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HomeMy WebLinkAbout1982-04-24FRANCIIS X. BB'LL33'/'rl THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE ATTORNEY GENERAL JOHN W, MC ~ORI~AOK BTA'I'Ir OF'rIO[ BUILOINI3 ONE ABHBURTON PLACE, BOBTON O~IOB Daniel Long, Town Clerk Office of Town Clerk North Andover, Massachusetts August 9, 1982 01845 Dear Mr. Long: I regret that I must enclose the amendment to general by- laws adopted under Article 41 of the warrant for the North Andover Annual Town Meeting held April 24, 1982, with the disapproval of the Attorney General endorsed thereon. Paragraph 1 of the proposed by-law requires persons, groups of organizations intending to solicit or canvass to register at the Police Station. Paragraph 3 gives the Chief of Police the right to suspend the permission for any violation of the hours authorized or for any other reason deemed to be proper. Reasonable regulations may be drawn with specificity and be enforceable as not infringing on First Amendment rights. Here the instant by-law is vague and persons of common intelligence must guess at its meaning. Hynes v. Mayor of Oradell, 425 U.S. 610 (1976). Village of Schaum- berg v. Citizens for a Better Environment, U.S. (1980), 100 SCR 826. enclosure HFO/ehm Very truly yours, Assistant Attorney Genera TOWN OF NORTH ANDOVER DANU~ LoNe, Town Clerk TOlgl~' ]~UILDING NORTH ANDOVEH, ~IA$~. O184O May h. 1982 ARTICLE ARTICLE 41: To see if the Town will vote to amend its General By-Laws by adding the following section: Section 8.4 Soliciting No person, groups or orgamzations shall be allowed to solicit in the Town .of .Non? Andovet, for whatever purpose intended, without first requesting permmslon in writing from the Chief of Police or his designee. Any person, group, or organization granted permission shall submit a list to the Chief or his designee, the names & addresses of the solicitors, the area, lime of day, and the duration of such solicitation. Said solicitors shall have on their possession at all times an identification card upon request. Under no circumstances will any soliciting be allowed from one half hour after sunset of one day, and not before eight (8:00) a.m. of the next day. The Chief of Police or his designee will have the right to suspend the permission given for any violation of this section or for any other reason not mentioned herein deemed to he improper. Any violation of the provisions of this By-Law shall be punished by payment ora fine of fifty dollars ($50.00), and may be subject to arrest by a Police Officer. Petition of the Police Chief Under the"aforesaid Article it was VOTED UNANIMOUS to Adopt the as amended. AMENDMENT Article Section 8.4 Soliciting 1. No person, group or organization shall be allowed to solicit or canvass in the To~n of North Andover without first registering at the North Andover Police Station. 2. All persons- groups or organizations so soliciting or canvassing shall om request, provide adequate identification. ~ 3. Soliciting or canvassing may not be carried on prior to 8.00 A.M. nor shall it be allowed one-halE hour after sunset. The Chief of Police or his designee will have the right to suspend the permission given for any violation of this Section or for any other reason deemed to be proper. 4. Any violation of the provisions of this by-law shall be p~nished by a payv~ent of $50.00 and may be subject to arrest by a Police Officer Boston, Massachusetts Auqust 9, 1982 The foregoing amendment to the general by-laws adopted under Article 41 of the warrant for the North Andover Annual Town Meeting held April 24, 1982, it h~sap~rove~. July 27, 1982 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under Articles 14 and 79 of the warrant for the North Andover Annual 24 Town Meeting that convened April , 19~re hereby approved. TOWN OF NOR.TH ANDOVER DA~U~L LON0, Town Clerk The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 Department of Attorney General" TOWN BUILDING NOHT~ ANDOYW-i~, MASS. 01845 May 4, 1982 Dear Attorney General: At our Annual To~n Meeting held in the Veterans Auditorium of our North Andover Middle School April 24,26 and 27 1982 the following ArticleSappeared in the Warrant and was voted upon and are hereby submitted for your approval. ARTICLE 14. ARTICLE 14: To see if the Town will vote to amend its General By-Laws by adding the following new section: Section 6.7 .Local Fees and Charges 1. Automatic Amusement Device L/cease (Chapter 140, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56) Scale w/capacity over 10,000 lbs. $$0.00 ea. Scale w/capacity 5-10,000 lbs. $30.00 ea. Scale w/capacity 1-5,000 lbs, $20.00 ea. Scale w/capacii-y lO0-1,O00 lbs. $10.00 ea. Scales/balance~ 10-liN) lbs, $6.00 ea. Scales/balances under 10 lbs. $5.00 ea, Liquid capacity measure of cap. of more than I gal. & measures on pumps $2.00 Liquid meusurins meier dia./¼"- 1" $5.00 ea. Liquid measurin~ meter dia. over 1" Vehicle tanl~ pump $16,00 ea. Vehicle lank ~ravity $20.00 ea. Bulk Storage $40.00 ea. Bulk Storage w/cert, prover $20.00 ca, Taximeter $8.00 ea. Device to determine linerar or area $5.00 ca. Milk bottle or jars $8.00 ea. Vehicle tanks used in sale of commodities by liquid measure per 100 gal. $5.00 ea. Seperate tanks-same vehicle (each) $$.00 ea. All weights & other measures $1.00 ea. Petition of the Selectmen Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article. TOWN OF NORTH ANDOVER D~ LONC, Town Clerk ELEC~ION DEPAETMEN~ .TOWN BUILDING No~'~ A~OOV~R, ~LtSS. 01840 May 198 ARTICLE ARTICLE 41: To sec if the Town will vote to amend its General By-Laws by adding the following Section: Sect/on 8. 4 SolicHing No person, groups or organizations shall be allowed to solicit in the Town of North Andover, for whatever purpose intended, without first requesting permission in writing from the Chief of Police or his designee. Any person? group, or organization granted permission shall submit a list to the Chief or his designee, the names & addresses of the solicitors, the area, time of day, and the duration of such solicitation. Said solicitors shall have on their possession at all times an identification card upon request. Under no circumstances will any soliciting be allowed from one half hour after sunset of one day, and not before eight (8:00) a.m. of the next day. The Chief of Police or his designec will have the right to suspend the permission given for any violation of this section or for any other reason not mentioned herein deemed to he improper. Any violation of the provisio~ of this By-Law shall be punished by payment of a fine of fifty dollars ($50.00), and may be subject to arrest by a Police Officer. Petition of the Police Chief Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article as amended. AMENDMENT Section 8.4 Soliciting 1. No person, group or organization shall be allowed to solicit or canvass in the Town of North Andover~ without first registering at the North Andover Police Station. 2. All persons~ groups or organizations so soliciting or canvassing.shall on request, provide adequate identification. 3. Soliciting or canvassing may not be carried on prior to 8.00 A.M. nor shall it be allowed one-bal~ bout after sunset. The Chief of Police or his designee will have the right to suspend the permission given for any violation of this Section or for any other reason deemed to be proper. Any violation of the provisions of this by-law shall be ppnished by a payment of $50.00 and may be subject to arrest by a Police Officer ARTICLE 79. TOWN OF NORTH ANDOVER D~-~, LoNa, Town Clerk ~CTION I~ARTM~NT TOWN BUILDING NOI~TH ANbO¥~R. ARTICLE 79: To see if the Town will vote to amend the General By-Laws by deleting Chapter 3, Section 3.5 (B), (Wetlands Protection); and replacing it with the following: WETLANDS PROTECTION II--TOWN BY-LAW CHAPTER 3, SECTION 3.5(B) 1. The purpose of this bylaw is to protect the floodplains and wetlands of the Town of North Andover by controlling activities deemed to have significant effect upon wetland values, including but not limited to the following: Public or private water supply, ground- water, flood control, erosion control, storm damage, water pollution, fisheries, wildlife, recreation, and asthetics. No person shall remove, fill, dredge, or alter and bank, fresh water wetland, beach, marsh, meadow, bog, swamp, or lands bordering any creek, fiver, stream, pond or lake, or any land under said waters or any land subject to storm flowage,' of flooding, other than in the course of maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility us- ed in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention so to remove, fill, dredge or alter and without receiving and complying with an order of condi- tions and provided all appeal period's have elapsed. Such notice shall be sent by certified mail to the North Andover Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment. The same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, may be accepted as fulfilling the requirements of this bylaw. The said Commission, in its dicretion, may hear any oral presentation under this bylaw at the same public hearing required to be held under the provisions of said Chapter 131, Section 40, of the Massachusetts General Laws. After due notice and public hearing, the Commission may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invahdate the effect of this bylaw. 2. The term "person", as used in this bylaw, shall include any individual, group of in- dividuals, association, partnership, corporation, company, business organiZation, trust, estate, the Commonwealth or Political subdivision thereof, administrative agency, public or quasipublic corporation or body, or any other legal entity or its legal representative, agents or assigns. 3. The commission shall make a determination as to whether or not this bylaw applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof, within twenty-one (21) days of the receipt of a written request sent by certified mall from any person desiring such determination. 4. The Commission, its agents, officers and employees, may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such examination Or survey as deemed necessary. 5.The Conservation Commission is empowered to deny permission for any removal, dredging, filling, or altering of subject lands within the town if, in its judgement, such denial is necessary to preserve environmental quality of either or both the subject lands and contigous lands. Due consideration shall be given to possible effects of the proposal on all values to be Protected under this bylaw and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. 6. The Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of subject to the same constraints and may be identical to any such order issued by the North Andover Conserva- tion Commission under the provisions of Massachusetts General Laws, Chapter 131, Sec- tion 40. ?. The notice required by the first parngraph of this bylaw shall not apply to emer- gency projects necessary for tbe protection of the health or safety of the citizens of North And. over and to be performed or ordered to be performed by an asmialstrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified ~o be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Gouservation Commission if this bylaw and Massachusetts General Laws, Chapter 132, Section 40, are both applicable, or by the Conservation Commission if only this bylaw is applicable. In no ca~ shah any removal, filling, dredging or alteration authorized by such certification extend beyond the time necessary to abate the emergency. 8. Any person who violates any provision of this bylaw or of any condition or a permit issued pursuant to it shall be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or porlion thereof during which a violation continues shall constitute a seperate offense; if mor~ than one, each condition violated shall con- stitute a seperate offense. This bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21 D, by a Town police officer or other officer having police powers. May ~ 1982 ARTICLE 79. TOWN OF NORTH ANDOVER DAmmm Lo~, Town Cl~k ~t'f~CTION DEPARTMENT (CONTINUED) TOWN BUILDING NORTH AN~OVER, MASS. 01845 May 4, 1982 9. The Commission may, as part of its Order of Conditions require, in addition to any security required by any other town or state board, Commission, agency or officer, that the performance and observance of the conditions imposed under this bylaw be secured by one, or both, of the methods described in the following clauses: a. By a proper bond or the deposit of money or negotiable securities sufficient in the opinion of the Conservation Commission to secure performance of the con- ditions and observance of the safeguards of such order of conditions. b. By a conservation restriction, easement, or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land.) 10. The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm to the interest sought to be protected by this bylaw. Failure to provide to the Conser- vation Commission adequate evidence for it to determine that the proposed work does not cause significant harm to the interest sought to be protected by this bylaw shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonable necessary or desirable to carry out the purposes of this bylaw or to postpone or continue the hearing to another date certain to enable the ap- plicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. 11. Any application submitted under this bylaw will not be considered complete until such time that a fee is submitted to the Conservation Commission of the Town of North Andover. Said fee will be submitted pursuant to the following rules and fee schedule: Rules: a Permit fees are payable at the time of application and are nonrefundable. b Permit fees shall be calculated by this department per schedule below. c Town, County, State or Federal projects are exempt from fees. d No fee is charged for Requests of Determination under the law or extensions of Order of Conditions. e Failure to comply with the law after official notification shall result in fees twice those normally assessed. Fees: a Wetlands By-Law Hearing --- $25.00 (i.e. dwelling, tennis court, swimming pool, bridge, etc.) b Multiple dwelling units shall be charged $25.00 per dwelling unit. c Commercial and industrial projects: $25.00 + $5.00 per $10,000.00 of established general construction cost over $100,000.00. 12. Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this bylaw or in violation of any order issued under the bylaw shall forthwith comply with any such order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. 13. The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any order of conditions which have previously become final. P~ti0n of the No~h A~over Conservation Commission Under the aforesa~ ~t~cle it was VOTED UNANIMOUS to ADOT the Article with the following typographical corrections. Paragraph l, Line 5 Between alter -bank Change the word and to any " 1, L~ne 18 The Word dicretion ShOUld read discretion Paragraph 7. Line 3 The word asmimistrative should read administrative All ATTEST: requirements of the law have been complied with. A TRUE COPY:/ / DANIEL LON~./ July 27, 1982 Boston, Massachusetts The within zoning maps pertianing to Articles 80, of the warrant for the North Andover AnI convened April 24, 89 and 93  own Meeting that 1982, TOWN OF NORTH ANDOVER DA~rmL LONO, Town Clerk The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 Dear Attorney General: TOWI~ BUII.,D1NG NORTH AN'DOVER, MASS. 01845 May k, 1982 At our Annual Town Meeting held April 24, 26 and 27 19822En the Veterans Auditorium of our North Andover Middle School the following Zoning By-Law Articles appeared in thw Warrant and was voted upon, are hereby submitted for your approval. ARTICLE 80: To see if the Town will vote to amend its zoning By-Law by changing ARTICLE 80. the zoning map of the town to include the parcel of land hereinafter described within the Residential 4 District: land off Riverview. Ferry, North Main and Ashland Streets, North Andover, Massachusetts, and more particularly bounded and described as follows: Parcel I Beginning at a point on the Easterly boundary of the Merrimac River at land N/F of James and Katrina Griva; thence running Easterly by land N/F of Griva a distance of 262 feet, more orless; thence running Southerly along the Western boundary of the B & M Railroad Right-of-Way a distance of 900 feet. more or less, to more or less, to the Western boundery of Riverview Street; thence running North- westerly a distange of 310 feet, more or less, along Riverview Street to land owned N/F of Kandrut; thence running in a Westerly course a distance of 300 feet, more or less, to the Merrimac River; thence running Northeasterly a distance of 4110 feet, more or less, along the easterly boundary of the Merrimac River to the point of beginning. Parcel Beginning at the intersection of the Westerly side of Ashland Street and the centerline of North Main Street; thence running Southeasterly a distance of 280 feet, more or less, by said centerline of North Main Street to a point in the centerline of Sutton Street; thence running Northeasterly by said centerline of Sutton Street a distance of 150 feet, more or less, to a point; thet~e ~ Wmt~ly mote or less, to a point on the Easterly line of the 8 & M Railroad a ~ of I~0 fret, more or less, to the centesline of North Main Street. l~-ginning at a point on the Easterly llne of the B & M Railroad and the eenterline of North Main Street; thence running Northwesterly by said'centerline of North Main Street a distance of 105 feet, more or less, to a point on the Western line of Ashland Street; thence running Southwesterly by said line of Ashland Street 150 feet, more or less, to the Southeast corner of land owned N/F of Kmiec; thence running Westerly 65 feet, more or less, by Kmiec to a point; thence running 1 i0 feet, more or less, by said land of Kmlec ! 05 feet, more or less, to a point on the Southerly side of Ferry Street; thence turning and running Westerly by said Southerly side of Ferry Street along Ferry Street a distance of 220 feet, more Or less, to 495 feet, more or less, along the Mcr- rimack River to the Western lot llne of land N/F of Mazasakis Family Trust; thence running Southeasterly by said land of Mazarakis Family Trust a distance of 345 feet, more or less, to a point in the centerline of Sutton Street; thence running Northeaster- ly by said centerline of Sutton Street a distance of 450 feet, more or less, to a point; thence turning Northwesterly 95 feet, more or less, by land owned N/F of San-Lan Realty Trust to a point on the Easterly line of the B & M Railroad and land of San- Lan Realty Trust Main Street and the point of beginning. Petition of the Planning Board Under the aforesaid Article 80 it was VOTED UNANIMOUS to ADOPT the Article, THE COMMONWEALTH OF MASSACHUSETTS RECEIVED DANIEL LONG DEPARTMENT OF THE ATTORNEY GENERAL TOWN CLERK NORT~ JOHN W, MC OORMAI3K 8'rATIr OIrFIGE: BUI/DINm July 27, 1982 Daniel Long, Town Clerk Office of Town Clerk Town Building North Andove~/ Massachusetts 01845 Dear Mr. Long: I enclose the amendments to general by-laws adopted under Articles 14 and 79 and the amendments to zoning by-laws adopted under Articles 80, 81, 82, 83, 84, 85, 88, 89 and 93 of the warrant for the North Andover Annual Town Meeting that convened April 24, 1982, with the approval of the Attorney General endorsed thereon and on the zoning maps pertaining to Articles 80, 89 and 93. Very truly yours, Assistant Attorney General enclosure HFO/ehm ARTICLE 79. TOWN OF NORTH ANDOVER DAtum LONe, Town Clerk ~L~I'ION DEPAE?M~N~ TOW~ BUILDING NORTH A~OV'~R, M,~$~J'01845 ARTICLE 79: To sec if the Town will vote to amend the General By-Laws by deleting. Chapter 3, Section 3.5 (B), (Wetlands Protection), and replacing it with the following: WETLANDS PROTECTION II--TOWN BY-LAW CHAPTER 3, SECTION 1. The purpose of this bylaw is to protect the floodplains and wetlands of the Town of North Andover by controlling activities deemed to have significant effect upon wetland values, including but not limited to the following: Public or private water supply, ground- water, flood control, erosion control, storm damage, water pollution, fisheries, wildlife, recreation, and asthetics. No person shall remove, fill, dredge, or alter and bank, fresh water wetland, beach, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters or any land subject to storm flownge,' of flooding, other than in thc course of maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility us- cd in the service of thc public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services, without filing written notice of his intention so to remove, fill, dredge or alter and without receiving and comp/ying with an order of condi- tions and provided all appeal perio~ have elapsed. Such notice shall be sent by certified mail to the North Andover Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment. The same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, may be accepted as fulfilling the requirements of this bylaw. Thc said Commission, in its dicretion, may hear any oral presentation under this bylaw at the same public hearing required to be held under the provisions of said Chapter 131, Section 40, of the Massachusetts General Laws. After due notice and public hearing, the Commission may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw. 2. The term "person", as used in this bylaw, shall include any individual, group of in- dividuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or Political subdivision thereof, administrative agency, publ/c or quasipublic corporation or body, or any other legal entity or its legal representative, agents or assigns. 3. The commission shall make a descrmlnation as to whether or not this bylaw applies to a specific situation prior to the filing, of a written notice of intent under the provisions hereof, w~thin twenty-one (21) days of the receipt of n written request sent by certified mail from any person desiring such determination. 4. The Commission, its agents, officers and employees, may enter upon the land upon which the proposed work is to be done in responsa to a request for a pilot' determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such esamJuation or survey as deemed necessary. $.Thc Conservation Commission is empowered to deny permission for any removal, dredging, tilling, or altering of subject lands within the town if, in its judgement, such denial is necessary to preserve environmental quality of either or both the subject lands and contigoas lands. Duc consideration shall be given to possiblc effects of the proposal on all values to be Protected under this bylaw and to any demonstrated hardship on thc petitioner by reason of a denial, as brought forth at the public hearing. 6. The Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of subject to the same constraints and may be identical to any such order issued by the North Andover Conserva- tion Commission under the provisions of Massachusetts General Laws, Chapter 131, Sec- tion 40. 7. The notice required by the first paragraph of this bylaw shall not apply to emer- gency projects necessary for the protection of the health or safety of thc citizens of North Andover and to be performed or ordered to be performed by an asministrative agency of the Commonwcahh or by the Town. Emergency projects shall mean any projects Cerfif'~d to be an emergency by the Commi~ioner of the Department of Environmental Quality Engineering and the Conservation Commission if this bylaw and Massachusetts Ocnend Laws, Chapter 132, Section 40, are both applicable, or by the Conservation Commission if only this bylaw is applicable. In no case shall any removal, trdling, dredging or alteration authorized by such certlf'gation extend beyond the time necessary to abate the emergency. 8. Any person who violates any provision of this bylaw or of any condition or a permit issued pursuant to it shall be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a seperatc offedse; if mor~ than one, each condition violated shall con- stitute a sepcrate offense. This bylaw may be enforced pursuant to Massachusett~ General Laws Chapter 40, Section 21 D, by a Town police officer or other officer having police May ~ 1982 ARTICLE 79. TOWN OF NORTH ANDOVER D~ Lo~o, Town Clerk vr ~TI'ION DEPARTMENT (CONTINUED) TOl~q BUILDING No~rH ANDOVF_~. MASS. 01845 May /4, 1982 9. The Commission may, as part of its Order of Conditions require, in addition to any security required by any other town or state board, Commission, agency or officer, that the performance and observance of the conditions imposed under this bylaw be secured by one, or both, of the methods described in the following clauses: a. By a proper bond or the deposit of money or negotiable securities sufficient in the opinion of the Conservation Commission to secure performance of the con- ditions and observance of the safeguards of such order of conditions. b. By a conservation restriction, easement, or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land.) 10. The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his notice of intention will not cause significant harm to the interest sought to be protected by this bylaw. Failure to provide to the Conser- vation Commission adequate evidence for it to determine that the proposed work does not cause significant harm to the interest sought to be protected by this bylaw shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonable necessary or desirable to carry out the purposes of this bylaw or to postpone or continue the hearing to another date certain to enable the ap* plicant and others to pre~nt additional evidence, upon such terms and conditions as seems to the Commission to be just. 1 I. Any application submitted under this bylaw will not be considered complete until such time that a fee is submitted to the Conservation Commission of the Town of North Andover. Said fee will be submitted pursuant to the following rules and fee schedule: Ru, les: a. Permit fees are payable at thc time of application and are nonrefundable. b. Permit fees shah be calculated by this department per schedule below. c. Town, County, State or Federal projects are exempt from fees. d. No fee is charged for Requests of Determination under the law or extensions of Order of Conditions. e. Failure to comply with the law after official notification shall resuh in fees twice those normally assessed. Fees: a. Wetlands By-Law Hearing -- $25.00 (i.e. dwelling, tennis court, swimming pool, bridge, etc.) b. Multiple dwelling units shall be charged $25.00 per dwelling unit. c. Commercial and industrial projects: $25.00 + $$.00 per $10,000.00 of established general construction cost over $100,000.00. 12. Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this bylaw or in violation of any order issued under the bylaw shall forthwith comply with any such order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. 13. The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any order of conditions which have previously become final. Petition of the North. Andov~.Conservation Commission Under the aforesa~ ~tJcle it was VOTED UNANIMOUS to ADOT the Article with the following typographical corrections. Paragraph 1. Line 5 Between alter - bank Change the word and to any 1. Line 18 The Word dicretion should read discretion Paragraph 7. Line 3 The word asmimistrative should read administrative All ATTEST: requirements of the la~ have been complied ~ith. i TRUE COPY:// ~ j TOWN OF NORTH ANDOVER DA~, Lo~m, Town Clerk m.v'~'l'10N DI~AR'I'MEI~ .TOWN' BUILDING Noll"rli INDOVER, MISS. 01845 May h. 1982 ARTICLE ARTICLE 41: To see if the Town will vote to amend its General By-Laws by adding the following section: Section 8.4 Soliciting No person, groups or organizations shall be allowed to solicit in the Town of North Andover, for whatever purpose intended, without first requesting permission in writing from the Chief of Police or his designee. Any person, group, or organization granted permission shall submit a list to the Chief or his designee, the names & addresses of the solicitors, the area, time of day, and the duration of such solicitation. Said solicitors shall have on their possession at all times an identification card upon request. Under no circumstances will any soliciting be allowed from one half hour after sunset of one day, and not before eight (8:00) a.m. of the next day. The Chief of Police or his designee will have the right to suspend the permission given for any violation of this section or for any other reason not mentioned herein deemed to be improper. Any violation of the provisions of.this By-Law shall be punished by payment of a fine of fifty dollars ($50.00), and may he subject to arrest by a Police Officer. Petition of the Police Chief Under the aforesaid as amended. Article it was VOTED UNANIMOUS to Adopt the Article AMENDMENT Section 8.h Soliciting Be No person, group or organization shall be allowed to solicit or canvass in the Town of North Andover without first registering at the North Andover Police Station. All persons, groups or organizations so soliciting or canvassing shall on request, provide adequate identification. Soliciting or canvassing may not be carried on prior to 8.00 A.M, nor shall it be allowed one-half hour after sunset. The Chief of Police or bis designee will have the right to suspend the permission given for any violation of this Section or for any other reason deemed to be proper. Any violation of the provisions of this by-law shall be p?nished by a pa2ment of $50.00 and may be subject to arrest by a Police Officer A RTl CLE TOWN OF NORTH ANDOVER DA~rmL LON0, Town Clerk ~rff,WYl'ION DEPARTMENT 8 '1 , ARTICLE 81: TO see if the Town will vote to amend the Zoning By-Laws by adding the following to Section 2: 2.75 Public Parking Area A parking area owned and maintained by the Town of North Andover. Petit/on of the Planning Board TOWN BUILDING NO~TH ANDOVER, MASS. 01845 May ~, 1982 Under the aforesaid Article 81 it was VOTED UNANIMOUS to ADOPT the Article. ARTICLE 83: to see if the Town will vote to amend its Zoning By Law, Section 2 definitions, by adding to Paragraph 2,65, Special Permit Granting Authority, the following words after the phrase, "Watershed District", and large enrage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by deleting Paragraph 2.7S' driveways, the following words after the phrase, "except by Special Permit", and by ad- ding the phrase, except as allowed by Special Permit granted by the Planning Board. Petition of the Planning Board ARTICLE 83. Under the aforesaid Article ARTICLE 88. 83 it was VOTED UNANIMOUS to ADOPT the Article. ARTICLE 88. To see if the Town will vote to amend the Zoning By Law by deleting Section 4.121 Par. (7); Section 4.122 Par. (7); and Section 4.123 Par. (7) and inserting the following: Section 4.121 Par. (7); Section 4.122 Par. (7); and Section 4.123 Par. (7): Sw.imming pools in excess of two feet depth shall be considered a structure and permitted provided such pools are enclosed by a suitable wall or fence al least four (4) feet in height to be deter- mined by the Building Inspector to prevent the entrance of persons other than' those residing at the pool location. Pools shall be located no nearer the street than the front bgilding line of the dwelling, except by Special Permit. Pet{lion of the Planning Board ARTICLE 89. To see if the Town will vote to amend the Zoning By-Law by chang- ing the Zoning Map of the Town to include the parcel of land hereinafter dear{bed from R-4 Residential District to General Business District, and more particularly bounded and described as follows: Starting at a point on the Southerly side of Davis Street which point is located 86.15' from its intersection with Pleasant Street; thence running Northeasterly along the Southerly side of Davis Street, 86.15' to a stone-bound; thence turning and running in a Southerly direction, 120' to a stake; thence turning and running in a Southwester{y direction, 86.15' to a point by land now or formerly of Willis; thence turning and running in a Northwesterly direction by land now or formerly of Polizzotti, 120' to the point of beginning. YES 171 it was VOTED to ADOPT the Article NO 2 Underthe aforesaid Article 88 ARTICLE 89. Petition of Loretta L. Willis and others Nnd~r the aforesaid Article 89 it was VOTED to ADOPT the ARTICLE 93. Under YES 121 Ar~'ic lc. NO 59 ARTICLE 93. To see if the Town will vote to include as General Business Zone the residential zoned-2 Lot with house thereon located at 1717 Turnpike Street, Rte 114 and bounded as follows: easterly by State Highway Route 114, 162.53 feet; northerly by Cyr Oil 91.00 feet; Westerly by Commonwealth of Mass. and Sarah Beck property 152.00 feet; and Southerly by the Sarah Beck property 107 + feet, containing 15,550_+ S.F. Petition of John J. Callahan and others the aforesaid Article 93 it was VOTED ~ANIMOUS to ADOPT the Article TOWN OF NORTH ANDOVER DAN~L LON0, Town Clerk ELECT~ON DEPARTMENT ARTICLE 84. TOWN BUILDING NORTH ANDOV~. MASS. 01845 May 4,1982 ARTICLE 84: To see if the Town will vote to amend its Zoning By Law by adding the following to Section 2: 2.76 Planned Development District 1. Planned Unit Development (PUD) A planned unit development shall mean development of an area of land as single entity, in which a mixture of residential, open space, commercial, and/or dustrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart front the normal requirements of the district in which the PUD is to be located, to the extent authorized by this Zoning By Law. 2. Usable Open Space The part or parts of !slid or structure within a PUD which are reserved for active or passive recreation ~ae. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a cafes and shall be open and unobstructed to the sky. Trees, plantings~ arbors, fences, sculpture, fountains, swimming pools, open.air recreational facilities, Laundry apparatus and similar objects shall not be considered obstructions. Petition of the Planning Board Under the aforesaid Article 84 it was VOTED to ADOPT the Article with the following amendment. "That the words 'Planned Unit Development' be changed to 'Planned Development District' and the letters 'PUD' be changed to 'PDD' and, in Section 2.76. Par.l, after the word 'entity' the following words be added: 'which lies in an I-S District'" VOTED YES 181 NO 6 4l a ARTICLE 82. TOWN OF NORTH ANDOVER DAN~n~L LONG, Town Clerk ~C~ON D~PAWI'M~NT BUILDING A~I~OVER, Mass. 01545 1982 ARTICLE 82: To see if the Town will vote to amend its Zoning By-Law by adding a new Section #12 to read as follows: Section 12 PLANNED DEVELOPMENT DISTRICT 12.1 Jurisdiction The Planning Board may grant a Special Permit for construction of a PDD in the following district: I-S. The Special Permit shall conform to this by-law and to G.L. Chapter 40A, Section 9, and to Regulations which the Planning Board shall adopt for carrying out its duties hereunder. Except as set out hereunder, or in the Planning Board's Regulations, or in a specific permit granted hereunder, the provisions of the Zoning By Law shall con- tinue to govern. This property is to be used for parking purpuses in conjuction with improvements in the dowmown area and any costs incurred for this project will be paid from federal community development block grant funds. 12.2 Purpose The purpose of thc PDD District is to provide for a mixture of land usage at designated locations at greater density and intensity than would normally be allowed provided that said land usage: 1. Does not retract from the livability and aesthetic qualities of the environment. 2. Is consistent with the objectives of the Zoning By Law. 3. Promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains, and wildlife. 4. Promotes diverse, energy-efficient housing at a variety of costs. 12.3 Procedures 1. Per-Application Conference Prior to the submission of an application for a Special Permit, the applicant at his option may confer with the Planning Board to obtain information and guidance before entering into binding commitments or incurring substantial ex- pense in the preparation of plans, surveys, and other data. 2. Submission of Preliminary Plan The applicant shall file a preliminary plan accompanied by the form titled "Sub- mission of Preliminary Plan, Planned Development" to the Planning Board at a regularly scheduled meeting. A copy of the preliminary plan and the above form shall also be filed in the Town Clerk's office. The Planning Board, within 60 days from receipt of the plan by the Town Clerk, shall reveiw and determine whether the proposed project is consistent with the TOWN OF NORTH ANDOVER DANIEL LoNo, Town Clerk ARTICLe--8 2 (Cont~ued) Page 2 TOWN BUILDINO NO~T~ ANDO~ER, MASS. 01845 May ~$. 1982 most suitable development of the town. The Planning Board may suggest modifications and changes to the preliminary plan in anticipation of th filing of the definitive plan. If the Planning Board falls to act within 60 days, the appli- cant may proceed to file his definitive plan. a) Planned Development Bounderies, north point, date, scale, legend and title "Preliminary Plan: Planned Development", the name or names of ap- plicants and engineer of designer. b) Names of all abutters, land uses, and approximate location and width of all adjacent streets. c) In general manner, the existing and proposed lines of streets, ways, easements and of any Public areas within or next to the Planned Develop. meet. The approximate boundery lines of ex/sting and proposed lots with approx- imate areas and dimensions. The proposed system of drainage, including adjacent existing natural waterways and the topography of tbe land in a general manner. Existing and proposed open space in a general manner. An analysis of the natural features of the site, including wetlands, floodplains, slopes over 12%, soil conditions, and other features requested by the Planning Board. A description of the neighborhood in which the tract lies, including utliities and other public facilities and the general impact of the proposed PUD upon them. A summary of environmental concerns relating to the PUD. d~ e) g) h) TOWN OF NORTH ANDOVER DANIEL LONG, Town Clerk ELECT~ON DE~AR~M~N~ ARTICLE 82 (COntinued) Page 3 TOWN BUILDING NORTH ANDOVER, MASS. 01845 May b,~ 1982 Submission of Defenitive Plan The application for a Special Permit and site plan review shall be accompanied by the original copy of the definitive plan and other data required to be submit- ted in triplicate and shall contain the following data: All items in "Contents of the Prelim/nary Plan: Planned Development District" (a through and including i) shall be incorporated. a) It shall be drawn at a scale of one inch equals forty feet unless another scale is requested and found suitable by the Planning Board. b) The plan shall be prepared by a land surveyor, professional engineer, or architect. The scale, date, and north arrow shall be shown. d) The plan shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks, and all other required dimensions elevations, and measurements and shall be signed under the penalties of perjury. e) The corner points of the lot and change of direction of lines shall be marked by stone monuments, cut in stone, stake and nail, iron pin, or other marker and.shall be so marked. f) Lot number, dimensions of lot in feet, size of lot in square feet, and width of abutting streets and ways. g) Easements within the lot and abutting thereon. h) The location of existing or proposed buildings on lot. i) The location of existing wetlands, water bodies, wells, 100-year floodplain elevation and other natural features requested,by the Planning Board. j) The dimensions Of the existing and proposed buildings in feet. k) The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. l) Percent of the lot coverage. m) Average finished grade of each proposed building. n) The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building. o) Existing and proposed topographical lines at two-foot intervals. p) The use designation of each building or part thereof, and of each section of open ground, plaza, or usable roof space. q) Numbering of parking spaces. TOWN OF NORTH ANDOVER DANIEL LOZ~G, Town Clerk E~-'CT~oN D~'AETMElV'I' A~TIOLE 82 (COntinued) Page TOWN'BUll, DING No~t'l~ A/q~o¥,~l~. MASS. 01845 May 4, t982 Height of a/l proposed buildings, above average finished grade of abutting streets. s) Number of apartments, meeting rooms, and restaurant and theater. t) Total square feet of floor space of ail landscape and recreation areas, and depiction of materials to be used (grass, 5-foot shrubs, etc.). u) Deed or other recorded instrument that shows the application to he the owner under option of the land to be designated as a Planned Develop- ment. 11.4 Minimom Requirements The plan shall be subject to the following conditions and the Planning Board shall make a determination that the project meets all the following conditions: 1. The project is consistent with the purposes set out in Section 2. 2. If more than 25°7o of the PUD is located within a residential district, at least 51% of the building area and accessory facilities in the PUD shall be used for residen- tial purposes. 3. Ingress and egress for traffic flow is designed properly so that there will be no serious hazard to vehicles or pedestrians. 4. Adequate parking facilities are provided for each use and structure in the development. 5. Major facilities or functions which require siting within scenic areas are designed to be visually compatible with the natural or historical characteristics. 6. The project does not adversely effect the natural environment to the detriment of community character and public health and safety. 12.5 Permilted Uses In a Planned Unit Development, the following uses are permitted: 1. Residential al Detached 1.2. or 3-family residential structures b) Apartment houses c) Town Houses 2. Business a) Restaurant b) Theater, Museums c) General retail saies and service (except retail saies of automobiles, mobile homes, house trailers and except automobile service station) d) Banks and finaciai offices e) Business and professional offices t) Personal services g) Recreation Industrial Use a) Any uses which the Planning Board determines are not injurious to the safety or generai welfare of the area. TOWN OF NORTH ANDOVER Dm~nE~ LONa, Town Clerk gT~CTIO~ DBPA~T~V~NT ARTICLE 82 (Continued) Page 5 TOWN BUrLIliNG NO~ AN'DOVER, MASS. 01845 1,, 1982 PUD Site Area No PUD shall be permitted on a site of less than 60,000 square feet. Usable Open Space In all PUD's, at least 20% of the land shall be set aside as permanent usable open space, for the use of the PUD residents, or for all PUD users, or for the community. The required open space shall be conveyed to the Conservation Commission or to a nonprofit conservation organization, or to a corporation or trust representing persons responsible for the PUD, and shall be protected by a conservation restriction as required by G.L. Chapter 40A, Section 9 for common open space in cluster developments. A covenan~ shall be placed on the land such that no part of the PUD can be built, sold or occupied until such time as a satisfactory written agreement has been executed for protection of the open space. Setback Requirements Insofar as the PUD abuts a residential district, all proPosed structures and facilities within the PUD shall be set back not less than 25 feet from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate landscaping. 12.7 Relation to Subdivision Control Act Approval of a Special Permit hereunder shall not substitute for compliance with the Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plan for subdivision, nor reduce any time periods for board consideration under that law. However, in order to facilitate processing, the Planning Board may insofar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this section and the board's regulations under the Subdivision Control Act. Petition of the North Andover Planning Board Under the aforesaid Article it was VOTED to ADOPT the Article with the following amendments. That the last sentence in Section 12, Paragraph 12.1 which begins with 'This property is to be used' be deleted. "That, throughout the article, the words 'Planned Unit Development' be changed to 'Planned Development District' and the letters 'PUD' be changed to 'PDD'" VOTED YES 173 NO 9 All requirements of the law have ATTEST' ~A TRUE COP~: // // TOWN CLERK ~----~ been complied with. ARTICLE 85. TOWN OF NORTH ANDOVER DnNmL LONe, Town Clerk ELECTION DEPARTMEN~ ~ay 4, ARTICLE 85, To see if the Town will vote to amend its Zoning By Law by adding a new section #13 1o read as follows: Section 13 LARGE ESTATE CONDOMINIUM CONVERSION 13.1 Purpose The purpose of this subsection is to permit existing dwellings on large tracts of land in Residence Districts I, 2, and 3 to be converled to single family condominium dwelling units compatible with such Res dence Districts, to create new housing, involving relatively little new construction, tO generate tax revenue to the Town, to preserve existing buildings, to preserve the residential character of the Town and to preserve open space in the Town. In order to provide for deve opment that is compatible with Residence Districts l, 2, and 3, which districts are primarily for single family residences, the conversions to dwelling units under this subsection are to condominium dwelling units, which can be separately owned, and are therefore a type of development similar in character to other development in such districts. 13,2 Requirements Properties meeting the following requirements shall be eligible for a condominium conversion Special Permit: 1. Parcels with one or more existing buildings in a Residence 1,2 or 3 District of not less than 10 acres and with not less than 150 feet of frontage on a public way, 2. Any dwelling located on a lot of record as of April 24, 1982 may be converted to condominium dwelling units. Said Lot of record shall not be reduced in area but may be increased in area by the addition of abutting land. 3. The total number of dwelling units that can be'created under a condominium conversion Special Permit shall not exceed (n-2) where "n" is the number of acres in the Parcel. 4. Each condominium dwelling unit shall be an independent dwelling unit intended for use by a single family, with its own bath and toilet facilities and its own kit- chen. The average square footage of the interior living space of the units shall be ~not less than 850 square feet. 5. A building (including both buildings converted to condominium dwelling units and'other buildings not converted to condominium dwelling units) shall not be externally enlarged except with the approval of the Planning Board, and in no event shall such enlargement add to any one building more floor area than a number equal to 5~'0 of the above grade floor area of such building, the floor area of porches and decks to be included in the calculations of floor area. 6. No new building for dwelling purposes may be built on the parcel. New struc- tures may be built pursuant to paragraph 8 (b) below. 7.There shall be at least one off-street automobile parking space roi' each con- dominium dwelling unit. 8. For the purposes of this subsection, "open space" shall mean all of the land on the parcel except that land occupied by buildings to be converted to con- dominium dwelling units or land to be used for parking purposes. To insure the preservation of open space, the following requirements shall be met: (a) Open space may be used for the following purposes: flower gardens, gardens, landscaping, required parking, roadways and driveways reasonably necessary for the development, underground utilities, recreation not requiring any facility or structure, and land left in its natural state. The open space may be used for other purposes as allowed in the Residence District if approved by the Planning Board. {b} On open land all facilities and structures for accessory purposes (such as swimming pools, tennis courts, garages, carports, parking areas, lamp posts, small sheds for tools or sports equipment, fences, including the kind enclosing a tennis court or swimming pool, bath houses, and other ac- cessory structures for accessory purposes) shall be subject to the approval of the Planning Board as to their number, design, locations, uses and sizes provided, however, that all such facilities and structures, including road- ways and driveways, shall not involve the Use of more than 20010 of all of the open land on the parcel. (c} All new utilities, including wiring for lights or open space, paths and drive- ways, shall be placed underground. TOWN BUILDING NORTH ANDOVER, MASS. 01845 1982 A~TICLE 85. TOWN OF NORTH ANDOVER DAN'I~L LONe, Town Clerk ELECTION DEPARTMEN? (Continued) 13.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: I. Proposed Master Deed and proposed plans to be recorded therewith, including floor plans, at least one elevation for each building being converted to dwelling units, and a site plan for the parcel locating at least each building, roadways, and driveways, parking, recreation facilities, utilities, and accessory facilities and s~ructures. 2. Proposed by Laws. 3. A sample proposed Unit Deed. 4. A locus plan showing the parcel and all land immediately adjacent thereto, in- cluding nearby buildings and structures. 5. Such other plans, photographs, models or elevations as the Planning Board shall reasonably deem necessary or appropriate to help understand ~he proposal. 13.4 Change in Application After a condominium conversion Special Permit has been granted, any change in the location or use of a building, any enlargcmem of a building, any material exterior restora- tion, any material change in thc use of thc open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to thc Special Permit which shall he upon petition to thc Planning Board and after a public hearing (with the provisions of paragraph 13.5 applying) and upon a finding by the Planning Board that the proposed change or changes do nol substantially derogate from thc intent and purpose of this subsec- lion. l',,lom'a A~OVER. MASS. e184s May /g, 1982 13.$ Review by the Planning Board Prior to recording, a Special Permit granted under this section shall be subject to the review by the Planning Board of the final plans, and of the Master Deed, and plans to be recorded thercwlth, and By Laws, as they are to be initially recorded, which final plans, Master Deed, plans and By Laws shall be substantially the same as those approved with the Special Permit in all respects material to considerations relevant to the Special Permit, in which case the Chairman of the Planning Board Shall endorse copies of such final plans and such Masler Deed, plans and By Laws as having received final review and approval under this subsection, which endorsement shall be conclusive evidence thereof. Any amendment to the Master Deed, and plans recorded therewith, and By Laws related to an amendment to the Special Permit shall be endorsed by the Chairman of the Planning Board as provided herein for such documents as initially recorded. Petition by the North Andover Planning Board Under the aforesaid Article 85 it was VOTED UNANIMOUS to ADOPT the ARTICLE TOWN OF NOPj 'J ,ANDOVER C:EIVED D.~w~ Lo~'o, Town ~erk ELECTION DEPAR/'~IEI~pI~ The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 10 1982 TOWN' BUILDING Oepar~ent of A~orney ~enera[' May ~, 1982 Dear Attorney General: At our Annual Town Meeting held in the Veterans Auditorium of our North Andover Middle School April 2~,26 and 27 1982 the following ArticleNappeared in the Warrant and was voted upon and are hereby submitted for your approval. ARTICLE l~. ARTICLE 14: To s~ if the ~ the foNowlng new sec~/on: Town wdl vote to amend its General By-Laws by adding Section 6.7 .Local Fees and Charge~ I. Automatic Amusement Device License (Chapter ]40, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56) Scale w/capacity over !(~000 lbs. Scale w/capacity 5-10,000 lbs. $$0.00 ea. Scale w/capacity 1-5,000 lbs. :$30.00 ea. Scale w/capacky JO0-1,O00 lbs. $20.00 ea. Scales/balances lO-lO0 lbs. $10.00 ea. Scalesfoalances under 10 lbs. $6.00 ea.. Liquid capacity measure of cap. of $$.00ea. more than I gal. & measures on pumps Liquid measuring meter dia./½ '-1, $2.00 ea. Liquid mcazuring meter dia. over 1" $~$.00 en. Vehicle tanl~ pump Vehicle tank gravity $16.00 ea. Bulk Storage $20.00 ca. B!dk Storage w/cert, prover $40.00 ea. Taximeter - :$20.00 ea. Device lo determine [inerar or area $8.00 ea. Milk bottle or jars $5.00 ea. Vehicle tanks used in sale of commodities $8.00 ca. by liquid measure per 100 gal. Seperate tanks-same vehicle (each) $5.00 ea. All weights & other measures $5.00 ea. ~, $1.00 ea. Petition of the Selectmen e Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article. July 27, 1982 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under Articles 14 and 79 of the warrant for the North Andover Annual Town Meeting that convened April 24, 19 ~re hereby approved. TOWN OF NORTH ANDOVER MASSACHUSETTS May 4, 1982 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: According to the Planning Board's records, the following is a summary of action taken at the 1982 Annual Town Meeting regarding zoning articles. ARTICLE 80 Passed ARTICLE 81 Passed ARTICLE 82 Passed with the following amendments: "That the last sentence in Section 12, Paragraph 12.1 which reads 'This property is to be used for parking purposes in conjunction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds' be deleted". "That, throughout the article, the words ~Planned Unit Development' be changed to 'Planned Development District' and the letters "PUD' be changed to 'PDD' " ARTICLE 83 Passed ARTICLE 84 - Passed with the following amendment: "That the words 'Planned Unit Development' be changed to 'Planned Development District' and the letters 'PUD' be changed to 'PDD' and, in Section 2.76, Par. 1, after the word 'entity~ the following words be added; 'which lies in an I~S District~" MASSAC~HUSETTS May 4, 1982 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 the Dear Mr. Long: The following is a list of Planning Board: Paul A. Hedstrom, Chairman Michael P. Roberts, Vice,Chairman Walter R. McDonough, Clerk John J. Burke Erich W. Nitzsche members jw of the North Andover Sincerely, PLANNING BOARD Paul A. Hedstrom, Cha i rman "Mr Daniel Long, Town Clerk Pa ge 2 ,qay 4, 1982 ARTICEE 85 - Passed ARTICLE 86 Defeated ARTICLE 87 - Withdrawn ARTICLE 88 - Passed ARTICLE 89 - Passed ARTICLE 90 - Withdrawn ARTICLE 91 - Defeated ARTICLE 92 - Defeated ARTICLE 92 - Passed ARTICLE 94 - Defeated jw Sincerely, PLANNING BOARD Paul A. Hedstrom, Cha i rman town to include the parcel ot land heraimdtor described within the- Residential 4 District: land off Rift- view, Fefly, North Main, and Massachusetts, '`nd more per~ tlcularly bounded and deacflBod as Parcel 1 Beginning at a point on the Easter- ly Boundary nt the Merrimac River at . land N/F of James and Katrlrm GrfYa; thence running Easterly by land N/For Gdva a eisience of 262 -feet, more or less; thence running - Sontllmly along the Western Boun- dery of the B & M Railr~. RIgM-of- Way a distance 01 900 feat, reere or less, to land owned N/F of 'Brasseur; ,thence ruffling Southwesterly e dislance of 150 feet, mom' or less, lo the Western Boundaf~ if Rivervtew Street; them running Nodhwestedy a distance O1 310 feet, rr~ er less. 'along Rtver~ew Street to land own- ed NIF of Kandrut: thence running In '` Westerly cour~ a distance of 300 feel, mere er leas, to the Mor- rimack Rim; thence rumdng Nor- moru or .~n, to me poh~ 01bepnn- Iq. Percel 2 i Begtnmg at the inter~Gon 01~ the Westerly skis of ksldand Street and the conto~on M North Main distance O1 280 feet, more or ,~and 21, 1982 Legal Notice, . tess, to '` p~nt In the ceniedine ol Suttoft' Steel; lhunce running Nor- theasterly by said centerline 01 Sut- ~ ton StMa distance ol 150 feet, . ning Weateriy ~nd Nerthwestedy by i' COchichewtck BrOOk '` di01aflce -~ 220 feet, more or less, to '` p01nt un · , the Easterly tine of the B & iM Railro'`d; thence running Southwesterty by said Eastern line O1 the'9 & M Railroad a distance of 130 feet, more or less.-to the centerline o1 North Main Street. Parcel 3 Begifming at '` point on the Easter- · lylineolthe B& M Railrondaf~l the - conterline of North Main Street: thence running Northwester/ by ,said centerline O1 Nerth Main Street '` distance 01 105 fast. rome et'less, to a point on the WesterfT line of Ashland Street; thence running · Sonthw~tmly by said W~.sloru line lees, 1O the Southeest comer O1 lane owned N/F of 'i(n~lec. thence nme-' 110 1eof. Q~ote or mss, Dy ?am S~a I~nt on the Sonthe~/sidk 01 . Street, thence turning_and nmnlng Westedy by said Sotfmedy side. ot Fe~Ty Street ainng .Ferry Slmo] a distance O1 220 feet. m~re er less, to the Merrimack River; 1oertc~ ~[m- lng Southwesterly a distance of 496 feet. more or less~ along the Mer- rimack ~ to the WeSlerfl ~ linn 01 land N/F gl Mazarakis Family leSt; thence running 5outheaste~ by said land O1 Mazerakls Family Trust a distance of 34.6 feet, more or less, to e p~nt. in the cemerline el Sutton Street; thence running Nor- theesterly by said centefltne ol Sut- ton Street a distance O1 450 feet, - more er less, 1O a point; thence 1om- lng Northwesterly 95 feet, more or less, by land owned N/F Of San-Lan Realty Trust to a point on the Sasler- iy tine O1 the 8 & M Railroad; thence turning and running Nodheastedy i~lloe Easterly line of the B & M road -,nd land ot San.Lan Realty Trust 210 leer, mere.er lass, to 'a SISI~In the centmllne of North. Main '`nd the point of ,Bogionl .n~. Copies' O1 complete text a.~inble at offices 01 Tm Clark eno mann- lng Board. · By Order of the Norm Andever 'Planntng Board ..... ,Paul A. Hedstrom 'Chairman · Publish: N.A. Citizen: January 14 Le28 Legal Notice "TOWN OF . NORTH ANDOVER MASSACHUSETTS PLANNING BOARD at/':30 p.m. on T.~sday the NORTH ANDOVER PLANN- .. lNG BOARD will hold a public ~r~.g i~ant to the sions:ol G.L. ¢. 40A, Section 5, upon proposal ~the NORTH ANDOVER PLAI~N~NG BOARD to amend the Zoning By Law · -~ned by I~ town of. NoAh Legal Notice TOWN OF NORTH ANDOVER MASSACHUSETTS ' PLANNING ~ BOARD · . - &amJa~tT, 1981 Noti~ is hereby §~ell that at ?:30 p.m. on .Monday evening, .February :. 1, -t982, in the Town Office Meeting Rotan, the NORTH ANDOVER PLAN- - NING BOARD will hold a pub!lc hear- ~ iflg pursuant .to the provisions of · B.L.c. 40A, Section 5; upon pro- ?pus al of the NORTH ANDOVER, _PLANNING BOARD .Io amend 'the Zoning By Law and Zoning Map as Follo. ws.: ~ ~. Amend th~ Zoning By Law by . adding ~o Section .2, Feragraph '",2,65, Special permit Granting Authority, tho fbllow~f~g words ~. the phrase "Planned (:~welopronn! .~DIslri~": driveways, and latg8 estate condominium conversion. 3, ~and the Zon~nd By Law by adding the folisv~ng to Sec* Z.76 Pisnnnd ~velopmnt DlstrlGt - 1. Iqaflned Unit Devekip: me~t (PUD). A pisdfle~l unit developraeo1 shaft mean devetQp~nt O1 ~n area of land as a sinole entity, in which a mixture O1 reslden- and/or industrl~ uses, and a x variety ol buff(ling l~pas and designs, are delemltned to be suflicl(mtly a~lvanlaQ, eous to~ mndGT It ~pl)ropriste lo 9rants the florrflai reqtJtre~nents ol the district in which the POD is to be located, to the extent authorized by this Zonilxo By law, 2. Usable Open Spac~ '. The part Or parts O1 land or slroctures within a PUD which _ are reserved for ,aclive or passive recreatioA use. This space shaft exclude parking areas, drivewayS, and walkwayS and open a .r .r .r .r .r .r .r .r .r~S in cO~l,~'ctal areas sQCn Cales and shalt be e~en and ~,uflobstructed to, the sky. Trees'. plantiflOs, arbors. tences, flagpoles, sculpture, fountainS,' swimming pools. opan*aif recreational tacllfliss, laundry apparatus and similar objects sben not he..c~nslde~'d ob~ructim~e. - - - 1. Prepedies meeting the fotiow- .lng requiramenls shall be efigibte 1or conslderatim for a .condomimium conversiou sl~eclal,permit: Parcels with one or more exJsll.ng '¥butidings in a Residence 1, 2,.or3 DistTk:t of net less than 10 acres ;ind 3. Amend the Zoning By ~ by ~ling the follOwing 10 Section 8: 8.3 Large Estate Condominium The purpose of this subsactton is ~ permit existing buildings or large acts of &and in Ros~dence Districts-' ,2, and 3to be conveded te single m'dly condominium dwelling units ompatthle w~ such Residence istricls, to create new housing in- giving relatively little new COnotruc- on, to generate tax revenue to 1he own, to preserve existing ~ildings, to preserve the rasktoniJat ~ar'~ter of the Towe and ~n reserve.open space in tho Town.. rder to provide for devempmem wilh not less than 150 feet of frog- prior to January 1:1980 may be converled to-Condemimum dwelling Legal Notice Legal Notice Legal Notice , Legal Notice '. neighborhood. . . completed. The BOard may set time ~therewith. a~l By Laws. as they am (b) On open land aU ~'acllities and limits .for completion of pads of and to be irdttatly recorded, which final structures for accessory purposes the whets ol a condominium rplans. Mater Deed, plans and By ~s(JCh as swimming p~is tennis development, detnnhinothonrder of. ~Law~ shall all'he substantially, the COuds, garages, carports, parking construction, and set other condi-, isame, as those approved with the areas, lamp posts, smafl sheds for lions and limitations on the special ;special pm'mU ~n all respects '! tools or' sports equipment, fences, permit os are cpnalsten~t with t~-,mater?iai.to consideratsns rstevant tQ including the kind enclosing a tennis subsection. ~ ' - . ~he special permit, in which case 1he houses and other acceesort struc- of any e:osttng budding is cut. TI- Shall endmse copies ol such gnat turk's for accessory purposes) shall ~)le with the architecture of the ex- plans arid such Master Deed, plans be.subject to the appro~at of the isting ~lldtng. ' ' and By Laws' as having received un~. .- Pisnning Board as to their number. (c) That appropriate provision has 1trial review and approval under this 3. The total number of dwofllng"'~si~, locations, uses and sizes been made for tho.preservation and ~subsection.. which endorsement t~nits that .can be creatnd'under a shall be subject Wapprovat by the r~Storallon of significant architec- shalt be conclusive evidence i:oodomintom conversion specie'f' Planning Board, provided, however, Wral and landscaping features, par- thereof. Thereafter the Master Demi. permit shall not exceed (n-2) where. "n" is the number.of acres tn"the · parcel. ~ .; . · ' 4. ' Each condominium' dwstllng unit shall be an independent dwell- · lng unit intended for use bY a single family, with 'its 'own' bath and to~lat facilities and Its owe kllcbefl.'The ,average sqlpre footage of the in-. terior livhlg space of the units shall be not ~ than. l.200 square feet per ualt. -~ * h 5.'.ND ~ildlng (Includi~g bet ' buildings cohverted to condomihium dwelling units and other buildings -not conveded to condominium dwelling unitS) shall be 'externally enlarged~caP! with the approval of ' the Planning Board, and in no Mm isbell such ~niatgement add to any i:ooe building more floor area tbe~ a ~'number:ednal t*~S% of the abuve ~.:grade 11em* ~ran of such building, · tbe flaor'erse of porches and decks '*to be*Included.th .the cah:u&atinns~ lpurposas may be built onthe parcel. ~Now stmclures may be butt1 put- . suaot'to .~.,r'~g~ha a(b) and 12(e} bek~.' -- . * : 7. Tbere shall he at toast one ~ strest~automd~io parking space each eom~)minium dwelling unit. lt.-For the purposes of this that all such facflilios and stmc- ticularty thoas visible from a public, aM plan~ recorded tberew, ith, *and turns,: including roadways and 'wq: .. .... - _e~av? driveways shall not invel~e the use ' Id) That the purposes ~or wmcn Pmonmg uoam apprevm, of more than 20% of all of the open the.open space is to be used ts con- however, that an -amendmeM. to. If~/j lapd on the parcel. - *. sistent with the. condominium ?.pe~iat. ~rmitshal. I..l~.,reqmrea '. (¢) All new utilities,.including wit-development arid onaractor of the .* those man,m? specmea tn paragraph ing for lights on open spaces, paths nsighborheod. ~' · 13 hereof. Any amendment te the · and- driveways, shall be' placed (e) That the facllllios and strec- Master Deed. and plans reco,~}ed underground, ; .. 1tires permlftdd on. the open space therewith, and By Laws related toan 9. An application tora con- are necessary tor parktog and ac- arnendmont te the special permit domin'lom conversion special permit 'cess and egress or are for permitted shall be endorsed by the Chairman shall' include the feitowing: ' accessory purposes end that the.. of the Pfannlng Board as provided (a) Proposed Master Deed and number, design location, use aml heralnforsuchdooumentsasinitia!- proposed p~ans tn be recorded siZeofsuchfacIllliosandstrunturasJly, recorded- ' - ~ ''~: therewith, including floor plans, at are Consisterd with the condominium least one sievatlon for each buUding deveinPmant and charaofer of the.. being converted to dwelling units neighburhoed. and a site plan for the parcel locating (f) Tl,,at the provisions of the p~- at least each building, roagways, .posed Uasier Deed and By Laws wt~. and driveways, parking, recreation insure the,preservation and facilities, utilities and accessory maintenance or the. open space on tacitllios and structures, the parcel (b) Pmpesed Byfaws. (g) That tho roads within the (c) A sample propsnd Unit Deed. parcel are edequ~e tor the con- (d) A copy of an assessor's plan. ~omtntom development. showing the parodi and all land Ira- 13. After a oondomimtum conver- mediotaly ~acum tbemo. ,n* sm. spacm .purm.._.~.__~n cluding nearby buildings arid atmc-' granted, any crmnge*m me mc,~,m, lures. · .'* *'. ' 'o~ use of e butMing, anY an~ge- (e) .Such' other plans,, mafltl~labuilding, any material,ex°- Ph<~g~ohs~ rondels or elevations terior rastorati~ or rebuking of a ss the Planning Board shall - building following a natural disaster -reasonably deem necessary or aP- or casualty, any matedsi change in proprioto to help understand the the use of the opm1 space or in the proposal, factittlss or structures therann, shall subsactioo, "open space" shall mean all of the land on the parcel ex- copt that land occuptm:l by buildings to be converted to condomimtum dwelling units and existing buildings to be used 4or parking purposes.'To insure the.: presewatlon of open space the tollDWtng, requirements shall he met: .- (a) Open space may be used for th~ totiowing purposes: flower gardens, pardans, landscaping, re- quired parking, roadways and mt is oerngatioie with Residence driveways rsesonably necesas~ fQr istriofs 1, 2. and 3, which districts the devstopmeM, underoround 10. In case of a natural disaster or casnaity, the damaged 13utlding or buildings may be rebuilt or restored to its or their condtUon prior to the naturaJ disaster or casualty as near as pesslbis or practical. The Pionfl- lng Board. shah oversee such rebuilding or restoraiiOn under pa~'agraph 13 below. ' _ 11. No special permit pursuanl to this subsection shall ~e granted on- tit e public hearing has been held as provided in M.G.L.c. 40A. The Planning Board shell be the opaciat permit' granting authority to~ con- not be pertained except upon an amendment to the special pefTntl whiCh shall be upon petition to .the Planning Board and after a publiC bearing (with the provisions of paragraph 11 applyingl and upon a finding by the Planning Board that the proposed chonge or changes do nof subetantially derngate h'om intent and purpose of this subees- 14. A spacioi permit or emendL merit thereto granted under this subsoolloo shall lapse two yea~s · from the grant thereof unioss such constrection has commenced, or'ff e primarily tot single' lamtiy-- .uti~_kls, foomat?n ,.n~_,~,~.uld~.an,_y .dominium specJa, I papntis. ; - srdencos, the conversions to Tasllny o~ stnJcture, anu reno wn.m 12. The Planning Board ehall not oo.consirucaon is required, unless vedino units under this subsection its natural:siato. The open space grant a condominium,, conversion '. Ua.?r ADesdsoncha~al~.,,,anied '.ma be used for 6ther purpeses per* spuctal pern~1 unless n makes the.. z~. ~. ~ ~.etoCondominiumdwelllngunlts, 'f~e~ ntheResdeooeDtstrlctif follOwingflndings: ' ' . ..- ,hich can be separatsiy oweed, end r' ' t the review by me I'mnn ng uoam m re,md by the Planning Beard as (a} That the proposal pmsenled er 'e therofore a Type of .der .e~pme. nt app · . the final plans, and of the Mast consislent with the condominium far approval is financlally~practlcal ........ . ~. ,.,.,,Med mitarlAcharacfartoofharOevelap' devsinomani and character of the andwiitlnrassonablepropabiltlype Deed, ~lnd plans In'De ~; excess enc~s~ ~ a su~ wall or f~ ~ ~ ~ (4) f~t In ~ght to ~ d~e~n~ ~ t~' Buil~ In~ to p~t th~ I~ red,no ~ ~e ~1 ~ ~ t~' ~r~ ~n the ~ront ~il~ng fine ~ the ~ll- C~rk ~ ~nnlng ~. By O~r 01 the N~ ~' ~ '~ubll~h '-N~h Andover July 27, 1982 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under Articles 80, 81, 82, 83, 84, 85, 88, 89 and 93 of the warrant for the North Andover Annual Town Meeting that convened April 24, 1982, are hereby approved. July 27, 1982 Boston, Massachusetts The foregoing amendments to the zoning by-laws adopted under Articles 80, 81, 82, 83, 84, 85, 88, 89 and 93 of the warrant for the North Andover Annual Town Meeting that convened April 24, 1982, are hereby approved. July 27, 1982 Boston, Massachusetts · The within zoning maps pertianing to Articles 80, 89 and 93 of the warrant for the North Andover convened April 24, 1982, ~own Meeting that are~ TOWN OF NORTH ANDOVER DA.-Wm~ Lo.c, Town Cl~k ELECTION D~PARTM~',IT TOWN BUILDING NOR~ ANgO¥~, M~ss. 01845 May h, 1982 Honorable Francis X. Bellotti ~ttorney General of Massachusetts State House Boston, Mass. Dear Mr. Be!lotti: The following members of the North Andover Planning Board are all duly elected and have been sworn to said office. Paul A. Hedstrom, Chairman Michael P. Roberts, Vice-Chairman Walter R. McDonough, Clerk John J. Burke Erich W. Nitzsche North Andover Planning Board ATTEST: ~TRUE TOWN OF NORTH' ANDOYER MASSACHUSETTS April 23, 1982 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: The Planning Board makes the 1982 Annual Town Meeting: Article 80 - Favorable Article 81 -Favorable Article 82 - Favorable Article 83 - Favorable Article 84 - Favorable Article 85 - Favorable Article 86 - Favorable Article 87 Favorable following recommendations for the Article 88 - Favorable Article 89 - Favorable Article 90 - Withdrawn No Recommendation Article 91 - Unfavorable Article 92 - Favorable Article 93 - Favorable Article 94 - Favorable Sincerely, PLANNING BOARD Pa~ll A. Hedstrom, Chairman jw TOWN OF NORTH ANDOYER MASSACIIUSETTS May 4~ 198Z Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Dear Mr. Long: This shall serve as notification that legal notices were mailed on Articles 80, 81, B2, 83. 84, 85, 88, 89, and 93 and passed at the April 24, 1982 Annual Town Meeting. Sincerely, PLANNIN~ BOA,D Paul A. Hedstrom, Chairman jw ATTEST: A ~T~RUE cOPy: TOWN OF NORTH ANDOVER DANIIm Loire, Town Clerk ~-w~TION DEPARTMRN~ The Honorable Francis X. Bellotti Attorney General of Massachusetts One Ashburton Place Boston, Mass. 02108 TOWN BUr,.DING NoaTa A~ovEa, MASS. 01845 May b,., 1982 Dear Attorney General: At our Annual Town Meeting held in the Veterans Auditorium of our North Andover Middle School April 2~,26 and 27 1982 the following ArticleNappeared in the Warrant and was Voted upon and are hereby submitted for your approval. ARTICLE l~. ARTICLE 14: To see if the Town will vote to amend its Genera] By-Laws by adding the following new section: Section 6.7 .Local Fees and Cha~es !. Automatic Amusement Device License (Chapter 140, Section 177A)...$100 per mac]~Jne 2. Seal/rig of Welshes & Measures Service (Chapter 98, Section 56) Scale w/capacity over 10,00o lbs. Scale w/capacity 5-10,000 lbs. $50.00 ea. Scale w/Capacity 1-5,000 lbs. $30.00 ea. Scale w/capacity 100-1,000 lbs. $20.00 ea. Scales/balances 10-100 lbs. $10.00 ea. Seales/balanees under 10 lbs. $5.00 ea. Liquid capacity measure of eap. of Ltquid measuring-meter dla./½ ,,.1 ,, ' Liquid measuring meter dia. over 1" Vehicle tan~ pump $16.00 ea. Vehicle tank gravity $20.00 ea. Bulk Storage ~0.00 ea. B,Ik Storage w/cert, prover $20.00 ea. Taximet~- . $8.00 ea. Device to determine Hnerar or area $5.00 ea. Milk bottle or jars $8.00 ea. Vehicle tanks used in sale ol~ commodities by l~quid measureper 100ga]. Seperate tanks-same vehicle (each) Ail weights & other me~ures $1.00 ea. Petition of the Selectmen Under the aforesaid Article it was VOTED UNANIMOUS to Adopt the Article. ARTICLE 79. TOWN OF NORTH ANDOVER D~ LoNo, Town Clerk sm.~CTION DEPARTM]~NT ARTICLE 79: To see if the Town will vole to amend the General By-Laws by deleting Chapter 3, Section 3.5 (B), (Wetlands Protection), and replacing it with the following: WETLANDS PROTECTION II--TOWN BY-LAW CHAP~TER 3, SECTION 3.$(B) 1. The purpose of this bylaw is to protect the floodplains and wetlands of the Town of North Andovet by controlling activities deemed to have significant effect upon wetland values, including but not limiled to the following: Public or private water supply, ground- waler, flood control, erosion control, storm damage, walet pollution, fisheries, wildlife, recreation, and esthetics. No person shall remove, fill, dredge, or alter and bank, fresh walet wetland, beach, marsh, meadow, bog, swamp, or lands bordering any creek, river, stream, pond or lake, or any land under said waters or any land subject to storm flowage; of flooding, other than in the course of maintaining, repairing, or replacing, bul not substantially changing or enlarging, an existing and lawfully Iocaled structure or facility us- ed in the service of the public and used to provide electric, gas, waler, Iclephone, telegraph and other lelecommunlcation services, without filing written notice of his intention so to remove, fill, dredge or alter and without receiving and complying with an order of condi- lions and provided all appeal perioffs have elapsed. Such notice shall be sent by certified mail lo thc North Andover Conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment. The same notice, plans and specifications required to be filed by an applicant under Massachusetts Genpral Laws, Chapter 131, Section 40, may be accepted as fulfilling the requirements of this bylaw. The said Commission, in its dicretion, may hear any oral prcsentalion under this bylaw at the same public hearing required lo be held under the provisions of said Chaplet 131, Section 40, of the Massachusetts General Laws. After due notice and pub]ic hearing, the Commission may promu]gat¢ rules and regulations to effectuate the purposes of this bylaw. Failure by Ibe Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw. 2. The term "person", as used h~is bylaw, shall include any individual, group of io- divlduals, association, partnership, ~otporafion, company, business organization, trust, estate, the Commonwealth or Political subdivision thereof, administrative agency, public or quasipublic corporation ut body, or any other legal entity or its legal representative, agents or assigns. 3. The commission shall make a determination as to whether or nm this bylaw applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof, within twenty-one (21) days of the receipl of a written request sent by certified mail from any person desiring such determination. 4. The Commission, its agents, officers and employees, may enler upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this bylaw and may make or cause to be made such examination or survey as deemed necessary. S.Thc Conservation Commission is empowered to deny permission for any removal, dredging, fdling, or altering of subject lands within thc town if, in its judgement, such denial is n~ssary to preserve environmental quality of either or both the subject lands and contigons lands. Due consideration shall be given to possible effects of the proposal on all values to be protected under this bylaw and to any demonstrated hardship on thc petitioner by reason of a denial, as brought forth at the public hearing. 6. The Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribut, e~o the protection and preservation of subject to the same constraints and may be identical to any such order issued by the North Andover Conserve-, lion Commission under the provisions of Massachusetts General Laws, Chapter 131. Sec- lion 40. 7. The notice required by the first paragraph of this bylaw shall not apply to emer- gency projects necessary for the protection of the health or 'safety of the citizens of North Andover and to be performed or ordered to be performed by a~ asmlr~strafive agency of the Commonwealth or by thc Town. Emergency projects shall mean any projects certified to be aa emergency by tho Commissioner of the Department of Environmental Quality Engineering and the Conservation Commission if this bylaw and Massachusetts General Laws, Chapter 132, Section 40, are both applicable, or by the Conservation Commission if only this bylaw is applicable. In no case shall any removal, filling, dredging or alteration authorized by such certification extend beyond the time necessary to abate the emergency. 8. Any person who violates any provision of this bylaw or of any condition or a permit issued pursuant to it shall be punished by a fine pursuant to Massachusetts General Laws, Chapter 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a seperate offense; if mote than one, each condition violated shall con- stltutc a scperatc offense. This bylaw may be enforced pursuant to Massachusetts General Laws Chapter 40, Section 21 D, by a Town police officer or other officer having police powerL May 14 1982 ~RTICLE ~9. TOWN OF NORTH ANDOVER DxNu~ LONe, Town Clerk ~ON DEP~NT (CONTINUED) TO t~'lg BUILDIi~G NORTH ANDOVER, M&SS. 01845 May ~4, 1982 9. The Commission may, as part of its Order of Conditions require, in addition to any security required by any other town or state board, Comwisslo~, agency or officer, that the performance and observance of the conditions imposed under this bylaw be secured by one, or both, of the methods described in the following clauses: a. By a proper bond or the deposit of money or negotiable securities sufficient in the opinion of the Conservation Commission to secure performance of the con- ditions and observance of the safeguards of such order of conditions. b. By a conservation restriction, easement, or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land.) I0. The applicant shall have the burden of proving by a preponderance of the credible evidence that the work pro[xmed by him in his notice of intention will not cause significant harm to the interest sought to be proterted by this bylaw. Failure lo provide to the Conser- vation Commission adequate evidence for it to determine that the proposed work do~s not cause significant harm to the interest sought to be protecied by this bylaw shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as il d~ms reasonable necessary or desirable to carry out the purposes of this bylaw or to postpone or continue the hearing to another date certain to enable the ap- p]icanl and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. 11. Any application submitted under this bylaw will not be considered complete until such time that a fee is submitted to the Conservation Commission of the Town of North Andover. Said f~e will be submitted pursuant to the following rules and fee schedule: Ru. les: a. Permit fe~s are payable at the time of application and are nonrcfundable. - b. Permit fees shall be c/~culated by this department per schedule below. c. Town, County, Stati or Federal projects are exempt from d. No tee is charged for Requests of Determination under the law or extensions of Order of Conditions. ·. Failure to comply with the law after official notification shall result in fees twlcc those normally assessed. Fees: a. Wetlands By-Law blearing -- $25.00 (i.e. dwelling, tennis court, swimming pool, bridge, etc.) b, Multiple dwelling units shall be charged $25.00 ~ dwelling unil. , c. Commetdal and industrial projects: $25.110 + $$.00 per $10,000.00 of established general construction cost over $100,000.00. 12. Any person who purchases, inberi~ or otherwise acquires real estate upon which work has been done ig violation of the provisions of this bylaw or in violation of any order issued under the bylaw shall forthwith comply with any such order or restore such [and to its condidoo prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such ~ction is commenced within three years following thc recording of the deed or the date of thc death by which such real ~state was acquired by such person. ] . . 13. The invalidity of any s~tion or provision of this bylaw shall not mvahdate any other section or provision thereO[, nor shall it invalidat~ any order of conditions which have previously become final. Petition of the North_ Andover .C°nser~'ati°n Commission, Under the aforesa.~d ~ticle it was VOTED UNANIMOUS to ADOT the Article with the following typographical correctionB. Paragraph 1. Line 5 Between alter - bahk Change the Word and to any " 1. Line 18 The Word dicretion should read discretion Paragraph 7. Line 3 The word asmim~st?atmve should read administrative All requirements Of the law have been Icomplied with. ATTEST: A TRUE 'COPY:~// ~ ~, d d ~0 ARTICLE ~. VOTEDUNANIMOUS TO ADOPT AS AMENEDED SAL. & WAGES EXPENSES TOTAL SELEC~ OUT 0F STATE T~AVEL y 100~' 100" T~ASU~R ~8,815 ~ 5,100w 53,915~; TAX COLLECTO~ ASSESS0~ ~5 510 6 ~00 ~2.788~ ~0~ CL~ 28 ~2 / g2~ ~ ~ 0~7 co s= . o,ooo9 o.ooo HODE~R 200 200 10 ADVISORY COMMITTEE 11 CAPITAL BUDOET COMMITTEE 12 PLANNING BOARD 13 BOARD 0F APPEALS PERSONNEL BOARD 15 COUNCIL OF AGING 16 CONSEVATION COMMISSION PROFESSIONAL SER¥ICES 17 N.A. HISTORICAL COMMISSION 18 TO~ HALL & GARAGE BUILDINGS 18A COMMUNITY CENTER 19 ANNOAL T0W~MEETING 20 POLICE DEPARTMENT 20A SCHOOL CROSSING O~ARDS 21 FIRE DEPARTMENT 2lA PO~EST F/RES &FOREST EXPENSES 22 DOG 0F~ICER 23 CIVIL 24 BUILDING, E~ECTRIC & GAS 25 SEALER OF W~IgHTS & MEASURES 26 BOARD OF HEALTH 27 GREATER LAWl~CE SANITARY DISTRICT PER SHA~ECAPITAL PER SHA~.OPRRATION 28 ~ OABAGE DXSPOSAL CONTRACT 1,680 ~ 27,7~2 3,115 3,280 12,600 3,5eo 6,870 / 766,500 25,121~ ~ 008,728 .' 8,655'J 5,600 2,570 ~ 3,700 ~3,21~," 6,171 ~2.775-~' 19,000 ~20 ,~ 200 ~ 1,880~ 10o w lOO.~ 3,~oo ~ 350 ~ 3,~65 3,310 ~ 6,7~0 12,190 ~ 1,1~5 ~ 2,6~5~ 2,500/ 2,500/ 200 ~ ~00 26,000 ~,~oo-,,-- k, 5oo 7,500 ~ ?,5oo 83,000/ . 829,500 1,900 ~ 27,02~ k?.6oo ~ ~,o56,3~8.,' o 6,270 21.775~ 38. 863" 38,863 '" ~0,688 -' ~0.68~" ~o ,~' 3 ~o,,' 3,5o0'" 29 30 BOARD OF PU~ZO 1~li~.a 1,800 ,, 1,800 ~' 31 S~ ~l~. ~ 38,~00 ~ 9~,706 ~ CO~ST~CTI0~ ~02. ~57,818 ~ ~,~39 ~ ~2,309 76:8 36 ~, ~63 ~ 7, ~' 32,809 ~' 37 Z07,ooo 38 .~5~, 61o ~ 8o, ooo ~ PARKS & ~6'H~OL GROUND~ ZN~OT P~ST CONTROL 8T~ LZ~TING 8T~T O~'L ~ZN~CE SNOW ~0~ ~SE DISFOS~ VE~ ' S ~8 ~IST~TION N.A. ~OOL DEPART LESS. ~~ ~DE~ 39 ~o ~3 ~ REGIONAL VOCATIONAL SCHOOL L~5 STEVENS MEMORIAL LIBRARY 26 PLAYGROUNDS & BATHING BEACHES '27 RECREATION COUNCIL ~8 GROUP INSU~LNCE ~9 ESSEX COUNTY RETIREMENT ~0 RENTAL OF VE~ERA~ ' 8 HEAD~UA~P~ 51 PATRIOTIC & CIVIC CELEBRATIONS 52 FOURTH OF J~H,Y 53 INSURANCE- GENERAL INDUSTRIAL COMMISSION 55 SPECIAL LEGAL SERVICE. FIRE ENGINE 57 HIGHWAY DEPARTMENT 58 SCHOOL BOlrDS WATER MAIN )NOTES & BOND8 60 SEWER NOTES & BONDS 3O0 w 663,000 139,712 26,322 20,000 66,861 ~5, ooo.' 12,500~ -750 107,000 ~' 331;6ao~' 66,861~' 199,~d~3~&~.~ 12,500 ~ 1,050." 1,388,000 ~ ~;%,961,000 27,500 ~ 9,807 ~ 56,129 9,020 w ~15, 000 535,578 535,578 1,200 ~ 1,200 83~ ~ 835 7,500 ~ 7.500 160,79~ ~ 160,792~ 100 ~ 100 10,000 ~ 10,000 5.00o ,,' 5,000 15,000 ~ 15.00o ~75, ooo ~ k75, ooo~ 70,000~' 70,000 175,000 ~ 175,000 61 FIRE STATION 10,000 w 10,000 62 PI~E ENGINE 390 ~ 390 63 HIGHWAY E~UIPMENT 319 w ~19 6~ SCHOOL BOND~ 170,811~' 170,~11 65 WATER MAIN SYSTEM N0~8 a ~ ~,930- .~, 930 66 S~R ~0~S a ~N~ 68,160 ~ 6~~ 160 ~XSS~~BE 0 6~ SHO~ ~R~NG 7~,O00 w 75,000 TOTAL $8,789,996 $i3,786,65~. ANNUAL 11. VO~ED to raise and appropriate the sum of $312 for the position Parking and Civil Service Clerk. 21. VOTED to raise and appropriate the sum of $10,000 for the purpose of for para, consultingservices including independent survey of the salaries and classifi4 of ail Administrative Employee Library Personnel and Elected Officials. 23. VOTED to raise and appropriate the sum of $~0,'582 for the purpose 'of amending Schedule B included in Section 7 of its Personnel By-Law by increasing all of the salery rates listed therein, excluding however the compensation of those. Town Employees whose renumeration is to be establish by the collective bargaining process. ~o VOTED to raise and appropriate the sum of $3,2~7 for ~ersonnel By-Law increase (Part time clerical help) ~A'&~ VOTED to raise and appropriate the sum of $2,812 for Personnel By-Law increase. (Part time library help) 26. VOTED to raise and appropriate the sum of $5,130 for Personnel By-Law increase. (Neseve Patrolmen, School Crossing Guards, SuPervisor,Asst. Supervisor(Bathing Beach), Lifeguard-Bathhouse Attendent,and Mini Bus Operator for the Elderly) ~&q~ 29. VOTED to raise and appropriate the sum of $500 for Personnel By-Law increase. ( Gas Inspector) 3~. VOTED to raise and appropriate the sum of $187,317 for the purpose of implementing collective bargaining agreements with Town contractual employees.~ 35. VOTED to raise and appropriate the s~m of $~,000. for the Personnel By-Law by adding the position of Building Maintenance Craftsmen. 37. VOTED to raise and appropriate the sum of $20,000 for the purpose of improvements of the electrical system in the Town Officer Building. 38. VOTED to raise and appropriate the sum of $5.000 for the purpose of of purchasing office equipment and furniture for the Town Office Building, 39. VOTED to raise and appropriatr the sum. of $36.000 for the purpose of purchasing four(~) new police cars. ~0. VOTED to raise and appropriate the sum of $28,00Ofor the purpose of hiring two (2) new policemen. ~2. VOTED to raise and appropriate the sum of $1.700 for the purpose of purchasing a vehicle for the Dog Officer. ~3, VOTED to raise and appropriate the sum of $7,200 for the purpose o~ purchasing 3,000 ft. of 3 inch hose for Fire Dept. VOTED to raise and appropriate the sum of $11,~00 for the purpose of Peplacing 1~ Self Contained Breathing Apparatus for the Fire Dept. ~0. VOTED to raise and appropriate the sum of $15,000 for the purpose of purchasing furnishings for the new senior center. 51. VOTED to raise and appropriate the sum of $195,000 for the purpose of installing new roof at the North Andover Middle ~chool. 53. VOTED to raise and apprpriate the sum of $16,000 for the p~rpose of purchasing a new dump truck for the Tree Warden Dept. 56. VOTED to raise and appropriate the sum of $30,000 for the purpose of const~uting test wells for the development of additional water supplies.' 57. VOTED to raise and appropriate the sum of $16.000 for the purpose of replacing automatic pump control system at both pumping stations. 61. VOTED to raise and appropriate the sum of $7 O00 for the purpose of pavin~ entry way from Nain Bt. to Middle School. 62. ~ to Paise and al~J~opriate tb~ sum of $11,OO0 fop tbs ~ ~ purchasing dump~t~uc~ for the Boa~d of Public Works. RTICLE 66. VOTED to raise and appropriate the sum of $16,~98 for the purpose of Matching State Funds under Chapter #732. ~TIt~E 67. VOTED to raise and appropriate the sum of $85,723 for the purpose of matching State Flmds under Chapter #351. RTICLE 68. VOTED to raise and appropriate the sum of $51,208 for the purpose of matching State Funds under Chapter #732. RTICLE 69. VOTED to rasie and appropriate the sum of $72,000 for the~purpoae of reaurfacing, oiling repairing and maintaining streets in Town.. RTICLE 70. VOTED to raise and appropriate the sum of $81,~00 for the purpose of purchasing new chassis for sand spreader, a new sand spreder and a dump truck for the Highway Dept. ARTICLE 72. ARTICLE 73. ARTICLE 7L. iARTICLE 75. A~TICLE 76. A~TICLE 77. A~TICLE 78. A~TICLE 96. ARTICLE 97. A~TICLE 98. A~TICLE 9 ARTICLE 55. ~ARTICLE 71. VOTED to raise and appropriate the installing drainage throughout the VOTED to raise and appropriate the installing and repairing sidewalks sum of $10,000 for the purpose of Town. sum of ~2,~00 for the purpose of in the Town. VOTED to raise and appropriate the sum of $1,000 for the purpose of making and replacing street signs in the Town. VOTED to raise and appropriate the sum of $2,000 for the purpose of erecting and replacing guard rails in the Town. VOTED to raise and appropriate the sum of $1,000 for the purpose of replacing catch basin.frames and gates in the Town. VOTED to raise and appropriate the sum of $1.000 for the purpose of replacing and erecting new regulatory signs in the Town. VOTED to raise and appropriate the sum of $18.000 for the purpose of having grader re-conditioned for the Highway Dept. VOTED to appropriate the sum of $350,000 from Revenue Sharing Funds for the purpose of reducing the amount of funds raise for the following budgets. 1. Fire Dept Salaries ............. $185,000 2. Police Dept Salaries ........... $165,000 VOTED to raise and appropriate the sum of $139,000 to the Reserve Fund as provided by Section 6 of Chapter LO of the Oene~al Laws. VOTED to take the sum of $L50,000 from available funds for the reducing the tax rate. VOTED to appropriate the sum of $10,06~ for the use of the Stevens L~brary which the Town has received from the State under provisions of. Chapter 78, Section 19A of the General Laws. Honey voted to be raised and appropriated ................... $1,135,529 Honey voted to be bonded ...................................... $1~0,000 Honey voted from Revenu Sharing Funds ......................... $350,000 Honey voted from Available Funds .............................. $139,000 VOTED to appropriate the sum of $1hO,000 for the purpose of replaeing water main on Salem St. and that to raise this approp~iation the Treasure, with the approval of the Selectmen. is authorized to boProw $1LO,O00 under O.L. IL, Section 8 (5). VOTED to transfer the sum of 0IL. 1~5.69 from Article 29 1972 Annual Town Meeting for the purpose of constructing shelter at the Sharpners Pond Road disposal site.