Loading...
HomeMy WebLinkAbout1982 WARRANTTOWN OF NORTH ANDOVER Articles of the Warrant FOR TIlE ANNUAL TOWN MEETING SATURDAY, APRIL 24, 1982 at 1:30 P.M. Veterans Memorial Auditorium North Andover Middle Schonl Recommendations of the Advisory Committee are reported in this booklet. Please bring this Booklet to the Town Meeting This booklet contains the warrant for the Annual Town Meeting to be held in the Veterans Auditorium of North Andover Middle School on Saturday, April 24, 1982 at 1:30 p.m. It also contains the recommendations of your Advisory Committee. At the Annual Town Meeting, decisions will bc made on how much money and for what purposes Town Officers, Boards and Committees will have to spend; on proposed changes to the Town's Zoning and other by-laws; and on other proposed matters relative to how the town should be governed. If you are a registered voter in the Town of North Andover, your vote will be counted at this meeting to amend, adopt or reject articles contained in the Town Warrant. REPORT OF THE ADVISORY COMMITTEE TOWN MEETING, APRIL 24, 1982 TO THE VOTERS OF THE TOWN OF NORTH ANDOVER.' For the fourth consecutive year, legislative mandates have placed re- strictions and limitations not only on the individual budgets of our town depart- ments, but also on the ability of our town to initiate capital improvements. However, the Town of North Andover, in spite of Proposition 2%, is in an envious position when we compare our woes and pains to the dilemmas facing other communities in the Commonwealth. The Advisory Board, as we did last year, examined every town budget microp- scopically. The expense budgets of all departments are at the barest minimum in the Advisory Board's estimations, and several departments have not increased the expense portion of their budget over last year's. After numerous meetings with department heads and concerned citizens, your Advisory Board has made recommendations concerning their budgets, department articles, and articles sponsored by our citizens. However, for the third con- secutive year, the Town of North Andover has not planned for capital improvements that require bonding. At some time in the future, the Town must face this problem in evaluating and implementing a capital budget program as proposed by the Capital Budget Committee. The Town is still growing and thriving under the limitations imposed upon it by Proposition 2%. This could not be achieved and accomplished without the undi- vided attention, cooperation and understanding of all of our elected officials and boards, department heads, committees, and all staff and support personnel to which we, the Advisory Board, extend our warmest thanks and appreciation. Without their assistance, our task would have been insurmountable. In closing, it is extremely important that voters participate at the annual Town Meeting, and we urge you to attend and to express your views on the issues to be discussed. We also hope that you will adopt the recommendations of our Board. Respectfully submitted, NORTH ANDOVER ADVISORY BOARD Michael T. Stella, Jr., Esq. Chairman Carol G. Good, Secretary Peter R. Coughlan Mark O. Henry Francia Lindon Grace Lindfors Lynette E. Pisani David E. Warwick, Vice-Chairman Gustave A. Welgel (chairman 1980-1981) Reserve Fund Transfer-July 1, 1981 to April 1, 1982 APPROPRIATED AT TOWN MEETING, APRIL 25, 1981 $125,000.00 TRANSFERS: Police Department, Salary Account Community Center, Expense Account Historical Commission, Expense Account Planning Board, Salary Account Personnel Board, Expense Account Selectmen, Salary & Expenses Accounts Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Community Center, Expense Account Special Legal Special Legal Public Works (Water, Maintenance & Construction) Expense Account Special Legal Personnel Board, Expense Account Fire Department, Expense Account Annual Town Meeting Special Legal Total Transferred to April 1, 1982 Balance in I{eserve Fund, April 1, 1982 $ 6,745.00 3,400.00 300.00 1,132.00 1,750.00 1,000.00 20,000.00 15,000.00 15,000.00 15,000.00 5,000.00 1,600.00 600.00 1,080.00 5,000.00 150.00 1,620.00 5,000.00 1,722.33 2,500.00 $103,599.33 $103,599.33 $ 21,400.67 Article 4. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen It is recommended that the Town vote to fix the following salaries of the elected officers of the Town effective from July 1, 1982. Board of Selectmen Licensing Commission each per annum Chairman of the Board of Selectmen Board of Assesssors each per annum Chairman of the Board of Assessors The present Chairman of the Board of Assessors provided that he devotes- all of his working hours to the performance of his duties as Assessor Board of Health each per annum Board of Public Works each per annum Town Treasurer Highway Surveyor Moderator For Regular Town Meeting For Each SPecial Town Meeting Town Clerk 2,000 300 3.000 1,000 14,167 600 600 26,744 24,953 100 50 17,090 Article 5. To see what action the Town will take as to the budget recommendations of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS Item No. GENERAL GOVERNMENT Budget 81-82 1982 - 1983 Department Requests 82-83 1. Selectmen Salaries & Wages 52,012 Expenses 8,500 Out of State Travel 100 2. Treasurer Salaries & Wages 46,824 Expenses 5,000 3. Tax Collector Salaries & Wages 24,081 Expenses 18,750 4. Assessors Salaries & Wages 45,821 Expenses 12,000 5. Accountant Salaries & Wages 46,626 Expenses 5,750 6. Town Clerk Salaries & Wages 26,866 Expenses 900 7. Election & Registrars Salaries & Wages 1,860 Expenses 13,225 * 8. Town Counsel Annual Retainer 9,000 Expenses -0- 9. Moderator 200 55,274 10,100 100 49,795 5,100 24,131 20,350 48,510 13,280 46,688 6,100 28,448 925 1,860 20,795 14,000 1,200 2OO Advisory Committee Recommends 82-83 55,274 9,500 100 48,815 5,100 24,131 20,350 48,510 12,380 46,688 6,100 28,132 925 1,860 20,795 10,000 200 Item No. 10. Advisory Committee Salaries & Wages Expenses 11. Capital Budget Committee Expenses 12. Planning Board Salaries & Wages Expenses 13. Board of Appeals Salaries & Wages Expenses 14. Personnel Board Salar/es & Wages Expenses 15. Council on Aging Salaries & Wages Expenses 16. Conservation Commission Salaries & Wages Expenses Professional Services 17. North Andover Historical Commission 18. Town Hall & Garage Buildings Salaries & Wages Expenses 18A. Community Center 19. Annual Town Meeting Expenses TOTAL: GENERAL GOVERNMENT STAFF AGENCIES Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 1,657 200 1,680 200 1,680 200 100 100 100 26,830 3,100 27,742 3,400 27,742 3,400 3,058 330 3,115 350 3,115 350 3,728 2,475 10,971 22,750 10,971 21,500 12,000 11,340 12,600 12,190 12,600 12,190 3,180 1,100 2,000 3,500 1,225 3,000 3,500 1,125 2,500 100 400 400 6,870 24,500 4,000 6,870 32,500 5,000 6,870 26,000 4,500 6,150 7,950 7,500 430,233 502,399 485,103 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 PUBLIC SAFETY 20. Police Department Salaries & Wages Expenses 20A. School Crossing Guards Salaries & Wages Expenses 21. Fire Department Salaries & Wages Expenses 21A Forest Fires & Forest Expenses 22. Dog Officer Salaries & Wages Expenses 23 Civil Defense Salaries & Wages Expenses 24. Building, Electric & Gas Salaries & Wages Expenses 25. Sealer of Weights & Measures Salaries Expenses TOTAL: PUBLIC SAFETY PUBLIC HEALTH & SANITATION 26. Board of Health Salaries & Wages Expenses 27. Greater Lawrence Sanitary District Per Share Capital Per Share Operation 29. Garbage Disposal Contract TOTAL: PUBLIC HEALTH & SANITATION PUBLIC WORKS 30. Board of Public Works Salaries 767,967 80,000 787,457 86,500 745,980 83,006 27,329 1,700 25,124 1,900 25,124 1,900 957,700 39,850 -0- 1,044,009 53,800 -0- 1,008,748 44,606 -0- 8,014 5,600 9,025 6,108 8,655 5,600 2,570 3,700 2,570 5,380 2,570 3,700 47,206 6,171 53,586 6,171 53,211 6,171 2,050 400 2,150 450 2,050 400 1,950,257 2,084,230 1,991,709 22,431 15,344 23,075 20,010 22,775 19,000 40,085 224,890 23,556 38,863 240,688 24,056 38,863 240,688 3,500 326,306 346,692 324,826 1,800 1,800 1,800 Item No. Budget 81-82 Department Requests 82- 83 Advisory Committee Recommends 82-83 31. Sewer Maintenance & Construction Salaries & Wages Expenses 32. Water Maintenance & Construction Salaries & Wages Expenses 33. Parks & School Grounds Salaries & Wages Expenses 34. Tree Department Salaries & Wages Expenses 35. Dutch Elm Disease Labor & Wages Expenses 36. Insect Pest Control Salaries & Wages Expenses 37. Street Lighting Expenses 38. Street Gen'l Maintenance Salaries & Wages Expenses 39. Snow Removal Expenses 40. Refuse Disposal Salaries & Wages Expenses TOTAL: PUBLIC WORKS WELFARE 41. Veteran's Benefits Expenses 42. Graves Registration Salaries Expenses TOTAL: WELFARE 56,306 36,485 56,306 41,960 56,306 38,400 212,818 210,000 200,996 259,050 200,996 235,000 51,139 12,300 59,146 14,145 49,122 13,530 64,007 11,254 65,503 12,942 64,239 12,309 10,484 2,400 10,484 2,760 10,484 2,400 25,163 6,195 25,163 7,646 25,163 7,646 107,000 112,000 107,000 222,832 70,000 266,082 100,000 251,620 80,000 66,861 115,000 66,861 155,400 41,000 154,443 50,000 154,443 45,000 1,363,444 1,555,426 1,422,319 15,000 15,000 12,500 200 600 300 1,200 300 750 15,800 16,500 13,550 8 Item No. SCHOOLS 43. N. A. School Department Salaries & Wages Less: Applied Funds Appropriation for Salaries Expenses 44. Total Appropriation'for Salaries & Wages Regional Vocational Sehool Allocation of Costs to N .A. TOTAL: LIBRARY 45. SCHOOLS Stevens Memorial Library Salaries & Wages Expenses TOTAL: LIBRARY RECREATION 46. Playgrounds & Bathing Beaches Salaries & Wages Expenses 47. Recreation Council Salaries & Wages Expenses TOTAL: RECREATION EMPLOYEE BENEFITS 48. Group Insurance 49. Essex County Retirement TOTAL: EMPLOYEE BENEFITS UNCLASSIFIED 50. Rental of Veteran's Headquarters 51. Patriotic & Civic Celebrations 52. Fourth of July Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 5,160,000 75,000 5,742,917 5,519,213 100,000 5,,085,000 1,380,787 1,506,976 5,419,213 1,380,787 6,465,787 6,800,000 75,410 144,879 131,200 6,541,197 6,971,200 135,605 41,000 139,712 49,550 139,712 47,500 176,605 189,262 187,212 46,322 8,915 19,420 9,040 83,697 338,759 550,147 888,906 1,200 915 7,500 52,970 10,250 21,360 9,040 93,620 380,000 535,578 915,578 1,200 835 7,500 44,963 9,807 20,000 9,040 83~810 380~000 535,578 915,578 1j200 835 7,500 Item ~No. Budget 81-82 Department Requests 82-83 Advisory Committee, Recommends 82-83 53. Insurance - General 135,000 54. Industrial Commission Expenses 100 55. Special Legal Services 5,000 TOTAL: UNCLASSIFIED 149,715 DEBT REDEMPTION 56. Fire Engine 5,000 57. Highway DePartment 15,000 58. School Bonds 475,000 59. Water Main Notes & Bonds 131,000 60. Sewer Notes & Bonds 130,000 61. Fire Station 10,000 TOTAL DEBT REDEMPTION 766,000 INTEREST ON DEBTS 62. 63. 64. 65. 66. 67. 68. 69. TOTAL: Fire Engine 650 Highway Equipment 957 School Bonds 193,876 Water Main System Notes & Bonds 10,123 Sewer Notes & Bonds 73,551 Fire Station 2,135 Bond Issue Expense -0- Short Term Borrowing 85,000 INTEREST ON DEBTS 160,792 100 10,000 180,427 5,000 15,000 475,000 70,000 175,000 10,000 750,000 ' 390 319 170,811 4,930 68,160 1,525 -0- 100,000 366,292 346,135 140,000 100 10,000 159,635 5,000 15,000 475,000 70,000 175,000 10,000 750,000 390 319 170,811 4,930 68,160 1,525 -0- 75,000 321,135 * Minority Report to be given at Town Meeting lO SUMMARY Bud get 81-82 Department Requests ' 82-83 Advisory Committee Recommends 82-83 General Government Public Safety Public Health & Sanitation Public Works Welfare Schools Library Recreation Employee Benefits Unclassified Deb t Redemption Interest on Debts TOTAL 433,133 1,950,257 326,726 1,363,444 15,800 6,541,197 176,605 83,697 888,906 149,715 766,000 366,292 476,378 2,084,230 347,112 1,555,426 16,500 7,249,393 189,212 85,613 915,578 180,427 750,000 321,135 460,640 1,991,709 325,246 1,422,319 13,550 6,971,200 187,212 83,810 915,578 159,635 750,000 321,135 13,061,772 14,17'1,004 13,602,034 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS NORTH ANDOVER 1982 ESSEX SS: To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in complaince with Chapter 39 of the General Laws, and as recently amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town By-Laws, Chapter 2, Section 2.4, you are hereby directed to notify and warn the inhabitants of the town of North Andover who are qualified to vote in Town Affairs to meet in the Veterans Auditorium of our North Andover Middle School on Saturday, April 24, 1982, at 1:30 P.M., then and there to act upon the following Articles: ARTICLE 1: The election of Town Off'l~ers appearing on the ballot have already Been acted upon at the Annual Town Election on March 1, 1982. Petition of the Selectmen ARTICLE 2: To elect ail Town Officers not required by law to be eleeted by ballot. Petition of the Selectmen ARTICLE 3: To see if the Town will vote to accept the report of receipts and expen- ditures as presented by the Selectmen Petition of the Selectmen ARTICLE 4: To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 5: To see what action the Town will take a~ to the budget recommenda- tions of the Advisory Committee. Petition of the Selectmen ARTICLE 6: To see if the Town will vote to authorize the Treasurer, with the al> proval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, all as provided by Chapter 44 of the General Laws, Petition of the Selectmen ARTICLE 7: To consider the reports of all Spec'iai Commiiles. Petition of the Selectmen ARTICLE 8: To see ff the Town will vote to authorize the Board of Health to appoint one of its members to the position of Board of Health Physidan, as provided by Section 4A of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 9: To see if the Town will vote to appropriate for the use of the Stevens Memorial Library the sum of $10,064, which the Town has recieved from the State under provisions of Chapter 78, Section 19A of the General Laws. Petition. of the Trustees of Stevens Memorial Library ARTICLE 10: To see if the Town will vote to accept the provisions of chapter 90, Sec- tion 20A V3 of the General Laws relative to motor vehicle parkin~ violations. (Provisions continuing authorization to the Police Dept. and the Selectmen to establish a schedule of fines, appoint a Parking Clerk, and set up a program of collection of fines.) Petition of the Selectmen Favorable action ia ncomm~nd~d o. thi. arlicl~, 12 ARTICLE 11: To see of the Town will vote to amend the Personnel By-Law, Schedule A, by adding the following position: Parking and Civil Service Clerk at a compensation grade of S-6 and further that the sum of $312.00 be raised and appropriated for the purpose of the article. Petition of the Selectmen ARTICLE 12: To see if the Town will vote to accept the provisions of Chapter 138, Section 12B of the General Laws. (Prohibits nude or other obscene entertainment at premises licensed to sell alcoholic beverages.) Petition of the Selectmen ARTICLE 13: To see if the town will vote to accept the provisions of Mass. General Laws, Chapter 59, Section 5, Clause 17C as revised by Chapter 743 of the Acts of 1981. Petition of Assessors ARTICLE 14: To see if the Town will vote to amend its General By-Laws by adding the fo[lowing new section: Section 6.7 Local Fees and Charges 1. Automatic Amuse~nent Device License (Chapter 140, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56) Scale w/capacity over 10,000 lbs. $50.00 ea. Scale w/capacity $-10,000 lbs. $30.00 ea. Scale w/capacity 1-5,000 lbs. $20.00 ea. Scale w/capacity 100-1,00{] lbs. $10.00 ea. Seuies/baiances 10-100 lbs. $6.00 ea. Seales/baiances under 10 lbs. $5.00 es, Liquid capacity measure of cap. of more than I gal. & memnces on pumps $2.00 on. Liquid men~uring meter dia./½ "- 1' $5.~0 ea. Liquid measuring meter dia. over 1" Vehicle tank pump $16.00 ca. Vehicle tank gravity $20.00 ea. Bulk Storage $40.00 ea. Bulk Storage w/cert, prover $20.00 ea. Taximeter $8.00 ea. Device to determine linerar or area $5.00 ea. Milk bottle or jars $8.00 es. Vehicle tanks used in sale of commodities by liquid measure per 100 gal. $$.00 ea. Separate ~anks-same vehicle (each) $5.00 ea. All weights & other measures $1.00 ea. Petition of the Selectmen ARTICLE 15: to see if the Town will vote to authorize the Salesmen re establish and set charges for ambulance service for non-residents only, said charges to be no greater than the cost of providing the service. Petition of the Selectmen ARTICLE 16: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, eminent doamain, or otherwise, a parcel of land located bctwcen River- view Street and the Merrimack River, in particular hounded and described as follows: Beginning at a point on the westerly side of Riverview Street at the northwesterly point of the premises to be granted herein: thence westerly 20 feet ± to the Cochichewick Brook, so-called, thence following the center of said Brook to the Merrimack River to the Sutton's Mill raceway: thence up said raceway to a point southwesterly to a corner of the granted premises; thence turning and running southwesterly 48.5 feet + to said brook: thence continuing northeasterly 110 feet ± to said point of beginning. Meaning and intending to convey a portion of Lot 4 and all of Lot 5 as shown on the plan of taking number 6248 by the Greater Lawrence Sanitary District in 1970. Acquisition is for the purpose of installation of a boat ramp for access to the Merrimack River. Funds are available from the HUD-Community Development Block Gram. Petition of the Selectmen Recommendation to be made at Town Meeting. Favorable action is recommended on this article. No recommendation. Favorable action is recommended on this article. Favorable action is recommended on this article. Favorabis action is recommended on this article. 13 ARTICLE 17: To see if the Town will vote to acquire, by gift or grant, an easement on Steven's Road (owned by Kenics Corp.) and on property adjoining Steven's Road (owned by Dr. Lentini), for use as a public right of way to be used for all purposes for which a public way is commonly used such as streets, drainage, utilities and other. Petition of the Selectmen ARTICLE 18: To see if the Town will vote to amend its Personnel By-Law by deleting in its entirety the present By-Law, and inserting in place therefor the following: (The actual text is not reproduced here because of the costs. The text is, however, included in warrants posted throughout the Town and copies are available at the Town Clerk's Office and Library. A summary of the changes is included below.) SUMMARY The proposed revision of the Personnel By-Law establishes a personnel management system to recruit, select, develop, and maintain a workforce based on merit and fitness. No char~ges are made to the salaries and benefits of the employees and the provisions of Civil Service law and collective bargaining agreements will continue to supercede the By-Law. Some of the major provisions of the By-Law include the following: 1. Establishes a Personnel Board responsible for the overall administration of the Personnel By-Law and whose membership is as follows: 3 - Citizens (Two appointed by the Moderator and one by the Selectmen) I - Selectmen I - Advisory Committee Member I - Employee Representative (non-voting member) 2. Provides for a Personnel Director appointed by the Personnel Board to assist the Board in the performance of their day-to-day administrative responsibilities. 3. Requires written performance evaluations for all employee~, which shall serve as the basis for merit raises and promotions. 4. Establishes a procedure to ensure that any employee appointed to a position under the By-Law meets at least the minimum qualifications. The Personnel Board will review the applications for a position and certify to the appointing authority the candidates who meet the minimum qualifications. In some cases the Board may administer written, oral, or practical exams or use some other measures to determine the most competent individuals. This would be parti- cnlarly true for higher level positions where the Board may want to certify only the top candidates, in which case it must certify at least the top four. Establishes a grievance and appeah procedure for employees. This protects an employee who is being disciplined or removed for reasons other than job perfor- mance. The Personnel Board will act as an independent arbiter. Petition of the Personnel Board ARTICLE 19: To see if the town will vote to raise and appropriate the sum of $ to be expanded unde~ the direction of the Personnel Board for the salaries and ex- panses of a new central Personnel Office. Petition of the Personnel Board Article 20: To see if the Town will vote to approve the removal of the office of Chief of Police from the provisions of Chapter 31 of the General Laws, (Civil Service Law) upon the completion of service of the present permanent incumbent, if any, and authorize the Selectmen to submit a home rule petition to the Legislature to accomplish the purpose of this article. Petition of the Selectmen ARTICLE 21: To see if the Town will vote to raise and appropriate the sum of $10,000, to be expended under the direction of the Personnel Board for personnel con- suiting services including independent survey of thc salaries and classifications of all Administrative Employee Library Personnel and Elected Officials. Petition of the Personnel Board ARTICLE 22: To see if the Town will vote to amend Schedule B and Section 8 of the Personnel By-Law by adding three additional steps to each compensation grade by the same percentages as the preceding steps and raise and appropriate the sum of $ for the . purpose of this article. Petition of Jean W. Fogarty and others. 14 Favorable action ia recommended on this article. Favorable action I$ ranommended on this article. Unfavorable action ia recommended on this astt- cie. Re~ommandMion to be rnad~ m Town Meeting. RecommemJatlon to be made at Town Meeting. Recommendation to be made at Town Meeting. ARTICLE 23: To see if the town will vote to raise and appropriate the sum of $ for the purpose of mending Schedule B included in Section ? of its Personnel By-Law by increasing ail of the salary rates listed therein by % excluding, however, the compensation of those town Empinye~ whose renumeration is to be established by the collective bargaining process. Petition of the Personnel Board ARTICLE 24: To sec if the town will vote to raise and appropriate the sum of $. for the purpose of amending Section g of its Personnel By-Law (part-time positions classified in clerical group by increasing the salary therein by %. Petition of the Personnel Board ARTICLE 25: To sec if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Section 9 of its Personnel By-Law (Part-time positicms classified in Library Group by increasing the salary rates listed therein by %. Petition of the Personnel Board ARTICLE 26: 'Fo see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increasing the compensation listed herein by % for the positions of Reserve Patrolmen, School Crossing Guards, Assistant Supervisor (Bathing Beach}, Supervisor (Bathing Beach), lifeguard-Bathhouse Attendant and Mini- Bus Operator for the Elderly. Petition of the Personnel Board ARTICLE 27 to see if the Town will vote to amend the Personnel By-Law Schedule E (Miscellaneous Compensation Schedule) by adding the position of Mini-Bus Operator for the Elderly at a yearly compensation of $6,000. Petition of the Personnel Board ARTICLE 28: To see if the Town will vote to amend the Personnel by-Law Schedule E of Section 7 (Miscellaneous Schedule} by increasing the compensation of Custodial Worker to $75.00 per week. Petition of the Personnel Board ARTICLE 29: To see if the Town will vote to raise and appropriate the sum of $500.00 for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule} by increasing the compensation of Gas Inspector to $2,000. Petition of the Personnel Board ARTICLE 30: To see if the Town will vote to add to the Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) the position of "Municipal Summer Help" at a compensation rate of W-1 Minimum less $.25. Petition of the Personnel Board ARTICLE 31: To see if the Town will vote to raise and appropriate the sum of $1,047.00. to be expanded under the direction of the Fire Chief for the purpose of amen- ding Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increas- ing the compensation of Call/Firefighter Spare Driver from $851.00 to $1,998.00 per year. Petition of the Personnel Board ARTICLE 32: To see if the Town will vote to raise and appropriate the sum of $218.00, to be expended under the direction of the Fire Chief for the purpose of amending Schedule E of Section 7 of the Personnel By-Law (Miscellaneous Schedule) by increasing the compensation of Call FireEghter from $441.00 to $759.00 per year. Petition of the personnel Board ARTICLE 33: To see if the Town will vote to amend Section 18K of the Personnel By- Law by striking "HARDSHIP DAY - Emergency leave of one (1) day per year may be allowed an employee for personal reasons other than Sick Leave as provided in this section. A hardship day is subject ro the same prowsions of this section and is deduct- ible from an employee's unused sick leave" and inserting in its place: "One personal day per year may be allowed an employee for personal reasons other than sick leave." Petition of the Personnel Board 15 It is recommended that the Town vote to raise and appropriate the sum of $41,636.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $3,247.00 for tho purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $2,812.00 for the purposes of this article. It ia recommended that the Town vote to raise and appropriate the sum of $4,650.00 for the purposes of this article, Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $100.00 for the pur- poses of this article. Favorable action ia recommended on this article. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle, Unfavorable action is recommended on this arti- cle. ARTICLE 34: To see if the Town will vote to raise and appropriate the sum of $. , to be expended under the direction of the Selectmen for the purpose of impic- menting collective bargaining agreements reached with Town contractual employees. Petition of the Selectmen ARTICLE 35: To see if the Town will vote to raise and appropriate the sam of $13,193.00, to be expended under the direction of the Selectmen for the prapoee of amen- ding the Personnel By-Law, Schedule A, by adding the position of Building Maintenance Craftsmen with a compensation grade of S-10. Petition of the Selectmen ARTICLE 36: To see if the Town will vote to authorize the Selectmen to appoint a study committee of five (5) residents to investigate and make recommendations concerning the advantages or disadvantages of changing or modifying the organizational structure and relationships between the Highway, Public Works, and Tree Departments so as to provide for the maximum possible coordination and use of available ecluipment and manpower and further, that said committee shall, at the next Annual Town Meeting, submit its recommen- dations along with any necessary warrant articles. Petition of the Selectmen ARTICLE 37: To see if the Town will vote to raise and appropriate the sum of $20.000.00, to be expended under the direction of the Selectmen for the purpose of mak- ing improvements to the electrical system in the Town Office Building. Petition of the Selectmen ARTICLE 38: To see if the Town will vote to raise and appropriate the sum of $9,000.00, to be expended under the direction of the Selectmen for the purpose of purchas- ing office equipment and furniture for the Town Office Building. Petition of the Selectmen ARTICLE 39: To see if the Town will vote to raise and appropriate the sum of $36,000.00, to be expended under the direction of the Selectmen for the purpose of pur- chasing four (4) new police cars and four (4) cars to be turned in, in trade, and ali equip- ment to he changed over such as police radios, sirens, and similar accessories. Petition of the Police Chief ARTICLE 40: To see if the Town will vote to raise and appropriate the sum of $28,000.00, to be expended under the direction of the Police Chief for the purpose of hiring two (2) additional patrolmen. Petition of the Police Chief ARTICLE 4h 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 be subject to arrest by a Police Officer. Petition of the Police Chief R I~ recommended that the Town vote to ~ and aplwopriate the eum of $179,817.00 for the puq)oans of this article. Recommendation to be madn at Town Meeting. It is recommended that a study committee of five (5) residents investigate and make recommenda- tions concerning the advantages or diandvnn- tegae of changing ur modifying the organizational structure and ~eletionablps between the High- way, Public Works and Tree Deportments, an as to provide for the maximum possible coordination and use of available equipment and manpower, and further that the Town vote to authaflzo the Highway Surveyor, the Board of Public Wctks and the Tree Warden to each name one resident to said committee, and the Selectmen to name the remaining two residents to this committee. and further, that said committee shall, at the next Annual Town Meeting, submit its recommenda- tioos along with any necessary warrant articles. Favorable action is recommended on this article. It is racommended that the Town vote to raise and aplxoprlete the sum of $5,000.00 for the purposes of this article. Favorable action is recommended on this article. Favorublo action ia recommended on this article. Favorable action is recommended on this article. 16 ARTICLE 42: To see if the Town will vote to raise and appropriate the sum of $1,7000.00 to be expended under ihe direction of the Selectmen for the purpose of purchas- ing a vehicle for the use of the Dog Officer in the performance of his duties~ Petition of the Selectmen ARTICLE 43: To see if the Town will vote to raise and appropriate the sum of $7,200.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing 3,000 feet of 3-inch hose to fully equip Engines I & 2. Petition of the Board of Fire Engineers ARTICLE 44: To see if the Town will vote to raise and appropriate the sum of $14,000.00, to be expended under the direction of the Board. of Fire Engineers for the pur- pose of replacing 14 SCBA (Self Contained Breathing Apparatus) which are old, worn out, and no longer dependable. Petition of the Board of Fire Engineers ARTICLE 45: To see if the Town will vote to raise and appropriate the sum of $10,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing a used Elevating Platform Truck to be used in the service, maintenance. and extension of the Town Fire Alarm System. Petition of the Board of Fire Engineers ARTICLE 46: To see of the Town will vote to raise and appropriate the sum of $57,000.00, to be expended under the direction of the Board of Fire Fighters, who have passed qualifying Civil Service physical and mental examinations, all in accordance with Civil Service Rules and Regulations. Petition of the Board of Fire Engineers ARTICLE 47: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, two parcels of land owned by the Boston and Maine Corporation, in particular bounded and described as follows: Parcel l--Beginning at a point on the easterly side of Main Street at the Southern point of the premises to be granted herein; thence northerly 50 feet more or less; thence easterly 325 feet more or less to the Cochiciwick Brook; thence southerly 50 feet more or Jess; thence westerly 325 feet more or less to said point of beginn- ing. Meaning and intending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 20-7. Parcel 2:--Beginning at a point on the westerly side of Main Street at the southern point on the premises to be granted herein; thence northerly 50 feet more or lessl thence westerly 300 feet more or less; thence southerly $0 feet more or less; thence easterly 300 feet more or less to said point of beginning. Meaning and in- tending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 3. This property is to be used for parking and open space purposes in conluction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. Petition of the Selectmen ARTICLE 48: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, land owned by Andrew and Joan M, Cashman at 4 Main Street in North Andover, Mass. to be used for street im- provements as part fo the Urban Systems Safety Improvement Project at Main and Sutton Streets. The land in particular is bounded and described as follows: Beginning at a point on the easterly sideline of Main~Street at the most southerly point of the existing Main Street driveway opening nearest the intersection; Thence along Main Street thirty-four (34) fe~ more or less to the point of intersection with Sutton Street; Thence northeasterly along the easterly side of Sutton Street thirty-four (34) feet more or less to a point; Thence along a curve deflecting to the left a radius of forty-four (44) feet a distance of sixty (60) feet more or less to the point of beginning. Said proposed parcel contains approximately :100 s.L more or less. This property is to be used in conjunction with improvements in the downtown area and any costs incurred for this project will be paid from federal community develop- ment block grant funds. Petition of the Selectmen Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that tho Town vote to raise and appropriate the sum of $11,400.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. No reoommendation. No recommendation. 17 ARTICLE 49: To see if the Town will vote to raise and appropriate the sam of $3,500.00 to be expended under the direction of the Selectmen for the purpose of conver- ting the fuel pumps at the Town Garage to a key system so that each Town department can account for its own fuel use. Petition of the Selectmen ARTICLE 50: To see of the Town will vote to raise and appropriate the sum of $30,000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing furnishings for the new senior center. Petition of the Selectmen ARTICLE 51: To see if the Town will vote to raise and appropriate the sum of $200,000.00 to bc expended under the direction of the North Andover school Committee for the purpose of installing a new roof at North Andover Middle School. Petition of thc North Andover School Committee ARTICLE 52: To see if the Town will vote to raise and appropriate the sum of $9,500.00, to be expended under the direction of the North Andover School Committee for the purpose of replacing the oil burner at the Kittredge School. Petition of the North Andover School Committee ARTICLE 53: To see of the Town will vote to raise and appropriate the sum of $20,000.00 to be expended under the dir~fon of the Tree Warden for the purpose of pur- chasing a new dump truck to replace a 1976 dump truck. Petition of the Tree Warden ARTICLE 54: To see if the Town will vote to rais~ and appropriate the sum of $875,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of constructing a new seven million gallon storage reservoir on town property at the Tewn Farm on Dale Street and replacing the old six inch cast iron water main on Dale Street and Appleton Street from Salem Street 4200 feet to the Town Farm. Petition of the board of Public Works ARTICLE 55: To see if the Town will vote to raise and appropriate the sum of $140,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing six inch cast iron water main on Salem Street from Stevens Street to Marbleridge Road, a distance of 3500 feet with a new twelve inch ductile iron ce- ment lined water main. Petition of the Board of Public Works ARTICLE 56: To see if the Town will vote to raise and appropriate the sum of $30,000.00, to be expended under the direction of the Board of Public Works for the purpose of constructing test wells in the southwesterly section of town and conducting l)rolonged pump tests in accordance with state regulations for development of addi- tional water supplies. Petition of the Board of Public Works ARTICLE 57: To see if the Town will vote to raise and appropriate the sum of $16;000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing automatic pump control system at the North and South pum- ping stations with a new solid state pump control system. Petition of thc Board of Public Works. ARTICLE 58: To see if the Town will vote to accept the following act which has been submitted to the legislature of the Commonwealth of Massachusetts: AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO TAKE WATER FROM THE MERRIMACK RIVER. SECTION 1: The Town of North Andover, in accordance with such conditions as may be set forth by the department of environmental quality engineering and the water resources commission hereby authorized to take, hold and convey into and throughout is said municipality, from the Merrimack river at an aOproved point within said municipality, without liability to any compensation or other damages than the Commonwealth itself would be legally liable to pay, sufficient water for the use of ~aid municipality and the in- hah{tents therefor for the extinguishment of fires, domestic use, human consumption, irrl- gation, industrial, comurercial and other purposes not to exceed 12 million gallons per day; and to also take and hold, by purchas or otherwise, land in said muniCipality for sinking wells or making excavations in order to obtain water by filtration or percolation, or from subterranean stream~, and to construct such works as may be necessary therefor; and to lay and maintain reservoirs or c~nn!s and such other work as may be deemed necessary or pro- 18 Recommendation to be made at Town Meeting. Recommendation to be made at Town Meeting. It is recommended that the Town vote to raise and appropriate the sum of $150,000.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. It is recommended that the Town vote to raise and appropriate the sum of $11,000.00 fur the purpo~®s of this article, one 1976 Dump Truck to be traded and that the balance of funds form Arti- cle 61 of the 1981 Town Warrant be transferred and applied toward the purchase of said vehicle. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Favorable a~tion is recommended on this article. Favorable action is recommended on this article. Favorable action is recommended on this ertl©la. per for conveying, raising, forcing, retaining, distributing, or disposing of said water in such a manner as may be deemed in the public interest. The rights of the Essex Company, as granted by Chapter one hundred and sixty-three of the acts of eighteen hundred and foray-five, and the rights of any successor to such com- pany are preserved insofar as these rights may be exercised in a manner reasonable and con- sistent with the public interest and the proper utilization of the Merrimac river as determin. ed by the department of environmental quality engineering and the water resources com- mission provided that there shall be adequate towage of the river to supply the city of Lawrence, and the city known as the town of Methuen, and the town of Tewksbury and the Town of North Andover. SECTION 2: This act shall take effect upon its passage. Petition of the Board of Public Works ARTICLE 59: To see if the Town will vote to raise and appropriate the sum of $85,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the sewer from the intersection of Marbleridge Road and Salem Street northwesterly along Salem Street 500 feet and continuing across the Ridgewood Cemetery property 1200 feet to Johnson Circle and removing the existing sewer pump station. Petition of the Board of Public Works ARTICLE 60: To see if the Town will vote to raise and appropriate the sum of $3,500.00, to be expended under the direction of the Board of Public Works for the pur- pose of purchasing and installing playground devices at the Thomson School. Petition of the Board of Public Works ARTICLE 61: To see if the Town will yore to raise and appropriate the sum of $7,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of paving the entry, wa!/to the Middle School from Main Street. Petition of the Board of Public Works ARTICLE 62: To see if the Town will vote to raise and appropriate the sum of $27,250.00, to be expected under the direction of the board of Public Works for the pur- pose of purchasing the following equipment: I - 1982 - One ton dump truck I - 1982 - Tractor with front end loader 1 - 34" Gravely snowblower I - 1973 dump truck and I - 1968 tractor and loader to be traded. Petition of the Board of Public Works ARTICLE 63: To see if the Town will vote to raise and appropriate the sum of $ to be expended under the direction of the Board of Public Works for the pur- pose of acquiring by purchase, eminent domain, or otherwise and easement in land for in- stallatiun of public utilities including but not limited to sewer, water, surface drain, etc. in the land hereinafter described: Beginning at a point on the easterly sideline of Sandra Lane which is two hundred and thirty five and no hundredths (235.00) feet southerly from a stone bound along a curve whose radius is four hundred fifty and no hundredths (450.00) feet; thence turn- ing and running S87 %54'-44"E a distance of fifty and no hundredths (50.00} feet to a point; thence turning and running S47 "-54'-44"E a distance of eighty one and seventy three hundredths (81.73) feet to a point; thence turning and running S-76 %20'-01 "E a distance of two hundred forty and thirty two hundredths (240.32) feet to a point; thence turning and running S40°-37'-35"E a distance of seventy five and twemy nine hundredths (75.29) feet to a point; thence turning and running S03~-02'-40"E a distance of twenty and twenty one hundredths (20.21) feet to a point; thence turning and running N03 °-02'-40"W a distance of sixty two and five hundredths (62.05) feet to a point; thence turning and running N76°-20'-01 "W a distance of two hundred six- ty six and thirty two hundredths (266.32) feet to a point; thence turning and running N47%54'-44"W a distance of thirty five and no hundredths (35.00) feet to a point; thence turning and running S87°-54'-44"E a distance of fifty five and thirty four hun. dredths (55.34) feet to Sandra Lane; thence turning and running northerly along a curve whose radius is four hundred fifty and no hundredths (450.00) feet a distance of forty three and forty six hundredths (43.46) feet to the point of beginning. Meaning and intending to convey a twenty foot utility easement through lots 18.19, and 20 on Sandra Lane as shown on PLAN OF LAND IN NORTH ANDOVER, MASS. scale 1" = 40' August 4, 1980 DANA F. PERKINS & ASSOC. INC. CIVIL ENGINEERS AND SURVEYORS READING--LOWELL, MASS. ARTICLE 64: re see if the Town will vote to raise and appropriate the sum of $200.000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the 12" water main on Campbell Road from Salem Street to Ash Street. Petition of Arthur Fundeklian and others 19 Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $1LO00. O0 fur the purpose of purchasing one 1982, onn.ton Dump Truck, a 1973 Dump Truck to be traded. Recommendation to be made at Town Meeting. Unfavorable action ia recommended on this arti- cle, ARTICLE 65: To see if the Town will vote to raise and appropriate the sum of $63,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the water main from its present terminous 1300 feet toward Sharpeners Pond Road. Petition of Jane Richards and others ARTICLE 66: To see if the Town will vote to raise and appropriate the sum of $16,498.00, to be expended under the direction of the Highway Surveyor for the purpose of Matching State Funds under Chap. //732. Said amount to be added to Art. #47, 1981, Chap.//90, to make accurate amount, 100% reimbursable upon receipt, to be restored to available funds. Petition of the Highway Surveyor ARTICLE 67: To see if the Town will vote to raise and appropriate the sum of $85,723.00, to be expended under the direction of the Highway Surveyor for the pur- pose of matching State Funds under Chap. g351, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 68: To see if the Town will vote to raise and appropriate the sum of $51,208.00, to be matching State funds under Chap. g/32, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 69: To see if the Town will vote to raise and appropriate the sum of $100,000.00, to be expended under the direction of the Highway Surveyor for the purpose of resurfacing, oiling, repairing and maintaining streets in the Town. Petition of the Highway Surveyor ARTICLE 70: To see if the Town wiU vote to raise and appropriate the sum of $148,900.00, to be expended under the direction of the Highway Surveyor for the purpose of purchasing the following equipment: One new Chassis for Sand Spreader, $7,500.00, no trade; new Dump truck, $44,200.00, 1971 Dump Truck to be traded; new Street S~eeper, $67,500.00, 1974 Wayne Street Sweeper to be traded. Petition of the Highway Surveyor ARTICLE 71: To see if the Town will vote to tmmfer the amount of $14,145.69, from Art. 29, 1972, Annual Town Meeting for the PUrpose of constructing a shelter at the Sharp- her's Pond Road disposal site. Petition of the Highway Surveyor ARTICLE 72: To see if the Town will vote to raise and appropriate the sum of $15,000.00, to be expended under the direction of the Highway Surveyor fnr the purpose of installing drainage in problem areas throughout the Town. Petition of the Highway Surveyor ARTICLE 73: To see if the town will vote to raise and appropriate the sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the pur- pose of installing new, and repairing existing sidewalks. Petition of the Highway Surveyor ARTICLE 74: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of making and replacing street signs 'throughout the Town. Petition of the Highway Surveyor ARTICLE 75: To see if the Town will vote to raise and appropriate the sum of $$,000;~0, to be expended under the direction of the Highway Surveyor for the purpose of erecting and replacing guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE 76: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing existing catch basin frames and gates which are smaller than standard size. Petition of the Highway Surveyor 2O Unfavorable action is recommended on this ,*111- cis. Favorable action ia r~ummand~l on this artiok. Favorable action is recommended on this article. Favorable action is recommended on this article. It is recommended that tho Town vota to raise and appropriate tho sum of $72,000.00 fur the purposes of this article. It is recommended that the Town vote to raise and apprupdate the aunt of $81,400.00 for the purposes of purchasing one new chassis for a sand spreader, one new sand Sl~eader and one now dump truck. Favorable action is recommended on this article. It la raoommonded that the Town vote to raise and appropriate the sum of $10,000.00 for tho purposes of this article. It is racommended that the Town vote to raise and appropriate tho sum of $2.500,00 for the purposes of this article. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $2,000.00 for the purposas of this article. Favorable action is recommended on this article. ARTICLE 77: To see if the Town will vote to raise and appropriate the sum of $1,500.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing and erecting new regulatory signs throughout the Town. Petition of the Highway Surveyor ARTICLE 78: To see if the Town will vote to raise and appropriate the sum of $18,000.00, to be expended under the direction of the Highway Surveyor for the purpose of having our 1969 Austin-Western Grader re-conditioned. Petition of the Highway Surveyor 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 fnihiwing: Public or private water supply, ground- water, flood control, erosmn 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 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 re~4ving and complying with an order of condi- tions and provided all appeal periods 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 invalidate the effect of this bylaw. 2. The term "person", as used in this bylaw, shall include any individual, grOUl~ of dividuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or Political subdivision thereof, administrative agency, public or quas~public 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 mail from any person desiring such determination. 4. The Commission, its agents, off'~s 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 eontigons 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 provision? of Massachusetts Oeneral 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 the citizens of North Andover and to be performed or ordered to be performed by an asministrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the 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 offen~se; if more than one, each condition violated shall con- stintte a separate offense. This bylaw may he enforced pursuant to Massachusetts General Laws Chapter 40. Section 21 D, by a Town police officer or other officer having police powers. 21 It is recommended that the Town vote to raise and appropriate the sum of $I,000.00 for the purposes of this article. Favorable action is recommended on this article. No recommendation. 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 tn 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 Andovcr. 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. Petition of the North Andover Conservation Commission ARTICLE 80: To see if the Town will vote to amend its zoning By-Law by changing 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 Andoves, Massachusetts, and more particularly bounded and described as follows: gare~ ! Beginning at a point on the Easterly boundary of the Merrimac River at land N/F of James and Katrina ~3riva; thence running Easterly by land N/F of Oriva a distance of 262 feet, more orless; thence sunning Southerly along the Western boundary of the B & M Railroad Right-of-Way a distance of 9~0 feet, more or less, to more or less, to the Western boundery of Riverview Street; thence running North- westerly a distanCe of 310 feet, more or less, along Rivet-view Street to land owned N/F of Kandrnt; thence running in a Westerly course a distance of 300 feet, more or less, to the Merrimac River; thence running Northeasterly a distance of 400 feet, more or less, along the easterly boundary of the Merrimac River to the point of beginning. Parcel 2 Beginning at the intersection of the Westerly side of Ashland Street and the centerline of Horth 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 centerllne of Sutton Street a distance of 150 feet, more or less, to a point; thence ruanin~ Westerly more or less, to a point on the Easterly line of the B & M Railroad a distance of 130 feet, more or less, to the centerllne of North Main Street. No recommendation. 22 l~re~ 3 Beginning at a point on the Easterly line of the B & M Railroad and the centerline of North Main Street; thence running Northwesterly by said centerline of North Main Strut a distance of 105 feet, more or lass, tn a point on the Western line of Ashland Street; thence running Santhwesterly by said line of Ashland Street 150 feet, more or less, to thc Southeast corner of land ownt~l N/F of Kmiee; thence running Westerly 65 feet. more or less, by Kmie~ to a point; thence running 110 feet, more or less, by said land of Kmie~ 105 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 Mer- rimack River to the Western lot line of land N/F of Mazarakis 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 f~t. more or less, re 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 ARTICLE 81: To see if the Town will vote to amend the Zoning By-Laws by adding the following to Section 2: 2.78 Public Parking Area A parking area owned and maintained by the Town of North Andover. Petition of the Planning Board ARTICLE 82: To see if the Town will vote to amend ils 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 fo[lowing 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 purposes in conjuction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. No recommendation. No recommendation. 12.2 Purpose The purpose of the 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. 12.3Proceduras 1. Per-Applieation 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 23 most suitable development of the town. The Planning Board may suggest modifications and changes to the preliminar~ plan in anticipation of th Filing of the definitive plan. If the Planning Board fails 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- plieants 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 steers, ways, easements and of any pub/k: areas within or next to the Planned Develop- ment. d) The approximate boundery lines of existing and proposed lots with approx- imate areas and dimensions. e) The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f) Existing and proposed open space in a general manner. g) 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. h) A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PUD upon them. i) A summary of environmental concerns relating to the PUD. 3. 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 Preliminary 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. c) The scale, date, and north arrow shah 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. 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. 1) Percent of the lot coverage. m) Average finished grade of each proposed building. n) The elevatinn above average finished grade of the floor and ceiling of the lowest floor of each proposed building. Existing and proposed topo~aphical lines at two-foot intervals. The use designation of each building or part thereof, and of each section of open ground, plaza, or usable roof space. o) p) q) Numbering of parking spaces. 24 r) Height of all proposed buildings, above average finished grade of abutting streets. Number of apartments, meeting rooms, and resranrant and theater. t) Total square feet of floor space of all 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 be the owner under option of the land to be designated as a Planned Develop- meat. 12.4 Minimum 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 % 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 det~imeat of community character and public health and safety. 12.5 Permitted Uses In a Planned Unit Development, the following uses are permitted: 1. Residential a) Detached 1, 2. or 3-family residential structures b) Apartment houses c) Town Houses 2. Business a) Restaurant b} Theater, Museums c) General retail sales and service [except retail sales of automobiles, mobile homes, house trailers and except automobile service station) d) e) 0 g) 3. Banks and finacial offices Business and professional offices Personal serwces Recreation Industrial Use a) Any uses which the Planning Board determines are not injurious to the safety or general welfare of the area. 12.6 A~a Regulations 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 m cluster developments. A covenant shall be placed on the land such that no p~rt of the PUD can be built, sold or occupied outii such time as a satisfactory writte~ agreement has been executed for protection of the open space. 25 Setback Requirements Insofar as the PUD abuts a residemial 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.'1 Relation to Subdivision Control Att 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 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 estage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by deleting Paragraph 2.75, driveways, the following words after the phrase, "except by Special Permit", and by ad- ding the phrase, except as allowed by Special Permit grunted by the Planning Board. Petition of the Planning Board 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, ia which a mixture of residential, open space, commercial, and/or in- 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 from 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 land or structure within a PUD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a cafes and shall he 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 ARTICLE 85. To see if the Town will vote to amend its Zoning By Law by adding a new section #13 to read as follows: Section 13 LARGE ESTATE CONDOMINIUM CONVERSION 13.1 Purpose The purpose of this subsection is to permit existing dwellings on large tracls of land in Residence Districts 1, 2, and 3 to be convened to single family condominium dwelling units compatible with such Residence 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 development that is compatible with Residence Districts I, 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 developmem in such districts. 13.2 Reqalremeats Properties meeting the following requirements shall be eligible for a condominium conversion Special Permit: i. Parcels with one or more existing balldings 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. No recommendation. No recommendation, No recommendation. 26 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 usc by a single family, with its own bath and toilet facilities and its own kit- chen. The average square footage of thc 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 for 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 20% 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. 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 structures. 2. Proposed by Laws. 3. A sample proposed Unit Deed. 4. A locus plan showing the parcel and all land immediately adjacenl 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 Io help understand the 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 enlargement of a building, any material exterior restora- tion, any material change in the use of the open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the 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 not substantially derogate from the intent and purpose of this subsec- tion. 27 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 therewith, 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 filial plans and such Master 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 ARTICLE 86. To see if the Town will vole to amend its Zoning By Law by adding a new section #11 to read as follows: Section 11 RESIDENTIAL CLUSTER DEVELOPMENT DISTRICT I1.1 Jurisdiction The Planning Board may grant a Special Permit for cluster development in the Residential 2 and Residential 3 Districts upon the following terms and conditions set forth in this section. 11.2 Purposes l. Promoting the more efficient use of land in harmony with its natural features. 2. Encouraging the preservation of valuable open space. 3. Promoting diverse and energy-efficient housing at a variety of costs. 4. Protecting water bodies and supplies, wetlands, flood-plains, agricultural lands, wildlife, and other natural resources. 5. Promoting aesthetics and other amenities. 6. Promoting all purposes set out in General Laws Chapter 40A and this Zoning By Law. 11.3 R~gulations The Board shall adopt Regulations for carrying out its duties under this section. 11.4 Procedures Filing an Application Each application for a Special Permit to cluster shall be filed with the Planning Board, with a copy filed forthwith with the Town Clerk, and shall be accom- panied by 12 copies of the application signed by the owner with preliminary plans of the entire tract under consideration, prepared by a Professional Architect, Engineer, or Registered Land Surveyor. Contents of Application Said applications and plans shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land, whether or not the development constitutes a subdivision, and shall include proposed Iocation~ bulk and height of all propos- ed buildings, In addition, the applicant shall provide the following information: a) The number of dwellings which may be constructed under this by-law shall be computed by dividing 90% of the total land area of the tract for the minimum tot area specified by existing zoning requirements. Total land area shall be exclusive of waterbodies and land prohibited from develop- ment by legally enforceable restrictions, easements, or covenants. h) An analysis of the site, including wetlands, slopes, soil conditions, areas within the 101Pyear flood, trees over six inches dbh and such other natural features as the Planning Board may request. c) An analysis of the environmental concerns relating to the proposed plan in- cluding but not limited to impact on water quality and quantity. d) A description of the neighborhood in which the tract lies, including utilities and other public facilities, and an analysis of the impact of the proposed plan upon them. e) Evaluation of the open land proposed within the cluster, with respect to size, shape, location, natural resource value, and accessibility by residents of the town or of the cluster. No recommandation. 28 f) The submitted plan shall delineate all areas subject to the Wetlands Protec- tion Act {M.G.L. Chapter 131, S. 40, as amended) and all slopes having a grade of greater than 15%. Said delineation to be performed by a ground Instrument survey. g) The submitted plan shall have been prepared from an on-the-ground instru- ment survey or from an aerial photographic survey and certified to by a Registered Land Surveyor that the topographic survey is accurate to within one-half of the contour interval. All plans shall show a two-foot comou, r in- terval and as far as practical be at a forty t~bot'to an inch scale. Review of Other Boards Before acting upon the cluster application, the Board shall submit the plans to' the following Boards, which may review it jointly or separately: The Board of Health. the Conservation Commission, the Board of Selectmen, the Board of Public Works, and the Highway Surveyor. Any such Board or agency to which petitions are referred lbr review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant. Failure to make recom- mendation within 35 days of receipt shall be deemed lack of opposition. Public Hearing After the opportunity for review by other Boards bas laken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Chapter 40A, Section 9 and the Zoning By Laws and Regulations of the Planning Board. Relation to Subdivision Control Act Planning Board approval of a Special Permit hereunder shall not substitule for compliance with Ihe Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plans for subdivision, nor reduce any time periods for Board consideration under lhat Act. However. in order to facilitate process- ing, the Planning Board shall, insofar as practical under existing law. adopt regulations establishing procedures for submission of a combined plan and ap- plication which shall satisfy ihs section and the Board's regulations under the Subdivision Control Act. 11.5 Findings of Board The Board may grant a Special Permit under this section only if it finds that the appli- cant has demonstrated the following: thai the cluster plan will be in harmony with the general purpose of the by-law and the requirements of G.L. Chapter 40A. and the long range plan of the town (if any}; that it will not have a detrimental impact on the neighborhood; will be designed with due consideration for health and safety; and is superior to a conventional plan in preserving open space, minimizing environmental disrup- tion, allowing for more efficient provisions of servtces, or allowing for greater variety in prices or type of housing. In addition, the plan must meet the specific requirements of Sec- tions 11.7 and 11.8. 11.6 Minimum Dimensional Requirement~ I. The area of tract to be developed is nol less than 10 acres. 2. If the area of the tract to be developed is located in the Residential 3 District then the dimensional requirements of the Residential 4 District shall serve as the minimum requirements. 3. If the area of the tract to be developed is located in the Residential 2 District. then the dimensional requirements of the Residential 3 District shall serve as the mtnimum requirements~ 4. Minimum width of open land between any group of lots and adjacent abutting property is 50 feet 5. Except as specified in a Special Permit granted under this section, all requirements of the Zoning By Laws shall continue to apply. 11.7 Requi~=d Open Land I. The areas of the open land must at least equal the sum of the areas by which the lots are reduced below the minimum lot area required for conventional develop- mere of the tract in single family housing and contain at least 25% of the entire tract, exclusive of land set aside for building lots, roads, parking and land already subject to legally enforceable covenants or easements. 2. Such open land include area(s) suitable for passive or active recreational use and shall have an area grealer than 15% of the total tract. Wedand areas and areas with slopes greater then 15e/o may not be used to satisfy this requirement. 3. In general, valuable natural resource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should be conveyed to the town or to a trust; whereas land which will be principally used by the residents of the cluster should be conveyed to a homes association. The open land and other such facilities as may be held in common shall be con- veyed to one of the following: a) To a corporation or trust comprising a home association whose member- ship includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of North Andover over such land pursuant to M.G.L. Chapter 182, Section 31-33, to insure that such land be kept on an open or natural state and not be built upon lhe residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 of Chapter 184 of M.G.L. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homes association is capabte of assuming said responsibility. In order to insure that the associa- tion will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the North Essex Registry of Deeds a Declaration of Covenants and Restrictions which shill, at a minimum pro- vide the following: 1. mandatory membership in an established homes association, as a require- ment of ownership of any lot in the tract; 2. provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homes association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the osvner of any lot. 3. provision which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law. b) To a nonprofit organization, the principal purpose of which is the conser- vation of open space. The developer or charity shall grant a conservation restriction as set out in (a) above. c) To the Conservation Commission of the Town of North Andover for park or open space use, subject to the approval of the Selectmen, with a trust clause insuring that it be maintained as open space. Subject to the above, if any such open space is to be used for active recreational purposes including but not restrictive to tennis courts, gardens, swimming pools, it must be held in home owners trust. Such land area will not be wetlands and shall noS. exceed 20s/0 of the total tract or Vz acre, whichever is larger. 11.8 Further Requirements 1. No use other than residential or recreational shall be permitted. 2. Mo lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown upon thc plan. 3. No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Planning Board that the premises have been built in accordance with the plan approved by the Board hereunder. 4. The Board may impose other conditions, safeguards, limitations on time and use, pursuant to its requirements. 5. The Board may grant a Special Permit hereunder for clustering even if the pro- posed development is not subject to the Subdivision Control Law. 6. Except inSOfar as the subdivision is given 5 years' protection under G.L. Chapter 40A, Section 6, Special Permit~ granted under this section shall lapse within two (2) years, excluding time required to pursue or await the determination of an ap- peal, from the grant thereof, ifa substantial use has not sooner commenced or if construction has not begun, except that the Planning Board may grant an exten- sion for good cause and shall grant an extension if the delay was caused by the need to seek other permits. 7. Subsequent to granting of the permit, the Planning Board may permit relocation of lot lines within the cluster. However, any change in overall density, street layout, or open space layout will require further hearings. 8. A Special Permit will not be considered or granted for any tract of land in the Residential 2 District unless said tract of land is presently serviced by town water or will be provided at the expense of the applicant. 9. A Special Permit will not be considered or granted for any tract of land located in the physical watershed of Lake Cochicbewick. 30 10. A Special Permit will not be granted unless the rate of surface runoff is not in- creased by thc proposed development for the one in one hundred year 24 hour rainfall event. In addition, the applicant must demonstrate that methods have been incorporated in order to control the increase in the volume of runoff for a one in one hundred year 24 hour rainfall event. Wetlands areas will not be dredged in order to control the rate and volume of surface runoff. I1. Each lot shown on the submitted plan shall not contain more than a 10% wetlands and/or areas within the 100 year flood plain 11.9 Optional l~usity Bonus 1. Notwithstanding thc limitations set out abovc, the Planning Board, if it deems it otherwise advisable to do so, may as a provision of a Special Permit issued hereunder authorize increases in the permissable density (i.e. increase in number of lots) in the proposed cluster, providing that the number of units within the tract shall not be increased more than 15% over what would otherwise be permit- ted with the cluster, if the applicant provides one or more of the following: a) units of affordable housing up to 10.0. one additional building lot per unit. b) traffic or pedestrian improvements le.g. bike paths, bridle paths) up to c) open space which is landscaped or has unusual value to the community or to the residents or comprises an unusually large percentage of the tract, up to 5%. 2. Such density/intensity bonus may include lots submitted under the bonus option as affordable housing units be so designated at the time of the submisson of the plan. Said lots will each be received by a supplemental covenant issued to the Planning Board which will not be released until such time that the requirements ?vveCified under the affordable housing unit definition are satisfied. If in the ent the requirements are not met in four (4) years, the bonus option is automatically revoked and the designated lots will be deeded as open space within the clustered area. Petition by the North Andover Planning Board ARTICLE 87. To see if the Town will vote to amend the Zoning By Law by adding the following to Section 2. 2.77 Residential Cluster Development District 1. Cluster Development An option which permits an applicant to build single-family dwellings with reduced lot area and frontage reqmrements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. 2. Homes Association A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common. 3. Open Land -- open space within a cluster development. 4. Wetlands areas characterized by vegetation described in Chapter 131, Section 40. 5. Affordable Housing Units (AHUI new dwelling units, including the lot, which are sold at a price thirty three percent (33 ~/0) below the average new house sold in North Andover in the six (6) month period immediately preceding the date of sale of the Affordable Housing Unit. The average sale price will be determined from the list of sales found in the Multiple Listing Service or any other method approved by the Planning Board. Petition of the Planning Board 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. (71: 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. ¢7l: Swimming 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 at 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 lhe pool location. Pools shall be located no nearer the street than the front building line of the dwelling, except by Special Permit. Petition Of the Planning Board 31 No recommendation. No recommendation. 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 desribed 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 Soulberly 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 Southwesterly 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. No recommendltton. Petition of Loretta L. Willis and others ARTICLE 90. To see if thc Town will vote to amend its zoning by changing from R-2 Residential 2 District, to Ind-2, Industrial 2 District, the following described parcel of land: Beginning at a point on the southerly sideline of Barker Street at land F/F Barker; thence bounded on thc north by land N/F of Barker by various courses a total distance of 3,364 feet, more or less; thence bounded on thc cast by land N/F Starmard Realty Trust in two courses a total distance of 1,305 feet, more or less; thence bounded on thc south by land N/F of Stella Sobel and J. Albert Bradley Trust, Driscoll and I.-laphey a total distance of 2,090 feet, more or less; thence bounded on the west by land N/F of McCarthy, Starmurd Realty Trust, and Haphey by various courses a distance of 826 feet, more or less, to a pOint in the southerly sideline of Osgood Street and Barkes Street, a total distance of 720 feet more or less, to the point of beginning. Petition of Benjamin Osgood and others No recommendation. ARTICLE 91. To see if the Town will amend the town zoning by-laws by changing 209 Berry Street beginning at a point of Berry Street and running Easterly along Lot g8 be- ing land of Briand, two hundred (200) feet; thence running Southerly along land of Vali- quette, one hundred (100) feet; thence running Westerly along other land of Valiquette, two hundred (200) feet; thence running Northerly along Berry Street, one hundred (100) feet to thc point of beginning. Containing 20,000 square feet, more or less from Industrial I to Residential 2 zoning. No recommendation. Petition of Robert A. Arsenault et ux and others ARTICLE 92. To see if the Town will vote to amend its zoning by-law by changing the zoning map of the Town to include a parcel of land hereinafter described within the B-4 district from its present designation of R-4 on said zoning map, land and buildings com- monly known as and located at 35 Peters Street, being lots numbers 1, 2, 3, 4, 5, and 6 on a plan entitled, "North Andover Hillside North Andover, Essex Company, Mass." owned by A.J. Landry, formerly owned by Sarah E. Farnham dated December l, 1924, Ernest W. Branch, Civil Engineer recorded with Essex North District Registry of Deeds as Plan No. 597/1924 and more particularly bounded and described as follows: No recommendation. Beginning at a point on the westerly side of Acushnet Street, at the intersection of Peters Street, thence turning and running at right angles with Acushnet Street by Peless Street as shown on said plan 100.02 feet to a stone wall at land now or formerly of one Driscoll; thence Northerly by the wall and land of Driscol1307 feet; thence turning and run- ning easterly 100 feet by lot 7 as shown on said plan; then turning running easterly 100 feel by lot 7 as shown on said plan; then turning and running by the westerly line of Achushnet Street 305.48 feet to the point of beginning. Said lot contains 30,000 square feet more or less. Petition of Daniel G. Donovon, Jr. and Eileen P. Donovon and others 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. No reGommendation. Petition of John J. Callahan and others ARTICLE 94. To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 (R-4) to Business 4 {B-4) the following described parcel of land: No reoommendation. Beginning at a point at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and running in a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY direction for a distance of feet, more or less, again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner 32 of land now or formerly of Laird; and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 694.44 feet. more or less, by land now or formerly of said Laird. Beattie. Camparone. Hoar, Correlle. Dewhurst and Bingham, to a poml being the SOUTHWESTERLY corner of land now or formerly of Buchanan: and thence turning and running in a WESTERLY direction for a distance of 100.6 feet, more or less. through land formerly of said John P. and Kastant J. Shay; and thence turning and running in a SOUTHWESTERLY direction for a distance of 263.55 feet. more or less. again through land formerly of said John P. and Kastant J. Shay to a point at Winthrop Avenue; (for an additional reference depicting the last two courses, see plan of land entitled "Plan of Land Owned by Myrtle Shay located in North Andover, Mass.," dated August 1976. Charles E. Cyr, Civil Engineer, Lawrence. Mass.. which plan is recorded with Essex North Districl Registry of Deeds, Plan No. 7483); and thence turning and running in a NORTHWESTERLY direction by said Winthrop Avenue for a distance of 452+ feet. more or less. to the pomt of beginning. Petition of M. L. Kettenbach and others ~ARTIC1.E 95. To see if the Town will vote to accept as Public Ways those ways shown on a Plan of land entitled "Marlin Avenue. North Andover. Mass." as laid out and adjudicated by the Board of Selectmen and to name the street, so accepted, Martin Avenue, it being an extension of Martin Avenue which has previously been accepted. Pelilion of Michael L. D'Amieo and olhers ARTICLE 96: To see if the Town will vote to appropriate the sum of $ from Revenue Sharing Funds for the purpose of reducing the amount of funds raised for the following budgets: 1. Fire Department Salaries $. 2. Police Department Salaries Petition of the Selectmen Laws, ARTICLE 97: To see if the Town will vote to raise and appropriate the sum of to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 98: To see if the Town will vote to take the sum of $. from available funds for the purpose of reducing the tax rate. Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copi~ thereof at the Town Office Building and at five or more public places in each voting precinct in the Town. Said copies to be posted not more than seven days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, the twenty-ninth day of March in the year of our Lord one thousand nine hundred and eighty two. THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM R. LOUIS DiFRUSCIO Selectmen of North Andover ATTEST ............................... CONSTABLE North Andover, Mass. March 29, 1982 ,4 true copy: ATTEST: DANIEL LONG. Town Clerk. No racom mendation. It is recommended that the Town vote to raise and appropriate the sum of $300,000 for the pur- poses of this article and to reduce the amount of funds raised for the following budgets. 1. Fire Department Salaries ..... $152,000.00 2. Police Department Salaries. . , $148,000.00 it is recommended that the Town vote to raise and appropriate the sum of $175,000.00 for the purposes of this article. It is recommended that tho Town vote to raise and appropriate the sum of $400,000,00 from Available Funds for the purpose of reducing the tax rate, 33 0 o I I TOWN OF NORTH ANDOVER Articles of the Warrant FOR THE ANNUAL TOWN MEETING SATURDAY, APRIL 24, 1982 at 1:30 P.M. Veterans Memorial Auditorium North Andover Middle Schonl Recommendations of the Advisory Committee are reported in this booklet. Please bring this Booklet to the Town Meeting This booklet contains the warrant for the Annual Town Meeting to be held in the Veterans Auditorium of North Andover Middle School on Saturday, April 24, 1982 at 1:30 p.m. It also contains the recommendations of your Advisory Committee. At the Annual Town Meeting, decisions will be made on how much money and for what purposes Town Officers, Boards and Committees will have to spend; on proposed changes to the Town's Zoning and other by-laws; and on other proposed matters relative to how the town should be governed. If you are a registered voter in the Town of North Andover, your vote will be counted at this meeting to amend, adopt or reject articles contained in the Town Warrant. REPORT OF THE ADVISORY COMMITTEE TOWN MEETING, APRIL 24v 1982 TO T~E VOTERS OF T~E TOWN OF NORTH ANDO~ER: For the fourth consecutive year, legislative mandates have placed re- strictions and limitations not only on the individual budgets of our town depart- ments, but also on the ability of our town to initiate capital improvements. However, the Town of North Andover, in spite of Proposition 2%, is in an envious position when we compare our woes and pains to the dilemmas facing other corm~uniti~s in the Commonwealth. The AdVisory Board, as we did last year, examined every town budget microp- scopically. The expense budgets of all departments are at the barest minimum in the Advisory Board's estimations, and several departments have not increased the expense portion of their budget over last year's. After numerous meetings with department heads and concerned citizens, your AdvisOry Board has made recomz~endations concerning their budgets, department articles, and articles sponsored by our citizens. However, for the third con- secutive year, the Town of North Andover has not planned for capital improvements that require bonding. At some time in the future, the Town must face this problem in evaluating and implementing & capital budget program as proposed by the Capital Budget Committee. The Town is still growing and thriving under the limitations imposed upon it by Proposition 2%. This could not be achieved and accomplished without the undi- vided attention, cooperation and understanding of all of our elected officials and boards, department heads, committees, and all staff and support personnel to which we, the Advisory Board, extend our warmest thanks and appreciation. Without their assistance, our task would have been insurmountable. In closing, it is extremely important that voters participate at the annual Town Meeting, and we urge you to attend and to express your views on the issues to be discussed. We also hope that you will adopt the recommendations of our Board. Respectfully submitted, NORTH ANDOVERADVISORY BOARD Michael T. Stella, Jr., Esq. Chairman Carol G. Good, Secretary Peter R. Coughlan Mark O. Henry Francia Lindon Grace Lindfors Lynette E. Pisani David E. Warwick, Vice-Chairman G~stave A. Weigel (Chairman 1980-1981) P~serve Fund Transfer-July 1, 1981 to April 1, 1982 APPROPRIATED AT TOWN MEETING, APRIL 25, 1981 $125,000.00 TRANSFERS: Police Department, Salary Account Community Center, Expense Account Historical Commission, Expense Account Planning Board, Salary Account Personnel Board, Expense Account Selectmen, Salary & Expenses Accounts Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Community Center, Expense Account Special Legal Special Legal Public Works (Water, Maintenance & Construction) Expense Account Special Legal Personnel Board, Expense Account Fire Department, Expense Account Annual Town Meeting Special Legal Total Transferred to April 1, 1982 Balance an Reserve Fund, April 1, 1982 $ 6,745.00 3,400.00 300.00 1,132.00 1,750.00 1,000.00 20,000.00 15,000.00 15,000.00 15,000.00 5,000.00 1,600.00 600.00 1,080.00 5,000.00 150.00 1,620.00 5,000.00 1,722.33 2,500.00 $103,599.33 $103,599.33 $ 21,400.67 Article 4. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen It is recommended that the Town vote to fix the following salaries of the elected officers of the Town effective from July 1, 1982. Board of Selectmen Licensing Commission each per annum Chairman of the Board of Selectmen Board of Assesssors eachper annum Chairman of %he Boarcr of Assessors The present Chairman of the Board of Assessors provided that he devotes all of his working hours to the performance of his duties as Assessor Board of Health each-per annum Board of Public Works each per annum Town Treasurer Highway Surveyor Moderator For Regular Town Meeting For Each Special Town Meeting Town Clerk 2,000 300 3, 000 1,000 $00 60O 26,744 24,953 i00 50 17,090 4 Article 5. To see what action the Town will take as to the budget recommendations of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS Item No. GENERAL GOVERNMENT Budget 81-82 1982- 1983 Department Requests 82-83 1. Selectmen Salaries & Wages 52,012 Expenses 8,500 Out of State Travel 100 2. Treasurer Salaries & Wages 46,824 Expenses 5,000 3. Tax Collector Salaries & Wages 24,081 Expenses 18,750 4. Assessors Salaries & Wages 45,821 Expenses 12,000 5. Accountant Salaries & Wages 46,626 Expenses 5,750 6. Town Clerk Salaries & Wages 26,866 Expenses 900 7. Election & Registrars Salaries & Wages 1,860 Expenses 13,225 * 8. Town Counsel Annual Retainer 9,000 Expenses -0- 9. Moderator 200 55,274 10,100 100 49,795 5,100 24,131 20,350 48,510 13,280 46,688 6,100 28,448 925 1,860 20,795 14,000 1,200 2OO Advisory Committee Recommends 82-83 55,274 9,500 100 48,815 5,100 24,131 20,350 48,510 12,380 46,688 6,100 28,132 925 1,860 2~,~5 10,000 -0- 200 Item No. 10. Advisory Committee Salaries & Wages Expenses 11. Capital Budget Committee Expenses 12. Planning Board Salaries & Wages Expenses 13. Board of Appeals Salaries a Wages Expenses 14. Personnel Board Salaries & Wages Expenses 15. Council on Aging Salaries & Wages Expenses 16. Conservation Commission Salaries & Wages Expenses Professional Services 17. North Andover Historical Commission 18. Town Hall & Garage Buildings Salaries & Wages Expenses 1SA. Community Center 19. Annual Town Meeting Expenses TOTAL: GENERAL GOVERNMENT STAFF AGENCIES Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 1,657 200 1,680 200 1,680 200 100 100 100 26,830 3,100 27,742 3,400 27,742 3,400 3,058 330 3,115 35O 3,115 350 3,728 2,475 10,971 22,750 12,000 11,340 12,600 12,190 12,600 12,190 3,180 1,100 2,000 3,500 1,225 3,000 3,500 1,125 2,500 100 400 40O 6,870 24,500 4,000 6,870 32,500 5,000 6,870 26,000 4,500 6,150 7,950 7,500 430,233 502,399 485,103 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 PUBLIC SAFETY 20. Police Department Salaries & Wages Expenses 20A. School Crossing Guards Salaries & Wages 27,329 Expenses 1,700 21. Fire Department Salaries & Wages 957,700 Expenses 39,850 21A Forest Fires & Forest Expenses -0- 22. Dog Officer Salaries & Wages 8,014 Expenses 5,600 23 Civil Defense Salaries & Wages 2,570 Expenses 3,700 24. Building, Electric & Gas Salaries & Wages 47,206 Expenses 6,171 25. Sealer of Weights & Measures Salaries 2,050 Expenses 400 TOTAL: PUBLIC SAFETY 1,950,257 PUBLIC HEALTH & SANITATION 26. Board of Health Salaries & Wages 22,431 Expenses 15,344 27. Greater Lawrence Sanitary District Per Share Capital 40,085 Per Share Operation 224,890 29. Garbage Disposal Contract 23,556 TOTAL: PUBLIC HEALTH & SANITATION 326,306 PUBLIC WORKS 30. Board of Public Works Salaries 1,800 767,,967 80,000 787,457 86,500 7~,~ 7~/~5'oo 83,000 25,124 1,900 25,124 1,900 1,044,009 53,800 -0- 1,008,748 -0- 9,025 6,108 8,655 5,600 2,570 5,380 2j570 3,700 53,586 6,171 53,211 6,171 2,150 450 2,050 400 2,084,230 1,991,709 23,075 20,010 22,775 19,000 38,863 240,688 20,056 38,863 240,688 3,500 346,692 324,826 1,800 1,800 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 31. Sewer Maintenance & Construction Salaries & Wages Expenses 32. Water Maintenance & Construction Salaries & Wages Expenses 33. Parks & Sehool Grounds Salaries & Wages Expenses 34. Tree Department Salaries & Wages Expenses 35. Dutch Elm Disease Labor & Wages Expenses 36. Insect Pest Control Salaries & Wages Expenses 37. Street Lighting Expenses 38. Street Gen'l Maintenance Salaries & Wages Expenses 39. Snow Removal Expenses 40. Refuse Disposal Salaries & Wages Expenses TOTAL: PUBLIC WORKS WELFARE 41. Veteran's Benefits Expenses 42. Graves Registration Salaries Expenses TOTAL: WELFARE 56,306 36,485 56,306 41,960 56,306 38,400 212,818 210,000 200,996 259,050 2007996 .~o.,7 ~'t~* 51,139 12,300 64,007 11,254 59,146 14,145 65,503 12,942 49,122 13,530 64,239 12,309 10,484 2,400 10,484 2,760 10,484 2,400 25,163 6,195 25,163 7,646 25,163 7,646 107,000 112,0'00 107,000 222,832 70,000 266,082 100,000 251,620 80,000 66,861 115,000 66,861 155,400 41,000 154,443 50,000 154,443 45,000 1,363,444 1,555,426 1,422,319 15,000 15,000 12,500 200 600 300 1,200 300 750 15,800 16,500 13,550 Item No. SCHOOLS 43. N. A. School Department Salaries & Wages Less: Applied Funds Appropriation for Salaries Expenses Total Appropriation for Salaries & Wages 44. Regional Vocational School Allocation of Costs to N.A. TOTAL: SCHOOLS LIBRARY 45. Stevens Memorial Library Salaries & Wages Expenses TOTAL: LIBRARY RECREATION 46. Playgrounds & Bathing Beaches Salaries & Wages Expenses 47. Recreation Council Salaries & Wages Expenses TOTAL: RECREATION EMPLOYEE BENEFITS 48. Group Insurance 49. Essex County Retirement TOTAL: EMPLOYEE BENEFITS UNCLASSIFIED 50. Rental of Veteran's Headquarters 51. Patriotic & Civic Celebrations 52. Fourth of July Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 5,160,000 75,000 5,085,000 5,742,917 o 1,380,787 1,506,976 6,465,787 75,410 6,541,197 135,605 41,000 176,605 46,322 8,915 19,420 9,040 83,697 338,759 550,147 888,906 1,200 915 7.500 144,879 139,712 49,550 189,262 52,970 10,250 21,360 9,040 93,620 380,000 535,578 915,578 1,200 835 7,500 139, 712 47,500 187,212 ~.~..963 ~/d ~-~ ~. 9,807 20,000 9,040 83, 810 535,578 915,578 1,200 835 7,500 Item -No o 53. Insurance - General 54. Industrial Commission Expenses 55. Special Legal Services TOTAL: UNCLASSIFIED DEBT REDEMPTION 56. Fire Engine 57. Highway Department 58. School Bonds 59. Water Main Notes & Bonds 60. Sewer Notes' & Bonds 61. Fire Station TOTAL DEBT REDEMPTION INTEREST ON DEBTS 62. 63. 64. 65. 66. 67. 68. 69. TOTAL: Budget 81-82 135,000 100 5,000 149,715 Department Requests 82-83 Advisory Committee · Recommends 82-83 5,000 15,000 475,000 131,000 130,000 10,000 160,792 100 10,000 100 10,000 766,000 180,427 159,635 Fire Engine 650 Highway Equip'ment 957 School Bonds 193,876 Water Main System Notes & Bonds 10,123 Sewer Notes & Bonds 73,551 Fire Station 2,135 Bond Issue Expense -0- Short Term Borrowing 85,000 INTEREST ON DEBTS 5,000 15,000 475,000 70,000 175,000 10,000 5,000 15,000 475,000 70,000 175,000 10,000 750,000 750,000 366,292 390 319 170,811 4,930 68,160 1,525 100,000 390 319 170,811 4,930 68,160 1,525 -0- 75,000 346,135 321,135 · * Minority Report to be given at Town Meeting 10 SUMMARY Budget 81-82 Department Requests 82- 83 Advisory Committee Recommends 82-83 General Government Public Safety Public Health & Sanitation Public Works Welfare Schools Library Recreation Employee Benefits Unclassified Deb t Redemption Interest on Debts TOTAL 433,133 1,950,257 326,726 1,363,444 15,800 6,541,197 176,605 83,6~97 888,906 149,715 766,000 366,292 476,378 2,084,230 347,112 1,555,426 16,500 7,249,393 189,212 85,613 915,578 180,427 750,000 ~,,1,135 460,640 1,991,709 325,246 1,422,319 13,550 6,971,200 187,212 83,810 915,578 159,635 750,000 321,135 13,061,772 14,17'1,004 ~4 0. C 0. C 0- C 11 TOWN WARRANT COMMONWEALTH .OF MASSACHUSETTS NORTH ANDOVER 1982 ESSEX SS: To either of the Co,tables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in complalnce with Chapter 39 of the General Laws, and as recently amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town By-Laws, Chapter 2, Section 2.4, you are hereby directed to notify and warn the inhabitants of the town of North Andover who are qualified to vote in Town Affairs to meet in the Veterans Auditorium of our North Andover Middle School on Saturday, April 24, 1982, at 1:30 P.M., then and there to act upon the following Articles: ARTICLE 1: The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 1, 1982. Petition of the Selectmen ARTICLE 2: To elect all Town Officers not required by law to be elected by ballot. Petition of the Selectmen ARTICLE 3: To see if the Town will vote to accept the report of receipts and expen- ditures as presented by the Selectmen Petition of the Selectmen ARTICLE 4: To see if thc Town will vote to fLX the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 5: To see what action the Town will take as to the budget recommenda- tions of the Advisory Committee. Petition of the Selectmen ARTICLE 6: To see if the Town will vote to authorize the Treasurer, with the ap- proval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, all as provided by Chapter 44 of the General Laws, Petition of the Selectmen ARTICLE ?: To consider the reports of all Special Committes. Petition of the Selectmen ARTICLE 8: To .see if the Town will vote to authorize the Board of Health to appoint one of its members to the position of Board of Health Physician, as provided by Section 4A of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 9: Tn see if the Town will vote to appropriate for the use of the Stevens Memorial Library the sum of $10,054, welch the Town has recieved from the State under provisions of Chapter 78, Section lgA of the General Laws. Petition. of the Trustees of Stevens Memorial Library ARTICLE 10: To see if the Town will vot~ to accept the provisions of chapter 90, Sec- tion 20A ½ of the General Laws relative to motor vehicle parking violations. (Provisions continuing authorization to the Police Dept. and the Selectmen to establish a schedule of fines, appoint a Parking Clerk, and set up a program of collection of finea.) Petition of the Selectmen Favorable action is recommended on tbls arti¢la. 12 ARTICLE 11: To see of the Town will vote to amend the Personnel By-Law, Schedule A, by adding the following position: Parking and Civil Service Clerk at a compensation grade of S-6 and further that the sum of $312.00 be raised and appropriated for the purpose of the article. Petition of the Selectmen ARTICLE 12: To see if the Town will vote to accept the provisions of Chapter 138, Section 12B of the General Laws. (Prohibits nude or other obscene entertainment at premises licensed to sell alcoholic beverages.) Petition of the Selectmen ARTICLE 13: To see if the town will vote to accept the provisions of Mass. General Laws, Chapter $9, Section $, Clause 17C as revised by Chapter 743 of the Acts of 1981. Petition of Assessors 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 License (Chapter 140, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56) Scale w/capacity over 10,00~ lbs. $50.00 ea. Scale w/capacity 5-10,000 lbs. $30.00 ea. Scale w/capacity 1-5,000 lbs. $20.00 ea. Scale w/capacity 100-1,000 lbs. $10.00 Scales/balances 10-100 lbs. $6.00 ea. Scales/b~iances under 10 lbs, S5.~0 Liquid c~paeity measure of cap, of more than I gal. & measures on pumps $2.00 ~a. Liquid measuring meter dia./V2"- 1" $5.00 ea. Liquid measuring meter dia. over 1" Vehicle tanl~ pump $16.00 Vehicle tank gravity $20.00 ea. Bulk Storage $40.00 ea. Bulk Storage w/cert, prover $20.00 ea. Taximeter Se.00 ea. Device to determine llnerur or area $5.00 ea. Milk bottle or jars $8.00 ea. Vehicle tanks used in sale of commodities by liquid measure per 100 gal. $5.00 ca. Separate tanks-same vehicle (each) $$.00 ea. All weights & other measures $1.00 ea. Petition of the Selectmen ARTICLE 15: to see if the Town will vote to authorize the Selectmen to establish and set charges for ambulance service for no[~-residents only, said charges to be no greater than the cost of providing the service. Petition of the Selectmen ARTICLE 16: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, eminent doamain, or otherwise, a parcel of land located between River- view Street and the Merrimack River, in particular bounded and described as follows: Beginning at a point on the westerly side of Riverview Street at the northwesterly point of the premises to be g~anted herein: thence westerly 20 feet :r to the Cochichewick Brook, so-called, thence following the center of said Brook to the Merrimack River to the Sutton's Mill raceway: thence up said raceway to a petal southwesterly to a corner of the granted premises; thence turning and running southwesterly 48.5 feet ± to said brook: thence continuing northeasterly 110 feet + to said point of beginning. Meaning and intending to convey a portion of Lot 4 and all of Lot 5 as shown on the plan of taking number 6248 by the Greater Lawrence Sanitary District in 1970. Acquisition is for the purpose of installation of a boat ramp for access re the Merrimack River. Funds are available from the HUD-Community Development Block Graat. Petition of the Selectmen Recommendation to be made at Town Meeting. Favorable action is recommended on this article. No recommendation. Favorable action i$ recommended on this article. Favorable action is recommended on this article. Favorable action ia recommended on th~s article. 13 ARTICLE 17: To see if the Town will vote to acquire, by gift or grant, an easement on Steven's Road (owned by Kenics Corp.) and on property adjoining Steven's Road (owned by Dr. Lcntini), for use as a public right of way to be used for all purposes for which a public way is commonly used such as streets, drainage, utiBties and other. Petition of the Selectmen ARTICLE 18: To sec if the Town will vote to amend its Personnel By-Law by deleting in its entirety the present By-Law, and inserting in pla~e therefor the following: (The actual text is not reproduced here because of the costs. The text is, however, ineluded in warrants posted throughout the Town and copies are available at the Tovm Clerk's Office and Library. A summary of the changes is included below.) SUMMARY The proposed revision of the Personnel By-Law establishes a personnel management system to recruit, select, deyelop, and maintain a workforea based on merit and fitness. No changes are made to the salaries and benefits of the employees and the provisions of Civil Service law and collective bargaining agreements will continue tn supereede the By-Law. Some of the major provisions of the By-Law include the following: I. Establishes a Personnel Board responsible for the overall administration of the Personnel By-Law and whose membership is as follows: 3 - Citizens (Two appointed by the Moderator and one by the Selectmen) I - Selectmen I - Advisor~ Committee Member 1 - Employee Representative {non-voting member) 2. Provides for a Personnel Director appointed b~ the Personnel Board to assist the Board in the performance of th*ir day-to-day administrative responsibilities. 3. Requires written performance evaluations for all employees, which shah serve as the basis for merit raises and promotions. 4. Establishes a procedure to ensure that any employee appointed to a position under the By-Law meets at least the minimum qualifications. The Personnel Board will review the applications for a position and certify to the appointing authority the candidates who meet the ininiraum qualifications. In some cases the Board may administer written, oral, or practical ¢*mms or use some other measures to determine the most competent individuals. This would be parti- cuiarly true for higher level positions where the Board may want to certify only the top candidates, in which case it must certify at least the top four. Establishes a grievance and appeals procedure for employees. This protects an employee who is being disciplined or moved for reasons otber than job perfor- mance. The Personnel Board will act as an independent arbiter. Petition of the Personnel Board ARTICLE 19: To see if the town will vote to raise and appropriate the sum of $ , to be expanded under the direction of the Personnel Board for the salaries and panses of a new central Personnel Office. Petition of the Personnel Board Article 20: TO see if the Town will vote to approve the removal of the office of Chief of Police from the provisions of Chapter 3 ! of the General Laws, (Civil Service Law) upon the completion of service of the present permanent incumbent, if any, and authorize the Selectmen to submit a home rule petition to the Legislature to accomplish the purpose of this article, Petition of the Selectmen ARTICLE 21: To see if the Town will vote to raise and appropriate the sum of $10,000, to be expended under the direction of the Personnel Board for personnel con- suiting services including independent survey of the salaries and classifications of all Administrative Employee Library Personnel and Elected Officials. Peti~onofthe Personn~Board ARTICLE 22: To see if the Town will vote to amend Schedule B and Section 8 of the Personnel By-Law by adding three additional steps to each compensation grade by the same percentages as the preceding steps and raise and appropriate the sum of $ for the purpose of this article. Petition of Jean W. Fogarty and others. 14¸ Favorabla action ia ra~omn'~ndad on this artiola. Favorable action is recommended on this article. Unfavorable aotion ia recommended on this arti- cle. Reoomme~letion to be ramie at Town Meeting. Regommeflda~ion to be made at Town Meeting. Recommendation to be made at Town Meeting. ARTICLE 23: To see if the town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule B included in Section 7 of its Personnel By-Law by increasing all of the salar~ rates listed therein by ~s excluding, however, the compensation of those town Employees whose renumeration is to be established by the collective bargaining process. Petition of the Personnel Board ARTICLE 24: To see if the town will vote to raise and appropriate the sum of $ for the purpose of amending Section 8 of its Personnel By-Law (part-time positions classified in clerical group by increasing the salary therein by .%. Petition of the Personnel Board ARTICLE 25: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Section 9 of its Personnel By-Law (Part-time positions classified in Library Group by increasing the salary rates listed therein by __ %. Petition of the Personnel Board ARTICLE 26: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increasing the compensation listed herein by _% for the positions of Reserve Patrolmen. School Crossing Guards. Assistant Supervisor (Bathing Beach), Supervisor (Bathing Beach), lifeguard-Bathhouse Attendant and Mini- Bus Operator for the Elderly. Petition of the Personnel Board ARTICLE 27 to see if the Town will vote to amend the Personnel By-Law Schedule E (Miscellaneous Compensation Scheduk;) by adding the position of Mini-Bus Operator for the Elderly at a yearly compensation of $6,000. Petition of the Personnel Board ARTICLE 28: To see if the Town will vote to amend the Personnel by-Law Schedule E of Section 7 {Miscellaneous Schedule) by increasing the compensation of Custodial Worker to $75.00 per week. Petition of the Personnel Board ARTICLE 29: To see if the Town will vote to raise and appropriate the sum of $500.00 for the purpose of mending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule} by increasing the compensation of Gas Inspector to $2.000. Petition of the Personnel Board ARTICLE 30: To see if the Town will vote to add to the Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) the position of "Municipal Summer Help" at a compensation rate of W-1 Minimum less $.25. Petition of the Personnel Board ARTICLE 31: To see if the Town will vote to raise and appropriate the sum of $1,047.00, to be expanded under the direction of the Fire Chief for the purpose of amen- ding Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increas- ing the compensation of Call/Firefighter Spare Driver from $851.00 to $1,998.00 per year. Petition of the Personnel Board ARTICLE 32: To see if the Town will vote re raise and appropriate the sum of $218.00, to be expended under the direction of the Fire Chief for the purpose of amending Schedule E of Section ? of the Personnel By-Law (Miscellaneous Schedule) by increasing the compensation of Call Firefighter from $441.00 to $759.00 per year. Petition of the personnel Board ARTICLE 33: To see if the Town will vote to amend Section 1aK of the Personnel By- Law by striking "HARDSHIP DAY - Emergency leave of one (1) day per year may be allowed an employee for personal reasons other than Sick Leave as provided in this section. A hardship day is subject to the same provisions of this section and is deduct- ible from an employee's unused sick leave" and inserting in its place: "One personal day per year may be allowed an employee for personal reasons other than sick leave." Petition of the Personnel Board 15 It is mcommandad that tho Town vote to raise and appropriate tho sum of $41,636.00 for the purposes of this artlc,n. It is recommended that the Town vote to raise and appropriate the sum of $3,247.00 for the purposes of this article. ~7t 7 It is recommended that the Town vote to raise and appropriate the sum of 82,812.00 for the purposes of this article. C>~g/2 it i$ recommended that tho Town vote to raise and appropriate the sum of $4,650.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. , Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of S 100.00 for the pur- poses of this article. ~.,. Favorable action is recommended on this article. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arlJ- cie. ARTICLE 34: To see if the Town will vote to raise and appropriate the sum of $ , to be expended under the direction of the Selectmen for the purpose of imple- menting collective bargaining agreements reached with Town contractual employees. Petition of the Selectmen ARTICLE 35: To see if the Town will vote to raise and appropriate the sum of $13,193.00, to he expended under the direction of the Selectmen for the prupose of amen- ding the Personnel By-Law, Schedule A, by adding the position of Building Maintenance Craftsmen with a compensation grade of S-10. Petition of the Selectmen ARTICLE 36: To see if the Town will vote to authorize the Selectmen to appoint a study committee of five (5) residents to invmfigate and make recommendations concerning the advantages or disadvantages of changing or modifying the organizational structure and relationships between the Highway, Public Works, and Tree Departments so as to provide for the maximum possible coordination and use of available equipment and manpower and further, that said committee shall, at the next Annual Town Meeting, submit its recommen- dations along with any necessary warrant articles. Petition of the Selectmen ARTICLE 37: To see if the Town will vote to raise and appropriate the sum of $20.000.00, to be expended under the direction of the Selectmen for the purpose of mak- lng improvements to the electrical system in the Town Office Building. Petition of the Selectmen ARTICLE 38: To see if the Town will vote to raise and appropt'iate the sum of $9,000.00, to be expended under the direction of the Selectmen for the purpose of purchas- ing office equipment and furniture for the Town Office Building. Petition of the Selectmen ARTICLE 39: To see if the Town will vote to raise and appropriate the sum of $36,000.00, to be expended under the direction of the Selectmen for the purpose of pur- chasing four (4) new police cars and four (4) cars to be turned in, in trade, and all equip- ment to be changed over such as police radios, sirens, and similar accessories. Petition of the Police Chief ARTICLE 40: To see if the Town will vote to raise and appropriate the sum of $28,000.00, to be expended under the direction of the Police Chief for the purpose of hiring two {2) additional patrolmen. Petition of the Police Chief ARTICLE 41: To see if the Town will vote to amend its General By-Laws by adding the following ~ection: Section 8.4 Soliciting No person, groups or organizations shall be allowed to solicit in the Town of North Andover, for whatever purpose intended, without first requesting permission in writing from the Chief of Police or his designee. Any person, group, or organization granted permission shall submit a list to the Chief or his designee, the names & addresses of the solicitors, the area, time of day, and the duration of such solicitation. Said solicitors shall have on their possession at all times an idcntificatinn card upon request. Under no circumstances will any soliciting be allowed from one half hour after sunset of one day, and not before eight ($: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 shah 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 It ia recommended that the Town vote to rei~ and appropdste the sum of $179,817.00 fo~ the purpOses of this article. /8 7-...~ t 7 Recommendation to be made at Town Meeting. ,,5000 It is recommended that a study committee of five {5) residents investigat~ and mnku recommandu- tione concerning tho advantages or dleedvan- togas of changing or modifying the organizational structure end relationships between tho High- way, Public Works and Tree Departments, so as to provide fro' the maximum possible coordination a~d uso of available equipment and manpower, and further that the Town vote to authorize the Highway Surveyor, the Board of Public Works and the Tree Warden to each name one resident to said committee, and tho Selectmen to name the remaining two residents to this committee, and further, that said committee shall, at the next Annual Town Meeting, submit its recommenda- tions along with any necessary warrant articles, Favorable action is recommended on this article. o0oo it is recommended that the Town vote to raisu and appropriate the sum of $5,000.00 for the purposes of this article. Favorable action Is recommended on this article. oo0 Favorable action ia recommended on this article. Favorable action is recommended on this article. 16 ARTICLE 42: To see if the Town will vote to raise and appropriate the sum of $1,7000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing a vehicle for the use of the Dog Officer in the performance of his duties. Petition of the Selectmen ARTICLE 43: To see if the Town will vote to raise and appropriate the sum of $7,200.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing 3,000 feet of 3-inch hose to fully equip Engines I & 2. Petition of the Board of Fire Engineers ARTICLE 44: To see if the Town will vote to raise and appropriate the sum of $14,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of replacing 14 SCBA [Self Contained Breathing Apparatus) which are old, worn out, and no longer dependable. Petition of the Board of Fire Engineers ARTICLE 45: To see if the Town will vote to raise and appropriate the sum of $10,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing a used Elevating Platform Truck to be used in the service, maintenance, and extension of the Town Fire Alarm System. Petition of the Board of Fire Engineers ARTICLE 46: To see of the Town will vote to raise and appropriate the sum of $57,000.00, to be expended under the direction of the Board of Fire Fighters, who have passed qualifying Civil Service physical and mental examinations, all in accordance with Civil Service Rules and Regulations. Petition of the Board of Fire Engineers ARTICLE 47: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, two parcels of land owned by the Boston and Maine Corporation, in particular bounded and described as follows: Parcel l--Beginning at a point on the easterly side of Main Street at the Southern point of the premises to be granted herein; thence northerly 50 feet more or less; thence easterly 325 feet more or less to the Coehiciwick Brook; thence southerly 50 feet more or less; thence westerly 325 feet more or less to said point of beginn- ing. Meaning and intending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 207. Parcel 2:--Beginning at a point on the westerly side of Main Street at the southern point on the premises to be granted herein; thence northerly 50 feet more or less; thence westerly 300 feet more or less; thence southerly 50 feet more or less; thence easterly 300 feet more or less to said point of beginning. Meaning and in- tending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-2$A as parcel number 3. This property is to be used for parking and open space purposes in conjuction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. Petition of the Selectmen ARTICLE 48: To see if the To~vn will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, land owned by Andrew and Joan M, Cashman at 4 Main Street in North Andover, Mass. to be used for street im- provements as part fo the Urban Systems Safety Improvement Project at Main and Sutton Streets. The land in particular is bounded and described as follows: Beginning at a point on the easterly sideline of MainStreet at the most southerly poim of the existing Main Street driveway opening nearest the intersection; Thence along Main Street thirty-four (34) feet mote or less to the point of intersection with Sutton Street; Theltce northeasterly along the easterly side of Sutton Street thirty-four (34) feet more or less to a point; Thence along a curve deflecting to thc left a radius of forty-four (44) feet a distance of sixty (60) feet more or less to the point of beginning. Said proposed parcel contains approximately 300 s.f. mote or less. This property is to be used in conjunction with improvements in the downtown area and any costs incurred for this project will be paid from federal community develop- ment block grant funds. Petition of the Selectmen 17 Unfavorable action is recommended on thi~ arti- cle. Favorable action is recommended on this article. It Js recommended that the Town vote to raise and appropriate the sum of 811.400.00 for the purposes of this article. l l O Unfavorable action is recommended on this ertl- cie. Unfavorable action is recommended on this arti- cle. No recommendation. No recommendation. ARTICLE 49: To see if the Town will vote to raise and appropriate the sum of $3,500.00 to be expended under the direction of the Selectmen for the purpose of conver- ting the fuel pumps al the Town Garage to a key system so that each Town department can account for its own fuel use. Petition of the Selectmen ARTICLE 50: To see of the Town will vote to raise and appropriate the sum of $30,000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing furnishings for the new senior center. Petition of the Selectmen ARTICLE 51: To see if the Town will vote to raise and appropriate the sum of $200,000.00 to be expended under the direction of the North Andover school Committee for the purpose of installing a new roof at North Andover Middle School. Petition of the North Andover School Committee ARTICLE 52: To see if the Town will vote to raise and appropriate the sum of $9,500.00, to be expended under the direction of the North Andover School Committee for the purpose of replacing the oil burner at the Kittredge School. Petition of the North Andover School Committee ARTICLE 53: To see of the Town will vote to raise and appropriate the sum of $20,000.00 to be expended under the direction of the Tree Warden for the purpose of pur- chasing a new dump truck to replace a 1976 dump truck. ~,~0 O0 0 ARTICLE 54: Tn ~ if the Town will vote to raise and abpropriate the sum of $875,000.00, to be expended under the direction of the Board of Public Works for the par- pose of constructing a new seven million gallon storage reservoir on town property at the Town Farm on Dale Street and replacing the old six inch cast iron water main on Dale Street and Appleton Street from Salem Street 4200 feet to the Town Farm. Petition of the board of Public Works ARTICLE 55: To see if the Town will vote to raise and appropriate the sum of $140,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing six inch cast iron water main on Salem Street from Stevens Street to Marbleridge Road, a distance of 3500 feet with a new twelve inch ductile iron ce- ment fined water main. Petition of the Board of Public Works ARTICLE 56: To see if the Town will vote to raise and appropriate the sum of $30,000.00, to be expended under the direction of the Board of Public Works for the purpose of constructing test wells in the southwesterly section of town and conducting prolonged pump testa in accordance with state regulations for development of addi- tional water supplies. Petition of the Board of Public Works ARTICLE 57: TO see if the Town will vote tO raise and appropriate the sum of $16,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing automatic pump control system at the No~h and South pum- ping stations with a new solid state pump control system. Petition of the Board of Public Works. ARTICLE 58: To see if the Town will vote to accept the following act which has been submitted to the legislature of the Commonwealth of Massachusetts: AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO TAKE WATER FROM THE MERRIMACK RIVER. SECTION 1: The Town of North Andover, in accordance with such conditions as may be set forth by the department of environmental quality engineering and the water resources commission hereby authorized to take, hold and convey into and throughout is said municipality, from the Merrimack fiver at an approved point within said municipality, without liability to any compensation or other damages than the Coms~onwenlth itself would be legally liable to pay, sufficient water for the use of said municipality and the in- habitants therefor for the extinguishment of fires, domestic use, human consumption, irri- gation, industrial, commercial and other purposes not to exceed 12 million gallons per day; and to also take and hold, by purchas or otherwise, land in said municipality for sinking wells or making excavations in order to obtain water by filtration or percolation, or from subterranean streams, and to construct such works as may he nsces,~ry therefor; and to lay and maintain reservoirs or canals and such other work as may be deemed nece~ary or pro- 18 Recommendation to be made at Town Meeting. Recommendation tO be made at Town Meeting. / It is recommsnded that the Town vote to raise and appropriate the sum of $150,000.00 for the purposes of this article. Unfavorable action ia recommended on this arti- cle. tt is recommended that the Town vote to mine and appropriate the sum of $11,000.00 for the purposes of this article, one 1976 Dump Truck to be traded and that the balance of funds form Arti- cle 61 of the 1981 Town Warrant be transferred and app#ed toward the purchase of said vehicle. Urdnvorabis action la recommended on this arti- cle. Unfavorable notion is recommended on this arti- cia.' Favorable action is recommended on this article. 3ooo0 Favorable action is recommended on this article. Favorable action ia recommended on this articis~ per for conveying, raising, forcing, retaining, distributing, or disposing of said water in such a manner as may be deemed in the public interest. The rights of the Essex Company, as granted by Chapter one hundred and sixty-three of the acts of eighteen hundred and forty-five, and the rights of any successor to such eom- pany are preserved insofar as these rights may be exercised in a manner reasonable and con- sistent with the public interest and the proper utilization of the Merrimac river as determin- ed by the department of environmental quality engineering and the water resources com- mission provided that there shall be adequate flowage of the river to supply the city of Lawrence, and the city known as the town of Methuen, and the town of Tewksbur~ and the Town of North Andover. SECTION 2: This act shall take effect upon its passage. Petition of the Board of Public Works ARTICLE 59: To see if the Town will vote to raise and appropriate the sum of $85,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the sewer from the intersection of Marbleridge Road and Salem Street northwesterly along Salem Street 500 feet and continuing across the Ridgewood Cemetary property 1200 feet to Johnson Circle and removing the existing sewer pump station. Petition of the Board of Public Works ARTICLE 60: To see if the Town will vote to raise and appropriate the sum of $3,500.00, to be expended under the direction of the Board of Public Works for the pur- pose of purchasing and installing playground devices at the Thomson School. Petition of the Board of Public Works ARTICLE 61: To see if the Town will vote to raise and appropriate the sum of $7,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of paving the entry way to the Middle School from Main Street. Petition of the Board of Public Works ARTICLE 62: To see if the Town will vote to raise and appropriate the sum of $27,250.00, to be expected under the direction of the board of Public Works for the pur- pose of purchasing the following equipment: I - 1982 - One ton dump truck 1 - 1982 - Tractor with front end loader 1 - 34" Gravely snowblower 1 - 1973 dural: txuck and I - 1968 tractor and loader to be traded. Petition of the Board of Public Works ARTICLE 63: To see if the Town ~eili vote to raise and appropriate the sum of $ to be expended under the direction of the Board of Public Works for the pur- pose of acquiring by purchase, eminent domain, or otherwise and easement ill land for in- stallation of public utilities including but not limited to sewer, water, surface drain, etc. in the land hereinafter described: Beginning at a point on the easterly sideline of Sandra Lane which is two hundred and thirty five and no hundredths (235.00) feet southerly from a stone bound along a curve whose radius is four hundred fifty and no hundredths (450.00) feet; thence turn- ms'and running S87 °-54'-44"E a distance of fifty and no hundredths (50.00) feet to a point; thence turning and running S47 °-54'-44"E a distance of eighty one and seventy three hundredths I81.73) feet to a point; thenc~ turning and running S-76 °-20'-01"E a d/stance of two hundred forty and thirty two hundredths (240.32) feet to a point; thence turning and running S40 °-37'-35"E a distance of seventy five and twenty rune hundredths {75.29) feet to a point; thence turning and running S03°-02'-40"E a distance of twenty and twenty one hundredths (20.21) feet to a point; thence turning and running N03 °-02'-40"W a distance of sixty two and five hundredths (62.05) feet to a point; thence turning and running N76 %20'-01 "W a distance of two hundred six- ty six and thirty two hundredths (266.32) feet to a point; thence turnin$ and framing N47%54'-44"W a distance of thirty five and no hundredths (35.00) feet to a point; thence turning and running S87 %54'-44"E a distance of fifty five and thirty four hun- dredths [55.34) feet to Sandra Lane; thence turning mid running northerly along a curve whose radius is four hundred fifty and no hundredths (450.00) feet a distance of forty three and forty six hundredths (43.46} feet to the point of beginning. Meaning and intending to convey a twenty foot utility easement through lots 18, 19, and 20 on Sandra Lane as shown on PLAN OF LAND IN NORTH ANDOVER, MASS, scale I" =40' August 4, 1980 DANA F. PERKINS & ASSOC. INC. CIVIL ENGINEERS AND SURVEYORS READING--LOWELL, MASS. ARTICLE 64: to see if the Town will vote to raise and appropriate the sum of $200,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the 12" water main on Campbell Road from Salem Street to Ash Street. Petition of Arthur Fundeklian and others 19 Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It ia recommended that the Town v~e to raise and appropriate the sum of $11,000.00 for the purpose of purchasing one 1982, one-ton Dump Truck, a 1973 Dump Truck to be traded. Recommendation to be made ut Town Meeting. Unfavorable action is recommended on this arti- cle. ARTICLE 65: To see if the Town will vote to raise and appropriate the sum of $63,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the water main from its present terminous 1300 feet toward Sharpeners Pond Road. Petition of Jane Richards and others ARTICLE 66: To see if the Town will vote to raise and appropriate the sum of $16,498.00, to be expended under the direction of the Highway Surveyor for the purpose of Matehing State Funds under Chap. ff732. Said amount to be added to Art. //47, 1981, Chap.//90, to make accurate amount, 100% reimbursable upon receipt, to be restored to available funds. Petition of the Highway Surveyor ARTICLE 67: To see if the Town will vote to raise and appropriate the sum of $85,723.00, to be expended under the direction of the Highway Surveyor for the pur- pose of matching State Funds under Chap. g351, said amount to he reimbursed, upon receipt, to be restored to unappropriated available funds, Petition of the Highway Surveyor ARTICLE 68: To see if the Town will vote to raise and appropriate the sum of $51,208.00, to be matching State funds under Chap. g132, said amount to he reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 69: To see if the Town will vote to raise and appropriate the sum of $100,000.00, to be expended under the direction of the Highway Surveyor for the purpose of resurfacing, oiling, repairing and maintaining streets in the Town. Petition of the Highway Surveyor ARTICLE 70: To see if the Town will vote to raise and appropriate the sum of $148,900.00, to he expended under the direction of the Highway Surveyor for the purpose of purchasing the foUowing equipment: One new Chassis for Sand Spreader, $7,500.00, no trade; new Dump truck, $44,200.00, 1971 Dump Truck to be traded; new Street Sweeper, $67,.500.00, 1974 Wayne Street Sweeper to be traded. Petition of the Highway Surveyor ARTICLE 71: To see if the Town will vote to transfer the amount of $14,145.69, from Art. 29, 1972, Annual Town Meeting for the purpose of constructing a shelter at the Sharp- her's Pond Road disposal site. Petition of the Highway Surveyor ARTICLE 72: To see if the Town will vote to raise and appropriate the sum of $15,000.00, to be expended under the direction of the Highway Surveyor for the purpose of installing drainage in problem areas throughout the Town. Petition of the Highway Surveyor ARTICLE 73: To see if the town will vote to raise and appropriate the sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the pur- pose of installing new, and repairing existing sidewalks. Petition of the Highway Surveyor ARTICLE 74: TO see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direetion of the Highway Surveyor for the purpose of making and replacing street signs throughout the Town. Petition of the Highway Surveyor ARTICLE 75: To see if the Town will vote to raise and appropriate thc sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the purpose of erecting and replac/ng guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE 76: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway SurVeyor for the purpose of replacing existing catch basin frames and gates which are smaller than standard size. Petition of the Highway Surveyor 2O Unfavorable notion is recommended on this arti- cle. Favorable action ia recommended on this article. Favorable action ia recommended on this at'tide. / Favorable action is recommended on this article, ? It is recommended that the Town vote to raise and aplxOpdato the sum of $72,000.00 for the purposes of this article. It is recommsnded that the Town vote to raise and appropriate the sum of $81,400.00 for tho purposes of pu~has~ng one new chassis for a sand spreader, one new sand spreader and one new dump truck. (~/' ~/~ 0 / Favorable action is recommended on this article. It is ~commended that the Town vote to raise and appropriate the sum of $10,000.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $2,500.00 for the purposes of this article. Favorabis action is recommended on this m/iota. It is recommended that the Town vote to raise and appropriate tho sum of $2,000.00 for the purposes of this article. ARTICLE 77: To see if the Town will vote to raise and appropriate the sum of $1,500.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing and erecting new regulatory signs throughout the Town. Petition of the Highway Surveyor ARTICLE 78: To see if the Town will vote to raise and appropriate the sum of $18,000.00, to be expended under the direction of the Highway Surveyor for the purpose of having our 1969 Anstin-Western Grader re-conditioned. Petition of the Highway Surveyor 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, 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, 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 periods 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, plant 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 h~mr 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, 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 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 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.Tbe Conservation Commission is empowered to deny permission for any removal, dredging, f'flling, or altering of subject lands within the town if, in its judgemem, 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 aH values to be [~rotected under this bylaw and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public heating. 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 the citizens of North Andover and to be performed or ordered to be performed by an asministrative agency of the Commonwealth or by the Town. Emergency projects shall mean any pro, acts certified to be an emergency by the Commissioner of the Department of Environmental Qmdity 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 he 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 separate offeffse; if mor~ than one, each condition violated shall con- stitote a separate offense. This bylaw may he enforced pursuant to Massachusetts General Laws Chapter 40, Section 21 D, by a Town police officer or other officer having police powers. 21 It is recommended that the Town vote to raise and appropriate the sum of $1,000.00 for the purposes of this article. Favorable action is recommended on this article. d o 0 No recommendation. 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.) lB. 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 iust. 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 thc following rules and fee schedule: Rules: a. Permit fees are payable at the time of application and are nonrefundable. b. Permit fern 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. Petition of the North Andover Conservation Commission ARTICLE 80: To see if the Town will vote to amend its zoning By-Law by changing 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: PaFeal I Beginning at a point on the Easterly boundary of the Merrimac River at land N/F of lames and Katrina (]riva; 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 distance 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 [ess, to the Merrimac River; thence running Northeasterly a distance of 400 feet, more or less, along the easterly boundary of the Merrimac River to the point of heginning. I~rcel 2 Beginning at the intersection of the Westerly side of Ashland Street and the centerline of North Main Street; thence running Southeasterly a distance of 2/0 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; thence runoJn~ Westerly mor~ or less, to a point on the Easterly line of the B & M Railroad a distance of 130 feet, more or less, to the centerline of North Main Street. No recommendation. 22 Beginning at a point on the Easterly line of the B & M Railroad and the centerline 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 Kmiee to a point; thence running 110 feet, more or less, by said land of Kmiec 10~ 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 Mer- rimack River to the Western lot line of land N/F of Mazarnkis Family Trust; thence running Southeasterly by said land of Mazarakis Family Trust a distance of 345 feet, more or less, (o 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 Realt:/Trust Main Street and the point of beginning. Petition of the Planning Board ARTICLE 81: To see if the Town will vote to amend the Zoning By-Laws by adding the following to Section 2: 2.78 Public Parking Area A parking area owned and maintained by the Town of North Andover. Petition of the Planning Board 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 Thc 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- tinne to govern. This property is to be used for parking purposes in conjuction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. No recommendation. No recommendation. 12.2 Purpose The purpose of the 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 housin~ at a variety of costs. 12.3 Procedures 1. Per-Application Conference Prior to thc 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 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 flied 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 23 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 fails 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 "Prelitninary 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 aH adjacent streets. c) In general manner, the existing and proposed lines of streets, ways, ensen~ents and of any public areas within or next to the Planned Develop- d) The approximate boundery lines of existing and proposed lots with approx- imate areas and dimensions. The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. Existing and proposed open space in age. ue~i mam~. g) An analysis of the natural features of the site, including wetlands, floodplains, slopes over 120~, soil conditions, and other features requested by the Planning Board. h) A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PUD upon them. i) A summary of environmental concerns feinting to the PUD. Submission of Defeuitive Plan The application for a Special Permit and site ptan review shaR be accomp~ied by the original copy of the definitive plan and other data required to be submit- ted in triplicate and shall contain the following data: Ali items in "Contents of the Prelimina~ Plan: Planned DevelOpment District" (a through and including i) shall be incorporated. a) It shall be drawn at a scale of one inch eqnals forty feet unless another scale is requested and found suitable by the planning b) The plan shall be prepared by a land surveyor, professional engineer, or architect. c) The scale, date, and north ~rrow 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 shrill 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. The dimensions ~f the existing and proposed buildings in feet. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. Percent of the lot coverage. Average finished grade of each proposed building. The elevation above average finished gr~e of the floor and ceiling of the lowest floor of each proposed building. Existing and proposed topographical lines at two-foot intervals. The use designation of each building or part thereof, and of each section of open ground, plaza, or usable roof space. J) k) 1) m) n) q) Numbering of parking spaces. 24 r) s) t) u) Height of all proposed buildings, above average finished grade of abutting streets. Number of apartments, meeting rooms, and restaurant and theater. Total square feet of floor space of all landscape and recreation areas, and depiction of materials to be used {grass, 5-foot shrubs, etc.). Deed or other recorded instrument that shows the application to be the owner under option of the land to be designated as a Planned Develop- ment. 12.4 Minimum 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 % of the PUD is located within a residential district, at least 51 q~0 of the building area and accessor~ facilities in the PUD shall be used for residan- 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 Permitted Uses In a Planned Unit Development, the following uses are permitted: I. Residential a} Detached 1, 2, or 3-family residantial structures b) Apartment houses c) Town Houses 2, Business a) b) c) d) e) 0 g) Restaurant Theater, Museums General retail sales and service Cexcept retail sales of automobiles, mobile homes, house trailers and except automobile service station) Banks and finacial offices Business and professional offices Personal services Recreation Industrial Use a) Any uses which the Planning Board determines are not Jnjurions to the safety or general welfare of the area. 12.6 Area Regulalions PUD Site Area No PUD shall he permitted on a site of less than 60,000 square feet. Usable Open Space In all PUD's, at le~.st 20go 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 eLL. Chapter 40A, Section 9 for common open space in cluster developments. A covenant 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 ~xecnted for protection of the open space. 25 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 Reh~lion to Subdifi~inn Con~tol 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 regnlatious 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. Petkion of the No~h Andover Planning Board ARTICLE 83: to see if the Toum will vote to amend its Zoning By Law, Sectio~ 2 definitions, by adding to Paragraph 2,65, Special Permit Granting Authority, the following words after the phrase, "Watershed District", and large estage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by del~in$ Paragraph 2.75, 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 84: To see if the Town will vote to amend its Zoning By Law by adding the following to Section 2: 2.'/6 Planned Development Dist~et 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, comm~reial, and/or in- 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 from 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 land or structure within a PUD which are reserved for active or passive recreation use. 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, fence, sculpture, fountains, swimm/ng pools, open-air recreational facilities, Laundry apparatus and similar objects shall not be considered obstructions. Petition of the Planning Board ARTICLE 85. To see if the Town will VOTe to amend its Zoning By Law by adding a new section #13 to 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 1.2. and 3 to be converted to single family condominium dwelling units compatible with such Residence Districts, to create new housing involving relatively little new construction, to generate tax revenue to the Town, to prezerve existing buildings, to preserve the residential character of the Town and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts 1, 2, and 3, which districts are primarily for single family resideneez, 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 reqmrements 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. No recommendation. No rocommondotion. No recommendation. 26 2. Any dwelling located on a lot of record as of Apri124, 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 for each con- dominium dwelling unit. 8. For the purposes of this subsection, "open space" shall mean all of the land on the parcel exqept 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 ut/l/ties, 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 lhe use of more than 20~0 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. 13.3 Contents of Appiiealion An application for a condominium conversion Special Permit shall include the following: 1. Proposed Masler 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 slructures. 2. Proposed by Laws. 3. A sample proposed Unit Deed. 4. A'locus 0lan 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 reasonabl~ deem necessary or appropriate to help understand the proposal. 13.4 Change in Appliealion After a condominium conversion Special Permit has been granted, any change in the location or use of a building, an~ enlargement of a building, any material exterior restora- tion, any material change in the use of the open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the Planning Board and after a public hearing twith the provisions of paragraph 13.5 applying) and upon a finding by the Planning Board that the proposed change or changes do not substantially derogme from the intent and purpose of this subsec- tion. 27 13.S Reyiew by the Planning Board Prior to recording, a Special Pesmit 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 therewith, and By Laws, as they are to b~ 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 Master Deed, plans and By Laws as having received tianl revie~ and approval under this subsection, which endorsement shall be conclusive evidence thereof. Any amendment lo thc Masler Deed, and plans recorded therewith, and By Laws related to an amendment to thc Special Permit shall be endorsed by the Chairman of thc Planning Board as provided herein for such documents as initially recorded. Petition by the North Andover Planning Board ARTICLE 86. To see if the Town will vote to amend its Zoning By Law by adding a new section #11 to rend as follows: Section 11 RESIDENTIAL CLUSTER DEVELOPMENT DISTRICT IL1 Jurisdiction The Planning Board may grant a Special Permit for cluster development in the Residential 2 and Residential 3 Districts upon the following terms and conditions set forth in this section. 11.2 Purposes I. Promoting the more efficient use of land in harmony with its natural fentures. 2. Encouraging the preservation of valuable open space. 3. Promoting diverse and energy-efficient housing at a variety of costs. 4. Protecting water bodies and supplies, wetlands, flood-plains, ngrictdtural lands, wildlife, and other natural resources. 5. Promoting aesthetics and other amenities. 6. Promoting all purposes set out in General Laws Chapter 40A and this Zoning By Law. 11.3 Regulations Thc Board shall adopt Regulations for carrying out its duties under this section. 11.4 Procedures Filing an Application Each application for a Special Permit to cluster shall be filed with the Planning Board, with a copy filed forthwith with the Town Clerk, and shall be accom- panied by 12 copies of the application signed by the owner with preliminary plans of the entire tract under consideration, prepar_ed by a Professional Architect, Engineer, or Registered Land Surveyor. Contents of Application Said applications and plans shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land, whether or not the development constitutes a subdivision, and shall include proposed location, bulk and height of all propos- ed buildings, la addition, the applicant shall provide the following information: a) The number of dwellings which may be constructed under this by.law shall be computed by dividing 90% of the total land area of the tract for the minimum lot area specified by existing zoning requirements. Total land area shall be exclusive of waterbodies and land prohibited from develop- ment by legally enforceable restrictions, easements, or covenants. b) An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year flood, trees over six inches dbh and such other natural features as the Planning Board may request. c) An analysis of the environmental concerns relating to the proposed plan in- cluding but not limited to impact on water quality and quantity. d) A description of the neighborhood in which the tract lies, including utilities and other public facilities, and an analysis of the imPact of the proposed plan upon them. e) Evaluation of the open land proposed within the cluster, with respect to size, shape, location, natural resource value, and accessibility by residents of the town or of the cluster. No recommendation. 28 0 The submitted plan shall delineale all areas subject to the Wetlands Protec- lion Act (M.G.L. Chapter 131, S. 40. as amended) and all slopes having a grade of greater than 15%. Said delineation to be performed by a ground instrument survey. g) The submitted plan shall have been prepared from an un-the-ground instru- ment survey or from an aerial photographic survey and certified to by a Registered Land Surveyor that the topographic survey is accurate to within one-half of the contour interval. All plans shall show a two-foot contour in- terval and as far as practical be at a forty foot'to an inch scale. Review of Other Boards Before acting upon the cluster application, the Board ~hall mbmit the plans to the following Boards. which may review it jointly or separately: The Board of Health, the Conservation Commission, the Board of Selectmen. the Board of Public Works, and the Highway Surveyor. Any such Board or agency to which petitions are referred for review shall submit such recommendations as it deems appropriate Io the Planning Board and the applicant. Failure to make recom- mendation within 35 days of receipt shall be deemed lack of opposition. Public Hearing After the opportunity for review by other Boards has taken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Chapter 40A, Section 9 and lhe Zoning By Laws and Regulations of the Planning Board. Relation to Subdivision Control Act Planning Board approval of a sPeoal Permit hereunder shall not substitute for compliance wilh the Subdivision Control Act, nor oblige the Planning Board to approve any related definitive plans for subdivision, nor reduce any time periods for Board consideration under that Act. However, in order to facilitate process- ing, the Planning Board shall, insofar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and ap- plication which shall salisfy ths section and the Board's regulations under the Subdivision Control Act. 11.5 Findings of Roard The Board may grant a Special Permit under this section only if it finds that the appli- cant has demonstrated the following: that the cluster plan will be in harmony with the general purpose of the by-law and the requirements of G.L. Chapter 4OA, and the long range plan of the town (if any); that it will not have a detrimental impac~ on the neighborhood; will be designed with due consideration for health and safety; and is superior to a conventional plan in preserving open space, minimizing environmental disrup- tion, allowing for more efficient provisions of services, or allowing for greater variety in prices or type of housing. In addition, the plan must meet the specific requirements of Sec- tions 11.7 and 11.8. 11.6 Minimum Dimensional Requirements 1. The area of tract to be developed is not less than 10 acres. 2. If the area of the tract to be developed is located in the Residential 3 District then the dimensional requirements of the Residential 4 District shall serve as the minimum requirements. 3. If the area of the tract to be developed is located in the Residential 2 District, then the dimensional requirements of the Residential 3 District shall serve as the minimum requirements. 4, Minimum width of open land between any group of lots and adjacent abutting property is 50 feet. 5. Except as specified in a Special Permit granted under this section all requirements of the Zoning By Laws shall continue to apply. 11.'/Required Open Land 1, The areas of the open land must at least equal the sum of the areas by which the lots are reduced below the minimum lot area required for conventional develop- ment of the tract in single family housing and contain at least 25~'0 of the entire tract, exclusive of land set aside for building lots, roads, parking and land already subject to legally enforceable covenants or easements. 2. Such open land include area(s) suitable for passive or active recreational use and shall have an area greater than 15% of the total tract. Wetland areas and areas with slopes greater then 15~/0 may not be used to satisfy this requirement. 3. In general, valuable natural resource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should be conveyed to 29 the town or to a trust; whereas land which will be principally used by the residents of the cluster should be conveyed to a homes association. The open land and other such facilities as may be held in common shall be con- veyed to one of the following: a) To a corporation or trust comprising a home association whose member- ship includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of North Andover over such land pursuant to M.G.L. Chapter 182, Section 31-33, to insure that such land be kept on an open or natural state and not be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 of Chapter 184 of M.G.L. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homes association is capable of assuming said responsibility. In order to insure that the associa- tion will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the North Essex Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum pro- vide the following: I. mandatory membership in an established homes association, as a require- ment of ownership of any lot in the tract; 2. provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homes association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the owner of any lot. 3. provision which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law. b) To a nonprofit organization, the principal purpose of which is the conser- vation of open space. The developer or charity shall grant a conservation restriction as set out in (a) above. c) To the Conservation Commission of the Town of North Andover for park or open space use, subject to the approval of the Selectmen, with a trust clause insuring that it he maintained as open space. Subject to the above, if any such open space is to be used for active recreational purposes including but not restrictive to tennis courts, gardens, swimming pools, it must be held in home owners trust. Such land area will not be wetlands and shall not exceed 20~0 of the total tract or V2 acre, whichever is larger. 11.8 Further Requiremenis 1. No use other than residential or recreational shall be permitted. 2. No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown upon the plan. 3. No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Planning Board that the premises have been built in accordance with the plan approved by the Board hereunder. 4. The Board may impose other conditions, safeguards, limitations on time and use, pursuant to its requirements. 5. The Board may grant a Special Permit hereunder for clustering even if the pro- posed development is not subject to the Subdivision Control Law. 6. Except insofar as the subdivision is given 5 years' protection under G.L. Chapter 40A, Section 6, Special Permits granted under this section shall lapse within two (2) years, excluding time required to pursue or await the determination of an ap- peal, from the grant thereof, if a substantial use has not sooner commenced or if construction has not begun, except that the Planning Board may grant an exten- sion for good cause and shall grant an extension if the delay was caused by the need to 'seek other permits. '/. Subsequent to granting of the permit, the Planning Board may permit relocation of lot lines within the cluster. However, any change in overall density, street layout, or open space layout will require further hearings. 8. A Special Permit will not be considered or granted for any tract of land in the Residential 2 District unless said tract of land it, lmesently serviced by town water or will be provided at the expense of the applicant. 9. A Special Permit will not be considered or granted for any tract of land located in the physical watershed of Lake Cochicbewick. 30 10. A Special Permit will not be granted unless the rate of surface runoff is not in- creased by the proposed development for the one in one hundred year 24 hour rainfall event. In addition, the applicant must demonstrate that methods have been incorporated in order to control the increase in the volume of runoff for a one in one hundred year 24 hour rainfall event. Wetlands areas will not be dredged in order to control the rate and volume of surface runoff. 11. Each lot shown on the submitted plan shall not contain more than a 10% wetlands and/or areas within the 100 year flood plain. 11.9 Optional Density Bonus 1. Notwithstanding the limitations set out above, the Planning Board, if it deems it otherwise advisable to do so, may as a provision of a Special Permit issued hereunder authorize increases in the permissable density {i.e. increase in number of lots) in the proposed cluster, providing that the number of units within the t tact shall not be increased more than 15 % over what would otherwise be permit- ted with the cluster, if the applicant provides one or more of the followillg: a) units of affordable housing up to 10%. one additional building lot per unit. b) traffic or pedestrian improvements le.g. bike paths, bridle paths) up to 5%. c) open space which is landscaped or has unusual value to the community or to the residents or comprises an unusually large percentage of the tract, up to 5%. 2. Such density/intensity bonus may include lots submitted under thc bonus option as affordable housing units be so designated at the time of the submisson of the plan. Said lots will each be received by a supplemental covenant issued to the Planning Board which will not be released until such time that the requirements specified under the affordable housing unit definition are satisfied, If in the event the requirements are not met in four (4l years, the bonus option is automatically revoked and the designated lots will be deeded as open space within the clustered area. Petition by the North Andover Planning Board ARTICLE 87. To see if the Town will vote to amend the Zoning By Law by adding the following to Section 2. 2.77 Residential Cluster Development District Cluster Development An option which permits an applicant to build single-family dwellings with reduced lot area and frontage feqmrements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. 2. Homes Association A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsib]e for the costs and maintenance of said open land and any other facilities to be held in common. 3. Open Land -- open space within a cluster development. 4. Wetlands -- areas characterized by vegetation described in Chaplet 131. Section 5. Affordable Housing Units (AHUI -- new dwelling units, including the lot, which are sold at a price thirty three percent (33%) below the average new house sold in North Andover in the six {6) month period immediately preceding the date of sale of the Affordable Housing Unit. The average sale price will be determined from the list of sales found in the Multiple Listing Service or any other method approved by the Planning Board. Petition of the Planning Board 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. (7l and inserting the following: Section 4.121 Par. (7); Section 4.122 Par. (7); and Section 4.123 Par. (7): Swimming 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 at least four (4) feet in height to be deler- mined by the Building Inspector to prevent the entrance of persons other than those residing at the pool location. Pools ahall be localed no nearer the street than the front building line of the dwelling, except by Special Permit. Petition of the Planning Board 31 No recommendation. No recommendation. ARTICLE 89. To see if thc Town will vote to amend the Zoning By-Law by chang- ing the Zoning Map of the Town to include thc parcel of land hereinafter desribed 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 Southwesterly direction, g6.15' 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. No r~commend~tiono Petition of Loretta L. Willis and others ARTICLE 90. To see if the Town will vote to amend its zoning by changing from R-2 Residential 2 District, to lnd-2, Industrial 2 District, the following described parcel of land: Beginning at a point on the southerly sideline of Barker Street at land F/F Barker; thence bounded on the north by land N/F of Barker by various courses a total distance of 3,364 feet, more or less; thence bounded on the east by land N/F Starmard Realty Trust in two courses a total distance of 1,305 feet, more or less; thence bounded on the south by land N/F of Stella Sobel and J. Albert Bradley Trust, Driscoll and Haphey a total distance of 2,090 feet, more or less; thence bounded on the west by land N/F of McCarthy, Starmard Realty Trust, and Haphey by various courses a distance of 826 feet, more or less, to a point in the southerly sideline of Osgood Street and Barker Street, a total distance of 720 feet more or less, to the point of beginning. Petition of Benjamin Osgood and others No recommendation. ARTICLE 91. To see if the Town will amend the town zoning by-laws by changing 209 Berry Street beginning at a point of Berry Street and running Easterly along Lot ~ be- ing land of Briand, two hundred (200) feet; thence running Southerly along land of Vali- quette, one hundred (100) feet; thence running Westerly along other land of Valiquette, two hundred (200) feet; thence running Northerly along Berry Street, one hundred {100) feet to the point of beginning. Containing 20,000 square feet, more or less from Industrial I to Residential 2 zoning. No recommendation. Petition of Robert A. Arsenault et ux and others ARTICLE 92. To see if the Town will vote to amend its zoning by-law by changing the zoning map of the Town to include a parcel of land hereinafter described within the B-4 district from its present designation of R-4 on said zoning map, land and buildings com- monly known as and located at 35 Peters Street, being lots numbers 1, 2, 3, 4, 5, and 6 on a plan entitled, "North Andover Hillside North Andover, Essex Company, Mass." owned by A.J. Landry, formerly owned by Sarah E. Farnham dated December I, 1924, Ernest W. Branch, Civil Engineer recorded with Essex North District Registry of Deeds as Plan No. 597/1924 and more particularly bounded and described as follows: No recommendation. Beginning at a point on the westerly side of Acushnet Street, at the intersection of Peters Street, thence turning and running at right angles with Acushnet Street by Peters Street as shown on said plan 100.02 feet to a stone wall at land now or formerly of one Driscoll; thence Northerly by the wall and land of Driscol1307 feet; thence turning and run- ning easterly 100 feet by lot 7 as shown on said plan; then turning running easterly 100 feet by lot 7 as shown on said plan; then turning and running by the westerly line of Achushnet Street 305.48 feet to the point of beginning. Said lot contains 30,000 square feet more or less. Petition of Daniel G. Donovon, Jr. and Eileen P. Donovon and others 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. No recommendation. Petition of John J. Callahan and others ARTICLE 94. To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 (R-4) to Business 4 (BM) the following described parcel of land: No recommendation. Beginning at a point at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Really Trust: and thence turning and running in a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY direction for a distance of 130 feet, more or less, again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner 32 of land now or formerly of Laird: and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 694.44 feet. more or less. by land now or formerly of said Laird. Beattie. Camparone. Hoar. Correlle, Dewhurst and Bingham, to a point being the SOUTHWESTERLY corner of land now or formerly of Buchanan: and thence turning and running in a WESTERLY direction for a distance of 100.6'feet, more or less. through land formerly of said John P. and Kastam J. Shay; and thence turning and running in a SOUTHWESTERLY direction for a distance of 263.55 feet, more or less, again through land formerly of said John P. and Kastant J. Shay to a point at Winthrop Avenue; I [or an additional reference depicting the last two courses, see plan of land entitled "Plan of Land Owned by Myrtle Shay located in North Andover, Mass.," dated August 1976. Charles E. Cyr, Civil Engineer. Lawrence, Mass., which plan is recorded with Essex North District Registry of Deeds, Plan No. 7483}; and thence turning and running m a NORTHWESTERLY direction by said Winthrop Avenue for a distance of 452_+ feet. more or less, to the point of beginning. Petition of M. L. Kettenbach and others ARTICLE 95. To see if the Town will vote to accept as Public Ways those ways shown on a Plan of land entitled "Martin Avenue. North Andover, Mass." as laid out and adjudicated by the Board of Selectmen and to name the street, so accepted. Martin Avenue. it being an extension of Martin Avenue which has previously been accepted. Petition of Michael L. D'Amico and others ARTICLE 96: To see if the Town will vote to appropriate the sum of $~ from Revenue Sharing Funds for the purpose of reducing the amount of funds raised for the following budgets: 1. Fire Department Salaries $ 2. Police Department Salaries Petition of the Selectmen Laws. ARTICLE 97: To see if the Town will vote to raise and appropriate the sum of to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 98: To see if the Town will vote to take the sum of $ from available funds for the purpose of reducing the tax rate. Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and at five or more public places in each voting precinct in the Town. Said copies to be posted not more than seven days ~fore the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, the twenty-ninth day of March in the year of our Lord one thousand nine hundred and eighty two. THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM R. LOUIS DiFRUSCIO Selectmen of North Andover ATTEST ............................... CONSTABLE North Andover, Mass. March 29, 1982 A true copy: ATTEST: DANIEL LONG. Town Clerk. No recommendation. It is recommended that the Town vote to raise and appropriate the sum of $300,000 for the put- poses of this article and to reduce the amount of funds raised for the following budgets. 1. Fire Department Salaries ..... $152,000.00 2. Police Department Salaries .... $148~000.00 It is recommended that the Town vote to raise and appropriate the sum of $ :7~=,C~0.00 for the purposes of this article. ?,'~ tg~ ~ It is recommended that the Town vote to raise and appropriate the sum of $44)~O00.00 from Available Funds for the purpose of reducing the tax rate. ,Z//~'~ frO0 33 I I TOWN OF NORTH ANDOVER Articles of the Warrant FOR THE ANNUAL TOWN MEETING SATURDAY, APRIL 24, 1982 at 1:30 P.M. Veterans Memorial Auditorium North Andover Middle School Recommendations of the Advisory Committee are reported in this booklet. Please bring this Booklet to the Town Meeting This booklet contains the warrant for the Annual Town Meeting to be held in the Veterans Auditorium of North Andover Middle School on Saturday, April 24, 1982 at 1:30 p.m. It also contains the recommendations of your Advisory Committee. At the Annual Town Meeting, decisions will be made on how much money and for what purposes Town Officers, Boards and Committees will have to spend; on proposed changes to the Town's Zoning and other by-laws; and on other proposed matters relative to how the town should be governed. If you are a registered voter in the Town of North Andover, your vote will be counted at this meeting to amend, adopt or reject articles contained in the Town Warrant. REPORT OF THE ADVISORY' COMMITTEE TOWN MEETING~ APRIL 24, 1982 TO THE VOTERS OF THE TOWN OF NORTH ANDOVER: For the fourth consecutive year, legislative mandates have placed re- strictions and limitations not only on the individual budgets of our town depart- ments, but also on the ability of our town to initiate capital improvements. However, the Town of North Andover, in spite of Proposition 2%, is in an envious position when we compare our woes and pains to the dilemmas facing other communities in the Commonwealth. The Advisory Board, as we did last year, examined every town budget microp- scopically. The expense budgets of all departments are at the barest minimum in the Advisory Board's estimations, and several departments have not increased the expense portion of their budget over last year's. After numerous meetings with department heads and concerned citizens, your Advisory Board has made recommendations concerning their budgets, department articles, and articles sponsored by our citizens. However, for the third con- secutive year, the Town of North Andover has not planned for capital improvements that require bonding. At some time in the future, the Town must face this problem in evaluating and implementing a capital budget program as proposed by the Capital Budget Committee. The Town is still growing and thriving under the limitations imposed upon it by Proposition 2%. This could not be achieved and accomplished without the undi- vided attention, cooperation and understanding of all of our elected officials and boards, department heads, committees, and all staff and support personnel to which we, the Advisory Board, extend our warmest thanks and appreciation. Without their assistance, our task would have been insurmountable. In closing, it is extremely important that voters participate at the annual Town Meeting, and we urge you to attend and to express your views on the issues to be discussed. We also hope that you will adopt the recommendations of our Board. Respectfully submitted, NORTH ANDOVERADVISORY BOARD Michael T. Stella, Jr., Esq. Chairman Carol G. Good, Secretary Peter R. Coughlan Mark O. Henry. Francia Lindon Grace Lindfors Lynette E. Pisani David E. Warwick, Vice-Chairman Gustave A. Weigel (Chairman 1980-1981) Reserve Fund Transfer-July 1, 1981 to April 1, 1982 APPROPRIATED AT TOWN MEETING, APRIL 25, 1981 $125,000.00 TRANSFERS: Police Department, Salary Account Community Center, Expense Account Historical Commission, Expense Account Planning Hoard, Salary Account Personnel Board, Expense Account Selectmen, Salary & Expenses Accounts Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Community Center, Expense Account Special Legal Special Legal Public Works'(Water, Maintenance & Construction) Expense Account Special Legal Personnel Board, Expense Account Fire Department, Expense Account Annual Town Meeting Special Legal Total Transferred to April 1, 1982 Balance in Reserve Fund, April 1, 1982 $ 6,745.00 3,400.00 300.00 1,132.00 1,750.00 1,000.00 20,000.00 15,000.00 15,000.00 15,000.00 5,000.00 1,600.00 600.00 1,080.00 5,000.00 150.00 1,620.00 5,000.00 1,722.33 2~500.00 $103,599.33 $103,599.33 $ 21,400~67 Article 4. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen It is recommended that the Town vote to fix the following salaries of the elected officers of the Town effective from July 1, 1982. Board of Selectmen Licensing Commission each per annum Chairman of the Board of Selectmen Board of Assesssors each per annum Chairman of the Board of Assessors The present Chairman of the Board of Assessors provided that he devotes all of his working hours to the performance of his duties as Assessor Board of Health each-per annum Board of Public Works each per annum Town Treasurer Highway Surveyor Moderator For Regular Town Meeting For Each Special Town Meeting Town Clerk 2,000 300 3.. 000 3., 000 14,167 600 600 26,.744 24,953 100 50 17,090 Article 5. To see what action the Town will take as to the budget recommendations of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS Item No. GENERAL GOVERNMENT Budget 81-82 1982 - 1983 Department Requests 82-83 1. Selectmen Salaries & Wages 52,012 Expenses 8,500 Out of State Travel 100 2. Treasurer Salaries & Wages 46,824 Expenses 5,000 3. Tax Collector Salaries & Wages 24,081 Expenses 18,750 4. Assessors Salaries & Wages 45,821 Expenses 12,000 5. Accountant Salaries & Wages 46,626 Expenses 5,750 6. Town Clerk Salaries & Wages 26,866 Expenses 900 7. Election & Registrars Salaries & Wages 1,860 Expenses 13,225 8. Town Counsel Annual Retainer 9,000 Expenses - 0- 9. Moderator 200 55,274 10,100 100 49,795 5,100 24,131 20,350 48,510 13,280 46,688 6,100 28,448 925 1,860 20,795 14,000 1,200 20O Advisory Committee Recommends 82-83 55,274 9,500 100 48,815 5,100 24,131 20,350 48,510 12,380 46,688 6,100 28,132 925 1,860 20,795 10,000 200 Item No. 16. Advisory Committee Salaries & Wages Expenses 11. Capital Budget Committee Expenses 12. Planning Board Salaries & Wages Expenses 13. Board of Appeals Salaries & Wages Expenses 14. Personnel Board Salaries & Wages Expenses 15. Council on Aging Salaries & Wages Expenses 16. Conservation Commission Salaries & Wages Expenses Professional Services 17. North Andover Historical Commission 18. Town Hall & Garage Buildings Salaries & Wages Expenses 18A. Community Center 19. Annual Town Meeting Expenses TOTAL: GENERAL GOVERNMENT STAFF AGENCIES Bud get 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 1,657 200 1,680 200 1,680 200 100 100 100 26,830 3,160 27,742 3,400 27,742 3,400 3,058 330 3,115 350 3,115 350 3,728 2,475 10,971 22,750 10,971 21,500 12,000 11,340 12,600 12,190 12,600 12,190 3,180 1,100 2,000 3,500 1,225 3,000 3,500 1,125 2,500 100 400 400 6,870 24,500 4,000 6,870 32,500 5,000 6,870 26,000 4,500 6,150 7,950 7,500 430,233 502,399 485,103 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 PUBLIC SAFETY 20. Police Department Salaries & Wages Expenses 20A. School Crossing Guards Salaries & Wages Expenses 21. Fire Department Salaries & Wages Expenses 21A Forest Fires & Forest Expenses 22. Dog Officer Salaries & Wages Expenses 23 Civil Defense Salaries & Wages Expenses 24. Building, Electric & Gas Salaries & Wages Expenses 25. Sealer of Weights & Measures Salaries Expenses TOTAL: PUBLIC SAFETY PUBLIC HEALTH & SANITATION 26. Board of Health Salaries & Wages Expenses 27. Greater Lawrence Sanitary District Per Share Capital Per Share Operation 29. Garbage Disposal Contract TOTAL: PUBLIC HEALTH & SANITATION PUBLIC WORKS 30. Board of Public Works Salaries 767,967 80,000 787,457 86,500 745,980 83,000 27,329 1,700 25,124 1,900 25,124 1,900 957,700 39,850 1,044,009 53,800 -0- 1,008,748 44,600 -0- 8,014 5,600 9,025 6,108 8,655 5,600 2,570 3,700 2,570 5,380 2,570' 3,700 47,206 6,171 53,586 6,171 53,211 6,171 2,050 400 2,156 450 2,050 400 1,950,257 2,084,230 1,991,709 22,431 15,344 23,075 20,010 22,775 19,000 40,085 224,890 23,556 38,863 240,688 24,056 38,863 240,688 3,500 326,306 346,692 324,826 1,800 1,800 1,800 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 31. Sewer Maintenance & Construction Salaries & Wages Expenses 32. Water Maintenance & Construction Salaries & Wages Expenses 33. Parks & School Grounds Salaries & Wages Expenses 34. Tree Department Salaries & Wages Expenses 35. Dutch Elm Disease Labor & Wages Expenses 36. Insect Pest Control Salaries & Wages Expenses 37. Street Lighting Expenses 38. Street Gen'l Maintenance Salaries & Wages Expenses 39. Snow Removal Expenses 40. Refuse Disposal Salaries & Wages Expenses TOTAL: PUBLIC WORKS WELFARE 41. Veteran's Benefits Expenses 42. Graves Registration Salaries Expenses TOTAL: WELFARE 56,306 36,485 56,306 41,960 56,306 38,400 212,818 210,000 200,996 259,050 200,996 235,000 51,139 12,300 59,146 14,145 49,122 13,530 64,007 11,254 65,503 12,942 64,239 12,309 10,484 2,400 10,484 2,760 10,484 2,400 25.163 6,195 25,163 7,646 25,163 7,646 107,000 112,000 107,000 222,832 70,000 266,082 100,000 251,620 80,000 66,861 115,000 66,861 155,400 41,000 154,443 50,000 154,443 45,000 1,363,444 1,555,426 1,422,319 15,000 15,000 12,500 200 600 300 1,200 300 750 15,800 16,500 13,550 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82- 83 SCHOOLS 43. N. A. School Department Salaries & Wages Less: Applied Funds Appropriation for Salaries Expenses 5,160,000 75,000 5,742,917 5,519,213 100,000 5,085,000 $,419,213 1,380,787 1,506,976 1,380,787 Total Appropriation for Salaries & Wages 44. Regional Vocational School Allocation of Costs to N.A. TOTAL: SCHOOLS LIBRARY 45. Stevens Memorial Library Salaries & Wages Expenses TOTAL: LIBRARY RECREATION 46. Playgrounds & Bathing Beaches Salaries & Wages Expenses 47. Recreation Council Salaries & Wages Expenses TOTAL: RECREATION EMPLOYEE BENEFITS 48. Group Insurance 49. Essex County Retirement TOTAL: EMPLOYEE BENEFITS UNCLASSIFIED 50. Rental of Veteran's Headquarters 51. Patriotic & Civic Celebrations 52. Fourth of July 6,465,787 75,410 6,541,197 135,605 41,000 176,605 46,322 8,915 19,420 9,040 83,697 338,759 550,147 888,906 1,200 915 7,500 144,879 139,712 49,550 189,262 52,970 10,250 21,360 9,040 93,620 380,000 535,578 915,578 1,200 835 7,500 6,800,000 131,200 6,971,200 139,712 47,500 187,212 44,963 9,807 20,000 9,040 83,810 380,000 535,578 915,578 1~200 835 7,500 Item .No. 53. Insurance - General 54. Industrial Commission Expenses 55. Special Legal Services TOTAL: UNCLASSIFIED DEBT REDEMPTION 56. Fire Engine 57. Highway Department 58. School Bonds 59. Water Main Notes & Bonds 60. Sewer Notes & Bonds 61. Fire Station TOTAL DEBT REDEMPTION INTEREST ON DEBTS 62. Fire Engine 63. Highway Equipment 64. 65. 66. 67. 68. 69. TOTAL: Budget 81-82 135,000 100 5,000 149,715 5,000 15,000 475,000 131,000 130,000 10,000 766,000 650 957 School Bonds 193,876 Water Main System Notes & Bonds 10,123 Sewer Notes & Bonds 73,551 Fire Station 2,135 Bond Issue Expense -0- Short Term Borrowing 85,000 INTEREST ON DEBTS Department Requests 82-83 160,792 100 lO,OOO 180,427 5,000 15,000 475,000 70,000 175,000 10,000 750,000 Advisory Committee, Recommends 82-83 140,000 100 10,000 159,635 5,000 15,000 475,000 -70,000 175,000 10,000 750,000 390 319 170,811 4,930 68,160 1,525 100,000 390 319 170,811 4,930 68,160 1,525 75,000 366,292 346,135 321,135 * Minority Report to be given at Town Meeting lO SUMMARY Bud get 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 General Government Public Safety Public Health & Sanitation Public Works Welfare Schools Library Recreation Employee Bene fits Unclassified Deb t Redemption Interest on Debts TOTAL 433,133 1,950,257 326,726 1,363,444 15,800 6,541,197 176,605 83,697 888,906 149,715 766,000 366,292 476,378 2,084,230 347,112 1,555,426 16,500 7,249,393 189,212 85,613 915,578 180,427 750,000 ~,~1,135 460,640 1,991,709 325,246 1,422,319 13,550 6,971,200 187,212 83,810 915,578 159,635 750,000 321,135 13,061,772 14:17'1,004 13,602,034 TOWN WARRANT COMMONWEALTH OF MASSACHUSETI'S NORTH ANDOVER 1982 ESSEX SS: To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in complaince with Chapter 39 of the General Laws, and aa recently amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town By-Laws, Chapter 2, Section 2.4, you are hereby directed to notify and warn the inhabitants of the town of North Andover who are qualified to vote in Town Affairs to meet in the Veterans Auditorium of our North Andover Middle School on Saturday, April 24, 1982, at 1:30 P.M., then and there to act upon the following Articles: ARTICLE I: The election of Town Officers appearing on the ballot have already been acted upon at the Annual Town Election on March 1, 1982. Petition of the Selectmen ARTICLE 2: To elect all Town Officers not required by law to be elected by ballot. Petition of the Selectmen ARTICLE 3: To see if the Town will vote to accept the ]'epoR of receipts and expen- ditures aa presented by the Selectmen Petition of the Selectmen ARTICLE 4: To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 5: To see what action the Town will take aa to the budget recommenda- tions of the Advisory Committee, Petition of thc Selectmen ARTICLE 6: To see if the Town will vote to authorize the Treasurer, with the ap- proval of the Selectmen, to borrow in anticipation of the revertue for the next fiscal year, all aa provided by Chapter 44 of the General Laws, Petition of the Selectmen ARTICLE 7: To consider the reports of all Special Commltt~. Petition of the Selectmen ARTICLE g: To see if the Town will vote to authorize the Board of Health to appoint one of its members to the position of Board of Health Physician, as provided by Section 4A of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 9: To see if the Town will vote to appropriate for the use of the Stevens Memorial Library the sum of $10,064, which the Town has recieved from the State under provisions of Chapter 78, Section 19A of the General Laws. Petition. of the Trustees of Stevens Memorial Library ~RTICLE 10: To see if the Town will vote to accept the provisions of chapter 90, Sec- tion 20A ¼ of the General Laws relative to motor vehicle parking violations. (Provisions continuing authorization to the Police Dept. and the Selectmen to establish a schedule of f'mes, appoint a Parking Clerk, and set up a program of collection of fines.) Petition of the Selectmen Favorable action is recommended on this artiol®. 12 ARTICLE 11: To see of the Town will vote to amend the Personnel By-Law, Schedule A, by adding the following position: Parking and Civil Service Clerk at a compensation grade of S-6 and further that the sum of $312.00 be raised and appropriated for the purpose of the article. Petition of the Selectmen ARTICLE 12: To see if the Town will vote to accept the provisions of Chapter 138, Section 12E of the General Laws. (Prohibits nude or other obscene entertainment at premises licensed to sell alcoholic beverages.) Petition of the Selectmen ARTICLE 13: To see if the town will vote to accept the provisions of Mass. General Laws, Chapter 59, Section 5, Clause 17C as revised by Chapter 743 of the Acts of 1981. Petition of Assessors 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 License (Chapter 140, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56} Scale w/capacity over 10,000 lbs, $50.00 ea. Scale w/capacity 5-10,000 lbs. $30.00 ea. Scale w/capacity 1-5,000 lbs. $20.00 ea. Scale w/capacity 100-1,000 lbs. $10.00 ea. Scales/balances 10-100 lbs. $6.00 ea. Scales/balances under 10 lbs. S5.00 ea. Liquid capacity measure of cap. of moro than I ~d. & measures on pumps $2.00 ea. Liquid measuring meter dia./~6 '-1" $~ ,00 ea. Liquid measuring meter dia. over 1" Vehicle tank pump $16.00 ea. Vehicle tank gravity $20.00 ea. Bulk Storage $40.00 ea. Bulk Storage w/cert, prover $20.00 es, Taximeter $8.00 ea. Device to determine linerar or area $5.00 ea. 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) $5.00 ea. All weights & other measures $1.00 ea. Petition of the Selectmen ARTICLE 15: to see if the Town will vote to authorize the Selectmen to establish and set charges for ambulance service for non-residents only, said charges to be no greater than the cost of providing the service. Petition of the Selectmen ARTICLE 16: '[o see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, eminent doamain, or otherwise, a parcel of land located between River- view Street and the Merrimack River, in particular bounded and described as follows: Beginning at a point on the westerly side of Riverview Street at the northwesterly point of the premises to be granted herein: thence westerly 20 feet :t: to the Gochichewlck Brook, so-called, thence following the center of said Brook to the Merrimack River to the Sutton's Mill raceway: thence up said raceway to a point southwesterly to a corner of the granted premises; thence turning and running southwesterly 48.5 feet :l: to said brook: thence continuing northeasterly 110 feet ±to said point of beginning. Meaning and intending to convey a portion of Lot 4 and all of Lot 5 as shown on the plan of taking number 6248 by the Greater Lawrence Sanitary District in 1970. Acquisition is for the purpose of installation of a boat ramp for access re the Merrimack River. Funds are available from the HUD-Community Development Block Grant. Petition of the Selectmen Recommendation to be made at Town Meeting. Favorable action is recommended on this article. No recommendation. Favorable action is recommended on this article. Favorable action is recommended on this article. Favorable action is recommended on this article. 13 ARTICLE 17: To see if the Town will vote to acquire, by gift or grant, an easement on Steven's Road (owned by Kenics Corp.) and on property adjoining Steven's Road (owned by Dr. Lentini), for use as a public right of way to be used for all purposes for which a public way is commonly used such as streets, drainage, utilities and other. Petition of the Selectmen ARTICLE 18: To see if the Town will vote to amend its Personnel By-Law by ddeting in its entirety the present By-Law, and inserting in place therefor the following: (The actual text is not reproduced here because of the costs. The text is, however, included in warrants posted throughout the Town and copies are available at the Town Clerk's Office and Library. A summary of the changes is included below.) SUMMARY The proposed revision of the Personnel By-Law establishes a personnel management system to recruit, select, develop, and maintain a workforce based on merit and fitness. No changes are made to the salaries and benefits of the employees and the provisions of Civil Service law and collective bargaining agreements will continue to supereede the By-Law. Some of the major provisions of the By-Law include the following: 1. Establishes a Personnel Board responsible for the overall administration of the Personnel By-Law and whose membership is as follows: 3 - Citizens (Two appointed by the Moderator and one by the Selectmen) I - Selectmen I - Advisory Committee Member I - Employee Representative (non-voting member) 2. Provides for a Personnel Director appointed by the Personnel Board to assist the Board in the performance of their day-to-day administrative responsibilities. 3. Requires written performance evaluations for all employees, which shall serve as the basis for merit raises and promotions. 4. Establishes a procedure to ensure that any employee appointed to a position under the By-Law meets at least the minimum qualifications. The Personnel Board will review the applications for a position and certify to the appointing authority the candidates who meet the minimum qualifications. In some cases the Board may administer written, oral, or practical exams or use some other measures to determine the most competent individuals. This would be parti- cularly true for higher level positions where the Board may want to certify only the top candidates, in which case it must certify at least the top four, Establishes a grievance and appeals procedure for employees. This protects an employee who is being disciplined or removed for reasons other than job perfor- mance. The Personnel Board will act as an indep~dent arbites. Petition of the Personnel Board ARTICLE 19: To see if the town will Vote to raise and appropriate thc sum of $ to be expanded under the direction of the Personnel Board for the salaries and ex- panses of a new central Personnel Office. Petition of the Personnel Board Article 20: To see if the Town will vote to approve the removni of the office of Chief of Police from the provisions of Chapter 31 of the General Laws, (Civil Service Law) upon the completion of service of the present permanent incumbent, if any, and authorize the Selectmen to submit a home rule petition to the Le~islatnse to accomplish the purpose of this article. Petition of the Selectmen ARTICLE 21: To see if the Town will vote to raise and appropriate the sum of $10,000, to be expended under the direction of the Personnel Board for personnel con- suiting services including independent survey of the salaries and classifications of ail Administrative Employee Library Personnel and Elected Officials. Petition of the Personnel Board ARTICLE 22: To see if the Town will vote to amend Schedule B and Section 8 of the Personnel By-Law by adding three additional steps to each compensation grade by the same percentages as the preceding steps and raise and appropriate the sum of $ for the purpose of this article, Petition of Jean W. Fogarty and others. 14 Favorable action is recommended on this article. Favorable action is recommended on this a~ticio. Unfavorable action is recommended on this arti- cle. Reoommend~iofl to I~ mede at Town Meeting. Recommendation to be made at Town Meeting. Reconsmenda~on to be mede at Town Meeting. ARTICLE 23: To see if the town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule B included in Section ? of its Personnel By*Law by increasing all of the salary rates listed therein by % excluding, however, the compensation of those town Employees whose renameration is to be established by the collective bargaining process. Petition of the Personnel Board ARTICLE 24: To see if the town will vote to raise and appropriate the sum of S for the purpose of amending Section 8 of its Personnel By-Law (part-time positions classified in clerical group by increasing the salary therein by %, Petition of the Personnel Board ARTICLE 25: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Section 9 of its Personnel By-Law (Part-time positions classified in Library Group by increasing the salary rates listed therein by %. Petition of the Personnel Board ARTICLE 26: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increasing the compensation listed herein by ~ for the positions of Reserve Patrolmen, School Crossing Guards, Assistant Supervisor (Bathing Beach), Supervisor (Bathing Beach), lifeguard-Bathhouse Attendant and Mini- Bus Operator for the Elderly. Petition of the Personnel Board ARTICLE 27 to see if the Town will vote to amend the Personnel By-Law Schedule B (Miscellaneous Compensation Schedule) by adding the position of Mini-Bus Operator for the Elderly at a yearly compensation of $6,000. Petition of the Personnel Board ARTICLE 28: To see if the Town will vote to amend the Personnel by-Law Schedule E of Section 7 (Miscellaneous Schedule) by increasing the compensation of Custodial Worker to $75.00 per week. Petition of the Personnel Board ARTICLE 29: To see if the Town will vote to raise and appropriate the sum of $500.00 for thc purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increasing the compensation of Gas Inspector to $2,000. Petition of thc Personnel Board ARTICLE 30: To see if the Town will vote to add to the Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) the position of "Municipal Summer Help" at a compensation rate of W-1 Minimum less $.25. Petition of the Personnel Board ARTICLE 31: To see if the Town will vote to raise and appropriate the sum of $1,047.00, to be expanded under the direction of the Fire Chief for the purpose of amen- ding Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increas- ing the compensation of Call/Firefighter Spare Driver from $851.00 to $1,998.00 per year. Petition of the Personnel Board ARTICLE 32: To see if the Town will vote to raise and appropriate the sum of $218.00 to be expended under the direction of the Fire Chief for the purpose of amending Schedule E of Section 7 of the Personnel By-Law (Miscellaneous Schedulel by increasing the compensation of Call Firefighter from $441.00 to $759.00 per year. Petition of the personnel Board ARTICLE 33: To see if the Town will vote to amend Section 18K of the Personnel By- Law by striking "HARDSHIP DAY - Emergency leave of one (1) day per year may be allowed an employee for personal reasons other than Sick Leave as provided in this section. A hardship day is subject to the same provismns of this section and is deduct- ible from an employee's unused sick leave" and inserting in its place: "One personal day per year may be allowed an employee for personal reasons other than sick leave." Petition of the Personnel Board 15 It is recommended that tho Town vote to raise and appropriate the sum of $41.636.00 for the purposes el this article. It is recommended that the Town vote to raise and appropriate the sum of $3,247.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $2,812.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $4,650.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $100.00 for the pur- poses of this article. Favorable action is recommended on this article. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. ARTICLE 34: To see if the Town will vote to raise and appropriate the sum of $. , to be expended under the direction of the Selectmen for the purpose of imple- menting collective bargaining agreements reached with Town contractual employees. Petition of the Selectmen ARTICLE 35: To see if the Town will vote to raise and appropriat~ the sum of $13,193.00, to be expended under the direction of the Selectmen for the prupose of amen- ding the Personnel By-Law, Schedule A, by adding the position of Building Maintenance Craftusmen with a compensation grade of S-10. Petition of the Selectmen ARTICLE 36: To see if the Town will vote to authorize the Selectmen to appoint a study committee of five (~) residents to investigate and make recommendations concerning the advantages or disadvantages of changing or modifying the organizational structure and relationships between the Highway, Public Works, and Tree Departments so as to provide for the maximum possible coordination and use of available equipment and manpower and further, that said committee shall, at the next Annual Town Meeting, submit its recommen- dations along with any necessary warrant articles. Petition of the Selectmen ARTICLE 37: To see if the Town will vote to raise and appropriate the sum of $20.000.00, to be expended under the direction of the Selectmen for the purpose of mak- lng improvements to the electrical system in the Town Office Building. Petition of the Selectmen ARTICLE 38: To see if the Town will vote to raise and appropriate the sum of $9,000.00, to be expended under the direction of the Sdectmen for the purpose of purchas- lng office equipmem and furniture for the Town Office Building. Petition of the Selectmen ARTICLE 39: To see if the Town will vote to raise and appropriate the sum of $36,000.00, to be expended under the direction of the Selectmen for the purpose of put- chasing four (4) new police cars and four (4) cars to be turned in, in trade, and all equip- ment to be changed over such as police radios, sirens, and similar accessories. Petition of the Police Chief ARTICLE 40: To see if the Town will vote to raise and appropriate the sum of $28,000.00, to be expended under the direction of the Police Chief for the purpose of hiring two (2/ additional patrolmen. Petition of the Police Chief ARTICLE 41: To sec 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 firsl 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 solidtors 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 viohtion 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 ($50.00), and may be subject to arrest by a Police Officer. Petition of thc Police Chief It i$ recommended that the Town vote to reian and appropriate the sum of $179,817.00 f~' th~ purposes of this article. Recommendation to be made at Town Meeting. It is recommended that a study oomm~ttue of five 151 residents investigate and make recantmande- tiona concerning the advantages or disadvan- tages of changing o~ modifying the orgonlzetlonal structure and relationships between the High- way, Public Works and Tree Departments, so aa to provide for the maximum possible nonrdinotion and uae of available equipment and-manpower, and further that the Town vote to authorize the Highway Surveyor, the Board of Public Winks and the Tre~ Warden to each name one resident to said committee, and the Selectmen to name the remaining two residents to this committee, and further, that said committee shall, at the next Annual Town Meeting, submit its recommenda- tions along with any necessary warrant artlclss. Favorable action is recommended on this article. It is recommended that the Town vote to raise and approp*iats the sum of $5,000.00 for the purposes of this article. Favorable action is recommended on this article. Favorable action is recommended on this reticle. Favorable action is recommended on this article. 16 ARTICLE 42: To see if the Town will vote to raise and appropriate the sum of $1,7000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing a vehicle for the use of the Dog Officer in the performance of his duties. Petition of the Selectmen ARTICLE 43: To see if the Town will vote to raise and appropriate the sum of $7,200.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing 3,000 feet of 3-inch hose to fully equip Engines I & 2. Petition of the Board of Fire Engineers ARTICLE 44: To see if the Town will vote to raise and appropriate the sum of $14,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of replacing 14 SCBA (Self Contained Breathing Apparatus} which are old, worn out, and no longer dependable. Petition of the Board of Fire Engineers ARTICLE 45: To see if the Town will vote to raise and appropriate the sum of $10,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing a used Elevating Platform Truck to be used in the service, maintenance, and extension of the Town Fire Alarm System. Petition of the Board of Fire Engineers ARTICLE 46: To see of the Town will vote to raise and appropriate the sum of $57,000.00, to be expended under the direction of the Board of Fire Fighters, who have passed qualifying Civil Service physical and mental examinations, ail in accordance with Civil Service Rules and Regulations. Petition of the Board of Fire Engineers ARTICLE 47: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, two parcels of land owned by the Boston and Maine Corporation, in particular bounded and described as follows: Parcel l--Beginning at a point on the easterly side of Main Street at the Southern point of the premises to be granted herein; thence northerly 50 feet more or less; thence easterly 325 feet more or less to the Cochiciwick Brook; thence southerly 50 feet more or less; thence westerly 325 feet more or less to said point of beginn- ing. Meaning and intending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 20-7. Parcel 2:--Beginning at a point on the westerly side of Main Street at the southern point on the premises to be granted herein; thence northerly 50 feet more or less; thence westerly 300 feet more or less; thence southerly 50 feet more or less; thence easterly 300 feet more or less to said point of beginning. Meaning and in- tending to convey the property owned by the Boston and Maine Corporation az shown on their map V2M-25A as parcel number 3. This property is to be used for parking and open space purposes in conjuction with improvements in the downtown asea and any costs incurred for this project will be paid from federal community development block grant funds. Petition of the Selectmen ARTICLE 48: To see if the Town will vote to authorize the Board of Selectmen to quire by purchase, lease, gift, grant, eminent domain, or otherwise, land owned by Andrew and Scan M, Cashman at 4 Main Street in North Andover, Mass. to be used for street im- provements as part fo the Urban Systems Safety Improvement Project at Main and Sutton Streets. The land in particular is bounded and described as follows: Beginning at a point on the easterly sideline of Main Street at the most southerly point of the existing Main Street driveway opening nearest the intersection; Thence along Main Street thirty-four (34) feet more or less to the point of intersection with Sutton Street; Thence northeasterly along the easterly side of Sutton Street thirty-four (34) feet more or less to a point; Thence along a curve deflecting to the left a radius of forty-four (44) feet a distance of sixty (60) feet more or less to the point of beginning. Said proposed parcel contains approximately 300 s.f. more or less. This property is to be used in conjunction with improvements in the downtown area ·nd any costs incurred for this project will be paid from federal community develop- mant block grant funds. Petition of the Selectmen 17 Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $11,400.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. No recommendation. No recommendation. ARTICLE 49: To see if the Town will vote to raise and appropriate the sum of $3,500.00 to be expended under the direction of the Selectmen for the purpose of conver- ting the fuel pumps at the Town Garage to a key system so that each Town department can account for its own fuel use. Petition of the Selectmen ARTICLE 50: To see of the Town will vote to raise and appropriate the sum of $30,000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing furnishings for the new senior center. Petition of the Selectmen ARTICLE 51: To see if the Town veil[ vote to raise and appropriate the sum of $200,000.00 to be expended under the direction of the North Andover school Committee for the purpose of installing a new roof at North Andover Middle School. Petition of the North Andover School Committee ARTICLE 52: To see if the Town will vote to raise and appropriate the sum of $9,500.00, to be expended under the direction of the North Andover School Committee for the purpose of replacing the oil burner at the Kittredge School. Petition of the North Andover School Committee ARTICLE 53: To see of the Town will vote to raise and appropriate the sum of $20,000.00 to be expended under the direction of the Tree Warden for the purpose of pur- chasing a new dump truck to replace a 1976 dump truck. Petition of the Tree Warden ARTICLE 54: To see if the Town will vote to raise and appropriate the sum of $875,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of constructing a new seven million gallon storage reservoir on town property at the Town Farm on Dale Street and replacing the old six inch cast iron water main on Dale Street and Appleton Street from Salem Street 4200 feet to the Town Farm. Petition of the board of Public Works ARTICLE 55: To see if the Town will vote to raise and appropriate the sum of $140,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing six inch cast iron w~ter main oo Salem Street from Stevens Street to Marbleridge Road, a distance of 3500 feet with a new twelve inch ductile iron ce- ment lined water main. Petition of the Board of Public Works ARTICLE 56: To see if the Town will vote to raise and appropriate the sum of $30,000.00, to be expended under the direction of the Board of Public Works for the purpose of constructing test wells in the southwesterly section of town and conducting prolonged pump tests in accordance with state regulations for development of addi- lionel water supplies. Petition of the Board of Public Works ARTICLE $7: To se~ if the Town will vote to raise and appropriate the sum of $16,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of rep[acing the existing automatic pump control system at the North and South pum- ping stations with a new solid state pump control system. Petition of the Board of Public Works. ARTICLE 58: To see if the Town will vote to accept the following act which has been submitted to the legislature of the Commonwealth of Massachusetts: AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO TAKE WATER FROM THE MERRIMACK RIVER. SECTION 1: The Town of North Andover, in accordance with such conditions as may be set forth by the department of environmental quality engineerin~ and the water resources commission hereby authorized to take, hold and convey into and throughout is said municipality, from the Merrimack rive~ at an approved point within said municipality, without liability to any compensation or other damages than the Gommonwea]th itself would be [egnily liable to pay, sufficient water for the use of said municilmlity and the in- habitants therefor for the extinguishment of fires, domestic use, human consumption, irri- gation, industrial, commercial and other purpo~ not to exceed 12 million gallons per day; and to also take and hold, by pnschas or otherwise, land in said municipality for sinking wells or making excavations in order to obtain water by filtration or percolation, or from subterranean streams, and to construct such works as may be nece~sar~ lherefor; and to lay and maintain reservoirs or canals and such other work as may he deemed necessary or pro- 18¸ Recommendation to be made at Town Meeting. Recommendation to bo made at Town Meeting. It is recommended that the Town vote to raise and appropriate the sum of $150,000.00 for the purposes of this article. Unfavorable action is recommended on this a~ti- cie. It is mcommendad that the Town vole to raise and appropriate the sum of $11,000,00 for the purposes of this article, one 1976 Dump Truck to be traded and that the balance of funds form Arti- cle 61 of the 1981 Town Warrant be transferred and applied toward the purchase of said vehicle. Unfavorable action is recommended on this arti- cle, Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. Favorable action is recommended on this article. Favorable action is recommended on this erticla. per for conveying, raising, forcing, retaining, distributing, or disposing of said water in such a manner as may he deemed in the public interest· The rights of the Essex Company, as granted by Chapter one hundred and sixty-three of the acts of eighteen hundred and forty-five, and the rights of any successor to such eom- puny are preserved insofar as these rights ruay be exercised in a manner reasonable and con- sistent with the public interest and the proper utilization of the Merrimac river as determin- · ed by the department of environmental quality engineering and the water resources com- mission provided that there shall be adequate flownge of the river to supply the city of Lawrence, and the city known as the town of Methuen, and the town of Tewksbury and the Town of North Andover. SECTION 2: This act shall take effect upon its passage. Petition of the Board of Public Works ARTICLE 59: To see if the Town will vote to raise and appropriate the sum of $85,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the sewer from the intersection of Marbleridge Road and Salem Street northwesterly along Salem Street 500 feet and continuing across the Ridgewood Cemetary proper~y 1200 feet to Johnson Circle and removing the existing sewer pump station. Petition of the Board of Public Works ARTICLE 60: To see if the Town will vote to raise and appropriate the sum of $3,500.00, to be expended under the direction of the Board of Public Works for the Our- pose of purchasing and installing playground devices at the Thomson School. Petition of the Board of Public Works ARTICLE 61: To see if the Town will vote to raise and appropriate the sum of $7,000.00, to be expended under the direction of the Board of Public Works for the put- pose of paving the entry way to the Middle School from Main Street. Petition of the Board of Public Works ARTICLE 62: To see if the Town will vote to raise and appropriate the sum of $27,250.00, to be expected under the direction of the board of Public Works for the put- pose of purchasing the following equipment: 1 - 1982 - One ton dump truck 1 - 1982 - Tractor with front end loader I - 34" Gravely snowblowcr I - 1973 dump truck and I - 1968 tractor and loader to be traded. Petition of the Board of Public Works ARTICLE 63: To see if the Town will vote to raise and appropriate the sum of $ to be expended under the direction of the Board of Public Works for the pur- pose of acquiring by purchase, eminent domain, or otherwise and easement in land for in- stallation of public utilities including but not limited to sewer water, surface drain, etc. In the land hereinafter described: Beginning at a point on the easterly sideline of Sandra Lane which is two hundred and ihirty five and no hundredths ~235.00) feet soutbedy from a stone bound along a curve whose radius is four hundred fifty and no hundredths (450.00) feet; thence rum- lng and running S87 °-54'-44"E a distance of fifty and no hundredths (50.00) feet to a point; thence turning and running S47 °-54'-44"E a distance of eighty one and seventy three hundredths (81.73) feet to a point; thence turning and running S-76 °-20'-01"E a distance of two hundred forty and thirty two hundredths (240.32) feet to a point; thence turning and running S40 °-37'-35"E a distance of seventy five and twenty nine hundredths (75.29) feet to a point; thence turning and running S03°-02'-40"E a distance of twenty and twenty one hundredths (20.21) feet to a point; thence turning and running N03 °-02'-40"W a distance of sixty two and five hundredths (62.05) feet to a point; thence turning and running N76°-20'-01"W a distance of two hundred six- ty six and thirty two hundredths (266.32) feet to a point; thence turning and running N47°-54'-44"W a distance of thirty five and no hundredths (35.00) feet to a point; thence turning and running S87 °-54'-44"E a distance of fifty five and thirty four hun- dredths (55.34) feet to Sandra Lane: thence turning and running northerly along a curve whose radius is four hundred fifty and no hundredths (450.00) feet a distance of forty three and forty six hundredths 03,46} feet to the point of beginning. Meaning and intending to convey a twenty foot utility easement through lots 18, 19, and 20 on Sandra Lane as shown on PLAN OF LAND IN NORTH ANDOVER, MASS. scale 1" =40' August 4, 1980 DANA F, PERKINS & ASSOC. INC. CIVIL ENGINEERS AND SURVEYORS READING--LOV~ELL, MASS. ARTICLE 64: to sec if the Town will vote to raise and appropriate the sum of $200,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the 12" water main on Campbell Road from Salem Street to Ash Street. Petition of Arthur Fundeldian and others 19 Unfavorable action is recommended on this arti- cle. Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $11,000.00 for tha purpose of purchasing one 1982, one-ton Dump Track, a 1973 Dump Truck to be traded. Recommendation to be made at Town Meeting. Unfavorable action is recommended on this arti- cle. ARTICLE 65: To see if the Town will vote to raise and appropriate the sum of $63,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the water main from it~ present terminous 1300 feet toward Sharpeners Pond Road. Petition of Jane Richards and others ARTICLE 66: To see if the Town will vote to raise and appropriate the sum of $16,498.00, to be expended under the direction of the Highway Surveyor for the purpose of Matching State Funds under Chap. ff/32. Said amount to be added to Art. tM7, 1981, Chap, gg0, to make accurate amount, 100% reimbursable upon receipt, to be restored to available funds. Petition of the Highway Surveyor ARTICLE 67: To see if the Town will vote to raise and appropriate the sum of $85,723.00, to be expended under the direction of the Highway Surveyor for the pur- pose of matching State Funds under Chap. ff351, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 68: To see if the Town will vote to raise and appropriate the sum of $51,208.00, to be matching State funds under Chap. #732, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 69: To see if the Town will vote to raise and appropriate the sum of $100,000.00, to be expended under the direction of the Highway Surveyor for thc purpose of resurfacing, oiling, repairing and maintaining streets in the Town. Petition of the Highway Surveyor ARTICLE 70: To see if the Town will vote to raise and appropriate the sum of $148,900.00, to be expended under the direction of the Highway Surveyor for the purpose of purchasing the following equipment: One new Chassis for Sand Spreader, $7,500.00, no trade; new Dump truck, $44,200.00, 1971 Dump Truck to be traded; new Street Sweeper, $67,500.00, 1974 Wayne Street Sweeper to be traded. Petition of the Highway Surveyor ARTICLE 71: To see if the Town will vote to transfer the amount of $14,14~.69, from Art. 29, 1972, Annual Town M~eting for the purpose of constructing a shelter at the Sharp. ner's Pond Road disposal site, Petition of the Highway Surveyor ARTICLE 72: To see if the Town will vote to rais~ and appropriate the sum of $15,000.00, to be expended under the direction of the Highway Surveyor for the purpose of installing drainage in problem areas throughout the Town. Petition of the Highway Surveyor ARTICLE 73: To s~: if the town will vote to raise and appropriate the sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the put- pose of installing new, and repairing existing sidewalks. Petition of the Highway Surveyor ARTICLE 74: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of making and replacing street signs throughout the Town. Petition of the Highway Surveyor ARTICLE 75: To see if the Town will vote to raise and appropriate the sum of $5,000.00. to be expended under the direction of the Highway Surveyor for the purpose of erecting and replacing guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE 76: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing existing catch basin frames and gates which are smaller than standard size. Petition of the Highway Surveyor 2O Unfavorable action is racomm~tdod on this 8fli- cie. Fevurabio actinfl is recommended on this article. Favorable ectiofl b rocorumend~d err this article. Favorable action is recommended on this article: It is recommended that the Town vote to raise and appropriate tho sum of $72,000.00 for the purposes of this article. It ia recommended that the Town vote to raise and appropriate the sum of $81,400.00 for the purposes of purchasing one new chassis for a send spreader, one new sand spreader and one new dump truck. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $10,000.00 for the puq)oses of this article. It ia recommended that the Town vote to raise and appropriate the sum of $2,500.00 for the purposes of this article. Favumble action is recommended on this article, It is recommended that the Town vote to raise and appropriate the sum of $2,000.00 for the purposes of this article. Fevnrabic action Is recommended on this article. ARTICLE 77: To see if the Town will vote to raise and appropriate the sum of $1,500.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing and erecting new regulatory signs throughout the Town. Petition of the Highway Surveyor ARTICLE 78: To see if the Town will vote to raise and approprime the sum of $18,000.00, to be expended under the direction of the Highway Surveyor for the purpose of having our 1969 Austin-Western Grader re-conditioned. Petition of the Highway Surveyor 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 thc 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 comrot, storm damage, water pollution, fisheries, wildlife, recreation, and esthetics. 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 towage, 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 periods have elapsed. Such notice shall be scm 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 dieretion, 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 re 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, public or quasipublic corporation or body, or any other legal entity or its iegal 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 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 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 conugans 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 ma:/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 the citizens of North Andover and to be performed or ordered to be performed by an asministrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Conservation' Commission if this bylaw and Massachusetts General Laws, Chapter 152, 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, Chap~r 40, Section 21. Each day or portion thereof during which a violation continues shall constitute a seperate offedse; if more than one, each condition violated shall con- stitnte 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. 21 It is recommended that the Town vote to raise and appropriate the sum of $1,000.00 for the purposes of this article. Favorable action is reanmmendad on this article. No recommendation. 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 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 ~ 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. Petition of the North Andover Conservation Commission ARTICLE 80: To see if the Town will vote to amend i~ zoning By-Law by changing 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: Beginning at a point on the Eastecly boundary of the Merrimac River at land N/F of James and Katrina (}riva; 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 We~teru boundery of Rivarview Street; thence ~ North- westerly a distan~:¢ 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 old00 feet, more or less, along the easterly boundary of the M_errimac River to the point of heginniag. Parcel 2 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 Northenstcrly by said centerliue of Sutton Street a distance of 130 feet, more or les.% to a point; thence running Westerly more or less, to a point on the Easterly line of the B & M Railroad a distance of 130 feet, more or leas, to the centerline of North Main Street. No recommendation. 22 Pased 3 i~ginning at a point on the Easterly line of the B & M Railroad and the centerline of North Main Street; thence running Northwesterly by said'centerline of North Main Street a distance of 105 feet, mom 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 Kmiee; thence running Westerly 65 feet. more or less, by Kmiec to n point; thence running 110 feet, more or less, by said land of Kmiec 105 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 Mer- rimack River to the Western lot line of land N/F of Iviazarakis Family Trust; thence running Southeasterly by said land of Mazarakis Family Trust a dist~ce of 34.5 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 ]and owned N/F of San-Lan Realty Trust to n 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 ARTICLE 81: To sec if the Town will vote to amend the Zoning By-Laws by adding the following to Section 2: 2.78 Public Parking Area A parking area owned and maintained by the Town of North Andover. Petition of the Planning Board 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 carryin8 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 he used for parking purposes in conjuetion with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. No recommendation. No recummandation. 12.2 Purpose The purpose of the 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. Promotes more efficient usc 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 m the submission of un 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 f'fle a preliminary plan accompanied by the form titled "Sub- rmssion of Preliminam 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 23 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 fails 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- ment. d) The approximate boundery lines of existing and propor~xi lots with approx- imate areas and dimensions. e) The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f) Existing and proposed open space in a general manner. g) An analysis of the natural features of the s'~e, including wetlands, floodplains, slopes over 120h, soil conditions, and other features requested by the Planning Board. h) A description of the neighborhood in which the tract lies, including utilities and other public facilities and the general impact of the proposed PUD upon them. i) A summary of environmental concerns relating to the PUD. 3. 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 thc Preliminary Plan: Planned Development District" (a through and including i) shall he 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 ]and surveyor, professional engineer, or architect. The scale, date, and north arrow shall be shown. d) The plan shall be certified by thc 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. hl 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. The dimensions ({f the existing and proposed buildings in feet. The distance of existing and proposed buildings from the lot lines and the distance between buildings on thc same lot. Percent of thc lot coverage. Average finished grade of each proposed building. The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building. Existing and proposed topographical lines at two-foot intervals. The use designation of each building or Imrt thereof, and of each section of open ground, plaza, or usable roof space. Numbering of parking spaces. J) k) 1) m) n) o) p) 24 r) s) t) u) Height of all proposed buildings, above average finished grade of abutting streets. Number of apartments, meeting rooms, and restaurant and theater. Total square feet of floor space of ail landscape and recreation areas, and depiction of materials to be used (grass, 5-foot shrubs, etc.). Deed or other recorded instrument that shows the application to be the owner under option of the land to be designated as a Planned Develop- 12.4 Minimum 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. lf more than 25% of the PUD is located within a residentiai district, at least 51% of the building area and a~essory facilities in the PUD shall be used for residen- tim 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 sce~.ic areas are designed zo be visually compatible with the natural or historical chara~eristics. 6. The project does not adversely effect the natural environment to the detriment of community character and public health and safety. 12.5 Permitted Uses In a Planned Unit Development. the following uses are permitted: I. Residential a} Detached l, 2, or 3-family residential structures b) Apartment houses c) Town Houses 2. Business a) Restaurant b) Theater. Museums ¢) 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 fJ Personal services g) Recreation Indnstriai Use a) Any uses which the Planning Board determines are not injurious to the safety or generai welfare of the area. 12.6 Area Regulations PUD Site Area No PUD shall be permitted on a site of less than 60,000 sqffare 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 uae 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 shah be protected by a conservation restriction as required by G.L. Chapter 40A, Section 9 for common open space in cluster developments. A covenant 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. 25 Setback Requirements Insofar as the PUD abuts a residential district, nil proposed structures and facilities within the PUD shnil be set back not less than 25 feet from adjacent property lines by means of a buffer, fencing, setbacks, or appropriate landscaping. 12.? Relation to Subdivision Control Act Approvni of a Specini 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 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 estage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by deleting Paragraph 2.75, driveways, the following words after the phrase, "except by Special Permit", and by ad- ding the phrase, except as nilowed by Specini Permit granted by the Planning Board. Petition of the Planning Board ARTICLE 84: To see if the Town will vc~e to amend its Zoning By Law by adding the following to Section 2: 2.'/6 Planned Development District 1. Planned Unit Development (PUD) A planned unit development shall mean develolmm~nt of an area of land as single entity, in which a mixture of residential, open space, commercini, and/or in- dustrini 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 from the normal requirements of the district in which the PUD is to be located, to the extent authorized by this Zoning By Law. Usable Open Space The part or parts of land or structure within a PUD which are reserved for active or passive recreation use. This space shnil exclude parkin8 areas, driveways, and wnikways and open areas in commercini areas such a cafe~ and shall be open and unobstructed to the sky. Trees, plantings, arbors, fences, sculpture, fountains, swimming pools, open-air recreationni facilities, Laundry apparatos and similar objects shall not be considered obstructions. Petition of the Planning Board ARTICLE 85. To see if the Town will vote to amend its Zoning By Law by adding a new section #13 to read as follows: Section 13 LARGE ESTATE CONDOMINIUM CONVERSION 13. I Purpose The purpose of this subsection is to permit existing dwellings on large tracts of [and in Residence Districts 1, 2, and 3 to be converted to single family condominium dwelling units compatible with such Residence Districts, to create new housing, involving relatively little new construction, to generate tax revenue to the Town, to preserve existing buildings, to preserve the residemini character of the Town and to preserve open space in the Town. In order to provide for development that is compatible with Residence Districts l, 2, and 3, which districts are primarily for single family residences, the conversions to dwelling unitsn 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 I0 acres and with not less than 150 feet of frontage on a public way. No re¢ommondntion. No recommendation. No recommendation. 26 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 bul may be increased in area by the addition of abutting land. The total number of dwelling units that can be created under a condominium conversion Special Permit shall not exceed tn-2) where "n' is the number of aeres 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% 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 for each con- dominium dwelling unil 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 struclures 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 20% 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. 13.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: 1. Proposed Master Deed and proposed plans to be recorded therewith, including floor plans, at least one elevation for each building being converted to dwelling unns, and a site plan for the parcel locating at least each building, roadways, and driveways, parking, recreation facilities, utilities~ and accessory facilities and structures. 2. Proposed by Laws. A sample proposeO~Jnit Deed. 4. A locus plan showing the parcel and all land immediately adjacent thereto, in- cluding nearby bnildings and structures. 5. Such other plans, photographs, models or elevations as the Planning Board shall reasonably deem necessary or appropriate to help understand the proposal. 13.4 Change in Application After a condommmm conversion Special Permit has been granted, any change in the location or use of a building, any enlargement of a building, any material exterior restora- tion, any material change m the use of the open space, or in the facilities or structures thereon, shall not be permitted except upon an amendment to the Special Permit which shall be upon petition to the 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 not substantially derogate from the intent and purpose of this subsec- tion 27 13.5 Review by the Planning Board Prior to recording, a Special Permit granted ~nder this section shall be subject lo the review by the Planning Board of the final plans, and of the Master Deed, and plans to be recorded therewith, 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 Master 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 ARTICLE 86. To see if the Town will vote to amend its Zoning By Law by adding a new section #11 to read as follows: Section 11 RESIDENTIAL CLUSTER DEVELOPMENT DISTRICT IL1 Jurisdiction The Planning Board may grant a Special Permit for cluster development in the Residential 2 and Residential 3 Districts upon the following terms and conditions set forth in this section. 11.2 Pur~ses 1. Promoting the more efficient use of land in harmony with its natural features. 2. Encouraging the preservation of valuable open space. 3. Promoting diverse and energy-efficient housing at a variety of costs. 4. Protecting water bodies and supplies, wetlands, flood-plains, agricultural lands, wildlife, and other natural resources. 5. Promoting aesthetics and other amenities. 6. Promoting all purposes set out in General Laws Chapter 40A and this Zoning By Law. ll.3Regulations The Board shall adopt Regulations for carrying out its duties under this section. 11.4 Procedures Filing an Application Each application for a Special Permit to cluster shall be filed with the Planning Board, with a copy filed forthwith with the Town Clerk, and shall be accom- panied by 12 copies of the application signed by the owner with preliminary plans of Ibc entire tract under consideration, prepared by a Professional Architect, Engineer, or Registered Land Surveyor. Contents of Application Said applications and plans shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land, whether or not the development constitutes a subdivision, and shall include proposed location, bulk and height of all propos- ed buildings. In addition, the applicant shall provide the following information: a) The number of dwellings which may be constructed under this by-law shall be computed h~' dividing 90% of the total land area of the tract for the minimum lot area specified by existing zoning requirements. Total land area shall be exclusive of waterbodies and land prohibited from develop- ment by legally enforceable restrictions, easements, or covenants. b) An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year flood, trees over six inches dbh and such other natural features as thc Planning Board may requesl. c) An analysis of the environmental concerns relating to the proposed plan in- cluding but nol limited to impacl on water quality and quantity. d) A description of the neighborhood in which the tract lies, including utilities and other public facilities, and an analysis of the impact of the proposed plan upon them. e) Evaluation of lhe open land proposed within the cluster, wilh respecl Io size, shape, location, natural resource value, and accessibility by residents of the town or of the cluster. No recommendation. 28 f) The submitted plan shall delineate all areas subject to the Wetlands Prolec- tion Act (M.G.L. Chapter 131, S. 40. as amended1 and all slopes having a grade of greater than 15%. Said delineation to be performed by a ground instrument survey. g) The submitted plan shall have been prepared from an on-the-ground instru- ment survey or from an aerial photographic survey and certified to by a Registered Land Surveyor that the topographic survey is accurme to within one-half of the contour interval. All plans shall show a two-foot contour in- terval and as far as practical be at a forty foot'to an inch scale. Review of Other Boards Before acting upon the cluster application, the Board shall submit the plans to the following Boards, which may review il jointly or separately: The Board of Health, the Conservation Commission. the Board of Selectmen, the Board of Public Works, and the Highway Surveyor. Any such Board or agency to which petitions are referred [or review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant. Failure to make recom- mendation within 35 days of receipt shall be deemed lack of opposition. Public Hearing After the opportunity for review by other Boards has taken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Chapter 40A. Section 9 and the Zoning By Laws and Regulations of the Planning Board. Relation to Subdivision Control Act Planning Board 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 plans for subdivision, nor reduce any time periods for Board consideration under that Act. However, in order to facilitate process- ing, the Planning Board shall, insofar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and ap- plication which shall satisfy ths section and the Board's regulations under the Subdivision Control Act. 11.5 Findings of Board The Board may grant a Special Permit under this section only if it finds that thc appli- cant has demonstrated the following: that the cluster plan will be in harmony with the general purpose of the by-law and the requirements of G.L. Chapter 40A, and the long range plan of the town (if any); that it will not have a detrimental impac~ on the neighborhood; will be designed with due consideration for health and safety; and is superior to a conventional plan in preserving open space, minimizing environmental disrup- tion, allowing for more efficient provisions of services, or allowing for greater variety in prices or type of housing. In addition, the plan musl meet the specific requirements of Sec- tions 11.7 and 11.8. 11,6 Minimum Dimensional Requirements 1. The area of tract Io be developed is not less than 10 acres. 2. If the area of the tract to be developed is located in the Residential 3 District then the dimensional reqalremems of the Residential 4 Distric! shall serve as the minimum requirements. 3. If the area of the tract to be developed is located in the Residential 2 District, then the dimensional requirements of the Residential 3 District shall serve as the minimum requirements. 4. Minimum width of open land between any group of lots and adjacent abutting property is 50 feet. 5. Except as specified in a Special Permit granted under this section, all requirements of the Zoning By Laws shall continue to apply. 11.7 Required Open Land 1. The areas of the open land must at least equal the sum of the areas by which the lots are reduced below the mimmum lot area required for conventional develop- ment of thc tract in single family housing and contain at least 25o/a of the entire tract, exclusive of land set aside for building lots, roads, parking and land already subject to legally enforceable covenants or casements. 2. Such open land include area(s) suitable for passive or active recreational use and shall have an area greater than 15% of the total tract. Wetland areas and areas with slopes greater then 15% may not be used to satisfy this requirement. 3. In general, valuable natural resource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should be conveyed to 29 the town or to a trust; whereas land which will be principally used by lhe residents of the cluster should be conveyed to a homes association. The open land and other such facilities as may he held in common shall be con- veyed to one of the following: a) Tu a corporation or trust comprising a home association whose member- ship includes the owners of all lots or uhits contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Tuwn of North Andover over such land pursuant to M.G.L. Chapter 182, Section 31-33, to insure lhat such land be kept on an open or natural state and not be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conse~ation Commission in any proceeding aulhorized by Section 33 of Chapter 184 of M.G.L. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homes association is capable of assuming said responsibility. In order to insure that the associa- tion will properly maintain the land deeded to il under this section, the developer shall cause to be recorded at the North Essex Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum pro- vide the following: I. mandatory membership in an established homes association, as a require- ment of ownership of any lot in Ihe tract; 2. provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homes association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the owner of any lot. 3. provision which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will not terminate by operation of law. b) To a nonprofit organization, the principal purpose of which is the conser- vation of open space. The developer or charity shall grant a conservation restriction as set out in (a) above. c) To the Conservation Commission of the Town of North Andover for park or open space use, subject to the approval of the Selectmen, with a trust clause insuring that it be maintained as open space. 4. Subject to the above, if any such open space is to be used for active recreational purposes including but not restrictive to tennis courts, gardens, swimming pools, it must be held in home owners trust. Such land area will not be wetlands and shall not exceed 20% of the total tract or ~A acre, whichever is larger. 1 l.g Further Requirements 1. No use other than residential or recreational shall be permitted. 2. No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown upon the plan. 3. No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Planning Board that the prenlises have been built in accordance with the plan approved by the Board hereunder. 4. The Board may impose other conditions, safeguards, limitations on time and use, pursuant to its requirements. 5. The Board may grant a Special Permit hereunder for clustering even if the pro- posed development is not subject to the Subdivision Control Law. 6. Except insofar as the subdivision is given 5 years' protection under G.L. Chapter 40A, Section 6, Special Permits granted under this section shall lal~e within two (2) years, excluding time required to pursue or await the determination of an ap- peal, from the grant thereof, if a substantial use has not sooner commenced or if construction has not begun, except that the Planning Board may grant an exten- sion for good cause and shall grant an extension if the delay was caused by the need to seek other permits. 7. Subsequent to granting of the permit, the Planning Board may permit relocation of lot lines within the cluster. However, any change in overall dansity, street layout, or open space layout will require further hearings. 8. A Special Permit will not be considered or granted for any tract of land in the Residential 2 District unless said tract of land is presently serviced by town water or will be provided at the expense of the applicant. 9. A Special Permit will not be eousidered or granted for any tract of land located in the physical watershed of Lake Cochichewick. 10. A Special Permit will not be granted unless the rate of surface runoff is not in- creased by the proposed development for the one in one hundred year 24 hour rainfall event, tn addition, the applicanl must demonstrate that methods have been incorporated in order to control the increase in the volume of runoff for a one in one hundred year 24 hour rainfall event. Wetlands areas will not be dredged in order to control the rate and volume of surface runoff. 11. Each lot shown on the submitted plan shall nor contain more than a 10% wet[ands and/or areas within the 100 year flood plain. 11.9 Optional Deuslty Bonus' 1. Notwithstanding the limitations set out above, the Planning Board, if it deems it otherwise advisable to do so, may as a provision of a Special Permit issued hereunder authorize increases in the permissable density (i.e. increase in number of lots) in Ihe proposed cluster, providing that the number of units within the tract shall not be increased more than 15 % over what would otherwise be permit- ted with the cluster, if the applicant provides one or more of the following: a) units of affordable housing up to 10%, one additional building lot per unit. b) traffic or pedestrian improvements (e.g. bike paths, bridle paths) up to 5%. c) open space which is landscaped or has unusual value to the community or to the residents or comprises an unusually large percentage of the tract, up to 5%. 2. Such density/intensity bonus may include lots submitted under the bonus option as affordable housing units be so designated at the time of the submisson of the plan. Said lots will each be received by a supplemental covenant issued to the Planning Board which will not be released until such time that the requirements specified under the affordable housing unit definition arc satisfied. If in the event the requirements are not met in four (4) years, the bonus option is automatically revoked and the designated lots will he deeded as open space within the clustered aren. Petition by the North Andover Planning Board ARTICLE 87. To see if the Town will vote to amend the Zoning By Law by adding the following to Section 2. 2.77 Residential Cluster Development DiMfict I. Cluster Development An option which permits an applicant to build single-family dwellings with reduced lot area and frontage requirements so as to create a developmem in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land, 2. Homes Association A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common. 3. Open Land open space within a cluster development. 4. Wetlands areas characterized by vegetation described in Chapter 131, Section 40. 5. Affordable Housing Units (AHU) new dwelling units, including the lot, which are sold at a price thirty three percent (33%) below the average new house sold in North Andover in the six (6) month period immediately preceding the date of sale of the Affordable Housing Unit. The average sale price will be determined from lhe list of sales found in the Multiple Listing Service or any other method approved by the Planning Board. Petition of the Planning Board 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 Pal, (7): Swimming 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 at least four (4) feet in height to be deter- mined by the Building Inspector to prevent the entrance of persons other than those residing al Ihe pool location. Pools shall be located no nearer the street than the front building line of the dwelling, except by Special Permit. Petition of the Planning Board 31 r~o recommendation. No recommendation. 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 dcsribed 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 Southwesterly direction, 86.15' to a point by land now or formerly of Willis; thence turning and running in a Northwesterly direction b~' land now or formerly of Polizzotti, 120' to the point of beginning. No recommendation. Petition of Loretta L. Willis and others ARTICLE 90. To see if the Town will vote to amend its zoning by changing from R-2 Residential 2 District, to [nd-2, Industrial 2 District, the following described parcel of land: Beginning at a point on the southerly sideline of Barker Street at land F/F Barker; thence bounded on the north by land N/F of Barker by various courses a total distance of 3,364 feet, more or less; thence bounded on the east by land N/F Starmard Realty Trust in two courses a total distance of 1,305 feet, more or less; thence bounded on the south by land N/F of Stella Sobel and J. Albert Bradley Trust, Di'iscoll and Hapbey a total distance of 2,090 feet, more or less; thence bounded on the west by land N/F of McCarthy, Starmard Realty Trust, and Hapbey by various courses a distance of 826 feet, more or less, to a point in the southerly sideline of Osgood Street and Barker Street, a total distance of 720 feet more or less, to the point of beginning. Pelition of Benjamin Osgood and others No recommendation. ARTICLE 91. To see if the Town will amend the town zoning by-laws by changing 209 Berry Street beginning at a point of Berry Street and running Easterly along Lot//8 be- ing land of Briand, two hundred (200) feet; thence running Southerly along land of Vali- quette, one hundred (100) feet; thence running Westerly along other land of Valiquctte, two hundred (200) feet; thence running Northerly along Berry Street, one hundred (100) feet to the point of beginning. Containing 20,000 square feet, more or less from Industrial I to Residential 2 zoning. No recommendation. Petition of Robert A. Arsenault et ux and others ARTICLE 92. To see if the Town will vote to amend its zoning by-law by changing the zoning map of the Town to include a parcel of land hereinafter described within the B-4 district from its present designation of R-4 on said zoning map, land and buildings com- monly known as and located at 35 Peters Street, being lots numbers 1, 2, 3, 4, 5, and 6 on a plan entitled, "North Andover Hillside North Andover, Essex Company, Mass." owned by A.J. Landry, formerly owned by Sarah E. Farnham dated December 1, 1924, Ernest W. Branch, Civil Engineer recorded with Essex North District Registry of Deeds as Plan No. 597/1924 and more partienlarly bounded and described as follows: No recommendation. Beginning at a point on the westerly side of Acushnet Street, at the intersection of Peters Street, thence turning and running at right angles with Acushnet Street by Peters Street as shown on said plan 100.02 feet to a stone wall at land now or formerly of one Driscoll; thence Northerly by the wall and land of Driscol1307 feet; thence turning and run- nine easterly 100 feet by lot ? as shown on said plan; then turning running easterly 100 feet by lot 7 as shown on said plan; then turning and running by the westerly line of Achushnet Street 305.48 feet to the point of beginning. Said lot contains 30,000 square feet more or less. Petition of Daniel G. Donovon, Jr. and Eileen P. Donovon and others 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. No recommendation. Petition of John J. Cailahan and others ARTICLE 94. To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 (R-4) to Business 4 (B-4) the following described parcel of land: No recommendation. Beginning at a point at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and running in a NORTHEASTERLY direction by said Delta & Delta Really Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY dlreetion for a distance of 130 feet, more or less, again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner 32 of land now or formerly of Laird; and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 694.44 feet, more or less, by land now or formerly of said Laird, Beattie. Camparone, Hoar, Correlle, Dewhurst and Bingham, to a point being the SOUTHWESTERLY corner of land now or formerly of Buchanan: and thence turning and running in a WESTERLY direction for a distance of 100.6 feet, more or less, through land formerly of said John P. and Kastant J. Shay; and thence turning and running in a SOUTHWESTERLY direction for a distance of 263.55 ['eet. more or less. again through land formerly of said John P. and Kastant J. Shay to a point at Winthrop Avenue; (for an additional reference depicting the last two courses, see plan of land entitled "Plan of Land Owned by Myrtle Shay located in North Andover, Mass.," dated August 1976, Charles E. Cyr, Civil Engineer, Lawrence, Mass.. which plan is recorded with Essex North District Registry of Deeds. Plan No. 74831; and thence turning and running ~n a NORTHWESTERLY direction by said Winthrop Avenue for a distance of 452_+ feet. more or less, Io the point of beginning. Petition of M. L. Kettenbach and others ARTICLE 95. To see if the Town will vote to accept as Public Ways those ways shown on a Plan of land entitled "Martin Avenue, North Andover, Mass." as laid out and adjudicated by the Board of Selectmen and to name the street, so accepted. Martin Avenue. it being an extension of Martin Avenue which has previously been accepted. Petition of Michael L. D'Amico and others ARTICLE 96: To see if the Town will vote to appropriate the sum of $. from Revenue Sharing Funds for the purpose of reducing the amount of funds raised for the following budgets: 1. Fire Department Salaries $ 2. Police Department Salaries Petition of the Selectmen Laws. ARTICLE 97: To see if the Town will vote to raise and appropriate the sum of to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 98: To see if the Town will vote to take the sum of $_ from available funds for the purpose of reducing the tax rate. Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and at five or more public places in each voting precinct in the Town. Said copies to be posted nut more than seven days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, the twenty-ninth day of March in the year of our Lord one thousand nine hundred and eighty two. THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM R. LOUIS DiFRUSCIO Selectmen of North Andover ATTEST ............................... CONSTABLE North Andover, Mass. March 29, 1982 A true copy: ATTEST: DANIEL LONG. Town Clerk. No recommendation. It is recommended that the Town vote to raise and appropriate the sum of $300,000 for the pur- poses of this article and to reduce the amount of funds raised for the following budgets. 1. Fire Department Salaries ..... $152,000.00 2. Police Department Salaries . .. $148,000.00 It is recommended that the Town vote to raise and appropriate the sum of $175,000.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $400.000.00 from Available Funds for the purpose o~ reducing the tax rate, 33 §1° I I TOWN OF NORTH ANDOVER Articles of the Warrant FOR TIlE ANNUAL TOWN MEETING SATURDAY, APRIL 24, 1982 at 1:30 P.M. Veterans Memorial Auditorium North Andover Middle Schonl Recommendations of the Advisory Committee are rep~rted in this booklet. Please bring this Booklet to the Town Meeting Article 4. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen It is recommended that the Town vote to fix the following salaries of the elected officers of the Town effective from July 1, 1982. Board of Selectmen Licensing Commission each per annum Chairman of the Board of Selectmen Board of Assesssors each per annum Chairman of %he Board-of Assessors The present Chairman of the Board of Assessors provided that he devotes all of his working hours to the performance of his duties as Assessor Board of Health each per annum Board of Public Works each per annum Town Treasurer Highway Surveyor Moderator For Regular Town Meeting For Each Spscial Town Meeting Town Clerk 2,000 300 3.000 I~, 000 14,167 6O0 600 26,744 24,953 100 50 17,090 Article 5. To see what action the Town will take as to the budget recommendations of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS 1982 - 1983 Item No. GENERAL GOVERNMENT Budget Department Advisory 81- 82 Requests Committee 82-'83 Recommends 82- 83 1, Selectmen Salaries & Wages 52,012 55,274 55,274 Expenses 8,500 10,100 9,500 Out of State Travel 100 100 100 2. Treasurer Salaries & Wages 46,824 49, ~ 95 48,815 Expenses 5,000 5,100 5,100 3. Tax Collector Salaries & Wages 24,081 24, 13l 24,131 Expenses 18,750 20,350 20,350 4. Assessors Salaries & Wages 45,821 48,510 48,510 Expenses 12,000 13,280 12,380 5. Accountant Salaries & Wages 46,626 46, $88 46,688 Expenses 5,750 6, 1O0 6, 10O 6. Town Clerk Salaries & Wages 26,866 28,448 28,132 Expenses 900 925 925 7. Election & Registrars Salaries & Wages 1,860 1,860 1,860 Expenses 13,225 20,795 20,795 * 8. Town Counsel Annual Retainer 9,000 14,000 10,000 Expenses - 0- 1,200 -0- 9. Moderator 200 200 200 ~serve Fund Transfer-July 1~ 1981 to April 1, 1982 APPROPRIATED AT TOWN MEETING, APRIL 25, 1981 $125,000.00 TRANSFERS: Police Department, Salary Account Community Center, Expense Account Historical Commission, Expense Account Planning Board, Salary Account Personnel Board, Expense Account Selectmen, Salary & Expenses Accounts Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Highway Department, Snow Removal Community Center, Expense Account Special Legal Special Legal Public Works (Water, Maintenance & Construction) Expense Account Special Legal Personnel Board, Expense Account Fire Department, Expense Account Annual Town Meeting Special Legal Total Transferred to April 1, 1982 Balance in P~serve Fund, April 1, 1982 $ 6,745.00 3,400.00 300.00 1,132.00 1,750.00 1,000.00 20,000.00 15,000.00 15,000.00 15,000.00 5,000.00 1,600.00 600.00 1,080.00 5,000.00 150.00 1,620.00 5,000.00 1,722.33 ~2~500.00 $103,599.33 $103,599.33 $ 21,400~67 Article 4. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the General Laws. Petition of the Selectmen It is recommended that the Town vote to fix the following salaries of the elected officers of the Town effective from July 1, 1982. Board of Selectmen Licensing Commission each per annum Chairman of the Board of Selectmen Board of Assesssors eachper annum Chairman of the Board-of Assessors The present Chairman of the Board of Assessors provided that he devotes all of his working hours to the performance of his duties as Assessor Board of Health each-per annum Board of Public Works each per annum Town Treasurer Highway Surveyor Moderator For Regular Town Meeting For ~.ach Special Town Meeting Town Clerk 2,000 300 3.000 1,000 14,167 600 600 26,744 24,953 100 50 17,090 Article 5. To see what action the Town will take as to the budget recommendations of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS Item No. GENERAL GOVERNMENT Budget 81-82 1982 - 1983 Department Requests 82-83 1. Selectmen Salaries & Wages 52,012 Expenses 8,500 Out of State Travel 100 2. Treasurer Salaries & Wages 46,824 Expenses 5,000 3. Tax Collector Salaries & Wages 24,081 Expenses 18,750 4. Assessors Salaries & Wages 45,821 Expenses 12,000 5. Accountant Salaries & Wages 46,626 Expenses 5,750 6. Town Clerk Salaries & Wages 26,866 Expenses 900 7. Election & Registrars Salaries & Wages 1,860 Expenses 13,225 8. Town Counsel Annual Retainer 9,000 Expenses -0- 9. Moderator 200 55,274 10,100 100 49,795 5,100 24,131 20,350 48,510 13,280 46,688 6,100 28,448 925 1,860 20,?95 14,000 1,200 200 Advisory Committee Recommends 82-83 55,274 9,500 100 48,815 5,100 24,131 20,350 48,510 12,380 46,688 6,100 28,132 925 1,860 20,795 10,000 200 Item No. 10. Advisory Committee Salaries & Wages Expenses 11. Capital Budget Committee Expenses 12. Planning Board Salaries & Wages Expenses 13. Board of Appeals Salaries & Wages Expenses 14. Personnel Board Salaries & Wages Expenses 15. Council on Aging Salaries & Wages Expenses 16. Conservation Commission Salaries & Wages Expenses Professional Services 17. North Andover Historical Commission 18. Town Hall & Garage Buildings Salaries & Wages Expenses 1SA. Community Center 19. Annual Town Meeting Expenses TOTAL: GENERAL GOVERNMENT STAFF AGENCIES Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 1,657 200 1,680 200 1,680 200 100 100 100 26,830 3,100 27,742 3,400 27,742 3,400 3,058 330 3,115 35O 3,115 350 3,728 2,475 10,971 22,750 10,971 21,500 12,000 11,340 12,600 12,190 12,600 12,190 3,180 1,100 2,000 3,500 1,225 3,000 3,500 1,125 2,500 100 400 400 6,870 24,500 4,000 6,870 32,500 5,000 6,870 26,000 4,500 6,150 7,950 7,500 430,233 502,399 485,103 Item No. PUBLIC SAFETY 20. Police Department Salaries & Wages Expenses 20A. School Crossing Guards Salaries & Wages Expenses 21. Fire Department Salaries & Wages Expenses 21A Forest Fires & Forest Expenses 22. Dog Officer Salaries & Wages Expenses 23 Civil Defense Salaries & Wages Expenses 24. Building, Electric & Gas Salaries & Wages Expenses 25. Sealer of Weights & Measures Salaries Expenses TOTAL." PUBLIC SAFETY PUBLIC HEALTH & SANITATION 26. Board of Health Salaries & Wages Expenses 27. Greater Lawrence Sanitary District Per Share Capita] Per Share Operation 29. Garbage Disposal Contract TOTAL: PUBLIC HEALTH & SANITATION PUBLIC WORKS 30. Board of Public Works Salaries Budget 81- 82 Department Requests 82-83 Advisory Committee Recommends 82-83 767,967 80,000 787,457 86,500 745,980 83,000 27,329 1,700 25,124 1,900 25,124 1,900 957,700 39,850 -0- 1,044,009 53,800 -0- 1,008,748 44,600 -§- 8,014 5,600 9,025 6,108 8,655 5,600 2,570 3,700 2,570 5,380 2,570 3,700 47,206 6,171 53,586 6,171 53,211 6,171 2,050 400 2j150 450 2,050 400 1,950,257 2,084,230 1,991,709 22,431 15,344 23,075 20,010 22,775 19,000 40,085 224,890 38,863 240,688 38,863 240,688 23,556 2~,056 3,500 326,306 346,692 324,826 1,800 1,800 1,800 Item No. Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 31. Sewer Maintenance & Construction Salaries & Wages Expenses 32. Water Maintenance & Construction Salaries & Wages Expenses 33. Parks & School Grounds Salaries & Wages Expenses 34. Tree Department Salaries & Wages Expenses 35. Dutch Elm Disease Labor & Wages Expenses 36. Insect Pest Control Salaries & Wages Expenses 37. Street. Lighting Expenses 38. Street Gen'l Maintenance Salaries & Wages Expenses 39. Snow Removal Expenses 40. Refuse Disposal Salaries & Wages Expenses TOTAL: PUBLIC WORKS WELFARE 41. Veteran's Benefits Expenses 42. Graves Registration Salaries Expenses TOTAL: WELFARE 56,306 36,485 56,306 41,960 56,306 38,400 212,818 210,000 200,996 259,050 200,996 235,000 51,139 12,300 59,146 14,145 49,122 13,530 64,007 11,254 65,503 12,942 64,239 12,309 10,484 2,400 10,484 2,760 10,484 2,400 25,163 6,195 25,163 7,646 25,163 7,646 107,000 112,000 107,000 222,832 70,000 266,082 100,000 251,620 80,000 66,861 115,000 66,861 155,400 41,000 154,443 50,000 154,443 45,000 1,363,444 1,555,426 1,422,319 15,000 15,000 12,500 200 600 300 1,200 300 750 15,800 16,500 13,550 Item No. SCHOOLS 43. N. A. School Department Salaries & Wages Less: Applied Funds Appropriation for Salaries Expenses Budget 81-82 Department Advisory Requests Committee 82-83 Recommends 82-83 5,160,000 5,742,917 5,519,213 75,000 100,000 5,085,000 1,380,787 1,506,976 $,419,213 1,380,787 Total Appropriation for Salaries & Wages 6,465,787 6,800,000 44. Regional Vocational School Allocation of Costs to N.A. 75,410 144,879 131,200 TOTAL: SCHOOLS 6,541,197 6,971,200 LIBRARY 45. Stevens Memorial Library Salaries & Wages 135,605 139,712 139,712 Expenses 41,000 49,550 47,500 TOTAL: LIBRARY 176,605 189,262 187,212 RECREATION 46. Playgrounds & Bathing Beaches Salaries & Wages 46,322 52,970 44,963 Expenses 8,915 10,250 9,807 47. Recreation Council Salaries & Wages 19,420 21,360 20,000 Expenses 9,040 9, 040 9,040 TOTAL: RECREATION 83,697 93,620 83j810 EMPLOYEE BENEFITS 48. Group Insurance 338,759 380,000 380,000 49. Essex County Retirement 550,147 535,578 535,578 TOTAL: EMPLOYEE BENEFITS 888,906 915,578 915,578 UNCLASSIFIED 50. Rental of Veteran's Headquarters 1,200 1,200 1j 200 51. Patriotic & Civic Celebrations 915 835 835 52. Fourth of July 7,500 7,500 7,500 Item -No. 53. Insurance- General 54. Industrial Commission Expenses 55. Special Legal Services TOTAL: UNCLASSIFIED DEBT REDEMPTION Fire Engine Highway Department School Bonds Water Main Notes & Bonds Sewer Notes & Bonds Fire Station TOTAL DEBT REDEMPTION INTEREST ON DEBTS 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. TOTAL: Budget 81-82 135,000 100 5,000 149,715 Department Requests 82-83 160,792 100 10,000 Advisory Committee, Recommends 82-83 140,000 100 10,000 5,000 15,000 475,000 131,000 130,000 10,000 180,427 159,635 766,000 5,000 15,000 475,000 70,000 175,000 10,000 5,000 15,000 475,000 70,000 175,000 10,000 Fire Engine 650 Highway Equipment 957 School Bonds 193,876 Water Main System Notes & Bonds 10,123 Sewer Notes & Bonds 73,551 Fire Station 2,135 Bond Issue Expense -0- Short Term Borrowing 85,000 INTEREST ON DEBTS 750,000 750,000 390 319 170,811 4,930 68,160 1,525 100,000 390 319 170,811 4,930 68,160 1,525 -0- 75,000 366,292 3~6,135 321,135 * Minority Report to be given at Town Meeting l0 SUMMARY Budget 81-82 Department Requests 82-83 Advisory Committee Recommends 82-83 General Government Public Safety Public Health & Sanitation Public Works Welfare Schools Library Recreation Employee Benefits Unclassified Deb t Redemption Interest on Debts TOTAL 433,133 1,950,257 326,726 1,363,444 15,800 6,541,197 176,605 83,697 888,906 149,715 766,000 366,292 476,378 2,084,230 347,112 1,555,426 16,500 7,249,393 189,212 85,613 915,578 180,427 750,000 321,135 460,640 1,991,709 325,246 1,422,319 13,550 6,971,200 187,212 83,810 915,578 159,635 750,000 321,135 13,061,772 14,17'1,004 13,602,034 11 TOWN WARRANT COMMONWEALTH .OF MASSACHUSEI-DS NORTH ANDOVER 1982 ESSEX SS: To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, and in complaince with Chapter 39 of the General Laws, and as recently amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town By-Laws, Chapter 2, Section 2.4, you are hereby directed to notify and warn the inhabitants of the town of North Andover who are qualified to vote in Town Affairs to meet in the Veterans AudRorium of our North Andover Middle School on Saturday, April 24, 1982, at l:q0 P.M., then and there tn act upon thc following Articles: ARTICLE 1: The election of Town Officers appearing on the ballot have already been aeted upon at the Annual Town Election on March 1, 1982. Petition of the Selectmen ARTICLE 2: To elect all Town Officers not required by law to be elected by ballot. Petition of the Selectmen ARTICLE 3: To sec if the Town will vote to accept the report of receipts and expen- ditures as presented by the Selectmen Petition of the Selectmen ARTICLE 4: To see if the Town will vote to fax the salary and compensation of the elected officers of the Town, as provided by Section 10~ of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 5: To see what action the Town will take as to the budget recommenda- tions of the Advisory Committee. Petition of the Selectmen ARTICLE 6: To see if the Town will vote to authorize the Treasurer, with the ap- proval of the Selectmen, to borrow in anticipation of the revenue for the next fiscal year, all as provided by Chapter 44 of the General Laws, Petition of the Selectmen ARTICLE 7: To consider the reports of all Special Committes. Petition of the Selectmen ARTICLE 8: To see if the Town will vote to authorize the Board of Health to appoint one of its members to the position of Board of Health Physician, as provided by Section 4A of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 9: To see if the Town will vote to appropriate for the use of the Stevens Memorial Library the sum of $10,064, which the Town has recieved from the State under provisions of Chapter 78, Section 19A of the General Laws. Petition. of the Trustees of Stevens Memorial Library ARTICLE 10: To see if the Town will vote to accept the provisions of chapter 90, Sec- tion 20A V2 of the General Laws relative to motor vehicle parking violations. (Provisions continuing authorization to the Po[ice Dept. nad the Selectmen to e~tablish a schedule of fines, appoint a Parking Clerk, nad set up a program of collection of fines.) Petition of the Selectmen Favorable action la recommended on this article. 12 ARTICLE 11: To see of the Town will vote to amend the Personnel By-Law, Schedule A, by adding the following position: Parking and Civil Service Clerk at a compensation grade of S-6 and further that the sum of $312.00 be raised and appropriated for the purpose of the article. Petition of the Selectmen ARTICLE 12: To see if the Town will vote to accept the provisions of Chapter 138, Section 12B of the General Laws. (Prohibits nude or other obscene entertainment at premises licensed to sell alcoholic beverages.) Petition of the Selectmen ARTICLE 13: To see if the town will vote to accept the provisions of Mass. General Laws, Chapter 59, Section 5, Clause I?C as revised by Chapter 743 of the Acts of 1981. Petition of Assessors 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 I. Automatic Amusement Device License (Chapter 140, Section 177A)...$100 per machine 2. Sealing of Weights & Measures Service (Chapter 98, Section 56) Scale w/capacity over 10,000 lbs. $50.00 ea. Scale w/capacity 5-10,000 lbs. $30.00 ea. Scale w/eapacity 1-5,000 lbs. $20.00 ea. Scale w/capacity 100-1,000 lbs. $10.00 ea. Scaies/baiancas 10-100 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 en. Liquid measuring meter dia./lA "-I" $5.00 ea. Liquid measuring meter dia. over 1" Vehicle tank pump $16.00 en. Vehicle tank gravity $20.00 ea. Bulk Storage $40.00 ea. Bulk Storage w/cert, prover $20.00 ea. Taximeter $8.00 ea. Device to determine linerar or area $5.00 ea. 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) $5.00 ea. All weights & other measures $1.00 ea. Petition of the Selectmen ARTICLE 15: to see if the Town will vote to authorize the Selectmen to establish and set charges for ambulance service for non-residents only, said charges to be no greater than the cost of providing the service. Petition of the Selectmen ARTICLE 16: To see if the Town will vote to authorize the Board of Selectmen re ac- quire by purchase, eminent doamain, or otherwise, a parcel of land located between River- view Street and the Merrimack River, in panico[ar bounded and described as follows: Beginning at a point on the westerly side of Riverview Street at the northwesterly point of the premises to be granted herein: thence westerly 20 feet ± to the Cochichewick Brook, so-called, thence following the center of said Brook to the Merrimack River to the Sutton's Mill raceway: thence up said raceway to a point southwesterly to a corner of the granted premises; thence turning and running southwesterly 48.5 feet :l: to said brook: thence continuing northeasterly 1 l0 feet -+ to said point of beginning. Meaning and intending to convey a portion of Lot 4 and ail of Lot 5 as shown on the plan of taking number 6248 by the Greater Lawrence Sanitatry District in 1970. Acquisition is for the purpose of installation of a boat ramp for access to the Merrimack River. Funds are available from the HUD-Community Developmem Block Grant. Petition of the Selectmen Recommendation to be made at Town Mooting. Favorable action is recommended on this article. No recommendation. Favorable action is ranommended on this article. Favorable action is recommended on this article, Favorable action is recommended on this article. 13 ARTICLE 17: To see if the Town will vote to acquire, by gift or grant, an easement on Steven's Road (owned by Kenics Corp.) and on property adjoining Steven's Road (owned by Dr. Lentini), for use as a public right of way to be used for all purposes for which a public way is commonly used such as streets, drainage, utilities and other. Petition of the Selectmen ARTICLE 18: To see if the Town will vote to amend its Personnel By-Law by deleting in its entirety the present By-Law, and inserting in place therefor the following: (The actual text is not reproduced here because of the costs. The text is, however, included in warrants posted throughout the Town and copies are available at the Town Clock's Office and Library. A summary of the changes is included below.) SUMMARY The proposed revision of the Personnel By-Law establishes a personnel management system to recruit, select, deyelop, and maintain a workforce based on merit and fitness. No changes are made to the salaries and benefits of the employees and the provisions of Civil Service law and collective bargaining agreements will continue to supereede the By-Law.' Some of the major provisions of the By-Law include the following: Establishes a Personnel Board responsible for the overall administration of the Personnel B~-Law and whose membership is as follows: 3 - Citizens (Two appointed by the Moderator and one by the Selectmen) I - Selectmen I - Advisory Committee Member I - Employee Representative (non-voting member} 2. Provides for a Personnel Director appointed by the Personnel Board to assist the Board in the performance of their day-to-day administrative responsibilities. Requires written performance evaluations for all employees, which shall serve as the basis for merit raises and promotions. Establishes a procedure to ensure that any employee appointed to a position under the By-Law meets at least the minimum qualifications. The Personnel Board will review the applications for a position and certify to the appointing authority the candidates who meet the minimum qualifications. In some cases the Board may administer written, oral, or practical exams or use some other measures to determine the most competent individuals. This would be parti- cularly true for higher level positions where the Board may want to certify only the top candidates, in which case it must certify at least the top four. Establishes a grievance and appeals prneedure for employees. This protects aa employee who is being disciplined or removed for reasons other than job perfor- mance. The Personnel Board will act as an independent arbiter. Petition of thc Personnel Board ARTICLE 19: To see if the town will vote to raise and appropriate the sum of $ ... , to be expanded under the direction of the Personnel Board for the salaries and ex- pauses of a new central Personnel Office. Petition of the Personnel Board Article 20: To see if the Town will vote to approve the r~noval of the office of Chief of Police from the provisions of Chapter 31 of the General Laws, (Civil Service Law) upon the completion of service of the present permanent incumbent, if any, and authorize the Selectmen to submit a home rule petition to the Legislature to accomplish the purpose of this article. Petition of the Selectmen ARTICLE 21: To see if the Town will vote to raise and appropriate the sum of $10,000, to be expended under the direetion of the Personnel Board for personnel con- suiting services including independent survey of the salaries and classifications of all Administrative Employee Library Personnel and Elected Officials. Petition of the Personnel Board ARTICLE 22: To see if the Town will vote to amend Schedule B and Section 8 of the Personnel By-Law by adding three additional steps to each compensation grade by the same percentages as the preceding steps and raise and appropriate the sum orS. for the purpOse of this article. Petition of Jean W. Fogarty and others. 14 Favorable action is recommended on this article. Favorable action is recommended on thle article. Unfavorable action la recommended on this arti- cle. Recommendation to be made at Town Meeting. Recommendation to be mede at Town Meeting. Recommendation to b~ mad~ at Town Meeting. ARTICLE 23: To see if the town will vote to raise and appropriate the sum of $. for the purpose of amending Schedule B included in Section 7 of its Personnel By-Law by increasing all of the salary rates listed therein by % excluding, however, the compensation of those town Employees whose renumeration is to be established by the collective bargaining process. Petition of the Personnel Board ARTICLE 24: To see if the town will vote to raise and appropriate the sum of 5_ for the purpose of amending Section 8 of its Personnel By-Law (part-time positions classified in clerical group by increasing the salary therein by %. Petition of the Personnel Board ARTICLE 25: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Section 9 of its Personnel By-Law (Part-time positiqns classified in Library Group by increasing the salary rates listed therein by %. Petition of the Personnel Board ARTICLE 26: To see if the Town will vote to raise and appropriate the sum of $ for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increasing the compensation listed herein by % for the positions of Reserve Patrolmen, School Crossing Guards, Assistant Supervisor (Bathing Beach), Supervisor (Bathing Beach), lifeguard-Bathhouse Attendant and Mini- Bus Operator for the Elderly. Petition of the Personnel Board ARTICLE 27 to see if the Town will vote to amend the Personnel By-Law Schedule E (Miscellaneous Compensation Schedule) by adding the position of Mini-Bus Operator for the Elderly at a yearly compensation of Petition of the Personnel Board ARTICLE 28: To see if the Town will vote to amend the Personnel by-Law Schedule E of Section 7 (Miscellaneous Schedule) by increasing the compensation of Custodial Worker to $75.00 per week. Petition of the Personnel Board ARTICLE 29: To see if the Town will vote to raise and appropriate the sum of $500.00 for the purpose of amending Schedule E of Section 7 of its Personnel By-Law IMiscellaneous Schedulel by increasing the compensation of Gas Inspector to $2,000. Petition of the Personnel Board ARTICLE 30: To see if the Town will vote to add to the Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) the position of "Municipal Summer Help" at a compensation rate of W-I Minimum less $.25. Petition of the Personnel Board ARTICLE 31: To see if the Town will vote to raise and appropriate the sum of $1,047.00, to be expanded under the direction of the Fire Chief for the purpose of amen- ding Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Schedule) by increas- ing the compensation of Cail/Firefighter Spare Driver from $851.00 to $1,998.00 per year. Petition of the Personnel Board ARTICLE 32: To see if the Town will vote to raise and appropriate the sum of $218.00, to be expended under the direction of the Fire Chief for the purpose of amending Schedule E of Section 7 of the Personnel By-Law {Miscellaneous Schedule) by increasing the compensation of Call Firefighter from $441.00 to $759.00 per year. Petition of the personnel Board ARTICLE 33: To see if the Town will vote to amend Section 18K of the Personnel By- Law by striking "HARDSHIP DAY - Emergency leave of one [I) day per year may be allowed an employee for personal reasons other than Sick Leave as provided in this section, A hardship day is subject to the same provisions of this section and is deduct- ible from an employee's unused sick leave" and inserting in its place: "One personal day per year may be allowed an employee for personal reasons other than sick leave." Petition of the Personnel Board 15 It is recommended that the Town vote to raise and appropriate the sum of $41,636.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $3,247.00 for the purposes of this article, It is recommended that the Town vote to raise and appropriate the sum of $2,812.00 for tho purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $4,650.00 for the purposes of this article. Unfovombia action is recommended on this arti- cle. Favorable action is recommended on this article. it is recommended that the Town vote to raise and appropriate the sum of $100.00 for the pur- poses of thSs art}cie. Favorable action is recommended on this article. Unfavorable action is recommended on this arti- cle. Unfavorable action ia recommended on this arti- cle, Unfavorable action is recommended on this arti- cle. ARTICLE 34: To see if the Town will vote to raise and appropriate the sum of $ , to be expended under the direction of the Selectmen for thc purpose of imple- menting collective bargaining agreements reached with Town contractual employees. Petition of the Selectmen ARTICLE 35: To see if the Town will vote to raise and appropriate the sma of $13,193.00, to be expended nnder the direction of the Selectmen for the prupo~e of amen- ding the Personnel By-Law, Schedule A, by adding the position of Building Maintenance Craftsmen with a compensation grade of S-10. Petition of the Selectmen ARTICLE 36: To see if the Town will vote to authorize the Selectmen to appoint a study committee of five ($) residents to investigate and make recommendations concerning the advantages or disadvantages of changing or modifying the organizational structure and relationships between the Highway, Public Works, and Tree Departments so as to provide for the maximum possible coordination and use of available equipment and manpower and further, that said conunittee shall, at the next Annual Town Meeting, submit its recommen- . dations along with any necessary warrant articles. Petition of the Selectmen ARTICLE 37: To see if the Town will vote to raise and appropriate the sum of $20.000.00, to be expended under the direction of the Selectmen for the purpose of mak- ing improvements to the electrical system in the Town Office Building. Petition of the Selectmen ARTICLE 38: To see if the Town will vote to raise and appropriate the sum of $9,000.00, to be expended under the direction of the Selectmen for the purpose of purchas- ing office equipment and furniture for the Town Office Building. Petition of the Selectmen ARTICLE 39: To see if the Town will vote to raise and appropriate the sum of $36,000.00, to be expended under the direction of the Selectmen for the purpose of pur- chasing foor (4) new police cars and foor (4l cars to be turned in, in trade, nnd ali equip- ment to be changed over such as police radie~, sirens, and similar accessories. Petition of the Police Chief ARTICLE 40: To sec if the Town will vote to raise and appropriate the sum of $28,000.00, to be expended under the direaion of the Police Chief for the purpose of hiring two (21 additional patrolmen. Petition of the Police Chief ARTICLE 41: To see if the Town will vote to amend its General Blt-Laws b~/adding the following section: Section 8.4 Soliciting No person, groups or organizations shah 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 afte~ sunset of one day, and not before eight ii:B0) 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 be subject to arrest by a Police Officer. Petition of the Police Chief 16 It la recommended that the Town vote to rail4 and approl~iate the sum of ~179,817.00 fo~ the purposes of this article. Recommendation to be made et Town Meeting. It ia recommended that n study committee of five (5) residents investigate and make recommenda- tions concerning the advantages or dlsadvan- togas of changing or modifying the organizational structure and relationships between the High- way, Public Works and Tree Departments, so aa to prnvida for the maximum poaslbl® coordination and uae of avsilabid equipment and manpower, and furthe~ that the Town vote to mathodzn the Highway Surveyor, the Board of Public Welles and the Tree Warden to each name one resident to said committee, and the Selectmen to name the remaining two residents to this committee, and further, that said committee shall, at the next Annual Town Meeting, submit its recommenda- tions along with any necessary warrant articles. Favorable action ia recommended on this article. It is recommended that the Town vote to relan and appropriate the sum of $5,000.00 for the purposes of this article, Favorable action is recommended on this article. Favorable action is recommended on this article, Favorable action is recommended on this article. ARTICLE 42: To see if the Town will vote to raise and appropriate the sum of $1,7000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing a vehicle for the use of the Dog Officer in the performance of his duties. Petition of the Selectmen ARTICLE 43: To see if the Town will vote to raise and appropriate the sum of $'/,200.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing 3,000 feet of 3-inch hose to fully equip Engines I & 2. Petition of the Board of Fire Engineers ARTICLE 44: To see if the Town will vote to raise and appropriate the sum of $14,000.00, to be expended under the direction of the Board of Fire Engineers for the pur-' pose of replacing 14 SCBA (Self Contained Breathing Apparatus) which are old, worn out, and no longer dependable. Petition of the Board of Fire Engineers ARTICLE 45: To see if the Town will vote to raise and appropriate the sum of $10,000.00, to be expended under the direction of the Board of Fire Engineers for the pur- pose of purchasing a used Elevating Platform Truck to be used in the service, maintenance, and extension of the Town Fire Alarm System. Petition of the Board of Fire Engineers ARTICLE 46: To see of the Town will vote to raise and appropriate the sum of $51,000.00, to be expended under the direction of the Board of Fire Fighters, who have passed qualifying Civil Service physieai and mental examinations, all in accordance with Civil Service Rules and Regulations. Petition of the Board of Fire Engineers ARTICLE 47: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, gram, eminent domain, or otherwise, two parcels of land owned by the Boston and Maine Corporation, in particular bounded and described as follows: Parcel 1--Beginning at a point on the easterly side of Main Street at the Southern point of the premises to be granted herein; thence northerly 50 feet more or less; thence easterly 325 feet more or less to the Cocldciwick Brook; thence southerly 50 feet more or less; thence westerly 325 feet more or less to said point of beginn- ing. Meaning and imending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 20-7. Parcel 2:--Beginning at a point on the westerly side of Main Street at the southern point on the premises to be granted herein; thence northerly 50 feet more or less; thence westerly 300 feet more or less; thence southerly 50 feet more or less; thence easterly 300 feet more or less to said point of beginning. Meaning and in- tending to convey the property owned by the Boston and Maine Corporation as shown on their map V2M-25A as parcel number 3. This property is to be used for parking and open space purposes in conjuction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. Petition of the Selectmen ARTICLE 48: To see if the Town will vote to authorize the Board of Selectmen to ac- quire by purchase, lease, gift, grant, eminent domain, or otherwise, land owned byAndrew and .Ioan M, Cashman at 4 Main St~t in North Andover, Mass. to be used for street im- provements as part fo the Urban Systems Safety Improvement Project at Main and Sutton Streets. The land in particular is bounded and described as follows: Beginning at a point on the easterly sideline of MainXdtreet at the most southerly point of the existing Main Street driveway opening nearest the intersection; Thence along Main Street thirty-four (34) feet more or less to the point of intersection with Sutton St~t; Thence northeasterly along the easterly side of Sutton Street thirty-four (34) feet more or less to a point; Thence along a curve deflecting to the left a radius of forty-four {44) feet a distance of sixty (60) feet more or less to the point of beginning. Said proposed parcel contains approximately 300 s.f. more or less. This property is to be used in conjunction with improvements in the downtown a~a and any costs incurred for this project will be paid from federal community develop- ment block grant funds. Petition of the Selectmen 17 Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $11.400.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. nfavorable action ia recommended on this arti- No recommendation. No recommendation. ARTICLE 49: To see if the Town will vote to raise and appropriate the sum of $3,500.00 to be expended under the direction of the Selectmen for the purpose of conver- ting the fuel pumps at the Town Garage to a key system so that each Town department can account for its own fuel use. Petition of the Selectmen ARTICLE 50: To see of the Town will vote to raise and appropriate the sum of $30,000.00 to be expended under the direction of the Selectmen for the purpose of purchas- ing furnishings for the new senior center. Petition of the Selectmen ARTICLE 51: To see if the Town wiR vote to raise and appropriate the sum of $200,000.00 to be expended under the direction of the North Andover school Committee for the purpose of installing a new roof at North Andover Middle School. Petition of the North And. over School CommiRee ARTICLE 52: To see if the Town will vote to raise and approprime the sum of $9,500.00, to be expended under the direction of the North Andover School Committee for the purpose of replacing the oil burner at the Kittredge School. Petition of the North Andover School Conunittee ARTICLE 53: To see of the Town will vote to raise and appropriate the sum of $20,000.00 to be ex~ended under the direction of the Tree Warden for the purpose of pur- chasing a new dump truck to replace a 1976 dump truck. Petition of the Tree Warden ARTICLE 54: To see if the Town will vote to raise and appropriate the sum of $875,000.00, to be expended under the di[~ction of the Board of Public Works for the pur- pose of constructing a new seven million gallon storage reservoir on town property at the Town Farm on Dale Street and replacing the old six inch cast iron water main on Dale Street and Appleton Street from Salem Street 4200 feet to thc Town Farm. Petition of the board of Public Works ARTICLE 55: To see if the Town wiU vote to raise and approprimc the sum of $140,000,00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing six inch cast iron water main on Salem Street from Stevens Street to Marbleridge Road, a distance of 3500 feet with a new twelve inch ductile iron ce- ment lined water main. Petition of the Board of Public Works ARTICLE 56: To see if the Town will vote to raise and appropriate the sum of $30,000.00, to be expended under the direction of the Board of Public Works for the purpose of constructing test wells in the southwesterly section of town and conducting prolonged pump tests in accordance with state regulations for development of addi- tional water supplies. Petition of the Board of Public Works ARTICLE 57: To see if the Town will vote to raise and appropriate the sum of $16,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of replacing the existing automatic pump control system at the North and South pum- ping stations with a new solid state pump control system. Petition of the Board of Public Works. ARTICLE 58: To see if the Town will vote to accept the following act which has been submitted to the legislature of the Commonwealth of Massachusetts: AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO TAKE WATER FROM THE MERRIMACK RIVER. SECTION 1: The Town of North Andover, in accocdance with such conditions as may be set forth by the deparmlent of environmental quality engineering and the water resources commission hereby authorized to take, hold and convey into and throughout is said municipality, from the Merrimack river at an approved point within said municipality, without liability to any compensation or other damages than the Commonwealth itself would be legally liable to pay, sufficient water for the use of said municipality and the in- habitants therefor for the extinguishment of fires, domestic use, haman consumption, irri- gation, industrial, commercial and other purposes not to exceed 12 million gallons per clay; and to also take and hold, by purchas or otherwise, land in said municipality for sinking wells or making excavations in order to obtain water by filtration or pe~cola~on, or from subterranean streams, and to construct such works as may be necessary therefor; and to lay and maintain reservoirs or canals and such other work as may be deemed necessary or pro- 18 Recommendation to be made at Town Meeting. Recommendation to be made at Town Meeting. It is recommended that the Town vote to raise and appropriate the sum of $150,000.00 for the purposes of this article. Unfavorable action is recommended on this arti- cle. It is recommended that the Town vote to raise and appropriate the sum of $11,000.00 for the purposes of this article, one 1976 Dump Truck to be traded and that the balance of funds form Arti- cle 61 of the 1981 Town Warrant be transferred and applied toward the purchase of said vehicle. Unfavorable action is recommended on this arti- cle. Unfavorable action is racommonded on this arti- cle. Favorable action is recommended on this article. Favorable action is recommended on this article, Favorable action is recommended on this article. per for conveying, raising, forcing, retaining, distributing, or disposing of said water in such a manner as may be deemed in the public interest. The rights of the Essex Company, as granted by Chapter one hundred and sixty-three of the acts of eighteen hundred and forty-five, and the rights of any successor to such eom- puny are preserved insofar as these rights may be exercised in a manner reasonable and con- sistent with the public interest and the proper utilization of the Merrimac river as determin- ed by the department of environmental quality engineering and the water resources com- mission provided that there shall be adequate fiowage of the river to supply the city of Lawrence, and the city known as the town of Methuen, and the town of Tewksbury and the Town of North Andover. SECTION 2: This act shall take effect upon its passage. Petition of the Board of Public Works ARTICLE 59: To see if the Town will vote to raise and appropriate the sum of $88,000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the sewer from the intersection of Marbleridge Road and Salem Street northwesterly along Salem Street 500 feet and continuing across the Ridgewood Cemetery property 1200 feet to Johnson Circle and removing the existing sewer pump station. Petition of the Board of Public Works ARTICLE 60: To see if the Town will vote to raise and appropriate the sum of $3,500.00, to be expended under the direction of the Board of Public Works for the pur- pose of purchasing and installing playground devices at the Thomson School. Petition of the Board of Public Works ARTICLE 61: To see if the Town will vote to raise and appropriate the sum of $7,000.00, to be expended under the direction of the Board of Public Works for the pur- vusa of paving the entry way to the Middle School from Main Street. Petition of the Board of Public Works ARTICLE 62: To see if the Town will vote to raise and appropriate the sum of $27,250.00, to be expected under the direction of the board of Public Works for the pur- pose of purchasing the following equipment: I - 1982 - One ton duml~ truck I - 1982 - Tractor with front end loader I - 34" Gravely snowblower I - 1973 dump truck and 1 - 1968 tractor and loader to be traded. Petition of the Board of Public Works ARTICLE 63: To see if the Town will vote to raise and appropriate the sum of $. to be expended under the direction of the Board of Public Works for the pur- pose of acquiring by purchase, eminent domain, or otherwise and easement in land for in- stallation of public utilities including but not limited to sewer, water, surface drain, etc. in the land hereinafter described: Beginning at a point on the easterly sideline of Sandra Lane which is two hundred and thirty five and no hundredths (235.00) feet southerly from a stone bound ai$ng a curve whose radius is four hundred fifty and no hundredths (450.00) feet; thence turn- ing and runaing S87 °-$4'-44"E a distance of fifty and no hundredths (50.00) feet to a point; thence turning and running S47 °-54'-44"E a distance of eighty one and seventy three hundredths (81.73) fee~ to a point; thence turning and running 8-76 °-20'-01"E a distance of two hundred forty and thirty two hundredths (240.32) feet to a point; thence turning and running S40°-37'-35"E a distance of seventy five and twenty nine hundredths (75.29) fee~ to a point; thence turning and running S03°4)2'-40"E a distance of twenty and twenty one hundredths (20.21) feet to a point; thence turning and running N03 °-02'-40"W a distance of sixty two and five hundredths {62.05) feet to a point; thence turning and running N76°-20'-01 "W a distance of twn hundred six- ty six and thirty two hundredths (266.32) feet to a point; thence turnin~ and nmding N47 °-54'-44"W a distance of thirty five and no hundredths (35.00) feet to a point; thence turning and running S87 °-54'-44"E a distance of fifty five and thirty four hun- dredths (55.34) feet to Sandra Lane; thence turning and running northerly along a curve whose radius is four hundred fifty and no hundredths (450.00) feet a distance of forty three and forty six hundredths (43.46) feet to the point of beginning. Meaning and intending to convey a twenty foot utility easement through lots 18, 19, and 20 on Sandra Lane as shown on PLAN OF LAND IN NORTH ANDOVER, MASS. scale 1" =40' August 4, 1980 DANA F. PERKINS & ASSOC. INC. CIVIL ENGINEERS AND SURVEYORS READING--LOWELL, MASS, ARTICLE 64: to see if the Town wiB vote to raise and appropriate the sum of $200.000.00, to be expended under the direction of the Board of Public Works for the pur- pose of extending the 12" water main on Campbell Road from Salem Street to Ash Street. Petition of Arthur Fundeklian and others Unfavorable action is recommended on this arti- cio. Unfavorable action is recommended on this arti- cle. Favorable action is recommended on this article. It is recommended that the Town vote to raise and appropr'mtn the sum of $1%000.00 for the purpose of pumhasing one 1982. one-too Dump Track, a 1973 Dump Truck to be traded. Recommendation to be made at Town Meeting. Unfavorable action is recommended on this arti- cle. ARTICLE 65: To see if the Town will vote to raise and appropriate the sum of $63,000.00, to be expended under the direction of the Board of Public Works for the pure pose of extending the water main from its present terminous 1300 feet toward Sharpeners Pond Road. Petition of Jane Richards and othecs ARTICLE 66: To see if the Town will vote to raise and appropriate the sam of $16,498.00, to be expended under thc direction of the Highway Surveyor for the purpose of Matching State Funds under Chap. //732. Said amount to be added to Art. //47, 1981, Chap.//90, to make accurate amount, 100°/0 reimbursable upon receipt, to be restored to available funds. Petition of the Highway Surveyor ARTICLE 67: To see if the Town will vote to raise and appropriate the sum of $85,723.00, to be expended under the direction of the Highway Surveyor for the put- pose of matching State Funds under Chap.//351, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 68: To see if the Town will vote to raise and appropriate 'the sum of $51,208.00, to be matching State funds under Chap. g/32, said amount to be reimbursed, upon receipt, to be restored to unappropriated available funds. Petition of the Highway Surveyor ARTICLE 69: To see if the Town will vote to raise and appropria~ the sum of $100,000.00, to be expended under the direction of the Highway Surveyor for the purpose of resurfacing, oiling, repairin~ and maintaining sireets in the Town. Petition of the Highway Surveyor ARTICLE 70: To see if the Town will vote to raise and appropriate the sum of $148,900.00, to be expended'under the direction of the Highway Surveyor for the purpose of purchasing the following equipment: One new Chassis for Sand Spreader, $7,500.00, no trade; new Dump truck, ~44,200.00, 1971 Damp Truck to be traded; new Street Sweeper, $67,500.00, 1974 Wayne Street Sweeper to be traded. Petition of the Highway Surveyor ARTICLE 71: To see if the Town will vote to transfer the amount of $14,145.69, from Art. 29, 1972, Annual Town Meeting for the purpose of constructing a shelter at the Sharp- net's Pond Road disposal site. Petition of the Highway Surveyor ARTICLE 72: To see if the Town will vote to raise and appropriate the sum of $15,000.00, to be expended under the direction of the Highway Surveyor for the purpose of installing drainage in problem areas throughout the Town. PeUoon of the H~ghway Su~eyor ARTICLE 73: To see if the town will vote to raise and appropriate the sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the pur- pose of installing new, and repairing existing sidewalks. Petition of the Highway Surveyor ARTICLE 74: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of making and replacing street signs throughout the Town. Petition of the Highway Surveyor ARTICLE 75: To see if the Town will vote to raise and appropriate the sum of $5,000.00, to be expended under the direction of the Highway Surveyor for the purpose of erecting and replacing guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE 76: To see if the Town will vote to raise and appropriate the sum of $1,000.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing existing catch basin frames and gates which are smaller than standard size. Petition of the Highway Surveyor 2O Unfavorable action Is recommended on this arti- cle. Favorable action ia recommended on this article. Favorable action is recommended on this article. Favorable notion is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $72,000.00 for the porpnaes of this article. It is recommended that the Town vote to raise and appropriate the sum of $81,400.00 tor the purposes of purchasing one new chassis for a sand spreader, one new sand spreader and one new dump truck. Favorable action Is recommended on this article. It is recommended that the Town vote to raise and appropriate the sum of $10,000.00 for the purposes of this article. It is recommended that tha Town vote to raise and appropriate the sum of $2,500.00 for the purposes of this article. Favorable action is recommended on this article. It is recommended that tho Town vote to raise and appropriate the sum of $2,000.00 for the purposes of this article. Favorable action is recommended on this article. ARTICLE 77: To sec if the Town will vote to raise and appropriate the sum of $1,500.00, to be expended under the direction of the Highway Surveyor for the purpose of replacing and erecting new regulatory signs throughout the Town. Petition of the Highway Surveyor ARTICLE 78: To see if the Town will vote to raise and appropriate the sum of $18,000.00, to be expended under the direction of the Highway Surveyor for the purpose of having our 1969 Austin-Western Grader re-conditioned. Petition of the Highway Surveyor ARTICLE 79: To see ff the Town will vote to amend the General By-Laws by deleting Chapter 3, Section 3.5 (B), (Wetlands Protection), and ~placing it with the following: WETLANDS PROTECTION li 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 limiZed 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 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 periods 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 ils 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 dicrefion, may hear any oral presemation under this bylaw ar 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, 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 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 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 surve]/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 contiguus lands. Due consideration shall be given to possible effects of the proposal on ail 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 pubhc hearing. 6. The Comanssion 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 the citizens of North Andover and to be performed or ordered to be performed by an asministrafive agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the 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 offedse; if more than one, each condition violated shah 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. 21 It is recommended that the Town vote to raise and appropriate the sum of $1.000.00 for the purposes of this article. Favorable action is recommended on this article. No recommendation. 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 provin~g by a preponderance of the credible evidence that the work proposed by lfim 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 thc 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 e~able the 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 rales 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 arc 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. Petition of the North Andover Conservation Commission ARTICLI~ 80: To see if the Town will vote to amend its zoning By-Law by changing 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 Merrlmac 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 9~0 feet, more or less, to more or less, to the Western boundery of Riverview Street; thence running North- westerly a distance 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 400 feet, more or less, along the easterly boundary of the Merrimac River to the point of beginning. Parcel 2 Beginning at the imersection 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 centerllne of North Main Street to a point in the centerllne of Sutton Street; thence running Northeasterly by said centerline of Sutton Street a distance of 150 feet, more or less, to a point; thence running Westerly more or less, to a point on the Easterly line of the B & M Railroad a distance of 130 feet, more or less, to the centerline of North Main Street. No recommendation. 22 Beginning at a point on the Easterly line of the B & M Railroad and the centerllne 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 110 feet, more or less, by said land of Kmiec 105 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 tess. to 495 feet. more or less, along the Mer- rimack River to the Western lot line of land N/F of Mazarakis 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 8: M Railroad and land of San- Lan Realty Trust Main Street and the point of beginning. Petition of the Planning Board ARTICLE 81: To see if the Town will vote to amend the Zoning By-Laws by adding the following to Section 2: 2.78 Public Parking Area A parking area owned and maintained by the Town of North Andover. Petition of the Planning Board 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 purposes in conjuction with improvements in the downtown area and any costs incurred for this project will be paid from federal community development block grant funds. No raoommendation. N; recommendation. 12.2 Purpose Thc purpose of the 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: I. 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 warer resources, wetlands, floodp]aius, and wildlife. 4. PromoTes diverse, energy-efficient housing at a variety of costs. 12.3 Procedures l. 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 pense in the preparation of plans,~surveys, and other data. Submission of Preliminary Plan Thc 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. Thc 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 23 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 fails to act within 60 days, the appli- cant may proceed to file his definitive plan. a) Planned Development Bounderles, north point, date, scale, legend and title "Preliminary Plan: Planned Development", the name or names of plicants and engineer of designer. b) Names of all abutters, land uses, and approximate location and width of ali adjacent streets. ¢) In general manner, the existing and proposed lines of struts, ways, easements and of any public areas within or next to the Phumed Develop- merit. d) The approximate boundery lines of existing and proposed lots with approx- imate areas and dimensions. e) The proposed system of drainage, including adjacent existing natural waterways and the topography of the land in a general manner. f) Existing and proposed open slmce in a 8anerai manner. g) 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. h) A description of the neighborhood in which the tract lies, including utilities and other public facilities and the goaerai impact of the proposed PUD upon them. i) A summary of environmental concerns relating to the PUD. Submission of Defcnitive 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 Preliminary 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. c) 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 Hoodplain elevation and other natural features requested by the Planning Board. j) The dimensions 6f the existing and proposed bnildin~s in feet. k) The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. Percent of the lot coverage. Average finished grade of each proposed building. The elevation above average f'mished 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. 1) m) n) q) Numbering of parking spaces. 24 r) Height of all 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 all landscape and recreation areas, and depiction of materials to be used (grass, 5-foot shrubs, etc. I. u) Deed or other recorded instrument lhat shows the application to be the owner under option of the land to be designated as a Planned Develop- ment. 12.4 Minimum 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% of the PUD is located within a residential district, at least $1 ~'0 tff 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 Permitted Uses In a Planned Unit Development, thc following uses are permitted: 1. Residential a} Detached 1.2, or 3-family residential structures b) Apartment houses c) Town Houses 2. Business a) Restaurant b) Theater, Museums c) General retail sales and service (except retail sales of automobiles, mobile homes, house trailers and except automobile service station) d) Banks and finacial offices e} Business and professional offices f) Personal services g) Recreation 3. Industrial Use a} Any uses which the Planning Board determines are not injurious to the safety or general welfare of the area. 12.6 Area Regulations 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~/0 of the land shall be set aside ns 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 shah be protected by a conservation restriction as required by G.L. Chapter 40A, Section 9 for common open space in cluster developments. A covenant 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 i:~riods 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 proctxlures for submission of a combined plan and application which shall satisfy this section and the board's regulations under the Subdivision Cootrol Act. Petition of the North Andover Planning Board ARTICLE 83: to se~ 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 estage condominium conversion and amend its Zoning By Law, Section 2 DEFINITIONS, by deleting Paragraph 2.75, 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 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 Distflet 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, conunercial, and/or in- dustrial uses, and a variety of building tyl~s and designs, are detained to be sufficiently advantageous to render it appropriate to grant a Special Permit to depart from 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 land or structure within a PUD which are reserved for active or passive recreation use. This space shall exclude parking areas, driveways, and walkways and open areas in commercial areas such a ~afes 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 ARTICLE 85. To see if the Town will vote to amend its Zoning By Law by adding a new section #13 to 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 converted to single family condominium dwelling units compatible with such Residence Districts, to create new housing involving relatively little new construction, to generate tax revenue w 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 development that is compatible with Residence Districts 1, 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 eligihie 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. No recommendation. No recommendation. No recommendation. 26 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 1o 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% 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 for 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 mcr: (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 Districl if approved by the Planning Board. (b) On open land all facilities and structures fur 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 20% 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. 13.3 Contents of Application An application for a condominium conversion Special Permit shall include the following: 1. 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 structures. 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 struclures. 5. Such other plans, photographs, models or elevmions as the Planning Board shall reasonably deem necessary or appropriate to help understand the 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 enlargement of a building, any material exterior restora- tion, any material change in lhe use of the open space, or in the facilities or structures thereon, shall not be permilted except upon an amendment to the Special Permit which shall be upon petition to the Planning Board and afler a public hearing Iwith the provisions of paragraph 13.5 applying) and upon a finding by the Planning Board that the proposed change or changes do not substantially derogate from the intent and purpose of this subsec- tion. 27 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 therewith, 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 Master Deed, plans and By Laws as having received final review and approval raider 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 amendmenl to the Special Permit shall be endorsed by the Chairman of the Plannintt Board as provided herein for such documents as initially recorded. Petition by the North Andover Planning Board ARTICLE 86. To see if the Town will vote to amend its Zoning By Law by adding a new section #11 to read as follows: Section 11 RESIDENTIAL CLUSTER DEVELOPMENT DISTRICT 11.1 Jurisdiction The Planning Board may grant a Special Permit for cluster development in the Residemial 2 and Residential 3 Districts upon the following terms and conditions set forth in this section. 11.2 Purposes 1. Promoting the more efficient use of land in harmony with its natural features. 2. Encouraging the preservation of valuable open space. 3. Promoting diverse and energy-efficient housing at a variety of costs. 4. Protecting water bodies and supplies, wetlands, flood-plains, agricultural lands, wildlife, and other natural resources. 5. Promoting aesthetics and other amenities. 6. Promoting all purposes set out in General Laws Chapter 40A and this Zoning By Law. 11.3 Re~nlatious The Board shall adopt Regulations for carrying out its duties under this section. 11.4 Proeedures Filing an Application Each application for a Special Permit to duster shall be filed with the Planning Boasd, with a copy filed forthwith with the Town Clerk, and shall be accom- panied by 12 copies of the application signed by the owner with preliminary plans of the entire tract under consideration, prepared by a .Professional Architect, Engineer, or Registered Land Surveyor. Contents of Application Said applications and plans shall be prepared in accordance with requirements for a preliminary subdivision plan in the Rules and Regulations of the Planning Board governing subdivision of land, whether or not the development constitutes a subdivision, and shall include proposed location, bulk and height of all propos- ed buildings. In addition, the applicanl shall provide the following informalion: a) The number of dwellings which may be constructed under this by-law shall be computed by dividing 90% of the lotal land area of the tract for the minimum lot area specified by existing zoning requirements. Total land area shall be exclusive of waterbodies and land prohibited from develop- ment by legally enforceable restrictions, easements, or covenants. b) An analysis of the site, including wetlands, slopes, soil conditions, areas within the 100-year Hood, trees over six inches dbh and such other natural features as the Planning Board may request. c) An analysis of the environmemal concerns relating to the proposed plan in- cluding but not limited to impact on water quality and quantity. d) A description of the. neighborhood in which the tract lies, including utilities and other public facilities, and an analysis of the impact of the proposed plan upon them. e) Evaluation of the open land proposed within the cluster, with respect to size, shape, location, natural resource value, and accessibility by residents of the town or of the cluster. No reoommendation. 28 f) The submitted plan shall delineate all areas subject to the Wetlands Protec- tion Act (M.G.L. Chapter 131. S. 40. as amendedl and all slopes having a grade of greater than 15%. Said delineation to be performed by a ground Instrument survey. g/ The submitted plan shall have been prepared from an on-the-ground instru- ment survey or from an aerial photographic survey and certified to by a Registered Land Surveyor that the topographic survey is accurate lo within one-half of the contour interval. All plans shall show a two-foot contour in- terval and as far as practical be at a forty foot'to an inch scale. Review of Other Boards Before acting upon the cluster application, the Board shall submit the plans to the following Boards, which may review il jointly or separately: The Board of Health. the Conservation Commission. the Board of Selectmen, the Board of Public Works. and the Highway Surveyor. Any such Board or agency to which per,nons are referred for review shall submit such recommendations as it deems appropriate to the Planning Board and the applicant. Failure to make recom- mendation wilhin 35 days of receipt shall be deemed lack of opposition. Public Heanng After the opportunity for review by other Boards has taken place, the Planning Board shall hold a hearing under this section, in conformity with the provisions of G.L. Chapter 40A. Section 9 and the Zoning By Laws and Regulations of the Planning Board. Relation to Subdivision Control Act Planning Board 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 plans for subdivision, nor reduce any time periods for Board consideration under that Act. However. in order to facilitate process- ing, the Planning Board shall, insofar as practica] under existing law, adopt regulations establishing procedures for submission of a combined plan and ap- plication which shall satisfy ths section and the Board's regulations under the Subdivision Control Acl 11.5 Findings of Board the Board may grant a Special Permit under this section only if it finds that the appli- cant has demonstrated the I'ollowing: that the cluster plan will be in harmony with the general purpose of the by-law and the requirements of G.L. Chapter 40A. and the long range plan of the town (if any); that it will not have a detrimental impact on the neighborhood; will be designed with due consideration for health and safety; and ts superior to a conventional plan in preserving open space, minimizing environmental disrup- tion. allowing for more efficient provisions of services, or allowing for greater variety in prices or type of housing. In addition the plan must meet the specific requirements of Sec- tions Il.7 and 11.8. 11.6 Minimum Dimensional Requirements 1. The area of tract to be developed is not less than 10 acres. 2. If the area of the tract to be developed is located in the Residential 3 District then the dimensional requirements of the Residential 4 District shall serve as the annimum requirements. 3. If the area of the tract to be developed is located in the Residential 2 District, then the dimensional requirements of the Residential 3 District shall serve as the mmimum requirements. 4. Minimum width of open land between any group of lots and adjacent abutting properly is 50 feel 5. Except as specified in a Spec/al Permit granted under this section, all requirements of the Zoning By Laws shall continue to apply. 11.7 Required Open Land 1. The areas of the open land must at least equal the sum of the areas by which the lots are reduced below the minimura lot area required for conventional develop- merit of the tract in single family housing and contain at least 25% of the entire tracl, exclusive of land set aside for building lots, roads, parking and land already subject to legally enforceable covenants or easements. 2. Such open land include area(s) suitable for passive or active recreational use and shall have an area greater than 150lo of the total tract. Wetland areas and areas with slopes greater then 15u~0 may not be used to satisfy this requirement. 3. In general, valuable natural ~*esource land such as wetlands not suitable for any public use, or suitable for extensive public recreational use, should be conveyed to 29 the town or to a trust; whereas land which will be principally used by the residents of the cluster should be conveyed to a homes association. The open land and other such facilities as may be held in common shall be con- veyed to one of the following: a) To a corporation or trust comprising a home association whose member- ship includes the owners of all lots or units contained in the tract. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the Town of North Andover over such laud pursuant to M.G.L. Chapter 182, Section 31-33, to insure that such land be kept on an open or natural state and no~. be built upon the residential use or developed for accessory uses such as parking or roadways. This restriction shall be enforceable by the Town through its Conservation Commission in any proceeding authorized by Section 33 of Chapter 184 of M.G.L. In addition, the developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the homes association is capable of assuming said responsibility. In order to insure that the associa- tion will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the North Essex Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum pro- vide the following: 1. mandatory membership in an established homes association, as a require- ment of ownership of any lot in the tract; 2. provisions for maintenance assessments of all lots in order to ensure that the open land is maintained in a condition suitable for the uses approved by the homes association. Failure to pay such assessment shall create a lien on the property assessed, enforceable by either the homes association or the owner of any lot. 3. provision which, so far as possible under the existing law, will ensure that the restrictions placed on the use of the open land will nol terminate by operation of law. b) To a nonprofit organization, the principal purpose of which is the conser- vation of open space. The developer or charity shall grant a conservation restriction as set out in (a) above. To the Conservation Commission of the Town of North Andover for park or open space use, subject to the approval of the Selectmen, with a trust clause insuring that it be maintained as open space. Subject to the above, if any such open space is to be used for active recreational purposes including but not restrictive to tennis courts, gardens, swimming pools, it must be held in home owners trust. Such land area will not be wetlands and shall nol exceed 20% of the total tract or V2 acre, whichever is larger. c) !1.8 Further Rtnluirements I. No use other than residential or recreational shall be permitted. 2. No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this effect shall be shown upon the plan. 3. No certificate of occupancy shall be issued by the Building Inspector until he has certified to the Planning Board that the premises have .been built in accordance. with the plan approved by the Board hereunder. 4. The Board may impose other conditions, safeguards, limitations on time and use, pursuant to its requirements. 5. The Board may grant a Special Permit hereunder for clustering even if the pro- posed development is not subject to the Subdivision Control Law. 6. Except insffar as the subdivision is given 5 years' protection under G.L Chapter 40A, Section 6, Special Permits granted under this section shall lapse within two (2) years, excluding time required to pursue or await the determination of an ap- peal, from the grant thereof, if a substantial use has not sooner commenced or if construction has not begun, except that the Planning Board may grant an exten- sion for gOOd cause and shall grant an extension if the delay was caused by the need to seek other permits. 7. Subsequent to granting of the permit, the Planning Board may permit relocation of lot lines within the cluster. However, any change in overall density, street layout, or open space layout will require further hearings. 8. A Special Permit will not be considered or granted for any tract of land in the Residential 2 District unless said tract of land is presently serviced by town water or will be provided at the expense of the applicant. 9. A Special Permit will not be considered or granted for any tract of land located in the physical watershed of Lake Cochichewick. 3O 10. A Special Permit will not be granted unless the rate of surface runoff is not in- creased by the proposed development for the one in one hundred year 24 hour rainfall event. In addition, the applicant must demonstrate that methods have been incorporated in order to control the increase in the volume of runoff for a one in one hundred year 24 hour rainfall event. Wetlands mens will not be dredged in order to control the rate and volume of surface runoff. 11. Each lot shown on 1he submitted plan shall no! conlain more than a 10%0 wetlands and/or areas within the 100 year flood plain. 11.9 Optional Density Bones 1. Notwithstanding the limitations set out above, the Planning Board, if it deems il otherwise advisable to do so, may as a provision of a Special Permit issued hereunder authorize increases in the permissable density li.e. increase in number of lots) in the proposed cluster, providing that the number of units within the tract shall not be increased more than 15 % over what would otherwise be permit- ted with the cluster, if the applicant provides one or more of the following: a) units of affordable housing up to 10%, one additional building lot per unit. b) traffic or pedestrian improvements ~;e.g. bike paths, bridle paths) up to 5%. c) open space which is landscaped or has unusual value to the community CT tO the residents or comprises an unusually large percentage of the tract, up To 5%. 2. Such density/intensity bonus may include lots submitted under the bonus option as affordable housing units be so designated at the time of the submisson of the plan. Said lots will each be received by a supplemental covenant issued to the Planning Board which will not be released until such time that the requirements spec~ tied under the affordable housing unit definition are satisfied. If in the event the requirements are not met in four (4) years, the bonus option is automatically revoked and the designated lots will be deeded as open space within the clustered area. Petition by the North Andover Planning Board ARTICLE 87. To see if the Town will vote to amend the Zoning By Law by adding the following to Section 2. 2.77 Residential Cluster Development District Cluster Developmem An option which permits an applicant to build single-family dwellings with reduced lol area and frontage requirements so as to create a development in which the buildings and accessory uses are clustered together into one or more groups with adjacent common open land. 2. Homes Association A corporation or trust owned or to be owned by the owners of lots or residential units within a tract approved for cluster development, which holds the title to open land and which is responsible for the costs and maintenance of said open land and any other facilities to be held in common. Open Land open space within a cluster development. Wetlands areas characterized by vegetation descrihed in Chaplet 13 I, Section 40. Affordable Housing Units (AHU} -- new dwelling units, including the lot, which are sold at a price thirty three percent (33%) below the average new house sold in North AndoveT in the six 161 month period immediately preceding the date of sale of the Affordable Housing Unit. The average sale price will be determined from the list of sales found in the Multiple Listing Service or any other method approved by the Planning Board. Petition of the Planning Board 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): Swimming 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 at least four 14) feet in heighl to be deler- mined by the Building Inspector to prevem the entrance of persons other than those residing at the pool location Pools shall be located no nearer the street than the front building line of the dwelling, except by Special Permi~ Petition of the Planning Board 31 No recommendation. No recommendation. 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 desribed 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 Southwesterly 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 Poliz. zotti, 120' to the point of beginning. No recomm®nduti~n. Petition of Loretta L. Willis and others ARTICLE 90. To see if the Town will vote to amend its zoning by changing from R-2 Residential 2 District, to Ind-2, industrial 2 District, the following described parcel of land: Beginning at a point on the southerly sideline of Barker Street at land F/F Barker; thence bounded on the north by land N/F of Barker by various courses a total distance of 3,364 feet, more or less; lhence bounded on the east by land N/F Starmard Realty Trust in two courses a total distance of 1,305 feet, more or less; thence bounded on Ibc south by land N/F of Stella Sobel and J. Albert Bradley Trust, Driscoll and Haphey a total distance of 2,090 feet, more or less; thence bounded on the west by land N/F of McCarthy, Starmard Realty Trust, and Haphey by various courses a distance of 826 feet, more or less, to a point in the southerly sideline of Osgood Street and Barker Street, a total distance of 720 feel more or less, to the point of beginning. Petition of Benjamin Osgood and others No recommendation. ARTICLE 91. To see if the Town will amend the town zoning by-laws by changing 209 Berry Street beginning at a point of Berry Street and running Easterly along Lot #8 be- ing land of Briand, two hundred (200) feet; thence running Southerly along land of Vali- quette, one hundred (100) feet; thence running Westerly along other land of Valiquette, two hundred (200) feet; thence running Northerly along Berry Street, one hundred (100} feet to the point of beginning. Containing 20,000 square feet, more or less from Industrial I to Residential 2 zoning. No recommendation. Petition of Robert A. Arsenault et ux and others ARTICLE 92. To see if the Town will vote to amend its zoning by-law by changing the zoning map of the Town to include a parcel of land hereinafter described within the B-4 district from its present designation of R4 on said zoning map, land and buildings com- monly known as and located at 35 Peters Street, being lots numbers 1, 2, 3, 4, 5, and 6 on a plan entitled, "North Andover Hillside North Andover, Essex Company, Mass." owned by A.J. Landry, fnrmerly owned by Sarah E. Farnham dated December 1, 1924, Ereest W. Branch, Civil Engineer recorded with Essex North District Registry of Deeds as Plan No. 597/1924 and more particularly bounded and described as follows: No recommendation. Beginning at a point on the westerly side of Acushnet Street, at the intersection of Peters Street, thence turning and running at right angles with Acushnet Street by Peters Street as shown on said plan 100.02 feet to a stone wall at land now or formerly of one Driscoll; thence Northerly by the wall and land of Driscol1307 feet; thence turning and run- ning easterly lOI) feet by lot 7 as shown on said plan; then turning running easterly 100 feet by lot 7 as shown on said plan; then turning and running by the westerly line of Achushnet Street 305.48 feet to the point of beginning. Said lot contains 30,000 square feet more or less. Petition of Daniel G. Donovon, Jr. and Eileen P. Donovon and others 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. No recommendation. Petition of John J. Callahan and others ARTICLE 94. To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 {R-4) to Business 4 (B-4) the following described parcel of land: No recommandation. Beginning at a point at the NORTHWESTERLY most coreer of the premises, sai.d point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and running in a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY direction for a distance of 130 feet, more or less, again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner 32 of land now or formerly of Laird; and thence turning and running in a SOUTHERLY direction, on a curved course, for a distance of 694.44 feet. more or less. by land now or formerly of said Laird. Beattie. Camparone. Hoar. Correlle, Dewhurst and Bing,am, to a point being the SOUTHWESTERLY corner of land now or formerly of Buchanan: and thence turning and running in a WESTERLY direction for a distance of 100.6 feet, more or less, through land formerly of said John P. and Kastant J. Shay; and thence turning and running in a SOUTHWESTERLY direction for a distance of 263.55 feet, more or less, again through land formerly of said John P. and Kastant J. Shay to a point at Winthrop Avenue; (for an additional reference depicting the last two courses, see plan of land entitled "Plan of Land Owned by Myrtle Shay located in North Andover, Mass.," dated August 1976, Charles E, Cyr, Civil Engineer, Lawrence, Mass., which plan is recorded with Essex North District Registry of Deeds, Plan No. 7483): and thence turning and running m a NORTHWESTERLY direction by said Winthrop Avenue for a distance of 452 + feet, more or less, to the point of beginning. Petition of M. L. Kettenbach and others ARTICLE 95. Fo see if the Town will vote to accept as Public Ways those ways shown on a Plan of land entitled "Martin Avenue. North Andover. Mass." as laid out and adjudicated b) the Board of Selectmen and to name the street, so accepted, Martin Avenue. it being an extension of Martin Avenue which has previously been accepted. Petition of Michael L. D'Amico and others ARTICLE 96: To see if the Town will vote to appropriate the sum of $. from Revenue Sharing Funds for the purpose of reducing the amount of funds raised for the following budgets: 1. Fire Department Salaries $ 2. Police Department Salaries $_ Petition of the Selectmen $ Laws. ARTICLE 97: To see if the Town will vote to raise and appropriate the sum of to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 98: To see if thc Town will vote to take the sum of $ from available funds for the purpose of reducing the tax rate. Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and at five or more public places in each voting precinct in the Town. Said copies to be posted not more than seven days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, the twenty-ninth day of March in the year of our Lord one thousand nine hundred and eighty two. THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM R. LOUIS DiFRUSCIO Selectmen of North Andover A TFES T ............................... CONSTABLE North Andover, Mass. March 29, 1982 A true copy: ATTEST: DANIEL LONG. Town Clerk. No recommendation. It is recommended that the Town vote to raise and appropriate the sum of $300,000 for the pur- poses of this article and to reduce the amount of funds raised for the following budgets. 1. Fire Department Salaries .... $152,000.00 2. Police Department Salaries .... $148,000.00 It is recommended that the Town vote to raise and appropriate the sum of $175,000.00 for the purposes of this article. It is recommended that the Town vote to raise and appropriate the sum of $400.000.00 from Available Funds for the I~Urpose of reducing the tax rate. 33 0 0 34 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 desrihed 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 Southwesterly 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. No recommendation. Petition of Loretta L. Willis and others ARTICLE 90. To see if the Town will vote to amend its zoning by changing from R-2 Residential 2 District, to lnd-2, Industrial 2 District, the following described parcel of land: Beginning at a point on the southerly sideline of Barker Street at land F/F Barker; thence hounded on the north by land N/F of Barker by various courses a total distance of 3,364 feet, more or less; thence bounded on the east by land N/F Starmard Realty Trust in two courses a total distance of 1,305 feet, more or less; thence bounded on the south by land N/F of Stella Sobel and J. Albert Bradley Trust, Driscoll and Haphey a total distance of 2,090 feet, more or less; thence bounded on the west by land N/F of McCarthy, Starmard Realty Trust, and Haphey by various courses a distance of 826 feet, more or less, to a point in the southerly sideline of Osgood Street and Barker Street, a total distance of 720 feet more or less, to the point of beginning. Petition of Benjamin Osgood and others No recommundatien. ARTICLE 91. To see if the Town will amend the town zoning by-laws by changing 209 Berry Street beginning at a point of Berry Street and running Easterly along Lot ~ be- ing land of Briand, two hundred (200) feel; thence running Southerly along land of Vali- quette, one hundred (100) feet; thence running Westerly along other land of Valiquette, two hundred (200) feet; thence running Northerly along Berry Street, one hundred (100) feet to the point of beginning. Containing 20,000 square feet, more or less from Industrial I to Residential 2 zoning. No recommendation. Petition of Robert A. Arsenault et ux and others ARTICLE 92. To see if the Town will vote to amend its zoning by-law by changing the zoning map of the Town to include a parcel of land hereinafter described within the B-4 district from its present designation of R-4 on said zoning map, land and buildings com- monly known as and located at 35 Peters Street, being lots numbers l, 2, 3, 4, 5, and 6 on a plan entitled, "North Andover Hillside North Andover, Essex Company, Mass." owned by A.J. Landry, formerly owned by Sarah E. Farnham dated December 1,192A, Ernest W. Branch, Civil Engineer recorded with Essex North District Registry of Deeds as Plan No. 597/1924 and more particularly bounded and described as follows: No recommendation. Beginning at a point on the westerly side of Acushnet Street, at the intersection of Peters Street, thence turning and running at right angles with Acushne~ Street by Peters Street as shown on said plan 100.02 feet to a stone wall at land now or formerly of one Driscoll; thence Northerly by the wall and land of Driscol1307 feet; thence turning and run- ning easterly 100 feet by lot 7 as shown on said plan; then turning running easterly 100 feet by lot 7 as shown on said plan; then turning and running by the westerly line of Achushnet Street 305.48 feet to the point of beginning. Said lot contains 30,000 square feet more or less. Petition of Daniel G. Donovon, Jr. and Eileen P. Donovon and others ART1CLE 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. No recommandatiun. Petition of John J. Callahan and others ARTICLE 94. To see if the Town will vote to amend the zoning by-laws and zoning map by changing from Residence 4 (R~.) to Business 4 (B-4) the follnwing described parcel of land: No recommendation, Beginning at a point at the NORTHWESTERLY most corner of the premises, said point being the SOUTHWESTERLY most corner of the premises now or formerly of Delta & Delta Realty Trust: and thence turning and running in a NORTHEASTERLY direction by said Delta & Delta Realty Trust land for a distance of 574.59 feet, more or less, to a point; and thence turning and running in a NORTHERLY direction for a distance of 130 feet, more or less, again by said Delta & Delta Realty Trust land; and thence turning and running in an EASTERLY direction for a distance of 100 feet, more or less, through land formerly of John P. and Kastant J. Shay, to a point being the SOUTHWESTERLY corner 32 of land now or formerly of Laird: and thence ~ urning and running in a SOUTHERLY direction, on a curved course, for a distance of 694.44 feet, more or less. by land now or formerly of said Laird, Beattie, Camparone. Hoar, Correlle, Dewhurst and Bingham, ~o a point being the SOUTHWESTERLY corner of land now or formerly of Buchanan; and thence turning and running in a WESTERLY direction for a distance of 100.6 feet, more or less, through land formerly of said John P. and Kastanl J. Shay; and thence turning and running in a SOUTHWESTERLY direction for a distance of 263.55 feet. more or less. again through land formerly of said John P. and Kastant J. Shay to a point at Winthrop Avenue; (for an additional reference depicling the last two courses, see plan of land entitled "Plan of Land Owned by Myrtle Shay located in North Andover, Mass.." dated August 1976, Charles E. Cyr, Civil Engineer. Lawrence, Mass., which plan is recorded with Essex North District Registry of Deeds. Plan No. 7483): and thence turning and running in a NORTHWESTERLY direction by said Winthrop Avenue for a distance of 452_~ feet. more or less, to the point of beginning. Petition el M. L. Kettenbach and others ARTICLE 95. To see if the Town will vote to accept as Public Ways those ways shown on a Plan of land entitled "Martin Avenue, North Andover, Mass." as laid out arid adjudicated by the Board of Seleclmen and to name the street, so accepted, Martin Avenue, it being an extension of Martin Avenue which has previously been accepted. Petition of Michael L. D'Amico and others ARTICLE 96: To see if the Town will vote to appropriate the sum of $ from Revenue Sharing Funds for the purpose of reducing the amount of funds raised for the following budgets: 1. Fire Department Salaries $. 2. Police Department Salaries $ Petition of the Selectmen ARTICLE 97: To see if the Town will vote to raise and appropriate the sum of to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Petition of the Selectmen ARTICLE 98: To see if the Town will vote to take the sum of 5; from available funds for the purpose of reducing the tax rate. Petition of the Selectmen And you are directed to serve this Warrant by posting true and attested copies thereof at the Town Office Building and at five or more public places in each voting precinct in the Town. Said copies to be posted not more than seven days before the time of said meeting. Hereof, fail not, and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting. Given under our hands at North Andover, Massachusetts, the twenty-ninth day of March in the year of our Lord one thousand nine hundred and eighty two. THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM R. LOUIS DiFRUSCIO Selectmen of North Andover ATTEST. .............................. CONSTABLE North Andover, Mass. March 29, 1982 A true copy: ATTEST: DANIEL LONG. Town Clerk. No recommendation. It is recommended that the Town vote to raise and appropriate the sum of $ 300,000 for the pur- poses of this article and to reduce the amount of funds raised for the following budgets. 1. Fire Department Salaries ..... $152,000.00 2. Police Department Salaries . .. $148.000.00 It is recommended that the Town vote to raise and appropriate the sum of $17S,(}00.00 for the rmrpOses of this article. It is recommended that the Town vote to raise and appropriate the sum of $400,000.00 from Available Funds for the purpose of reducing the tax rate. 33