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North Andover wrestles with proper use of town’s common

Centuries after the Old Center in North Andover stood out as the crossroads for travel throughout the region, local officials are considering new regulations that would allow residents and area organizations to put on large-scale events such as charity barbecues or pony rides in the public space.

Since it was introduced last month, the proposal has drawn mixed reactions from neighbors and members of the Board of Selectmen.

The main concern is that the policy has no limit on how often the space is used, a factor some residents say would help ensure the grass has ample time to recover after heavy use.

“The physical wear and tear of events is tremendous,’’ Kathy Stevens, president of the North Andover Historical Society, said during the selectmen’s meeting June 27.

Under the proposed rules and regulations, which could be decided when selectmen meet again July 13, individuals and nonprofit groups can apply for a single-day permit to hold an event at the Town Common, part of the Old Center, subject to approval by selectmen.

Local business owners and for-profit organizations can apply for the permit, according to the regulations, but not if they stand to gain financially from the proposed event.

While some neighbors were more focused on maintaining the status quo, Town Manager Mark Rees, who helped draft the proposal, said the regulations will help weed out events that could be considered an affront to community standards.

Still, North Andover officials “have to be consistent, in terms of your application of allowing people to use public spaces, so that you don’t get into constitutional arguments,’’ Rees said.

He said potential First Amendment concerns could be raised if the town allowed the space to be reserved by one group and not another.

That wasn’t enough to satisfy Ben Osgood, a longtime neighbor of the Old Center who said local officials would be better off to have no regulation because more people could be encouraged to pursue activities on the space.

“This document,’’ he said, referring to the proposal, “nails it down that everybody in town has a right to use it, and every organization has a right to use it,’’ adding that Osgood later said that the proposal “doesn’t get to the core issue of how often the common should be used.’’

But despite calls to limit how often events should be permitted at the Town Common, several officials, including Selectwoman Tracy Watson, indicated the board would be able to strike a balance throughout the year because its members would have final say on each application.

Even though local officials would decide case by case, Selectmen Richard Nardella said it could create a slippery slope to selectively wade through the process.

“The first time someone is denied for anything, it’ll get appealed,’’ Nardella said, “and generally speaking, you need a heck of a good reason why you let these eight or so use it and this one can’t.’’ 

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