Meeting. In the event that Town Meeting adopts Article 100, the Planning Board recommends withdrawal or no action be taken on this article. Adoption of Article 100 will eliminate the need for the establishment of a business district on this site. VOTED to take no action on this article. Article ]02. REZONING SMOLAK FARM PROPERTY. To see if the Town will vote to amend the zoning bylaws and the zoning map of the Town of North Andover to change 2.71 acres of Residential R-2 land to Business B-l, a certain parcel of ].and in North Andover, Essex County, Massachusetts, designated Parcel A on the attached plan and as further described in the attached "Technical Description Parcel "A". A certain parcel of land in North Andover, Essex County, Massachusetts des]gnste~ Parcel "A" on a plan to be recorded herewith, entitled, Plan of Land (A Division of Land Plan) dated June 1st, 1982, prepared by John Cal]ahan Associates of Andover, Massachusetts, said parcel being more particu]ar3y described as follows: Beginning at the southwesterly most corner of said Parcel "A" at a point in the easterly right of way of South Bradford Street (a public way) said point being 190.76 feet northerly along the said easterly right of way of South Bradfor~ Street from its intersection with the northerly right of way of Dale Street Fa public way); thence, continuing along the easterly right of way of South Bradford Street North 3o47'46'' West a distance of 150.00 feet to the beginning of a curve, concave to the West; thence, northerly along said curve which has a radius of 350.00 feet a distance of 155.90 feet to a point at the end of said curve; thence, continuing along the easterly right of way of said South Bradford Street North 29°19'02" West a distance of 185.00 feet to a point; thence, North 60o40'58'' East a distance of 225.00 feet to a point: thence, South 29o19'02'' East a distance of 321.57 feet to a point; thence, South 3047'46" East a distance of 230.22 feet to a point; thence, South 75°12'14'' West a distance of 232.00 feet to the point of beginning. Said Parcel "A" being a portion of premises conveyed to Martin Smolak, Helen R. Smolak and H. Michael Smolak, as tenants in common by deed of Martin Smolak, Helen R. Smolak and H. Michael Smolak as joint tenants, recorded October 30, 1980 in the Essex North Registry of Deeds in Book 1467, 'Page 64 and contains 2.71 acres. (Petition of H. Michael Smolak and others) PLANNING BOARD RECOMMENDATION: To be made at Town Meeting. In the event that Town Meeting adopts Article ]00, the P]ann}ng Board recommends withdrawal or no action be taken on this article. Adoption of Article 100 will eliminate the need for the establishment of a business district on this site. VOTED to take no action on this article. Article 103. REZONING 1341 OSGOOD STREET. To see if the Town will vote to amend the zoning by laws and zoning map of the Town of North Andover to change a strip of Industrial I-1 land back to Residential R-2 zone. Current Industrial I-1 ]and to Residential R-2: Said strip of land is within a certain parcel of land with buildings thereon located at 13410sgood Street, being part of the Barker property, said parcel contains approximately 3.4 acres, as recorded in the North Essex Registry of Deeds, Book 1926, Page 46, and is bounded as follows: On the north by land of the Airport Commission of Lawrence, MA, on the east and south by other land of George R. Barker, on the west by Osgood Street, State Highway ]25; The said strip of land to be rezoned back to Residential R-2 is within the above described parcel, running continuous!~ along the northerly boundary of said parcel averaging 95 feet Jn width, al! as shown on a plan of land entitled "Composite Site P!~n of Land for Re-Zoning Purposes in North Andover, MA for George ~. Barker" dated January 27, 1986, as prepared by John Ca]laban Associates of Andover, MA. (Petition of Karen J. Barker and others) PLANNING BOARD RECOMMENDATION: FAVOR3%BLE. VOTED to approve this article as written (by a unanimous vote). Article 104. REZONING WESTERLY SIDE OF THE ANDOVER BY-PASS/ROUTE 125. To see if the Town will vote to amend the North Andover Zoning Bylaws and Map to change from Residential-3 (R-3) and Industrial-2 (I-2) to Residential-5 (R-5), a certain parcel of land fronting on Andover By-pass/Route 125 consisting of 8.14 acres, more or less. The parcel sought to be rezoned is more particularly bounded and described as follows: A certain parcel of land situated on the Westerly side of the Andover By-Pass/Route 125 in North Andover, Essex County, Massachusetts, and being more particularly bounded and described as follows: EASTERLY by the Andover By-Pass/Route 125 Two Hundred Fifty-three and 65/100 (253.65) feet; NORTHERLY by ]and now or formerly of the Augustinian Co~!ege of Merrimack Valley in several courses, a total distance of Nine Hundred Ten and 96/100 (910.96); SOUTHWESTERLY by land now or formerly of the Augustinian College of Merrimack Valley being on the AndOver-North Andover Town Line, Six Hundred (600) feet, more or less. SOUTHEASTERLY by land now or formerly of Bailey, Sibeleski, Hayden and Martin, Four Hundred Fifty-nine and 37/100 (459.37) feet; SOUTHWESTERLY by land now or formerly of said Martin, forty-five (45) feet; SOUTHEASTERLY by land now or formerly of Gorrie, One Hundred Eight and 03/100 (108.3) feet; NORTHEASTERLY by land now or formerly of Hope and Naomi Tro~bly, One Forty Nine and 32/100 {149.32) feet, more or less; and SOUTHERLY by land now or formerly of said Naomi Trombly, One Hundred Eighty-four (184) feet. Containing Eight and 14/100 (8.]4) acres, more or less. (Petition of Francis J. Trombly, Sr. and Maryemma S. Trombly and others) PLANNING BOARD RECOMMENDATION: FAVORABT~ subject to the covenant agreemet to limit the number of dwelling units to no more than 39. VOTED to approve th~s article as written (by a unanimous vote). Article 105. REZONING OF LOT #50 ON BERRY STREET. To see if the Town will vote to amend the Zoning Bylaw and Zoning Map #106D, from Industrial District ] to a Residential 1 District. Said lot consists of 20,000 square feet more or less and is more particularly described in a deed dated November 10, 1983 recorded in the Essex North Registry of Deeds Bood 1757, Page 38. (Petition of Kevin F. J. Stack and others) PLANNING BOARD RECOMMENDATION: FAVORABLE subject to the petitioner amending the proposed rezoning to Residential - 2 (R-2) NOT Residential - ! (R-l). There is no R-1 zoning district established. VOTED to approve this article as written (by a two-thirds vote: aye 299, nay ]). Article ]06. REZONING SOUTHWESTERLY SIDE OF TURNPIKE STREET. To see if the Town will vote to amend the North Andover Zoning Bylaws and Map to change from General Business (G-B) and Residential-2 (R-2) to Business-4 (B-4) a parcel of ]and located on the southwesterly side of Turnpike Street and the northeasterly side of Sullivan Street, owned at present by Angus Realty Corporation, containing 4.07 acres, more or less, and bounded and described as follows: Beginning at the intersection of the center line of Turnpike Street and the extended center line of Sullivan Street, thence running Northwesterly along the center line of Turnpike Street a distance of 670 feet more or less; thence turning and running southwesterly, westerly and northwesterly, by other land of Angus Realty Corporation already zoned Business-4 (B-4), a total distance of 450 feet more or less to land now or formerly Walter and Lillian Hoyt: thence turning and running southerly, north- westerly, and southerly again by said Hoyt ]and, a total distance of 323.27 feet more or ]ess to the center line of Sullivan Street; thence turning and running southeasterly by the center line of Sullivan Street and its extension to fhe center llne of Turnpike Street and the point of beginning. (Petition of Angus Realty Corporation and others) PLANNING BOARD RECOMMENDATION: article (by a unanimous vote). UNFAVORABLE. VOTED to reject the Article 107. REZONING NORTHERLY SIDE OF MILL ROAD. To see if the Town will vote to amend the zoning bylaws by changing ]and located on the northerly side of Mill Road, containing 24.92 acres more or less from Residential 2 to Residentia% 5 zoning, and being shown on a plan entitled "Plan of Land of Sidnes' C. Rea, dated February 15, 1956, Ralph B. Brasseur, C. E. and bounded an~ described as follows: Northerly seven hundred forty feet by ]and now or formerly of George A. and Charlotte Rea; Easterly seven hundred forty-two and 3/10 feet, more or ]ess, by land now or formerly of Wallace and Helen Henshaw; Southeasterly six hundred sixty-seven and 3/10 feet, more or ]ess, by land now or formerly of Char]es E. and Rachel M. Thornton; Southerly one hundred fifty feet, more or less, by land now or formerly of the said Charles E. and Rachel M. Thornton, and southerly and southwesterly eleven hundred one feet by the northerly line of said Mill Road; Westerly two hundred thirty-eight and 65/100 feet, more or less, by land nor or formerly of Frayne and Josie Bredbury; Northerly two hundred twelve and 4/10 feet by ]and of said Bredbury; Westerly seven hundred twenty-three and 95/]00 feet by land of said Bredbury and land now or formerly of George A. and Charlotte Rea. All of said distances are along a stone wall as shown on the afore- mentioned plan. (Petition of M. J. Farinel]i Realty Trust and others) PLANNING BOARD RECOMMENDATION: article (aye4; nay 235). UNFAVORABLE. VOTED to reject the Article 108. REZONING PROPERTY ALONG BERRY STREET. To see if the Town will vote to change the Zoning District for the parcels of land located on Berry Street North Andover, Essex County, Massachusetts from its current Industrial I to Residential II and being more particularly described as follows: PARCEL 1 A certain parcel of land in North Andover, with the buildings thereon, bounded and described follows: Beginning at a point on so-called Berry Street, from the land now or formerly of Archie E. Griffin and Marilyn Griffin, in a Southerly direction one hundred ninety-six (196) feet; thence turning and running in an Easterly direction, two hundred (200) feet; thence turning and running in a Southerly direction, nine hundred (900) feet; thence turning and running Easterly, eighty-eight (88) feet; thence turning and running Northeasterly, five hundred sixty-six (566) feet; thence turning and running Northwesterly, four hundred fifty (450) feet; thence turning and running Westerly to the point of beginning, one hundred sixteen (116) feet. PARCEL 2 Beginning at a point of Berry Street and running Easterly along Lot #8 being land of Briand, two hundred (200) feet: thence running Southerly along ]and of Valiquette, one hundred (100) feet: thence running Westerly along other land of Valiquette, two hundred (200) feet: thence running Northerly along Berry Street, one hundred (100) feet to the point of beginning. Containing 20,000 square feet, more or less. PARCEL 3 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot #8, as shown on a sketch of said property in possession of the grantors: thence by Lot %8. two hundred (200) feet Easterly by land now of Valiquette, to a point: thence turning and running Southerly, one hundred (100) feet by further land of Val~quette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land now or formerly of Va]iquette, to the point of beginning. Said premises being Lot %7 on said sketch as previously referred to, and containing 20,000 square feet, more or ]ess. PARCEL 4 Beginning at a point from land now owned by the grantees herein, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (]00) feet to Lot %8, as shown on a sketch of said property in possession of the grantors; thence by Lot %8, two hundred (200) feet Easterly by land now of Valiquette, to a point; thence turning and running Southerly, one hundred (100) feet by further land of Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly by land now or formerly of Valiquette, to the point of beginning. Said premises being Lot #7 on said sketch as previously referred to, and containing 20,000 square feet, more or less. PARCEL 5 Beginning at a point at the corner of land now or formerly of Grace Ryan, and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet, to Lot #5 on a sketch of said property; thence by Lot #5, two hundred (200) feet Easterly by land now or formerly of Thomas E. Briand, to a point; thence turning and running Southerly, one hundred (100) feet by land of~Valiquette, to a point; thence turning at right angles and running two hundred (200) feet Westerly, by land now or formerly on Grace Ryan, to the point of beginning. Said lot being Lot #4 on the aforementioned sketch, and containing 20,000 square feet, more or less. PARCEL 6 Beg[nning at a point at the corner of land of Conroy and running Northerly by Berry Street, so-called, being an abandoned road, one hundred (100) feet to Lot #4 on a sketch of said property; thence by Lot #4, two hundred (200) feet Easterly by land of Valiquette, tca point; thence turning and running Southerly, one hundred i']00! feet by futther land of Val]quette, to a point; thence ~urn~ng at right angles and running two hundred (200) feet ~[ester!y by land of Conroy, being Lot #2 on said sketch, to the point of beginning. Containing 20,000 square feet, more or ]ess. PARCEL 7 Beginning at a point in the Westerly line of Berry Street which is one hundred thirty-five feet Northerly from the intersection of a boundary line of land now or once of Adlard Va]iquette and ]and once of Moses Towne with said street line; thence running Northerly along said BerrY Street line one hundred feet to a point; thence turning and running Westerly two hundred feet to a point; this boundary line being at right angles with said Berry Street line; thence turning at right angles in a Southerly direction one hundred feet to a point; thence turning at right angles and running in an Easterly direction two hundred feet to the point of beginning. PARCEL 8 EASTERLY on Berry Street, so-called, one hundred feet, SOUTHERLY two hundred feet by land recently deeded to said Conroy, WESTERLY one hundred feet by land of Val~quette: and, NORTHERLY two hundred feet also by land of Valiquette. Containing 40,000 square feet more or ]ess. (Petition of Br~an Cardello and others) PLANNING BOARD RECOMMENDATION: FAVORABLE. VOTED to approve this article as written (by a unanimous vote). TOWN FINANCES (]09-112) Article 109. RESERVE FUND. To see what sum the Town will vote to raise and 'appropriate to establish a Reserve Fund in accordance with Section 6 of Chapter 40 of the General Laws, to provide for extraordinary or unforseen expenditures which may arise during Fiscal Year ]987. (Petition of the Selectmen) VOTED to transfer from the FY 19S3 Assessors overlay surplus the sum of $2000,000 for this article. Article IlO. S?ABILXZATION FUND. To see what sum the town will raise and appropriate for the Stabilization Fund, in accordance Sect~en 5B of Chapter 40 of the General Laws, from which au~r??r~ations may be made by a two-thirds vote of an annual town me£%~i~ fcr any purpose for which a municipality may borrow money or a~~' other municipal purpose approved by the State Emergency Finance -. (Petition of the Selectmen) VOTED to raise and appropriate the ~nc~ from the tax levy net to the legal levy limit for the purpose fu:?~in? this article. Article Ill. FUNDS TO REDUCE THE TAX RATE. To see what sum the town w~l! vote to take from available funds for the purpose of reducing the property tax rate. (Petition of the Selectmen) VOTED to take $],592,775 from available funds for the purpose of this article, and to leave a balance of $]00,000 in available funds. Article 112. FEDERAL REVENUE SHARING. To see what sum the Town will vete to appropriate from federal revenue sharing funds for the purpose of reducing the amount of funds to be raised for the following budgets: (1) Fire Department Salaries, and (2) Police Department Salaries. ~Petition of the Selectmen) VOTED to appropriate from Revenue Sharing Funds the sum of $330,000 for the purpose of this article and to reduce the amount of funds raised for the fo]lowing budgets; Fire Department Salaries $165,000 and Police Department Salaries $165,000. Thereupon, the meeting was dissolved at 10:52 p.m. OFFICER'S RETURN CO~. OF MASS. ESSEX, SS Pursuant to the foregoing warrant, I have notifimd and warned the inhabitants of the Town of North Andover who are qualified to vote in Town Affairs to be at the time and place for the purpose metioned within by posting the same as directed at least seven days before the date of said meeting. (TOWN MEETING) APRIL 12, 1986 John M~nning Constable of North Andover ATTEST: Yayo N/F North Andover Associates 14 Kilby Street Boston , Mass. 02109 D.H.(fnd.)' W coo ol O 00 450.00 you 7 . ... .. 'OT '. - .- �.. .• 115.00 LOT 14 49,296 S.F LOT 15 48,317 S.F. cn na10 rn D.H.(fnd) j. ao Ul= Z O N/F 0) I N Margaret Antonelli 00 0 1117 Gatewood Drive oU Alexandria, Virginia 22307 (T, 0 Gj o (D Fri PL FROM T,q 10' 60- M�,ORA� � � •, AS�M�N NOTE! D H. (set) E _ UPON FUTURE EXTENSION OF THE 0 S 3307, 02 E 71 .00 N/F LOT 13 45,116 S. F. D•H.(fnd.) �t M U) D N 0, -DOTAL FRONTgG OD 0 0 \FJO 0 F o131.10' L - 315.26' WIA l \ \� L= 210. 18 C!� y S O STREET , ALL PAVEMENT WITHIN THE 46.54 CUL-DE- SAC BEYOND 26' WIDE N 22°09-'41"W 3 BE REMOVED THE DISTURBED AREA 10 `} p _ LOT 3 WILL BE GRA15ED LOAMED & SEEDED r� 0 0 ACCCRDING TO TH� TOWN 0P NORTH - S 2�0;� 41 E 0 �' � N 4� 44,840 S.F. ANDOVER SPECIFICATIONS. ALL WORK N 39.09 ' R = 1�5 �, ,�'�° co °� o SHALL BE COMPLETED BY THE DEVELOPER OFTHE ABUTTING PARCEL. cn 13.04' 1"-�6 00 - �D �J O `26.05' M N v� 3 0) ; 1 L 12� �I /50.00' T0-� 1`1' t FRONTAGE . TEMPORARY i CUL-DE-SAC �. HEREBY CERTIFY THAT THIS z EASEMENT PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF �° N 211.40' DEEDS OF MASSACHUSETTS. - N 26° 05'33 W REG. PROF. LAND SURVEYOR rn f. �s H: LOT I LOT 2 45,607 S.F. ff,555 S.F FOR REGISTRY USE ONLY - P,Q V6, y D.H.(set) North Andover Associates 14 Kilby Street Boston , Mass. 02109 TEMP , S 0201-1� s x. N/F New England Power Company C/o John C. Downing 20 Turnpike Road Westboro, Mass. 01581 - S 30°2OA in" E � S 34 D. H .(fnd.) _ 00 0� 1 w D.H.(fnd.) , �. 25. 39 .. D.tH H. (fnd , ) a f 0 0 - D.H.(fnd.) S 31°32'44" E 0� - N.r. 96.84' w D. H. cf.) A z L_0 i 12 (fn ' 66,044 S.F LOT I 95,864 S.F 00 w �° o ,oN � k 001 `gyp is z 0, b 'Q 'A 0 �� ����% 010 �s � ' �° DRAINAGE EASEMENT � 0 0 _ O c� _ 0 L0 M N ` N N f' N w MQw I J o co , Q z 0T 00 o �2W O - /p' r1 o � w o O v o 0 0o \o " o M 0 LOT 10 p' M C0 0 �p 85,692 S. F. 40 00 z � LLJ lam- Q z o 8W N ° o` N 0 T4 0 0 O o_ o o LO co 0 CO N45,177 S.F. N Op rn.2 _ ,50 D.H.(fnd.) IST 9 \20 2 o 2p o Ogg N 0170 00' co C\j `n N` N 43 } LOT 5 co N �D' N SEE SHEET 4 SEE SHEET 4 y` S175.31, 8,3' FA r/ NORTH ANDOVER PLANNING BOARD DEFT NITIVE APPROVAL UNDER THE RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND IN NORTH ANDOVER , MASSACHUSETTS. D. H. (fnd) 80.00 DATE N/F Berke 8+ Ciardiello TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK THIS IS TO CERTIFY THAT ON 4 1 RECIEVED FROM THE NORTH ANDOVEFf PLANNING BOARD A CERTIFICATION OF ITS APPROVAL OF THIS PLAN AND THAT DURING THE (20) TWENTY DAYS NEXT FOLLOWING HAVE RECIEVED NO NOTICE OF ANY APPEAL FROM SAID DECISION . 5irfz-q-lq?6 -11 *--- DATE'F/ N/F J.R. Realty Trust Ciardello Trustee isant Street idover, , Mass. 01845 N/F John J. Burke & Ralph P. Ciardello 145 Pleasant Street North Andover, Mass. 01845 CSO � y 1O- N� / 2� N/F. `Vincent Equity Trust Thomas D. Laudani Trustee -401 Andover Street North Andover, Moss.01845 N/F Vincent Equity Trust Thomas D. Laudani Trustee • 44 i �e-CiSrt�t�j/ --- .i- -- DENOTES STONE BOUND TO BE SET Definitive Subdivision Plan TURNER ESTATES" North Andover , Mass. Date: March 27, 1986 Scale: I " = 40' REV.: SEPTEMBER98. 1986 OWNER: NORTH ANDOVER ASSOCIATES 14 K I LBY STREET , BOSTON , MASS. APPLICANT: ET AL REALTY TRUST 401 ANDOVER STREET, NORTH ANDOVER, MASS. SURVEYOR: ENGINEER j andover Design Engineers Assoc.PC consultants P 0. Box 516 inc. North Andover, Mass. 01845 213 roadway Methuen , Mass. 0 40 80 120 160 Ft. MWIIIEnnni SHEET 3 OF NOTE: REGISTERED LAND LOTS 58,59, AND 60 ARE A SUBDIVISION OF LOT 3 AS SHOWN ON LAND COURT PLAN NO. 36903A, SHEET 3. .1 `'o 8 o '} RCD INC__Ac.` ",,,(fr1iJ 458.67' LOT 7 51,971 S.F. ( REGISTERED LAND LOT 59 ) S ?40337 W N/F North Andover Associates 14 Kilby Street Boston , Mass. 02109 3 76.97 ►,. LOT 60 (REGISTERED LAND) 54,089 S.F. LOT 8 57,078 S.F ( INCLUDING REGISTERED LAND LOT 60 AND PARCEL"A" ) O% D.H.(fnd.) Oswald a Isabelle B. Vogel 6024 SW 8th Street Box D432 Miami, FI. 33144 Antonel I i D. H. (fnd.) , D. H. (f 214.83 rx1) N 59° 5 47" E .... .., f 121.45 I 13.26 0 o NO Q ss ' LOT 6 z �To �9 N 51,678 S. F. ( INCLUDING REGISTERED ti }'n LOT 5 cn LAND LOT 58 AND cu co \2 n PARCEL"B") Q N �N 52,970 S.F it \� _ N LOT 58 - + (REGISTERED LAND) 247022 S.F. !L G I)o(51 �o 2 V � �/ 11 ' Q DRAINAGE 'EASEMENT SEE PLAINS BY oU 20 WIDE DRAINAGE PARCEL"B" �2� s' & PARKHURST) (DONOHOE tP A EASEMENT ( NON - REGISTERED LAND) 6,0 ,... N 59 5412OCL '�E 27,856 S. F. DRAINq �O �\ 20.00' °-� GE EAS O '` �N o 0 N 71 35' „ E EMENT o, �',a w s' o h .� t� cr O to M ,ti ' r iO�Oh N'M �MA �- O U! ° 1 81.70. o iv rr /50 00 M� .001:74.31 a? J N' .�► 4. - , 128.67 pNTg TOS, �• COQ (V/ o p :22.25 150 00 X00. oro 8 Z ,R = 2v sg •�` o� N NT1 11 �, 01 �tL J U—) 5 A\ 5 I.ROD I N CONC. (fnd.) X04.72' R= I 0 r 2/O� 9 \° o� �°' ` M 8�� � � 20 00 � � /3� /SO o R o 2 ,O'' FOO' � I �N 2 0� N /O �Oi� 9 4 I0 L 303-04% .0 => O cn L _ 31.42' �� 8�%'14G� T44 0 3 -68.55 C0 R 20.00 � 0'� <. � 13 L = 12'8 00 �q�` S 69°5 ��t _ 81.34 \+� SO \tA-9 8 W 149 00. ° 5 89 /-.. 5p0 A�l 1. ROD O, I. ROD IN CONC.(fnd) S STAKE a� ... B 6 8 IN CONC. fnd. / ( ) NAI All N/F Vincent Equity Trust Thomas D. Laudani Trustee N/F John J. Burke a Ralph P. Ciardiello 145 Pleasant Street North Andover, Mass. 01845 HEREBY CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND REGULATIONS OF THE REGISTERS OF DEEDS OF MASSACHUSETTS. REG. PROF. LAND SURVEYOR o D H. (set) N 59 25 51 - . �.. LOT I LOT 2 LOT 4 / `gBOO ` 225.00117. 325.00' S 63°08'04 W PARCEL' A�� ,�� �5t ( 0 WIDE) o � � o � /4 E ) WAY (NON -REGISTERED LAND) O 2,989 S.F o0L , R' 00?5. 1 o 'i u cl, M 325.00 04 E 0 `� �h ... 59.16' ... co M NOTE EXISTING TEMPORARY r' THE DEVELOPER SHALL REMOVE ALL TURN -AROUND PA\/FMFNT wl'TNIN TPP7 rill - nom- CZnr S .� STAKE & NAIL (fnd.) N/F Vincent Equity Trust Thomas D. Laudani Trustee NORTH ANDOVER PLANNING BOARD DEFINITIVE APPROVAL UNDER THE RULES AND REGULATIONS GOVERNING THE SUBDIVISION OF LAND IN NORTH ANDOVER , MASSACHUSETTS. IAJ W �a1 s DATE TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK THIS IS TO CERTIFY THAT 0 J� RELIEVED FROM THE NORTH AN VED PLANNING BOARS A CERTIFICATION OF ITS APPROVAL OF THIS PLAN AND THAT WRING THE (20) TWENTY DAYS NEXT FOLLOWING HAVE RELIEVED NO NOTICE OF ANY APPEAL FROM SAID DECISION . 17 DATE —l-- DENOTES STONE BOUND TO BE SET .4 c SHEET 4 OF 4Q�_\Q i