The URL can be used to link to this page

Home My WebLink About1979 WARRANTTOWN OF NORTH ANDOVER Articles of the Warrant FOR THE ANNUAL TOWN MEETING TUESDAY, MAY 29, 1979 at 7:00 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 Tuesday, May 29, 1979, at 7:00 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 regis' tered voter in the Town of North Andover, your vote will be counted at this meeting to amend, adopt or reject articles contained in me Town Warrant. REPORT OF THE ADVISORY COMMITTEE TOWN MEETING, MAY 29, 1979 FELLOW VOTERS OF NORTH ANDOVER: This year's Town Meeting warrant contains articles as requested by town departments and other petitioners for operating expenses of departments, salaries for town employees, and various other expenditures. Our committee has done an in-depth review of each town budget and all articles, and our recommendations are indicated alongside each individual article. During our deliberations, we have been cognizant of President Carter's budget guidelines, as well as the state's tax cap legislation. After a great deal of review, we have arrived at what we consider to be reasonable budget amounts which will continue to provide the types of services our town is accustomed to, and yet, which will require a certain amount of austerity on the part of our town administrators. Our recommendations call for total expenditures of $13,043,649 during fiscal 1980. Removing the recommended bond issue total orS1,213,160 and prior years' commitments of $1,501,775 for such things as debt redemption, county retirement, bond and note interest, and so forth, we are left with an operating budget of $10,328,714. This figure represents an increase of approximately 4% above the comparable current fiscal operating budget of $9,931,945 and meets the tax cap legislation. Among the new bond issue articles are the extension of the sewer from Pleasant Street along Marblebridge Road over to Johnson Street, and also new water mains for portions of South Bradford and Dale Streets. We are also recommending the bonding of a new ambulance, a new sewer section on Furber Avenue, and some new equipment for the Highway Department and the Board of Public Works. The School Department has requested a budget of $5,910,771 which represents nearly a 9% increase over their current fiscal budget. After close scrutiny of these requested funds, we are recommending a 6% increase in total salaries, in line with other town employees, and a 4% increase in School Department general expenses. The total recommended school budget is $5,733,345, an overall increase of about 5¼ %. If our recommendations are followed, we estimate that the tax rate will increase by about $7.00. Beyond that, the tax rate will increase an estimated $1.00 for every additional $45,600 appropriated by your vote. We, as your representatives, spend many hours reviewing and discussing matters.related to the Town's finances. Our time is well spent when you, the interested voters, support our recommendations at Town Meeting. The Advisory Committee wishes to thank all Department Heads and their staffs for their fine cooperation during our reviews. Respectfully submitted, NORTH ANDOVER ADVISORY COMMITTEE Thomas F. Dunn, Chairman Carol G. Good, Secretary Leo M. Donovan John J. Greenwood Mark O. Henry William Hickey Nicholas J. Kelley Joseph M. Lyons Gustave A. Weigel RESERVE FUND TRANSFERS JULY l, 1978 to APRIL 10, 1979 Board of Health - Sanitary Engineer $1,000 Boar~ of Health - Sanitary Engineer 392 Board of Health -Sanitary Engineer 577 Board of Health - Sanitary Engineer 468 Board of Appeals - Expenses 100 Electrical Inspector - Expenses 600 Special Legal Account - Services 588 Board of Health - Sanitary Engineer 362 Board of Health - Sanitary Engineer 375 Special Legal Account - Services 925 Board of Health - Expenses 170 Election & Registrars - Expenses 4-,230 Special Legal Account - Services 200 Board of Health - Sanitary Engineer 398 Board of Appeals - Expenses 615 Gas Inspector - Expenses 135 Total Transferred to Date 11,705 Balance April 10, 1979 38,295 Appropriation 1978 Town Meeting 50,000 From July 1977 to June 1978 the Advisory Committee transfered $41,416 of the $60,000 appropriated for the year for unforeseen or extraordinary expenditures. At the close of the fiscal year, $18,584 was transfered to the Snow Removal Account to reduce the tax rate. Account closed with a zero balance. Article 18. 19. 20. 21. 22. 24. ~7. S8. ~9. 30. 31. 32. 33. 34. TALLY SHEET OF ARTIOTRS REQUESTING F~NDS Description Requested MVRTA - $ Contract Bus Service ** MVRTA - Contract Rail Service ** Community Center - Lease & Operation 8,000 To~n Office Bldg. - Repairs & Renovations 5,000 Town Office Bldg. - Emergency Lighting 3,000 ~o~n Of~fice Bldg~ - Repair.Radi~ ~o~er 800 Chickering Road - Sidewalk & Curbing 4,500 Electronic Voting Machines 34,318 Indemnification Town Employees 5,000 Town Farm - Raze Buildings 6,500 Town Farm - Repair Barn & House..Raze Sheds 40,000 Town Farm - Appraisals.. ..Fair Market Value 1,O00 Collective Bargaining - Contractual Employees 117,807 Personnel By-Law - Longevity 1,400 Personnel By-Law - Wage Inc~ease..Full-Tlme Administration Unspecified Recommended 6,000 2~0 3,000 800 0 5,000 0 117,807 1,400 18,098 Voted ...,K'O ~ 0 ~3ooo ~o 0 0 0 0 /o 0o //7 $07 I)/~ o 35. Personnel By-Law - Wage Increase..Part-Time Clerical Unspecified 1,864 /~. 36. 37. 38. 39. 40. 44. 54. 55. 56. 57. 58. Personnel By-Law - Wage Increaseo.Part-Time Library Group Personnel By-Law - Wage IncP~ase..Reserve Patrolmen, Crossing Guards Personnel By-Law - Wage Increase..Fire Engineers Personnel By-Law - Wage Increase..Gas Inspector Personnel By-Law - Wage Increase..Wire Inspector Personnel By-Law - Retroactive Longevity Personnel By-!~w - Police & Fire Chiefs Salary Ratio Planning Board - Town Planner Public Works - Water Analyst-Ins pector Citizens' Petition - Trash Pickup..Villa'ge Green West Assessors - Re-evaluation Police Cars Fire Dept. - Ambulance Fire Dept. - Four Additional Firefighters Fire Dept. - Rascue Boat Bradstreet School - Hea~ing System Uns pe cif ied Unspecified 250 7oo Unspecified 100 above P-1 Max. " F-1 " 16,850 10,O00 5,000 17,000 35,000 33,000 52,~22 2,200 30,000 1,532 1,215 /=%/C ~ 70 o 24o dy 0 zoo /o o above P.1 Max " F-1 ~ 16,850 /~ ~-o 10,000 /0 0~o 0 0 0 17,000 30,000 32,000 Bond 0 2,200 60. 61. 62. 63. 6~. 65. 66. 6?. 68. 69. 'Fo. 71. 72. 73. ?~. 75. 76. 77. 78. 79. 80. Bradstreet Scholl - Bldg. Improvements School Dept. - U~date Engelhardt Survey Greater Lawrence Mental Health Greater Lawrence Dmug Council Highway Dept. - Equipment Highway Dept. - New Landfill Site Highway Dept. - Chapter 90.. ReimbuPsible Highway Dept. - Catch Basins Highway Dept. - Guard Rails Highway Dept. - Street Signs Highway Dept. - Sidewalks Highway Dept. - Drainage Highway De pt. Public Works - Water Analysis Public Works - Chickering Rd. Overpass Public Works - Construction Public Works - Drainage.. .. Grogan's Field Public Works - South Pumping Station Re surfa ce Public Works Equipment Public Works - Lake Monitor Sewer Extension - Pleasant St. ..Marbleridge Rd.. Johnson St. 12,000 6,000 13,000 11,500 97,000 17,000 44,739 3,000 8,000 2,500 8,500 20,000 - Street Maintenancel00,O00 3,500 1,500 11,000 5,000 7,500 36,880 5,000 950,000 12,000 6,000 13,000 I0,000 97,000 Bond 17,000 64,739 2,000 4,000 1,172 5,000 12,500 100,000 1,000 0 5,500 0 15,650 Bond 0 950,000 Bond 81. Patching Water and Sewer Trenches 82. 83. Replace Water Main - So. BradfOrd St. - Dale St. Chlorinators - So. Pumping Station 85. Tennis Courts - Carl Thomas Playground Renew Water and Sewer Services 86. Replace Sewer - Furber Ave. Reserve Fu~d Total Less articles if a.pproved for borrowing 5,000 105,000 20,000 30,000 4,500 40,000 50,000 Recommendation on these articles to be made at Town Meeting 3,000 60,510 Bond 18,O00 Bond 4,500 40,000 Bond '50,0,~0 $1,745,027 $1,213,160 $ 531,867 ESSEX SS: To either of the Constables of tAe Toga of North Andove~ GREETINGS: In the name of the Commonwealth of M0zsachasetta. and in compliance with Chapter 39 of the General Laws, and as reeenfly amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andover Town By-Laws, Article 1, Sertion 4, you are hereby directed to notify and warn the iflhab~tants o! the Town o! North Aadover who are qualified to vote iA Town Aff~irs to meet in the Veteran's Auditorium of our North Andover Middle School on Tuesday, May 29,1979 at seven (7:00) 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 voted upon at the Annual Town Election on March 5, 1979. ARTICLE 2. To elect all Town Officers not required by hw to he elected and expen- ditures as presented by the Selectmen. Petition of 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 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 Selectmen ARTICLE 5. To see if the Town will vote, that in the event the appropriations voted at this Town Meeting ~or general government purposes shall exceed any tzx cap or tax limitation law imposed by the State on expenditures for general government per- poses, such actions shall be intended as a vote of the Town to purposely override any such tax cap er tax limitation law, Petition of the Selectmen ARTICLE 6. To see if the Town will vote, that in the event the appropriations voted at this Town Meeting for the operation of the North Andever Sebeol De- partment shall exceed any tax cap or tax limitation law imposed by the State on expert- ditures for the operation of the North Andover School Department, such ~ctinns shall be intended as a vote o! the Town to purposely override any such tax cap or tax llmita- tion law. Petition of the Selectmen ARTICLE 7. To see if the Town will vote, that in the e~ent the appropriations voted at this Town Meeting shall exceed any tax cap or tax limitation law imposed by the State, such actions shall be intended as a vote of the Town to purposely override any such tax cap or tax limitation law. Petition of the Selectmen 8 It is recommended that the Town refer to the ~c~:ctmen the appointmem of Town ~ not r~luimd by law or By-Law to be otbemdse chaeen. It is recommerlded that the reoor~ be ac- cepted. It is recommended that the Town vote to fix the following annual salaries of the cL:cted of- rices of the Town effective from July 1, 1979 each per annum ................... $ 2,n00 al ~ ..................... 300 B~rd al A~sm. mc# per nn~m~ ................... 3,One Cl~irmaa of tba 8~. d/l~ar~ ....... 1,000 votn ,,Il al his worn burs m Amm~or ........................ 10,741 Baard of Public Wed~ - aaa per mmm ................... aU0 Town T _r~F___~ .................... 21.0:il ~ Suwe~or ................... 20,181 Tree Wardnn ....................... :1,110 F~ Rqabt Twa Mee~ ............ 100 For ~ -_~__~1 Town MeadnO ........ SO Taw. Cl~k ........................ 1:1,82:1 RecemmendatJon to be made at Town Meed'ada. Recommendation to be made at Town Meet~j. Recommendation to be made at Town Meeting. ARTICLE 8. To see what action the Town will take as to the budget recommenda- (See a~checl Budget sheets.) tions of the Advisory Committee. Petition of the Selectmen RECOMMENDED BUDGET APPROPRIATIONS 1979 - 1980 Item No. GENERAL GOVERNMENT 1. Selectmen Salaries and Wages Administrative Assistant Expenses Out of State Travel 2, Treasurer Salaries and Wages Expenses 3. Tax Collection Salaries and Wages Expenses 4. Assessors Salaries and Wages Expenses 5. Accountant Salaries and Wages Expenses 6. Town Clerk Salaries and Wages Expenses 7. Election and Registrars Salaries and Wages Expenses 8. Town Counsel Annual Retainer 9. Moderator Salary 10. Advisory Committee Salaries and Wages Expenses 1 1. Capital Budget Committee Expenses 12. Planning Board Salaries and Wages Expenses Budget Deportment 78-79 Requests Advisory Committee Recommends Increase $38,513 $40,013 $20,513 $1,260 19, 26O 7,600 9,300 8,200 600 500 500 500 0 36,546 37,770 37,770 1,224 4,175 4,375 4,375 200 19,515 19,515 19,515 0 8,125 18,450 18,050 9,925 35,693 38,176 10,450 12,685 11,180. 9,000 9,000 9,000 0 200 200 200 O 1,365 1,360 1,360 (5) 200 200 200 0 1,075 1,020 1,020 (55) 4,620 5,335 4,535 185) 3,300 3,895 3,445 145 1,830 1,830 1,830 0 13,180 13,375 15.442 2,262 21,434 22,581 22,520 1,086 900 1,O00 900 0 35,433 36,358 36,358 925 5,051 5,625 5,625 574 Item No. 13. Board of Appeals (Zoning) Salaries and Wages Expenses 14. Personnel Board Salaries and Wages Expenses 15. Council for the Aging 16. Conservation Commission Salaries and Wages Expenses Professional Services 17. N.A. Historical Commission 18. Town Hall and Garage Bldgs. Salaries and Wages Expenses 19. Annual Town Meeting Expenses TOTAL: General Government Staff Agencies PUBLIC SAFETY 20. Police Department SalaHes and Wages Expenses 20A.School Crossing Guards Salaries and Wages Expenses ! 21. Fire Department Salaries and Wages Expenses 2IA.Forest Fires and Forest Salaries and Wages Expenses 22. Dog Officer Salary Expenses 23. Civil Defense Salary Expenses Budget 78-79 1,575 300 2,730 468 17,300 945 895 1,000 400 5,000 20, 500 4,875 314,693 545,762 53,500 18,900 1,100 747,227 29,300 0 500 7,000 3,725 1,639 3,530 10 Department Requests 2,667 766 2,730 790 17,300 1962 4013 4,300 6,000 22,100 6,600 352,191 563,165 59.800 20,247 1,815 788,686 41,150 10OO 1000 7,000 4,600 1,748 4,227 Advisory Committee Recommends 2,135 425 2,730 49O 17,300 1341 875 1,000 400 6,000 21,500 6,375 338,916 548,017 56,600 21,150 1,200 767,029 33.050 0 500 7,000 4,300 1,748 3,700 Increase 56O 125 0 22 0 396 (20) 0 24,223 2,255 3,100 2,250 100 19,820 3,750 0 575 109 170 Item No. 24. Building Inspector Salaries and Wages Expenses 25. Wiring Inspector Salary Expenses 26. Gas Inspector Salary Expenses 27. Sealer of Weights & Measures Salary Expenses TOTAL: PUBLIC SAFETY PUBLIC HEALTH AND SANITATION 28. Board of Health Salaries and Wages Expenses 29. Greater Lawrence Sanitary District Per share Capital per share Operation 30. Animal Inspector Salary 31. Garbage Disposal Contract TOTAL: PUBLIC HEALTH AND SANITATION PUBLIC WORKS 32. Board of Public Works Salaries 33. Sewer Maintenance and Construction Salaries Expenses 34. Water Maintenance and Construction Salaries and Wages Expenses 35. Perks and School Construction Salaries and Wages Expenses Budget 78-79 31,191 2,635 4,000 1,000 8OO 300 1,800 650 1,454,541 18,265 9,102 45,702 231.699 42O 21,156 326,344 1500 41,814 23,500 147,236 138.720 40,894 11,500 11 Department Requests 32,116 3,500 4,000 1,545 8OO 50O 2,000 650 1,539,549 18,764 18,040 43,309 150,935 42O 21,456 252,924 2,000 43,294 24,700 147~852 145,O00 42,340 12,250 Advisory Committee Recommends 31,801 3,065 4,0OO 1,525 8OO 5OO 1,900 600 1,488,485 18,249 15,520 43,309 150,935 2 42O 21,456 249,8~9 43,294 24,700 147,852 145,O00 42,340 12,000 Increase 610 430 0 525 0 200 100 (50) 33,944 (16) 6,418 (2393! 180,764) 0 3OO (76,455) 300 1,480 1,200 616 6,280 1,446 50O Item No. 36. Tree Department Salaries and Wages Expenses 37. Dutch Elm Disease Labor Wages Expenses 38. Insect Past Control. Salary and Wages Expenses 39. Street Lighting Expenses 40. Streets-General Maintenance and Highway Surveyor Salaries and Wages Expenses 41. Snow Removal Expenses 42. Refuse Disposal Salary and Wages Expenses TOTAL: PUBLIC WORKS WELFARE 43. Veterans Benefits Expenses 44. Graves Registration Salaries Expenses TOTAL: WELFARE SCHOOLS 45. N. A. School Department Salaries and Wages: For the Budget Year Less Applied Federal Funds Appropriate for Salaries Expenses: General Expenses Out-of-State Travel Total Expenses Less Applied Federal Funds Appropriate for Expenses Budget 78-79 49,098 9,744 9,149 2,300 19,754 5,100 206,676 97,000 110,000 129,915 30,000 1,153,900 30,000 200 500 30,700 4,408,003 {75,000) 4,333,003 1,017,581 2,479 {25,000) 995,060 12 Depa~ment Requests 50,798 10,426 9,149 2,461 19,754 5,457 93,500 215,296 101,850 110,000 134,307 35,000 1,205,434 34,000 200 5OO 34,700 4,735,808 0 4,735,808 1,174,963 0 1,174,963 Advisory Committee Recommends 50,214 10,231 9,149 2,400 19,754 5,400 90,000 213,086 100,000 100,000 132,307 32,000 1,181,527 30,000 200 500 30,700 4,672,483 (65,OOO) 4,607,483 1,060,862 0 1,060,862 Increase 1,116 487 0 lO0 O 6,410 3000 (10,000) 2,392 2,O00 27,627 0 264,480 10,0OO 274,480 43,281 (2,479) 25,000 65,802 item No. 46. Regional Vocational School - Allocation of Cost to N. Andover TOTAL: SCHOOLS 47. Stevens' Memorial Library Salaries and Wages Expenses TOTAL: RECREATION 48. Playgrounds and Bathing Beaches Salaries and Wages Expenses 49. Recreation Council Salaries and Wages Expenses TOTAL: RECREATION EMPLOYEE'S BENEFITS 50. Group Insurance Covering Present Benefit Plan Only 51. Unemployment Compensation 52. Essex County Retirement Pensions TOTAL: EMPLOYEE'S BENEFITS UNCLASSIFIED 53. Rental of Veterans Headquarters 54. Patriotic and Civic Celebrations 55. Fourth of July 56. Insurance, General 57. Industrial Commission Expenses 58. Special Legal Services TOTAL: UNCLASSIFIED Budget 78-79 162,333 5,490,396 Department Requests 112,258 6,023,029 Advisory Committee Recommends Increase _ 112,258 (50,075) 5,780,603 290,207 276,387 279,313 279,313 2,926 20,000 20,000 10,500 {9,500) 335,961 362,600 362,600 26,639 632,348 661,913 652,413 20,065 1,200 1,200 1,200 0 800 895 895 95 5,200 5,200 5,200 0 105,000 161,427 150,000 45,000 100 7,000 119,300 13 72,258 76,390 75,590 3,332 17,150 19,270 19,270 2,120 9,160 9,460 8,810 (350) 100 1OO 0 7,O00 7,000 O 175,822 164,395 45,095 37,548 38,960 38,960 1,412 8,400 8,700 8, 550 1 50 135,511 141,824 141,724 6,213 105,511 109,174 109,174 3,663 30,000 32,650 32,550 2,550 Item No. DEBT REDEMPTION 59. Water Main Notes and Bonds 60. Fire Statiorr 61. Town Garage 62. Police Station 63. Town Garage Add'l. 64. Land Acquisition 65. Bulldozer 66. Fire Truck 67, Sewer Bonds 68. School Bonds 69. Tennis Courts TOTAL: DEBT REDEMPTION INTEREST ON DEBTS 70. Fire Station 71. Town Garage 72. Police Station 73. Town Garage Add'l. 74. Land Acquisition 75. Bulldozer 76. Fire Truck 77. School Bonds 78. Short Term Borrowing 79. Tennis Courts 80. Sewer Bonds 81. Water Main System Notes and Bonds TOTAL: INTEREST ON DEBTS GRAND TOTAL: Advisory Budget Department Committee 78-79 Requests Recommends Increase 106,400 145,000 145,000 38,600 10,000 10,000 10,000 0 90,000 90,000 90,000 0 7.000 0 0 7,000 15,000 15,000 15,000 0 20,000 20,000 20,000 0 20,000 20,000 20,000 O --- 10,000 10,0OO 10,000 25,000 25,000 25,000 0 480,000 480,000 480,O00 0 15,000 15,000 15,000 O 788,400 830,000 830,000 41,600 3,965 3,355 3,355 (610) 7,830 2,610 2,610 (5220) 137 O 0 (137) 1,913 1,148 1,148 (765) 2, 550 1,530 1,530 { 1,020) 3,400 2,550 2,550 {850) 780 1,300 1,300 520 263,433 240,223 240,223 (23,210) 15,000 20,000 20,0(X) 5,000 2,138 1,283 1,283 (855) 4,982 3,995 3,995 (987) 19,918 20,681 20,681 763 326,046 298,675 298,675 (27,371) 10,844,437 11,592,451 11,232,917 388,480 14 TOWN WARRANT COMMONWEALTH OF MASSACHUSETTS NORTH ANDOVER 1979 ESSEX SS: To either of ~e Constables of d~ Town o~ North Amtow~. GREETINGS: In the name of the Commonwealth of Massachusetts, and in compliance with Chapter 39 of the General Laws, and as recently amended by Chapter 8, Section 9A of the Acts of 1974 and our North Andovec Town By-Laws, Article 1, Section 4, you are hereby directed to notify and warn the inhabitants of the Town of North Andover are qualified to vote in Town Affairs to meet in the Veteran's Auditmfium of our North Andover Middle School on Tuesday, May 29,1979 at seven (7:00) P.M., then and there to act upon the following Articles: ARTICLE 1.' The election of Town Officers appearing on the ballet have already been ¥oted upon at the Annual Town Election on March 5, 1979. ARTICLE 2. To elect all Town Offiesrz not required by law to he elected and expert- ditures as presented by the Selectmen. Petition of Selectmen ARTICLE 3. To see if the Town will vote to accept the report of receipts and export- ditures as presented by the Selectmen. Petition of 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 Selectmen ARTICLE 5. To see if the Town will vote, that in the event the appropriations voted at this Town Meeting for general government purposes shall exceed any tax cap or tax limitation law hnposed by the State on expenditures for general government pur- poses, such actions shall be intended as a vote of the Town to purposely override any such tax cap or tax limitation law. Petition of the Selectmen 15 It is recommeflcflKI that the Town refer to the Selectmen the appointment of Town Officers not recluited by isw or By-Law to be otherwise It is recommended that the report he ac- cepted. It is recommended that the Town vote to fix the following annual saledes of the elected of- rices of the Town effective from July 1, 1979 sack ;er oanum ................... $ 2,085 Chairman ef the Board of Sekwtmen ..................... 300 Beard d Asoassers. oaeh pm oaoam ................... 3,000 Chairman of the Bd. of Aoaoaoars ....... 1,O0O Tim immmt Cimirnmn of the Bd. of Asam~on provided tlmt he de- v.,~ aB of his we~dng hours te dm perlm~ame of hb dutbs oa /Lmsoar ........................ 10,741 B~rd of floalth - asch per oanum ................... $00 Board of Pubic Works. iNich per nnnum ................... 8GO Town Treasurer .................... 21,831 lliohw~y Surveyw ................... 20,181 TmWardoa ....................... 3,116 Modemtor For Regubr Town Meeting ............ ! O0 For EB~h Speciel Town Meeting ........ SO Town Cl~k ........................ 13,823 Recommend~tiafl to he mede at Town Meeting. ARTICLE 6. To see i~ the Town will voto, that in the event the appropriations voted at this Town Meeting for the operation of the North Aedover School D~ partment shall exceed any tax cap or tax limitation law imposed by the State on expen- ditures for the operation o! the North Andover School Department, such actions shall he intended as a vote of the Town to purposely override any such tax cap or tax limita- tion law. Petition of the Selectmen ARTICLE 7. To see if the Town will vote, that in the event the appropriations voted at this Town Meeting shall exceed any tax cap or tax limitation law imposed by the State, such actions shall be intended as a vote of the Town to purposely override any such tax cap ~' tax limitation law. Petition of the Selectmen ARTICLE 8. To see what action the Town will take as to the budget recommende. tions of the Advisory Committee. .Petition of the Selectmen ARTICLE 9. 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 l~ws. Petition of Selectmen ARTICLE 10. To consider the reports of all Special Committees. Petition of Seleetman ARTICLE 11. To see if the Town will vote to authorize the Board of Health to ap- point one of its members to She pesition, of Board of Health Physician, as provided by Section 4A of Chapter 41 of the General Laws. Petition of Selectmen ARTICLE 12. To see if the Town will vote to appropriate for the use of the Stevens Memorial Library the sum of $5,949.00, which the Town has received from the State under the provisions of Chapter 78, Section 19A of the General Laws. Petition of Trustees of Stevens Memorial Library ARTICLE 13. To see if the Town will vote to amend the By-Laws of the Town in the following manner: 1) Amend Article I, Section 2 to change the notice requirements for Special Town Meetings from "seven" days to "fourteen~ days. 2) Amend Article I, Section 5, SubSection 6 to change the date of submiseion of an- nual budgets to the Advisory Committee from "November lst" to "December 1§." 3) Delete Article V, Section 1 The assussmsut of taxes shall be completed and the tax list and warrant shall he delivered to the Collector of Taxes on or before the fifteenth day of August, and the tax bills shall he distributed on or hefore the seemtd day of September in each year. Delete Article V, Section 2 The Collector of Taxes shall use all means and processes provided by law lot the colleetion of taxes remaining unpaid after the first day of January of each year. 5) Delete Article V, Section 3 The compensation of the Collector of Taxes sl2~l he fi~ed annually by vote of the Town. 6) Delete Article IX (this is the old sign By-Law wh/ch was replaced by a new one p~nd at the Apr/l 1978 Town Meetingl. 7} Delete Article X There shall be an annual audit of the accounts of the Town to he nmde by the Director of the Division of A~ounts in the Department of Corporations and Taxa- tion, in accordance with the provisions of Chapter 44, of the General Laws. 8) Amend the second sentonee of the second paragraph in Article XI-A to include a $10.00 Administrative fee so that the ~entonce would now read, "An impounded dog shall he released to its owner or keeper upon payment of an adrni~tra~ive fee of $10.00, tvldch is wo~ved on tke fi~st offenz~ plus the pound fees {as establish- ed by the Seleetmen~, and, i~ ne~seary, upon its'being properly licensed. 9) Amend the last sentence of the fourth paragraph in Article XI-A which now reads, "An~t person ~vko f~ls to comply/tv~th ~n~/ o~tstand~g order o/ rest~r~nt sha~ be dee~nec~ ~o /t~e co~mi~ted a breach of tl~ B~-Law ami sha~ be pmzish~d therefor b~t a fine o.f ~ot ~nore tkan ten dollara', so that it will read as follows: who f~s to compl~/ with any o~t~tandCng order o/ restraint shall be deemed to have co~mitted a breacl~ of thi~ C/mpter." 16 Recommendation to be made at Town Meeting. Recommendation to be made at Town Meeting. ISee attached Budget sheets.) R is recommended that the Town vote to ADOPT this article. R is r~ommended th~ the Town vote to ADOPT this article. it is recommended that the Town vote to ADOPT this article. R is ~mefldsd that the Town VOte to ADOPT this article. Recommendation to be made at Town Meeting. 10) Delete the last paragraph of Article XLA 'Tf a complaint is sought under said Section 173A, if it is the first offense subject to that Section ~vlthin a calendar year the payment to the cle~'k of the court oft fine of five dollars shall operate as a fiaal disposition of the case. If it is the second offe~se so committed in the calendar year, the payment of a fine of tea dollars shall operate as a final disposition of the cas~' if it is the third offense so commit- ted in a calendar year the payment of a fine of fiftoen dollars shall so operate; arid if it is the fourth or suheeguent offense so committed in the calendar year the pay- ment of aline of twenty-five dollars shall so operate. "and insert in phce thereof the following: "The penalty far violations of this Chapter shall be in accordance with Chapter 140, Section 173A of the General Laws." 11) Delete Article XII Previous to the erection of a new building or the alteration of any existing one, notice shall be filed with the Board of Assessors by the owner of the property. 12) Delete Article XII-B Every employee of the police, fire and library departments as well as every employee in the town infirmary and every clerical employee of the Town, except employees appointed or employed by the school committee, who have completed six months of continuous service, shall be granted leave without loss of pay for absence caused by sickness, injury or exposure to contagious disease or by serious illness or death of a member of the employee family, provided, however, that ex- cept when accumulated as hereinafter provided such leave shall not aggregate more than fifteen working days in any year, and such leave not used in a year, may be accumulated up to but not exceeding thirty days of use in a subsequent year. Such leave not used prior to termination of any empleyee's service shah lapse and an employee shall not be entitled to any compensation in lieu thereof. 13) Delete Article XII-C Any beard, officer or department having charge of any surplus and unneeded per- senal property belonging to the Town may dispose of the same with the prior ap- proval of the Selectmen. 14) Amend the By-Laws by changing the month of appointment for members of the Zoning Board of Appeals, the Gas Inspector and his assistant, and the Wiring In- spector and his assistant to the month of April and that the terms of new ap- pointees shall commence on the frrst day of May. 15} Amend the By-Laws by adding the following new section: "Viohtinns of any provisions of these by-laws or rules and regulations of any Town Department or Board may be handled as a noncriminal offense in ac- cordance with.provisions of Chapter 40, Section 21 D. of the General Laws." 16} Amend the By-Laws by adding the following new section: "If any provision of these By-Laws of the Town shall ha held invalid, the re- mainder shall not be affected thereby." 17) Delete Article XHI, Section I, which' now reads as follows: "Any person violating any By-Laws of the Town shall be punished therefor by a fine of sot more than fifty dollars for each such offense." and insert in place thereof the following: "Any person violating any By-Laws or Regulations of the Town shal~ in cases not otherwise provided far, be Funished therefor by a fine of fifty dollars for each such offe~4se." 181 Amend the By-Laws by renumbering aH the sections so that the By-Laws shall now road as follows: Chapter 1: General Provisions Section 1.1 Date of Adoption The By-Laws contained herein shall be in force and effect on and afeer May 29, 1979. Section 1.2 Repeal of Previous By-Laws All By-Laws or parts of By-Laws heretofore adopted which are inconsistent with the provisions of these By-Laws are hereby repealed and annulled; but the provisinus of the foregoing By-Laws so far as they are the same as the provisions of By-Laws heretofore adopted shall be construed as a continua- tion thereof, and not as new enactments. The repeal of a By-Law heretofore adopted shall not affect any act done, ratified, or confirmed, or any right accrued or established, or any action, suit, or preceeding commenced or had in dvil case, nor affect any punish- ment, penalty, or forfeiture incurred under such By-Law. Section 1.3 Amendment Procedure These By-Laws may be amended or repealed at any Town Meeting, provid- ed, an article or articles for that purpose have been inserted in the warrant of said meeting. Section 1.4 Separability Clause If any provision of these By-Laws shall be held invalid, the remainder shall not be affected thereby. Section 1.5 Penalty Provisions Any person violating any By-Laws or Regulations of the Town shall, in cases not otherwise provided for, be punished therefor by a fine of fifty dollars for each such offense. Section 1.6 Noncriminal Dispositions of Violatioas "Violations of any provisions of these By-Laws or rules and regulations of any Town Department or Board may be handled as a noncriminal offense in accordance with the provisions of Chapter 40, Section 21 D. of the General Laws." Chapter 2: Town Meeting Section 2.1 Date of Elections The Annual Town Meeting for election of officers sh~ll be held on the first Monday in March. Section 2.2 D~te of Ann~ Bus/~ss Mee~ After the election of Town Offi~ whose n~mes appear on the ballot, and the vote upon such questions as nmy also appear, the Annual Meeting in each year shall stand adjourned for the consideration of all other matters in the warrant to 1.,B0 o'clock in the afternoon of the fourth Satur- day in April, at a place to be designated by the Selectmen in the warrant for seid meeting. The warrant shall also state the date and hour of asid ad- journmeet. Section 2~3 When a Town Meeting shall be adjourned to a time certain that/s more than fourteen days from the time of adjournment~ the Towu Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three or more public places in each pl'~inct in the Town two days at least befere the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. Section 2.4 Posing Warr~t The Warrant fer any Town Meeting shall be directed to either of the Can- stables, who shall serve the same by posting a true and attested copy thereof at the Town Office Building and at five or more public places iu each precinct of the Town, not less than seven days before an Annual Town Meetin~ and fourteen days before a Spechtl Town Mee~n~. Section 2.5 Qno~m No business shall be transacted at any Annual or Special Town Meeting ex- copt by the unanimous vote of thee present and vot~, unless there shall. be present at least 1.5o/o of the registered voters of the Town; provided however, that a number Isss than such quorum may adjourn such meeting from time to t~ne. Section 2.6 Reco~s~erutlo~ ~oge Unless the Moderator shall otherwise rule, for reasons which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall he entertained during that meeting or any adjourned session thereof. Section 2.7 Secret Upon motion duly made and seconded, at any Annual or Special Town Meeting, and upon the n~rmative vote of at least 25~5 of the voters pre- sent at smd Aanua~ er Spe~al Town Meetly, any article in the warrant for the said Annual or Special Town Meeting shall he voted upon by AustrAllnn (Secret) l~allot. Section 3J~ Appro~gio~ tMo~ep An Article in the Warrant for any Town Meeting proposing that the Town vote to "r~se and appropriate" a sum of money for some proper purpose shah be taken to propose that the suggested appropriation may be met not only by taxation, but also by proper t~ansfer from available funds in the Town Treasury, or by proper municipal borrowing or by any or a com- bination of these sources of funds, all as the Town may vote. Section 2.9 Aj~opr~a~ Ag No article calling for the appropriation of funds shall he ~onsldered at any Spoeisl Town Meetin~ unless the proposed expenditure is recommended by the Selectmen and the Adv~r~y Committee. Chapter 3: Admtni~ta. ation Section 3.1 Selectme~ (A) Tow~ Defense The Selectmen, in addition to their general duties, shall have authori- ty to defnnd suits brought against the Town, unless otherwise ordered by a vote of the Town. (B) Ammal Repozt The Selectmen shall annually cause a report to be printed which shall contain a statement of their doings during the preceding financial year, together with a report of the School Commlttee, and of such other officers, boards and committees as they may designate. Such reports shall contain detailed information as to the action of the Town taken at Town Meetings hehi since the last such roport, and data as to sur. h other matters as they may deem expedient or es the Town may vote to have included therein. Such annual Town roport shall he bound in pamphlet form, and shall he ready for distribution to any in. terested person prior to the Annual Town Meeting in each ye~tr. Section 3.2 Ad~o~y Committee There shall be an Adv~ory Gommittee con~stin~ of nine e~tieeas of the Town, other than Town of~s, ~ppointed or eleeted. The Moderator shall appoint three members ~eh year for a term of three years the terms of said members to expire on the thirtieth day of June. For the initial committee to be appointed hereunder, the 18 Moderator shall appoint three members for a term of three years, three members for a term of two years and three members for a te~n of one year, all of such terms to expire un the thirtieth of June at the end of such term. Any member of said Committee who shall he ap. pointed or elected to Town office or a committee or board ether than the Personnel Board or the Capital Outlay Committee sludl forthwith upon his qo~liflcation in such office, and any member who has rumor- ed from the Town shall upon such move, cease to he a member of said Committee. The Moderator may rescind an appointment to the com- mittee if the appointee has failed to attend one-half of its regular meetings and may fill any vacancy for the unexpired term. Said Committee shall choose its own officers. The members of said Committee shall serve without salary. The Advisory Committee may employ, subject to an appropriation therefor, a Secretary. In the event of any vacancy in.its membership, the Advisory Commit~ tee shall notify the Mederator in writing, and the Moderator shall thereupon fill such vacancy, (B) Recommendations on Articles The Advisory Committee shall consider all matters of business in- cluded within the articles of any warrant for a Town Meeting, and shall after due consideration, make a report or recemmendat}on as to each article. The recommendations shall he those of a majority of those present and voting, provided that a quorum of five (5} members of the Committee shall he present, but this shall net he construed to prevent recommendations or reports by a majority of said committee. (C) Authority to Investigate Departments The Advisory Committee shall have authority at any time to in- vestigate the books, acceunts and management of any department of the Town, and to employ such expert and other assistance as it may deem advisable for that purpose and the books and accounts of all departments and officers of the Town shall he open to the inspoction of the Committee and any person employed by it for that.porpese. The Committee may appoint subcommittees of its members and delegate to them such of its powers as it deems expedient. (D) Ann~d Bad!tut The various Boards, Officers and Committees charged with the expen- diture of Town money shall, not later than the fifteenth of December of each year, prepare detailed estimates of the an~ounts deemed by them necessary for the administration of their respective offices or departments for the ensuing fiscal year, with explanatory statements of the reasons for any changes from the amounts appropriated for the same purpose in the preceding year. They shall also prepare estimates of all probable items of income which may he received by them during the ensuing year in connection with the administration of their departments or offices, and a statement of the amount of ap- propriatinn requested by them for the ensuing fiscal year. Such estimates and statements shall he ~ed with the Town Accountant who shall at once transmit the same to the Advisory Committee, and shah be on forms approved by the Committee. The Ad~'Committee shall duly consider the estimates and statements ~ by the Town Boards, Officers, and Committees and may confer ~ith said Boards, Officers, and Committees, and hold hear- The [ttee shall thereupon recommend such sums and in t division of ~s as it considers necessary and cenvenient~ (E} He lugs and Repan Th Committee shal ~e at least one public hearing net less than ton da~ proceeding thl late of the Annual Business Meeting, upon all ma _~rs to he con~ ~d by them. They shall prepare and distribute amo]l~ll~Y,p_tersjll~ ~o said meeting, printed copies of such findings and recnSl~[['dons as they see fit to make, and shall report the same to said meeting. For this purpose and for the performance of their other duties, hereunder, they may incur such reasonable ex- penses as may he necessary. IF) Rules and Regulations The Committee may make such rules and regulations, not inconsistent with this Section or any other By-Law of the Town or with the General Laws Of the Commonwealth of Massachusetts, as it may deem necessary and advisable, to carry out its duties and obligations. Section 3~3 Cap/ta/Budget Committee (A} Organizat~rn There is hereby established an unpaid committee to he known as the Capital Budget Committee, composed of one member of the Advisory Committee, appointed by and from it, one member of Planning Board appointed by and from it, the Town Accountant, ex-officio, and four additional members to he appointed by the Selectmen. The members from the Advisory Committee and the Planning Board shall he ap- pointed for one year terms. The other members shall originally be ap pointed for terms of one, two, three and four years, and thereafter for four year terms. The terms of appointive members shall expire on June 30 of the appropriate year. Vacancies shall be filled/or the unox- pired terms and in the manner of the urigiunl appointments. ~) The committee shall annually prelmre a Capital Budget Program for use by the Advisory Committee, the Phaning Board, the voters and other Town Boards and Officials in their deliberations. The committee shall publish such report or u summ~y thereof in a suitable manner, deposit the original with the Town Clerk and present it to each An- nual Town Meeting for its action. Section 3A Cmz~-'//on Ag/rig IA) There is hereby established a local eauurJl on aging, eansisting of not less than seven nor more than eleven voting members. Of this number, the chairman, and not less than three nor more than five per- sons shall he appointed by the Selectmen. The chairman of the council, when appointed, shall designate the remaining members of the council from interested and representative groups in the community, (B) D~t~es The council shall be responsible to the Selectmen, and its members shall serve wltheu$ compensation, and within the limits o/available funds, it may appoint such clerks and other employees as it may re- quire. It shall he the duty of the council to carry out programs design- ed to meet problems of the aging in coordination with programs of the Mass~ehusette Commission on Aging. Scetion 3.5 Conservat~m Commissio~ (A) Performmwe Craanmtee Re~e~t The Conservation Commission shall be empowered to require a per- formanre guarantee for work authorized by any order issued by said Commission under Section 40 of Chapter 131 of the General L~. ws. Such work may he secured by a proper bond or a deposit of money or negotiable securities, sufficient in the opinion of the Commi,~slon to secure performance of the work authorized. Such bond or security ff fded or deposited shall he approved as to form and manner of exeeu- tiun by Town Counsel. Release of any surh performance gum~mtee shall he made upon issuance by the Commission ufa certificate of com- pliance with its order. Section 3.6 Zoning Board of Appea~s (A) There shall be a Zoning Board of Appeals, which shall have the powers and duties prescfl"oed by, and which shall he subject to the previsions of the Chapter 40A, Section 12 of the General L~ws of the Commonwealth. Said hoard shall consist of five regular members, to he appointed by the Selectmen for terms of such length and so arrang- ed, tlmt the terms of one app~ntee will expire on April 30th of each year. ~he Selectmen shah also appoint two associate members of said board for terms of such length, and so arranged, that tho terms of one such appointee will also expire on April 30th of each year. The Chair- man of the Zoning Board of Appeals shall when necessary, designate one of the associate members thercof to serve in the place ufa regular member who is absent or is for any reason dis~lnalified or unable to act in a p~rticular ease, and, when so-cleslgoated, such aesociate members shall have the powers and perform the duties of such regular memher during the latter's absence or disqualification. Section 3.7 Toum Con,scl A majority of a committee consisting of the Town Clerk, the Town Treasurer, the Moderator, the Highway Surveyor, and after a vote of each of the following Boards or Committees: the Chairman of the Board of Selectmen, the Chairman of the Board of Assessors, the Chairman of the Board of Public Works, the Sehaol Committee Chair- man, the Board of Health Chairman and the Chairman of the Planning Board shall annually in June appoint and, subject to appropriation therefor, fix the compens&tisn of an Atterney-A~Law who ch~l be a resident of the Town and a memhe~ in good standing of the Bar of the Commonwealth, to serve as Town Counsel for the term of one year from the first day of July next following, and until his successor shall have been duly appointed and qualified. Said committee shall likewise fill any vacancy in said office for the unexpired term thereoL The Selectmen may employ Special Counsel to assist the Town Counsel whenever, in their judgment, the necessity therefor arises. lB} D~t~es The Town Counsel shall, subject to the direction of the Selectmen, conduct the prosecution, defense or compromise of all legal pro- coedings to which the Town is a party and the prosecution or defense 20 Section 3.8 Section 3.9 Section 3.10 Section 3.11 Section 4.1 Section 42 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 as the case may be, of all legal proceedings by or against any Town of- fleer, board or cemmittee. He shall prepare or approve all legal in- struments to which the Town is a party or in which any right of in- terest of the Town is involved, shall advise any Town officer, board or committee upon any and all legal matters and proceedings affecting the performance of his or its official duties, and shall perform such other duties as may be imposed upon him by these By-Laws or vote of the Town. Greater Luurr~nce Sa~dtary Dist~ct Representative The Selectmen shall have the power and authority to appoint, by majori- ty vote, members of the Greater Lawrence Sanitary District, established by Chapter 750 of the Acts of 1968. Gas Inspector The Selectmen shall annually, in April appoint a Gas Inspector who shall enforce the Rules and Regulations promulgated by the Board originally established under Section 12H of Chapter 25 of the General Laws, and who shall have such other powers and duties as may be prescribed by law. At the same time they shall appoint an Assistant Gas Inspector, who shall in the absence or other disability of the inspector, perform his duties as the Selectmen may direct. The Selectmen shall also fix, and may from time to time by their order amend, a schedule of fees to be charged for gas inspections. Inspector of Wires The Selectmen, shall annually, in April, appoint an Inspector of Wires who shall have the powers and duties prescribed by Section 32 of Chapter 166 of the General Laws and all other governing statutes and duty prescribed rules and regulations. At the same time, they shall appoint an Assistant Inspector of Wires, who shall, in the absence or other disability of the Inspector, perform his duties as the Selectmen may direct. The Selectmen shall also fix, and may from time to time by their order, amend a schedule of fees to be charged for wire inspections. Civic Holiday Celelrration Committee The Selectmen shall annually appoint a committee of nine voters of the Town, to be known as the Civic Holiday Celebration Committee, each of whom shall hold office for the term of one year, or until his successor shall have been duly appointed and qualified. The unexpired term of any member of said Committee shall be filled by the Selectmen. Said Commit- tee shall expend all or part of such funds as the Town may appropriate therefor for the public observance and celebration of the Fourth of July and of such other legal holidays, or days of historic interest to the Town, as the Selectmen may from time to time designate. Chapter 4: Revenue and Finance Fiscal Year The financial year of the Town shall begin with the first day of July and end with the thirtieth day of the following June. Warrant for Payments No money shall be paid from the Town Treasury, except the state and county taxes and hank discount, without a warrant therefor signed by the Selectmen. Promissory Notes All promissory notes of the Town shall be signed by the Treasurer and counter-signed by the Selectmen. Financial Reports All Town officers, boards, and committees, who in any way receive or ex- pend money belonging to the Town, shall keep a record of their official acts, and an account of their receipts and expenditures; they shall make an annual report to the Town in season to be audited and incorporated in- to the Annual Town Report. Deposit o. f Receipts All Town officors, hoards, and committees, who shall receive money in behalf of the Town, shall pay to the Treasurer monthly, and oftener ff so required by the Selectmen, all money so received. All other persons w.ho shall have in their passe.ion money belonging to the Town Shall pay 'the same forthwith to the Town Treasurer. Surety Bond Requirement The Superintendent or other official charged by the Board of Water Cam- missioners with the duty of collecting and receiving money due the Town, shall give a bend in a penal sum and with sureties approved by the Board of Selectmen. Conflict of Interest No officer, hoard or committee of the Town shall have any pecuniary in- terest, either direct or indirect, personally or through another person, in any loan, contract or employment of any sort made, by, with or for that department to which his or its duties appertain. Ali contracts or employments made in violation of this By-Law shall be void 0z to the Town, and no bills therefor shall be approved, audited or paid. 21 Section 4.8 Seotion 5.1 ~un 5£ And/tot It shall be the duty of the Auditor to inspect all bills presented against the Town; to see that they I~ve the approval of the officer, board, or commi*~ tee contracting the same, and are in proper fo~n; to indicate the account to which they are chargeable; and, if there are funds, to transmit said bills with his certificate to the Selectmen, who ~hnll draw their warrarlt on the Town Tresnoror authorizing payment thereof; to ~ the books and accounts of all town officer~ hoards, and committees receiving and expen- ding monay; to investigate the conditions of all funds and trust funds held for the benefit of the Towm He shall verify the mount of funds in the hends of the town officera, boards and committees by actually counting the cash in their possession, and by personal applications at banks of deposit, slull ascertain the amounts held thorein to the credit of the Town. He shall report to the Town in detail undor each department all re~elpts and expenditures by tho Town br the previous ~,~1 year. Chapter tic Public Works and Properly Public $ffeets a~ Wa~ (A) Rules ami Reg~at~on~ The Selectmen my mnlre such rules and regehtions as they deem necessary, under the Revised Laws, in relation to the passages of carriages, sleighs, street ears or other vehicles through the streets and way~ of the Town or the ~ of sleds or other vehicles ~or cooztin~ therein. Any wo' htien of said roles and regulations shall be punished by a fine of not less than one dollar nor more than twenty (B) Snowy e~d la R~moval No snow or ice shall be deposited upon any portion of a way open to pebl/c travel for the safe maintenance of which the Town is responzi- bls, except by Town Employees ~Lcting in the proper performance of their duties. This pro-~ision shall not prohibit un ucenp~nt of premises abutting upon such a way from clearing snow ~r ice from a sidewalk in front of such premises, or from that part of any driveway or other means of uccees from such premises to the way, providing that such clearing does not result in a narrowing of the travelled pertion of the way as defined by prior snow removal eedures performed by Town Employees. (C) Street Excavat~m Per~gt No person shall make any excavation or other substantial change in a Town way open to public travel without first obtaining a permit therefor from the Highway Surveyor. Such a permit .skql! be granted only upon ~ written application therefor, which sha~ eont~n such informflt~on as to the propo~ excavation change se the Highway Surveyor may require, and the permit may contain any reasonable requh'ement, including the applicant's procurement of an ~lequate performance bend assuring his compliance with such re- quirements, the amount of such bond to be set by ~he Highway Surveyor. In the event that such excavation ~nnot be completed within twelve hours, the Highway Surveyor shall forthwith make all necessary repairs to the surlace of the way, and the applicant shall he responsible to the Town for the incident expenses. fl)) Dr4vewa~y Permits No driveways or other means of oec~s to privately owned property from any publi~ way or any way m~iutalned by the Town uc shown on an approved subdivision plan shall be constructed unless a permit for its entry into said way shall first have been issued by the Highway Surveyor. Com~o~ Se~ver~ o~Z H~e The Benrd of Selectmen may dechLre any sewer laid in any land, street, or way, public or private, opened or proposed to be opened for public travel, to he a common sewer and the same shall not be laid or connected with any existing conunon sewer except by the board of officers authorized by law to lay and maintain common seweF$. (B) Regu/at~ns for Ho~se Dra~s The Board of Health may make and enforce regulations for the public health and safety relative to house drainage and its cennec- tions with sewers, if a public sewer abuts the estate to be drained. (C) L~ceuse Required for Ho~se Drain C~n~ect~m No persna shall enter Ms drain into any common sewer without a written licer, se from the ~ of Selectmen, and any person enter- ing under such license shaft comply with such rules and regulations as to material and construction es the Board of Selectmen may presc~be. Said l~oard may close any drain entering a commna sewer for fal]ore to comply with the provisions of the By-Law. No excavation shall be made within a public way in connecting such Section 5~ Section 5.4 Section 5.5 Section 5.6 Section 5.7 Section 6.1 Section 6.2 private drain~ with a common street except under the direction of the I-Ii~hway Surveyor or other persons having charge of the streets of the Town~ Permiss~m to Open H~ldra~ts No person shall open any hydrant of the wate~ system of the Town without permlss~on previously obtained from the Board of Water Com- missionors; provided, however, that nothing in this section shall be con- strued to prohibit the usc of hydrants and water by the chief of the Fire Department, or the person acting in his stead, in case of Fire. Littering 1% person shall deposit, or causc to allow or be deposited, any garbage waste, refuse, bottles, cans, paper materials or any other rubbish or litter of wh~atever nature of description, upon any public or private way within the Town, or upon any private property therein without the consent of its owner or upon any Town owned property without the express consent of the municipal officer or agency having jurisdiction thereof. Any person found guilty of violation of this article shall be punished by the payment of a fine of not more than fifty dollars for each such offense. Recycleble Refuse The removal from a public sidewalk, way or any usual point of residential rubbish pick-up, any material specifically set apart from ordinary household rubbish for the purpose of being recycled, under the recycling progrozn of the Town, by porsons.other than those properly authorized to pick up such material, is hereby expressly prohibited. Behaver O~ Pub//c Pcoperty (Al D/so~e~/~ Co~du~t No person shall belmve in a rude or dism~erly manner, nor usc loud, profane or indecent language, nor throw stonsc, snowballs or other missiles in any street or other public place. (B) Lo,teeing No person shall loiter upon any sidewalk, street or way of the Town, or upon private property thereto without the eenscnt of the owner thereof, after he has been requested by a constable or police officer to depart. (C) Conzumptlen of Alcoholic Beverages No person shall drink any alcoholic beverages as defined in Chapter 138, Section 1, of the Massachusetts General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have aescsc as invitees or licensees park or playground, or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of this By-Law shall be scized and safely held until ~u~l adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful posscs~on, provided such portion of the above defined hovorages used for analysis shall be dispesed of according to law. There shall be no trespassing on any property normally used for school purposes while school is in scssion, nor from one hour after sunset to one hour before sunrise. There shall be no trespassing at any time on any of the Town triangles. There shall be no trespassing in parks and playgrounds from one hour after sunset to one hour before sunrise on any day. No usc shall be made of town fnrest and town farm grounds from sunset to sunrbe except with the special permission of the Select- Obsolete am~ Surplus Mute~ls Any B0~rd or Officer in charge of any department of the Town, may with the approval of the Selectmen, scli or otherwise dispose of any porsunal property of the Town within its possession or control which has become obsolete or which is no longer required for use of such departmenf~ prc~ vialed, that the records of the Selectmen shall contain full information con- corning the request of such department head f~r authority to dispose of such property, and their reasons for approving such request. Chapter · Licensing and Business Regulations Fruit a~d Vegetable Pedd~rs No person shall go through the streets or ways of the Town as a hawker or peddler, scliing or exposing fur sale fruits or vegetables, without first obtaining a written liconsc from the Selectmen of the Town; provided that this By-Law shall not apply to a person engaged in the pursuit of agriculture who peddles fruits or vegetables. Jum~ Dealers No person shall keep a shop for purchase, sale or barter of junk, old metal or secend-hond articles, or shall go from house to house co~lerting or pro- curing by purchase or barter any such art~cies, without a written licensc 23 Section Section 6A Section 6.5 Section 6.6 Section ?.1 Section 72 Section 7~ Section 7.4 Section 7.5 Section 8.1 Section 82 from the Board of Selectmen. The fee for such license shall not be ]ess than one dotlar. Each license shall continue in ire'co until the first day of May ensuing unless sooner revoked by the Selectmen. Junk Yards No person shall aceumuist~, keep store, part, place, repair, deposit or per- mit to remain upon premises owned by him or under his control, mor~ than one unregistered vehicle or any dis*~nthd, unservieabte, junked, or abandoned motor vehicle unless he is licensed to do so under the Cveneral Laws or unless he received written permission to do so from the Bonrd nf Selectmen 9~ter a hearing. Written permission may anly be granted lay said Board on condition that the owner agrees to s~een the permitted vehicle or vehicles from view from neighboring land, ways, or public highway~ for breach of ~hlch agr~nnerrt said permission shall he revok- ed. Tiffs By-Law shall not apply to agricultoral vehicles in u~ on an operating farm. Whoever violates oe coatinues to vfohto this By-Law after havin~ been not2_~ed id such violation shall be punished by a fine of $50. Each week during which such viohfion is permitted to continue shall be deemed to be a sopasato offense. Ho*trs for Sz~e Statio~ For the purpose of controlling and abating noise, no automobile service station within the Town shall conduct business, except in case of an emergency, between the hours of 10 PM. and 5:30 A.M. Hours.for Common Victualer L~ense The Selectmen may, for the purpose of controlling and abating noise, mulgate orders, not hicensistent with any governing statute, estab~ the hours during which any holder of a e0mman victuallers license may open his licensed premises to the public. Se/f-Sexy/ce Ga~ No persons owning or operating a gasoline filling station shall allow the pumping of gasoline for retail sale without an attendant employed lay the station present to hold the gas nozzle while gasoline is being pumped into the tank of the vehicle. Chapter 7: Animals L~,ash Law No owner or keeper of any dog shall permi~ it to reave its owner's keeper's premises unless it is held firmly on a leash. The owner or keeper of a dog shall be that person normally responsible for the mairltonal~ and upkeep of the premises upon which the dog is kept, and need not necessarily be the pe~san to whom a dog license may have been issued. The dog officer shall be the enforcing officer of this By-Law, and may seek complaints against persons in violation bereof under provisions of Section 173 A of Chapter 140 of the General Laws. Iral~l~nent of Dogs The dog officer may cause a dog to be impounded if it be found without a proper license, or found at large or out of control oula~de of the bounds of the property of its owner or keeper. An impounded dog shah ho relnssed to its owner or keeper upon payment of an admlni~-ative fee of $10.00 plus the pound fees (as established by the Selectmen) and, if necessary, upon its being properly licensed. Rest'mint ~ The dog officer may order the owner or keeper of a dog to restrain it after it has been impounded twice; he may remove such an order of restraint he is satisfied that the dog is unlikely to repeat its offense. Any person who fails to comply with any outstanding order of restraint shah be deem- ed to have committed a breach of this chapter. Di,~pesal o.f U~clairacd Dog~s A dog impounded and unclaimed by its owner or keeper after a ton day period, shall be disposed of in accordanco with the pro 'wsions of Massachusetts General Laws, Chaptor 140, Section 15lA. Peonlt~t The Penalty for violations of this Chapter shall he in accordance with Chapter 140, Section 173& nf the General Laws. Chapter 8: Miscetlaneens O/f/c~/To~n Sea/ The following shall be the device of the official Town SeaL In the center of a double circle, view of a portion of Lake Cochicbewick, showing an Indian in a canoe upon its surface, with the words "Lake Cochichewich* appear- lng below the canoe, and with the words, "Settled lt~I6" appearing at the top of the circumference of the inner circle, and the words April 7, 1855" appearing at the bottong in the space between the inner and outer circles appear the words "Town of North Andover' at the top of the seal and the word "Massachusetts" at its bottom. Discharge o.f Firearms No person shall fire or discharge any firearms or explosives of any kind on any prNate property, except with the consent of the owner or legal document thereof, provided, however, that this By-Law shall not apply to the lawful defense of life or property nor to any hw enforcement officer acting in the discharge of his duties. ARTICLE 14. To see ffthe Town will vote to accept the provisions of Chapter 53 Section 9A of the General Laws. (The final date for obtaining blank nomination papers for nomination to city or town office shall be forty-eight week day hours prior to the hour on which nomination p~pel~ ~ reqni_~ to be submitted to the registrars for cer- titivation.) Petition of the Board of Registrars ARTICLE 15. To see if the Town will vote to authorize the Selectmen to aplx/nt their Admi~latrative Assistaut as Executive Secretary for the Board of Sel~nen, to act by and for them in any matter which they may azzign to him, all as provided by Sec- tion 23A of Chapter 41 of the General Laws. Petition of the Selectmen ARTICLE 16. To see if the Town will vote to authorize the Sdectmon to appoint two permanent patrolmen to the North Andover Polite Department who have passed a queliiying Civil Service physical and written exam, all in accordance with Civil Service rules and regulations. Petition of the Selectmen ARTICLE 17. To see if the Town will vote to authorize the Selectmen to petition the County Commissioners, or take whatever action is necessary, to discontinue that portion of Clark Street a public way being that area of land shown on a Plan of Land in North Andover for Borden Company and shown on said Plan as "Parcel A' dated December 10, 1975 drawn by Hugh F. Dankley said parcel being bounded and described as foliow~ Beginning at an iron pin set in the easterly line of Clark Street, at the southerly corner of land now or formerly of the Borden Company, and the westerly we- net id land now or formerly of W'flliam D. Haphey as shown on Essex North District Registry id Deeds plan number 7334. Said point of beginning being about 200 feet {two hundred fee0 northwesterly id the north westerly line Osgeed Street; thence running N - 28- 27 - 40 - W, 76023 feet by land now or formerly id the Borden Company to an angle; thence turning and running N - 42 - 36 - 30 - W, 242.64 feet by lands now er tormerly of the Borden Company and the Airport Commls~on of the City id Lawrence to a point; thence turning and running S - 52 - 49- 06- W, 50.22 feet by the discontinued portion of Clark Street as shown on Essex North District Registry of Deeds plan number 4137; thence turnin~ and running S - 42 - 36 - 30 - E, 241.19 feet by land now er formerly of the Airport~Commlssion id the City of Lawrente to an Essex County Bound; thence turning and running S- 28- 27- 40 - E, 754.12 teet by lands now or formerly of the Borden Company and the ALrport Commission id the City of Lawrence to a point; thence turning and running N- 61 - 32- 20- E, ~0,00 feet by Clark $treet to the point of beginning;, Said parcel containing 49.950 square feet more or les~ Petition of the Selectmen ARTICLE 18. To see if the Town will vote to authocize the Sel~men to enter into a contract with the Merrimack Valley Regional Transit Authority for the continuation of bus sorviees to the Tow~ Petition of the Selectmen ARTICLE 19. To see if the Town will vote to authorize the Selectmen to enter into a contract with the Merrimack Valley Regional Transit Authority to provide the Town w/th commuter rail service to Boston. Petition of the Selectmen ARTICLE 20. To see if the Town will vote to raise and appropriate the sum id $~,000, to be expended under the direction of the Selectmen for the purpose id leasing and operating the North Andover Community Center buildings to serve as a Communi- ty Center for use of the elderly and youth of the Town. Petition of the Selectmen ARTICLE 21. To see if the Town will vote to raise and appropriate the sum of $5~00, to be expended under the direction of the Selectmen for the purpose nf mak/ng repairs and renovations to the Town Office Building. Petition of the Selochnen It is re~M~mended that the Town vote to ADOPT this article. It is, recommended that the Town vote to ADOPT this article. UnfavMable action is rem)mmended on this er- tide. It is moommended that the Town vote to ADOPT this a~tiole. Recommendati~ to be made at Town Meeting. Reoommendation to be talKie at Town Meet~g. It is recommended tbet the Town vote to raise and appropriate the sumot $6,000 to be eX- pended under the (MentiOn of the Selectmen for the puqs~se of isa~ing and operating the NMth Andover Community Center buildings to sews as a Commonity Cent~ for use of the elderly and y~th of the Town. It is mcommonded timt the Town vote to raise 25 ARTICLE ~2. To see if the Town will vote to raise and appropriate the sum of $3,000, to he expended under the direction of the Selectmen for the purpose of pm viding emergency lighting in the Town Office Building in accordance with the State Building Code. Petition of the Selectmen ARTICLE 23. To see if the Town will vote to r~iee and appropriate the sum of $800, to be expended under the direction of the Selectmen for the purpese of making repairs to the radio eommunieaUon tower k~ated on the roof of the Town Office Ru~ding. Petition of the Selectmen ARTICLE 24. To see if the Town wi~ vote to authorize the Selectmen to aplmint a study committee of up to seven (7) citizens to investigate and make recommendations on the need to reorganize those Town Boards involved with land use plaaning and regtda- tion; particularly the Planning Board, Board of Health, and Conservation Commission, the purpose of the study being to ensure that the orpni~ntional strnoture and relation- ships between these Bo~ds provide for maximum eom~lination and efficient use of the staff assigned to them. Petition of the Selectmen ARTICLE 25. To see ff the Town will vote to authorize the Selactmen to appoint a study committee of up to seven {7) citizens to investi~gate and make reeommendatiens on the need to roorganise the Highway, Public Works, and Tree Departments, the pur- pose of the study being to ensure that the organizatiomd structure and rehtien~, hips between these Departments provide for m~imum coordination and eifi~ient'nse of the personnel and equipment ~algnsd to them. PeUtion of the Selectmen ARTICLE 26. To see if the Town will vote to raise and appropriate the sum of $4,500, to he expended under the direction of the Highway Surveyor for the purpose of ins~lllng a Sidewalk a_~d curb~g on Chic~ering Road as ShOWn On the State Plan f~or the installation of pedestrian traffic signals. Work to he done under the direction of the Highway Surveyor. Petition of the Selectmen ARTICLE 27. To see if the Town will vote to raise and appropriate the sum of $~4,188, to he expended under the direc~on of the Selectmen for the purpose of por- chasing electronic voting machines. Pet~on of the Selectmen ARTICLE 28. To see if the Town will vote, pursuant to Section 9 of Chapter 258, Mass. G.L., as ~sertod by Chapter 512 of the Acts of 1978, to raise and appral)riate $5000 to effect insuranre providing indemnity for each of~cer and employee of the town, including the school departmenr~ from personal loss and expense, in an amount of up to SLO00,O00, arising out of any elshu, agtion, aword, compromise, setUement or judgment by reason of an intentional tort, or by reason of any act or omission which con. stitutes a violation of the civil rights of any person under federal or state law, if such employee or officer at the time of such intentional tort or such act or omission was acting within the scope of his offic/al duties or employment, and provided that no such employee or officer shall ha indemnified for violation of any such civil rights ff he acted in a grossly negligent, willful or malicious manner. Petition of the Sdectmen ARTICLE 29. To see if the Town will vote to raise and appropriate the sum of $6~00, to be expended under the direction of the Selectmen for the purpe~e of razing all the buildings of the North Andover Town Farm located on the Northerly side of Dzle Street with the exception of the shed utilized by the Department of Public Works. Petition of the Selectmen ARTICLE 30. To see ff the Town will vote to raise and appropriate the sum of $40.000, to be expended under the direction of the Selectme~ for the purpeee of repair- ing the barn and the house and razing the connecting sheds of the North Aedover Town Farm buildings located on the Northerly side of Dale StreeL Petition of the Selectmen 26 It is recommended that the Town vote to ADOPT this artide. It Is moommended that ttm Tow~ vote to ADOPT this mlicle. It is recommended fllat the Town vote to authndzo the Selectmen to apl~int a study committee of a mlnbl~um of five 15) citizens to investk~e and make recommendat~ns on the r.~ to reurgenize ~(~e Town Boards in- volved with land use planning and regulation; particularly the Planning Board, Board of Health and Conservation Commission; the ~ of the study being to ensure that the o~ganizational structure and relationships bet- ween rinse Boards provide for maximum It is racom that the Town vote to Unfavorable action is recommended on this ar- tide. It is recor;.,ended that the Town vote to ADOPT ~ article. UnfovMal~, action is recommended on ~ ar- tk~e. ARTICLE 31. To see ff the Town will vote to raise and appropriate the sum of SL000, to be expended under the direction of the Selectmen for the purpose of securing two estimates of the fair market value and the plot plan of the premises on the norther- ly side of Dale Street known as the Town Farm with the intent that the Selectmen will submit an Article into a future Town Warrant for the purpose of selling a part of the said premises. Petition of the Selectmen ARTICLE 32. To see if the Town will vote to raise and appropriate the sum of $117~07, to be expended under the direction of the Selectmen for the purpose of im- plementing Collective Bargaining Agreements reached with Town contractual employees. Petition of the Selectmen ARTICLE 33. To see if the Town will vote to raise and appropriate the sum of $1,400 for the purpose of amending Section 12 of its Personnel By-Law (Longevity In- crements~ by increasing each longevity step ~by $100. Petit/on of the Personnel Board ARTICLE 34. To see ff the Town will vote to raise and appropriate the sum of $15,098 for the purpose of amending Schedule B included in Section 7 of its Personnel By-Law by increasing ail of the salary rates listed therein by 6%, excluding, however, the compensation of these Town employees whose renumeration is to be established by collective bargaining process. Petition of the Personnel Board ARTICLE 35. To see ff the Town will vote to raise and appropriate tl/e sum of $1,864 for the purpose of amending Section 8 of its Personnel By-Law (P~rt-time posi- tions classified in clerical groupl by increasing the salary therein by 6%. Petition of the Personnd Board ARTICLE 36. To see if the Town will vote to rai~ and appropriate the sum of $1,532 for the purpose of amending Section 9 of its Personnel By-Law (Part-time posi- tions classified in Library Group) by increasing the salary rates listed therein by 6%. Petition of the Personnel Board ARTICLE 37. To see ff the Town will vote to raise and appropriate the sum of $1,215 for the purpose of amending Schedule E of Section 7 of its Personnel By-Law (Misreilaneous Compensation Schedule) by increasing the eompensatinn listed therein by 6% for the positions of Reserve Patrolmen and School Crossing Guards. Petition of the Personnel Board ARTICLE 38. To see ff the Town will vote to raise and appropriate the sum id $250 for the purpese of amending its Personnel By-Law (Misrelhnoous Compensation Schedule - Fire Engineer and Deputy Ch/el), from $1,260 per year to $1,385 per year. Petition of the Personnel Board ARTICLE 39. To see if the Town will vote to raise and appropriate the sum of $700 for the purpose of amending its Personnel By-Law {Miseelianeous Compensation Schedule - Gas Inspector~-from $800 to $1,500. Petition of the Personnel Board Unfavorable action is recommended on this ar- ticle. It is recommended that the Town vote to raise and appropriate the sum of $117,807 for the purpose of this article. It is recommended that the Town vote to ADOPT this article. It is recommended that the Town vote to raise and appropriate the sum of $18,098 for the purpose of amending Schedule B included in Seotion 7 of its Personnel By-Law by increas- ing all of the salar~ rates listed therein by 6%, excluding, however, the compensation of those Town employees whess remunerndon is to be established by negotiation procedures. It is recommended that the Town vote to raise and approp~ia~ the sum of $1,864 for the purpose of amending Section 8 of its Person- nel By-Law (part-time positions classified in clerical group),by increasing the salary rates listed therein by 6%. It is recommended that the Town vote to raise and appropriate the sum of $1,532 for the purpose of amending Section 9 of its Person- nd By-Law (pert4ime positions classified in Ubrary Group) by increasing the salary rates listed therein by 6% It is recommended that the Town vote to raise and appropriate the sum of $1,215 for the purpose of antonding Schedule E of Section 7 of its Personnel By-Law (Miscellaneous Com- pensation schedule) by increasing the com- pensation listed therein by 6% for the posi- tions of Reserve Patrolmen and School Cross- ing Guards. It is rscomrnended that the Town vote to raise and appropriate the sum of $1,~ for tbe pur- pose of amending its Pmsonnel By-Law {Miscellaneous Compensation Schedule - Fire Engineer and Deputy Chief), from $1,260 to $1,335 per year. it is recommended that the Town vote to raise and appropriate the sum of $2~() for the pur- pose of amending its Personnel By-Law (Miscellaneous Compensation Schedule - Gas Inspector) from $800 to $1,000. 27 ARTICLE 40. To seeif the Town will vote to raise and appropriate the sum of $240 for the purpose of amending its Personnel By-Law {Miscellaneous Schedule - Wire In- spector} from $4,000 to $4240. Petition of the Personnel Board ARTICLE 41. '1'o see if the Town will vote to raise mid appropriate the sum of $100 for the purpose of retroactive longevity increments for Anna Donahue. Petition of the Personnel Board ARTICLE 42. To see if the Town will vote to amend its Personnel By-Law Seetion 8A - Part-time Pesl'tions, Clerical by deleting the first sentence of the paragraph so that it will read as follows: Any amendment of this By-Law providing for a change in salary and wage rates shall take effect, ff adopted at the Annual Town Meeting, on the follow- lng July 1, and if adopted at a Special Town Meeting shall take effect on the first day of the month next following such meeting. Petition of the Personnel Board ARTICLE 43. To see ff the Town will vote to amend its Personnel By-Law, Section 2 - Definitions by adding the definition "Continuous Purr-time employment" - An employee of the Town who works a minimum of 20 hours per week, every week of year. Petition of the Persaanel Board ARTICLE 44. To see if the Town will vote to amend the Personnel By-Law Schedule C and Schedule D, Police Chief and Fire Chief compensation by applying a increase shove the compensation of p-l-MaximUm and F-1 Maximum. This will he Petition of the Personnel Board ARTICLE 45. To see i/the Town will vote to amend its Personnel By-Law Section 22 (A) (2) by deleting (b) completely and having it read as follows: An employee who qualifies for terminal leave shall ho entitled to the same percentage that the namher of years of service hears to the 100% service factor of 25 years; provided, that in no case shall said leave be measured by more than 60 days accumulated sick leave, or twelve work weeks, whichever is the lesser. Petition of the Personnel Board ARTICLE 46. To see if the Town will vote to authorise the Planning Board to ap- point a professional Town Planner, who shall he ehnsen and supervised by the Planning Board for a term not to exceed one year ending June 30, 1980 at a salary not to exceed $16,&50. Said Planner to meet the professional qualifications required by the written job description established by the Planning Board, and to raise and appropriate the sum of $16~50 for the purpose of compensating the Planner. Petition of the Planning Board ARTICLE 47. To see if the Town will vote to authorize the Board of Public Works to appoint a Public Works Water Anaiyst-Watershed Inspector, and that the sum of $10,000 be raised and appropriated for his annual compensation. Petition of the Board of Public Works ARTICLE 48. To see if the Town will vote to raise and appropriate the sum of $5,000 to be expended under the direction of the Highway Surveyor [or the purpose o[ providing the service of rubbish colleetinn to the unit-owners of Village Green West condominiums. Petition of the Louis S. Scaturros and others ARTICLE 49. To see ii the Town will vote to amend its Zoning By-Law by adding the following: It is recommended that the Town vote to raise and approp~ate tbe sum of $240 for the pur- pose of amending Its Personnel By-Law' {M~hmeous Schedu~ - W~ Inepectm) from $4,000 to $4,240. It is recommended that the Town vote to ADOPT this article. It is re~ommemJed that the Town vote to ADOPT thb article. Unfmmmble action b ~eammemled on thi~ m'- 'dele. It ~s reoommended that the Town vote to ADOPT this article. It is recommended that the Town vote to authmize the Planning Board to _~m~-~i~ 'nta Pro- fesslonel Town Planne~, who .hall be chosen and supervised by the Planning Bored, for a term not to exceed one yeM ending June 30, 19~0;, and that the sum of $16,850 be raised and apgmp~l for the armual compensation of Mid Planner. eta monthly rato not to ex- ceed 1/12 of the appropriation: said Planner to me~ the p~o;:_-y~o_ nal qualifmatione required by the written job desoFq~ion established by the ~anning Board. It is recommended that the Town vote to authorize and direct the Board of Pubic Winks to ~ppoint a Public Works Wat~ Aneb/at- Waterdmd Inspects, for a ten~ not to eXGeIKI o~e year and ending June 30, 19~0; and that the sum of $10,000 be raised and ep- ixol~iated fo~ the annual nempeneation of said Analyst-lnepector, at a monthly rate not to ex- ceed 1/12 of the appmpdation. Unfavorable action is recornrnem]ed on this ticle. No recommendation. 10.10 CLUSTER ZONINI] (1) DEFINITIONS: a) Cluster Development: An option which permits an applicant to build single and/or 2-family dwellings with reduced lot 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. b) Homes Associations: 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. c) Open Land: Open space within a cluster, prohibited from development as sot out in (10) of this Section. d) Wetlands: Areas as defined by G.L. Ch. 131, S. 40. (2) COVERAGE: Cluster development in the R-2 or R~ Districts is allowed by Special Permit as set forth in Section 10~3, based upon the following terms and conditions: (3) Purposes {in addition to purposes set out in G.L. Ch. 40A and the Zoning By-Law): a) Promoting the more efficient use of land in harmony with its natural features. b) Encouraging the presarFation of valuable open space. e) Protecting water bodies and supplies, wetlands, floodplains, agricultural lands, wildlife and other natural resources. d) Promoting aesthetics and other amenities. {4) PROCEDURES: a) Filing of Application: each application for a special permit to cluster shall be fil- ed with the Town Clerk, with a copy filed forthwith with the Planning Board and shall be accompanied by nine (9) copies of a preliminary plan of the entire tract under consideration, prepared by a professional engineer or registered land surveyor. (5) CONTENTS OF APPLICATION: Said application and plan 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 sub- division, and shall include propesod location, bulk and height of all proposed buildings. In addition, the applicant shall provide the foilo~Ving information: a) The number of dwellings. b) A description of the neighborhood in which the tract lies, including otflitios and other public facilities, and the affect of the proposed plan upon them. c) Evaluation of the open land proposed within the cluster, with rospect to size, shape, location, natural resource value, and accessibility by residents of the town or of the cluster. (6) REVIEW OF OTHER BOARDS: Before acting upon the application, the Planning Board shall submit the application with the plan to the following boards, which may review it jointly or separately: The Board of Health, Dept. of Public Works, Conservation Commission, Highway Surveyor, Police and Fire Depts., and the Building Inspector. Any such board or agency to which petitions are referred for review shall submit such recommenda- tions as it deems appropriate to the Planning Board and the applicant. Failure to make recommendations within 35 days of receipt of referrals shall be deemed lack of opposition. (7) PUBLIC HEARING: After the opportunity for review by other boards has taken place, the Planning Board shall hold a hearing under this soctlon, in conformity with the previsions of G.L. Ch. 40A, S. 9, of the Zoning By. Law, and regulations of the Planning Board. (8) RELATION TO SUBDIVISION CONTROL ACT: Planning Board approval of a special permit hereunder shall not substitute' for compliance with the subdivision control acts, nor oblige the Planning Board to ap- prove any related definitive plan for suhdivisloi~, nor reduce any time periods for board consideration under that law. However, in ~,rder to facilitate processing, the Planning Board shall, inaogar as practical under existing law, adopt regulations establishing procedures for submission of a combined plan and application which shall satisfy this soction and the board's regulations under the subdivision control act. (9) MINIMUM DIMENSIONAL REQUII~EMENTS: al The area of the tract to be developed is not less than 5 acres. b) Side line setbacks: 15 feet. c) Area: Each building lot shall have at least ane-haif (1/2) the required lot size for the zoning district in which it is located. d) Frontage: the aggregate street frontage of lots in such proposed development, counting only one frontage for corner lots, shall not be less than one.haft (%) the product of the number of lots times the minimum frontage requirement for the zoning district in which the development is located, and the minimum width of any single family lot shall be 75 ft. measured either at the street line or at the front building line. The minimum width of any lot shall be not less than fifty (50) feet from the street line to the front building line. el Except as specified in a special permit granted under this section, all re- quiremants of the Zoning By-Law shall continue to apply. (101 REQUIRED OPEN LAND'. a} At least 33% of the tract, exclusive of land sst aside for roads and parking, shall 29 be open land. At least 50% of tho open land shall be suitable for passive ar active recreational use, and not more tlum 50% shall he wetland~ b) Such open land, together with the areas in the building lots not devoted to roads or parking, shall equal or excsed the area otherwise required under this Zoning By-Law icc the total number of units contemplated in the development, except one-half of wetlands and all land already subject to legally enforceable covenants or easements shall not be included in this computation. c) The open land, and such other fadlities as may he held in common shall be eon- veyed to one of the following, as determined by the Planning Board, subject to the follewing guidelines: In general, valuable natural resource land such as wc~dands not suitable fur any public use, or suitable for extensive public recreational use, should he conveyed to the town or to a trust; whereas land which will he prine/pally used by the residents oI the cluster should he conveyed to a homes assodatian. 1. To a corporation or trust comprising a home asse~ution whose member- ship includes the owners of all lots or units contained in the tract. The devuloper shall inclutle in the deed to owners of individual lots henefldui rights in said open land, and shall grant a conservation restrictian to the Town of North Andover over such land pursuant to M.G.L. Chapter 184, s.31-/~, to insure that such land he kept in an open or natural state ami not he built upon for residential use ar developed far aceessury uses such ns parldn~ or roadways. This restriction shall he enforceable by the Town through Rs Conservation Commission in any proceeding authorized by s. 33 of Ch. 184 of M.G,L. In addition, the developer shall ho responsible for the m~intenance of the common land and any other facilities to he held in common until such time as the homes assochtion is capable of assuming said responsibility. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall ranse to be recorded at the North Essex Registry of Deeds a Declaration of Covenants and Restrictions which shall, at a minimum, provide fur the following:. la. mandatory membership in an established hemes association, as a re- quirement of ownership of any lot in the tract. lb. provisions for maintenance assessments of all lots in order to ensue that the open land is mahtained in a condition suitable for the uses ap- proved by the homes association. Failure to pay such assessment shall create a llen on the property assessed, enforceable by either the homes assodation or the owner of any lot. lc. provision which, se far as possible under the existing law, will ensue that the restrictions placed on the use of the open land will not terp~!n~te by operation of hw. 2. To a non-profit organization, the principal purpose of which is the conserva- tion of open space. The developer ar charity shall grant a censervatinn restriction as set out in a} above. 3. To the Conservation Commission of the Town for park or open spaco use, subject to the approval of the Selectmen, with a trust chnse insuring that it be maintained as open space. (11) FURTHER REQUIREMENTS: a) No use other than residential or r~reationsl shall be permitted. b! No lot shown on a plan for which a permit is granted under this section may be further subdivided, and a notation to this eli~ct shall be shown upon the plan. c) The board may grant a special permit hereunder for clustering even if the pro~ posed development is not subject to the subdivision control law. d) Except insofar ns the subdivision is given 5 years protection under G.L. Ch. t0A, s. 6, the specisl permits granted undei this section shall lapse within two years from the grant thereof, excluding time required to pursue ~ awzJt the determination of an appeal, if a substantial use has not sooner commenced or if construction has not begun by such date except for good cause. A!RTICLE 50. To see if the Town will vote to amend its Zoning By-Law by deleting wording under See. 4.121 (4), 4.122 {4) and 4.128 (4) and insert in place thereof the follow- ing: For the use of a dwelling in any residential district or multi-family district for a home occupation the followin~ conditions shall apply: a) Not more than a total of two (2l people may be employed in the home eecupatlen, one of whom shall he the owner of the home and residing in said dwelling;, b) The use is carried on strictly within the principal boilding~ c} There shall be no exterior alterations, accessory buildings, ar display which are not customary with residential dwe~ings; d) Not more than twenty-five (25} percent of the existing gross floor area of the dwelling unit se used, not to excoed six hundred (600) square feet, is devoted to such use. In connection with such use. there is to he kept no stock in trade, eom- medities or products which occupy space beyond these limits; el There will be no disphy of goods or wares visible from the street; f) The buildings or premises occupied shall not he rendered objectionable er detrimental to the residential character of the ne/ghherhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise, disturbance, or in any other way become objectionable or detrimental to any residential use within the neighborhood; gl Any such building shall include no feature of design not customary in buildings for residential use. Petition of the Planning Board ARTICLE 51. To see ff the Town will vote to amend its Zoning By-Law by adding to Sec. 4.122 a paragraph numbered (16) and to Sec. 4.123 a paragraph numbered (22) to read az follows: Family Suits A separate dwelling unit fec a member of a household is allowable by special permit provided: a) the dwelling unit is not occupied by anyone except brothers, sisters, maternal and paternal parents and grandparents, or children of the residing owners of the dwelling unit; b) that the premises are inspected as required by the Building Inspector;, c) special permit shall he recorded at the North Essex Registry of Deeds. Petition of the Planning Board ARTICLE 52. To see ff the Town will vote to Amend Section 6.5 (3) e) of the Zoning By-Law by inserting the word "temporary" following the word "unlighted" so that the section will read as follows: "The unlighted, temporary, real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within 14 days of sale, rental or lease." Petition of the Building Inspector ARTICLE 53. To see ff the Town will vote to Amend its Zoning By-Law by chang- lng the Zoning Map of the Town to include the parcel of land hereinafter described within the Business l Distriet~ Land and buildings at and numbered 245 Osgood Street, North Andover, Massachusetts, more particularly bounded and described as follows: A certain tract of land being shown as Lot No. 4A on a plan of land recorded in the North Essex Registry of Deeds az Plan No. 3013, and described as shown on said plan as follows: WESTERLY by 0sgood Street by a curved line, 16~92 feet; NORTHERLY by Lot No. 3A az shown on said plan, 303,52 ~eet; EASTERLY by land now or formerly of Bannon, 78~4 feel; SOUTHERLY by land now or formerly of McGuire, 302.6 feet; Cont~!-!ng 36,196 square feet. Petition of the Rose M. Clements and others ARTICLE 54. To see if the Town will vote to raise and appropriate the sam of $17,000, to be expended under the direction of the Board of Assessors for the purpose of complying with the legislative and judicial mandate requiring the re-evaluation of all properties within the Town. Petitien of the Board of Assessors ARTICLE 55. To see ff the Town will vote to raise and appropriate the sum of $35,000, to be exmnded under the direction of the Board of Selectmen for the purpose of purchasing six (6) new cars and six (§) cars to be turned in, in trade, and all eqnipmon~ to be changed over, such as police radios, sirens and similar accessories. Petition of the Chief of Police ARTICLE 56. To see ff the Town will vote to raise and appropriate the sum of $33,000, to be expanded under the direction of the Board of Fire En~glneers for the pur- pose of purchasing a new ambulance, with all neeessary equipment. Present ambulance to be sold. Petition of the Board of Fire Engineers ARTICLE 57. To see ff the Town will vote to raise and appropriate the sum of $52,422, to be expended under the direction of the ]~urd of Fire Enginers for the pur- pose of appointing four regular fire fighters, who have passed qualifying Civil Service physical and mental examinations, all in accordance with Civil Service Rules and Petition of the Board of Fire Engineers No recommendation No recommendation. It is recommended that the Town vote to ADOPT this article and to ram and ap- propriate the ~um of $17,0(X) for the purpose of this article. It is recomnended that the Town vote to raise and appropriate tbe enrn of $30,000 te beex- pended under the dira~tion of the Board of Sdectmen and the Chbf of Poica for the pur- pose of purohasing four (ag new cars. One 1974 Plymouth and three (3) 1978 Plymouths to he traded; and al equipment to be changed over, such es radio, siren~ and 9imilor ~- It is recommended thet the Town vote to ap- proprlato the sum of $32.000 to be expended under the direction of the Board of &:he Engineers for the purpose of purchasing a new ambulance, with al necessary equipment; pre* sent ambularme to be sold, and that to raise this appropriation the Treasurer, with the aW proval of the Selectmen, is authcMzed to bet- row the $32,000 under G.L Ch. 44, Section 7 (9) as amended. Unfavorable act]on b recommended on this ar- ticle. 31 ARTICLE 58. To see if the Town will vote to raise and appropriate the sum of $2200, to be expended under the direction of the Board of Fire Engineers f~r the pur- pose of purchasing an emergency rescue boat, with motor, trailer and necnss,~ry llfe saving equipment. Petition of the Board of F/re Engineers ARTICLE 59. To see if the Town will vote to raise and appropriate the sum of $30,000, to be expended under the direction of the Scheo] Committee for the purpose of capital improvements to the Bradstreet School Heat/nS System~ Petition of the School Committee ARTICLE 60. To see if the Town will vote to raise and appropriate the sum of $12,000, to be expended under the direction of the School Committee for the purpeee of capital improvements to the Bradstroet Schoo] Building Structure. Petition of the School Committee ARTICLE 61. To see if the Town will vote .to raise and appropriate the sum of $6,000, to be expended under the ~'e~tion of the North Andover School Committee for the purpose of updating the 1978 Engelhardt Building Survey as to the future school educational and bedding needs of the Town with pa~icalar empk~is as to future classroom needs. Petition of the School Committee ARTICLE 62. To see if the Town will vote to raise and appropriate the sum of $13,000, to be expended under the direction of the North Andover School Committee for the purpose of providing payment for twelve months of servlees rendered, or to be rendered, by the Greater Lawrence Mental Health Canter, for or in behelf of some of the children of the Town, all as the Committee may determine. Petition of the School Committee AETICLE 63. To see if the Town w~l vote to r~se and appropriate the sum of $11,590, to be expended under the direetinn of the North Andover School Committee for the purpose of sponsoring a comprehensive drug treatment program which will pro- vide the following services under the direction of the Greater Lawrenre Community Drug Council, Ine. 1. An educational program foe parents, teachers and children under the direction of qualified educators and in coopo~tinn with the Health Coordlr~tor and Guidance Department of the North Andovor School System. 2. A Counseling Teacher which will offer individual and group counseling pro,rems. ~ A 24~hour, 7-day week, hot line to be manned by q~"~li6ed lmrsonnel in the urea of crisis intervention. Petition o/the School Coramittse ARTICLE 64. To see if the Town will vote to raise and appropriate the sum of $97,000, to be expended under the dh-e~tluu of the Highway Surveyor/or the purpe~e of purchasing the following equ/pment: one 1979 vehicle with tr~e $2,000;, one Backhoe Loader with trade $44,000; one Rubbish Trurk with trade $45,000. Petition of the Ni~hway Surveyor ARTICLE ~ To see if the Town wi]l vote to transfer from Article 66 of the War- rant for the 1978 Annual Town Meeting the sum of $17,000, to be expended under the direction of the Highway Surveyor for the purpose of development of the new landfill site. Peta'tlon of the Highway Surveyor ARTICLE 66. To see ff the Town will vote to raise and appropriate the sum of $ , to be expended under the dlreetion of the Highway Surveyor for the purpose of meeting the State's share of Chapter 90 or any other sim;I,r statute, said amount to be roimbureed, upon receipt to be restored to unaplfropriated av~ilsble funds in the Town Treasury. Petition of the Highway Surveyor 32 It is recommended that the Town vote to ADOPT this article. On~avombb action is recommended on this ar- ~i~. It is m~ommended that the Town vote to ADOPT ~ ~k~. It is recommended that the Town vote to ADOPT this article. It is recommended that the Town vote to ADOPT this article. h is recommended ~,%at the Town vote to ADOPT this article, and to raise and prolxiate $10,000 for the puq)ose of this ertl- It is recommended thet the Town vote to ap- pmpriate $97,000 to be expended unde~ the dkection of the Highway Surveyor for the pur- pose of purchasing one 1979 vehl~l® {$8,000),one Bad(hoe Loader 1544,000); o~e Rubb;~ Track 1545,000). One 1974 Ford this appropriation the Treasurer, ~ the ap- pmvai of the Selentmen, is authmized to bor- row the $97,000 under G.L. Ch. 44, Section 7 (9) as ameoded. It is re~omnmnded that the Town vote to rebe and aplxopdate the sure of $44,739, to be ex- pended under the direction of the Highway Surveyor, for the purpose of meeting the State's share of Chapter 90 or any othe~ similar stetro, said amount to be reimbursed, upon receipt to be restored to uneppropdated available funds in the Town TreasuW. ARTICLE 67. To see if the Town will vote to raise and appropriate the sum of $3,000, to be expended under the direction nfthe Highway Surveyor for the purpase of replacio4; existing catch basin frames and grates which are smaller than standard size. Petition of the Highway Surveyor ARTICLE 68. To see if the Town will vote to raise and appropriate the sum of $8,000, to be expended under the direction of the Highway Surveyor for the purpose of erecting and rephcing guard rails throughout the Town. Petition of the Highway Surveyor ARTICLE ~9. To see if the Town will vote to raise and approprinte the sum d $2,500, to he expended under the direction of the Highway Surveyor for the purpose of making and phcing street signs throughout the Town. Petition of the l-Ii~hway Surveyor ARTICLE 70. To see if the Town will vote to raise and appropriate the sum of $8,500, to he expended under the direction of the Highway Surveyor for the purpose of installing new and repair~ existing sidewalks. Petition of the Highway Surveyor ARTICLE 71. To see if the Town will vote to raise and appropriate the sum of $20,000, to be expended under the direction d the Highway Surveyor for the purpose of. installing drainage in problem areas throughout the Town. Petition of the Highway Surveyor ARTICLE 72. To soo if the Town will vote te raise and appropriate the sum of $100~00, to be expended under the direction of the Highway Surveyor for tbe.purpese of resurfadng, oiling, repairing and maintainin~ streets in the Town. Petition of the Highway Surveyor ARTICLE 73. To see if the Town will vote to raise and appropriate the sum of $8,500, to be expended under the direction of the Board of Public Works for the purpose of purchasing equipment necoasary to ~n~lyse potable water samples in conformance with the Safe Drinking Water Act. Petition of the Board of Public Works ARTICLE 74. To see if the Town will vote to raise end appropriate the sum of $1~;00, to he expended under the direction of the Board of Public Works for the purpose of ~ssuming responsibility for the maintonanoo of the William S. Roek Memorial ovor- pass on Chiekering Road, exclusive of snow removal. Petition of the Board of Public Works ARTICLE 75. To soo if the Town ~ vote to raise and appropriate the sum of $1t~00, to be expended under the direction of the Board of Public Works for the put- pose of performing the following construction: Kitteredge School $2,000.00 Inst~lling corrective drainage Constructing conorete entryways to portable classrooms 500.00 ~,tkinson School: Installing corrective drayage 6~00.00 Franklin School Inst~!!ing chain link fence 2,500.00 $11.000.00 Petition of the Board of Public Works ARTICLE 7~ To see if Ute Town will vote to raise and appropriate the sum of $5,0/)0, to be expended under the d/roction of the Board of Public Works for the purpose of installing corrective drainage at Grogans Field. Petition of the Board of Public Works ARTICLE 77. To see ff the Town wlil vote to raise and appropriate the sum of $7~,00, to be expended under the direction of the Board of Public Works for the purpose of resur~aeing the driveway to the South Pumpli,g Station at 420 Great Pond Road. Petition of the Board of Public Works It is recommended that the Town vote to raise and appropriate the sum of $2,000 for the purpose of this article. It Is recommended ttmt the Town vote to raise and appropriate the sura of $4,000 for the It is recommended that ~he Town vote to raise and apprapdate the sum of $1,000, and to transfe~ the sum of $172 from Article 21 of the 1978 Town Mseti~g fo~ said puq;<me. It is recommended that the Town vote to raise and appropriate the sum of S5,000 ~or the puq)ose of this article. It is recommended that the Town vote to raise and approp~ate the sum of $12,500 for the purpose of this article. it is recommended that the Town vote to ADOPT this artiois. It is recommended that the Town vote to raise and approp~te $1,000 for the purpose of this article. Unfavorable action is recomntended on this ar- tide. It is recommended that the Town vote to raise and apOmp~ the sum of $5,500 for the pu,pose of thb article, to he expended as fo#ows: Kittemdge School drainage, $2,000; ~ Sohool entryways, $500; Atkinson Unfavorable act~m is recommended on this ar- Unfavorable ac~on is mcommendad on this ar- tide. ARTICLE 78. To see if the Town will vote to raise and appropr~te the sum of $36,880, to be expended under the direction ofthe Board of Public Works for the pu~ pose of Purchasing the lo, owing equipment~ one- 3/4 ton pick-up truck with utility body $ 8,100 one - ~A ton pick-up truck with fleetside body 10,050 one - tractor with front end loader 11~0 one - low center of gravity grounds tractor 7~5~0 one 1970 Ford % ton pick-up, one 197~ Chevrolet - ~ ton pick-up, one 1965 Ford LCG tractor and one 1968 Case Tractor with loader to he traded. Petition of the Boa~i of Public Works ARTICLE 79. To see if the Town will vote to raise and appropriate the sv~ of $5,000, to be expended under the direetlon of the Board of Publie Works for the purpeee of continuing the L~ke Monitoring program to establish baseline data on our water supply. Petition of the Bozrd of Public Works ARTICLE 80. To see if the Town will vote to raise and appropriete the sum of $950,000, to he expended under the direction of the Board of Public Works for the pu~ pose of extending the sewer on Pleasant St., Marbleridge Road and Jalmson Street, & distance of 15,100 feet. Petition of the Bcexd of Publie Works ARTICLE 81. To see ff the Town will vote to raise and approprla~ the sum of $5,000, to he expended under the direction of the Board of Public Works for the purpose of permanently patcidng water and sewer trenches on town streets. Pet.'on of the ~ of Public Works ARTICLE 82. To see if the Town will vote to raise and appropriate the sum of $105,000, to be expended under the direction of the Board of Public Works for the pu~ pose of replac/ng the old six inch ~ast iron water mains on South Bradford Street from Meadowview Road to Win~er Stceet on Dale Street from Winter Street to Russet Lane and on Appleton Street from Salem Street to Dale Street with new 1~' ductile iron Petition of the Board of Public Works AETICLE 83. To see if the Town will vote to ralee and appropriate the sum of $2~00, to be expended umber t~e diree~ee d the Board of Public Works for the pur- pose of replacing the chlorinators and installing automatic cylinder changeover valves at the South Pumping Station. Petition el the Hoard of Public Works ARTICLE 84. To see if the Town will vote to raise and appropriate the sum of $30,000, to be expended under the direction of the i~ard of PulSe Works for the pm~ pose of constructing two tennis courts at the Carl Thomas Playground. Petition of the Board of Public Works ARTICLE 85. To see ff the Town will vote to raise and appropriate the sum of $4,500, to be expended under the direction oftbe Board of Public Wo~ks for the purpose of renewing water and sewer services, plaeing gete valves on hydrant branches and raising munhole frames and covers on streets which are being rebuilt. Petition of the Board of Public Works It Is recommended that the Town vote to ap- pmprlate the sum of $15,650 to be expended und~ tt~ direction of the 8oa~d 01Publlo Winks fm the propose of purchasing the following equipment: One 3/4 tan pickup to~k, $8,100; One tractor, $7,550. One 1970 ½ ton Ford pickup and one 1965 L.C.G. tractor to be traded and that to raise this pml~ia~Xl the Treasurer, with the approval of the Selocb.,zn, is authorized to bom~w the $15,650 under G.L. Ch. 44, Section 7(9) as smendnd. Unfavorable action is recommendnd an this m- tide. It is recommended that the Town vote to ap- pro~iate $950,500, to be expmded under tbe direction of the Board of Public Wo~s, fm tbe IX.lX~e of extemling the sewer on Flemmnt St., Modal.ridge Road and Jalmsan Street, a appropriation the Trassursr, with the approval of tbe Selectmen, is authndznd to borrow the $950,000 ander G.L. Ch. 44, Sectl~ 7 (1) as e,~,lded. It i. mcomnmnded Ihat tbe Town vote to rabe and aMxofl~ato $ 3,000 fm the pmpuse ol this mliclo. It ~l I~comllll~:J~l thet th~ Town vote to ap- propdata ~,510, to ~ ~ ~ t~ wmr ~ ~S~h ~ S~ Meadowview Road to Winter Street (~47,7~), a~ ~ Dale Strut from Winter S~ ~ ~ ~ (~12,7~), ~ ~t ~ ~ t~ ap~ t~ T~, ~ ~ ~ ~ ~,E10 u~ G.L Ch. ~ ~ ~ 8 (5) ~ ~. It is re~mnme~lod that the Town vote to ap- propriate $18,000 to be expended under the dkec~ion of tbe Board of Pub#c Wo~ks for the ~ of ~daolng the chlndmtors and in- stMing automatic cylinder changeover valves at the $o~th Pumping Station and that to raise this approlxlotlon the Treasurer, with the aP- provol of the Selectmen, is authndznd to bor- row the $18,000 under G.L. Ch. 44, Section 8 {4a) as antended. U.;avorablo action is recommended an this It Is m~m~nended that the Town vote to ADOPT this article. ARTICLE 86. To see if the Town will vote to raise and appropriate the sum of $40,000, to be expended under the direction of the Board of Public Works for the pur- pose of repincing the ex/sting 6" vetr/fied day sewer on Furber Avenue w/th a new 8" rectified clay sewer. Petition of the Board of Public Works It is recommended that the Town vote to ap- propriate $40,000, to be expended under the direction of the Board of Public Works, for the purpose of replacing the existing 6" vetrified clay sewer on Furber Avenue with a new 8" vetrified clay sewer; and that to raise this ap- propriation the Treasurer, with the approval of the Selectmen, is authorized to borrow the $40,000 under G.L. Ch. 44, Section 7(1) as antended. ARTICLE 87. To see if the Town will vote to authorize the Board of Public Works to promulgate rules and regulations limiting the use of the town parks, phygrounds and cemeteries under their jurisdiction. Petition of the Board of Public Works ARTICLE 88. To see if the Town will vote to amend its by-laws by eliminating Arti- cle III Section 12. Petition of Donald H. Muser and others ARTICLE 89. To see if the Town will vote to appropriate the sum of $ , ~o be expended under the direction of the Selectmen from Revenue Sharing Funds as follows: 1. Fire Delm'tment Salaries $ 2. Police Department Salaries $ Petition of the Selectmen ARTICLE 90. To see if the Town will vote to raise and appropriate the sum of $50,000, to the Reserve Fund, as provided by Section 6 of Chapter 40 of the General Laws. Petition of the Selectmen ARTICLE 91. To see if the Town will vote to take the sum of $ available funds for the purpose of reducing the tax rate. Petition of the Selectmen Norecomrnendaflon. No recommendation. It is recommended that the Town vote to ADOPT this article. It is recommended that the Town vote to raise and appropriate the sum of $50,000.00 for the purpose of this article. It is recommended that the Town vote to take the sum of $ from available funds to reduce the tax rate. 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 mere 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-third day of April in the year of our Lord one thousand nine hundred and seventy-nine. JOSEPH A. GUTHRIE THOMAS J. McEVOY CHARLES A. SALISBURY RALPH R. JOYCE, JR. JOHN W. GRAHAM Selectmen of North And, over ATTEST ............................ CONSTABLE North Andover, Mass. May 4, 1979 A true colt.j: ATTEST: DANIEL LONG. Town Clerk. 35