HomeMy WebLinkAbout2015-03-23 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES March 23,2015
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00 PM at Town Hall
Meeting Room. The meeting was recorded.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk William Gordon,
Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, and Assistant Town Manager Ray
Santilli, Executive Assistant, Laurie Burzlaff. Licensing Chairman, Tracy Watson was absent. 15
members of the public were present.
PLEDGE OF ALLEGIANCE
Chairman Vaillancourt introduced Emma, Rose and Elle Gordon who lead the group in the pledge of
allegiance.
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
minutes of February 24, 2014, as amended. Vote approved 4-0.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
minutes of March 9, 2015. Vote approved 4-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Chairman Vaillancourt announced that this was Selectman Gordon's last meeting as he is not running for
re-election. Chair Vaillancourt read the following email from Selectman Watson "Selectman Gordon
please accept my apologies for being unable to be there this evening but the plague seems to have taken
hold. However it was very important to me especially on your last meeting night that 1 send along to you
my thanks. Thank you for all the time, effort and energy that you have put forth over these last six years.
You and your work on behalf of the town of North Andover has left a positive mark. One that you and
your family can be very proud of. I've personally very much enjoyed working with you through the years
as well. 1 thank you for your thoughtful debate of the issues and your patience with mine. Your presence
at the table will be missed. Thank you again for your dedicated service to the town and the people of
North Andover."
The Board thanked Mr. Gordon for all his work and stated it was a pleasure working with him and he will
be missed.
Mr. Vaillancourt announced the Youth Center's "Taste of North Andover" is Saturday, March 28th, and
tickets can be purchased online.
Mr. Gordon announced the town election is next Tuesday, March 31 st and the polls will be open from 7:00
a.m. to 8:00 p.m.
Introduction of New Staff Members
Human Resources Director, Cathy Darby, introduced to the Board, Kathleen Keenan, the new library
director and Glen Alt, the new Water Treatment Plant Superintendent.
Chris Marshall of Borderline Running Club-update on 4th of July Road Race
Chris Marshall of the Borderline Running Club was present and gave an update on the 4th of July Road
Race. Mr. Marshall also thanked Selectman Gordon for bringing the race back to North Andover. Mr.
Marshall explained that the funds raised are donated to the Friends of the Senior Center. This year, the
Friends will be donating the money to the Town to help fund the fireworks.
CONSENT ITEMS:
Ray Sirois of the North Andover Lyons Club requests wavier of building permit fees to erect tent for Kelly
Miller Circus on June 22, 2015.
Board of Selectmen Minutes March 23, 2015 2
The Board was provided with a letter from Ray Sirois of the North Andover Lyons Club requesting a
waiver of the building permit fees to erect the tent for the Kelly Miller Circus on June 22, 2015 which is
taking place at the Lawrence Municipal Airport.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
waive the building permit fee to erect the tent for the Kelly Miller Circus on June 22, 2015. Vote
approved 4-0.
Youth and Recreation Services request waiver of permit fees for Spring Carnival on April 22-26, 2015
Carrie Crouch of the Youth and Recreation Services Board of Directors was present to request from the
Board a waiver of the permit fees for the annual Spring Carnival to be held at 1600 Osgood Street on
April 22-26, 2015. Ms. Crouch also thanked Mr. Gordon for his service.
Rosemary Smedile made a MOTION, seconded by William Gordon, that the Board of Selectmen
waive all permit fees for the Youth and Recreation Services Spring Carnival to be held on April 22-
26, 2015. Vote approved 4-0.
Appointments
Town Manager, Andrew Maylor, explained that the Appointment Subcommittee interviewed several
candidates for various positions.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
appoint Albert D. Fowler to the Community Preservation Committee for a term ending June 30,
2015. Vote approved 4-0.
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
appoint Sandra L. Goldstein Savoie to the Youth and Recreation Council for a term ending June
30, 2016. Vote approved 4-0.
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
appoint Andrew C. Firmin to the Youth and Recreation Council for a term ending June 30, 2017.
Vote approved 4-0.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
appoint Alejandro Zayas to the Festival Committee for a term ending June 30, 2015. Vote approved
4-0.
Signing of March 31, 2015 Town Election Warrant
The Board was asked to approve and sign the March 31, 2015 Town Election Warrant.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
approve and sign the March 31, 2015 Town Election Warrant. Vote approved 4-0.
Approve and sign Purchase and Sale Agreement and Conservation Restriction for Academy Road
Parcels
At the May 20, 2014 Annual Town Meeting, it was voted to expend Community Preservation Act funds to
acquire a Conservation Restriction on three parcels of land on Academy Road. Included in the packet
were copies of the Purchase and Sale Agreement and the Conservation Restriction. A map of the
parcels is on page 22 of the Conservation Restriction.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board vote to approve and
sign the Purchase and Sale Agreement between The Center Realty Trust and the Town and
approve and sign the Conservation Restriction from the Center Realty Trust to the Town of North
Andover, acting by and through its Conservation Commission, for the purchase of a Conservation
Restriction on property on Academy Road as described in the Conservation Restriction, for the
sum of$570,000, and vote to authorize the Town Manager to sign any other documents necessary
for the Conservation Restriction to be acquired by the Town pursuant to the vote on Article 24 of
the 2014 Annual Town Meeting. Vote approved 4-0.
Affordable Unit Resale-4 Harvest Drive, Unit 222 (Oakridge Village-Maplewood Reserve)
The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable
housing unit at 4 Harvest Drive, Unit 222 (Oakridge Village-Maplewood Reserve) is up for sale. It was
recommended the Board not exercise its right of first refusal.
Board of Selectmen Minutes March 23, 2015 3
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
decline the right of first refusal to purchase the affordable housing unit at 4 Harvest Drive, Unit
222(Oakridge Village-Maplewood Reserve). Vote approved 4-0.
Set fee for Mobile Food Truck License
At the meeting on February 24, 2014, the Board adopted regulations with regard to mobile food trucks. At
the time no fee was set. It was recommended the Board set a fee so the regulations reflect the intent of
the Board, even if the fee is zero. There are 2 different fees that licensees pay-one for the Board of
Health Permit and one for the yearly license renewal. Included in the packet was a Schedule of Fees for
other licenses. The Board discussed the fact that mobile food vendors pay a yearly fee to the Board of
Health for an inspection and that there are only 4 mobile food truck licenses allowed under the
regulations.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen set
the license fee and annual renewal fee for mobile food trucks at$0. Vote approved 4-0.
2015 Annual Town Meeting Warrant
A draft of the 2015 Annual Town Meeting Warrant was presented to the Board. The order of the warrant
has been approved by the Chair.
Vote to reopen the 2015 Annual Town Meeting Warrant
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
reopen the 2015 Annual Town Meeting Warrant. Vote approved 4-0.
Acceptance of the warrant
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
accept the 2015 Annual Town Meeting Warrant as presented. Vote approved 4-0.
Vote to close the 2015 Annual Town Meeting Warrant
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
close the 2015 Annual Town Meeting Warrant. Vote approved 4-0.
Town Meeting Warrant Recommendations (General Articles)
The Town Manager explained that the Board is being asked to vote their recommendations on Articles 1-
8. The options for recommendation are: Favorable Action, Unfavorable Action, Take No Action or To be
Made at Town Meeting. In response to a question from the Board, Mr. Maylor indicated that Town
Council recommends rewriting the Dog Bylaw incorporating recommendations from the Attorney General
and Article 6 is necessary because the Town needs to have temporary easements while work is being
done on the Safe Routes to School project. Rosemary Smedile spoke with regard to Article 7 and
indicated she recommends allowing the Finance Committee to decide year to year of whether they want
to be televised.
William Gordon made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
recommend Favorable Action on Town Meeting Warrant Articles 1 through 6 and Article 8. Vote
approved 4-0. William Gordon made a MOTION, seconded by Donald Stewart that the Board of
Selectmen recommend Favorable Action on Town Meeting Warrant Article 7. Vote approved 3-1.
Rosemary Smedile opposed.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by William Gordon, to open a meeting of the North
Andover Licensing Commission. Vote approved 4-0.
Selectman Gordon acted as Chair in Selectman Watson's absence.
Jay Caporale, President of The Joseph N. Hermann Youth Center, Inc. requests a One-Day All Alcohol
License at the Youth Center for the Taste of North Andover event on March 28, 2015 from 7:00 p..m.-
11:30 p.m.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve a One Day All Alcohol License for The
Joseph N. Hermann Youth Center, Inc. for the "Taste of North Andover"at the Youth Center on
Board of Selectmen Minutes March 23, 2015 4
March 28, 2015 from 7:00 p.m.-11:30 p.m, and waive the application fee for the license. Vote
approved 4-0.
Donald Stewart made a MOTION, seconded by William Gordon, to close a meeting of the North
Andover Licensing Commission. Vote approved 4-0.
PUBLIC HEARING:
National Grid Pole Petition-Greene and Middlesex Streets
Rosemary Smedile recused herself from this matter.
William Gordon made a MOTION, seconded by Donald Stewart, to open the public hearing
regarding National Grid Pole Petition for Greene and Middlesex Street. Vote approved 3-0.
Chairman Vaillancourt recognized David Wicks, representative from National Grid, who explained the
pole is leaning because of the weight of the fiber optics cables. Mr. Wicks indicated the pole needs to be
reinforced. The Town Manager asked for National Grid to provide supporting documentation to
accompany their request. Selectmen Gordon indicated there are a number of double poles around town
that need to be removed and the issue has been an ongoing problem with National Grid. The Board
asked National Grid to come back with alternatives to installing a new pole and that, in the future, a
representative familiar with the project present the request to the Board.
Chairman Vaillancourt invited any members of the public wishing to speak to come to the podium.
David Logan of 76 Greene Street, spoke regarding the history of the pole. He would like the double pole
taken out and have the leaning pole secured appropriately. Mr. Logan stated when the pole was first
installed it was done as an emergency repair and was not installed properly.
Peter Lafond of 75 Greene Street, requested the representative report the neighbors' concerns back to
his supervisor. He stated the pole was poorly installed from the beginning and distributed pictures of the
pole.
William Gordon made a MOTION, seconded by Donald Stewart, to close the Public Hearing
regarding the Pole Petition from National Grid for Greene Street and Middlesex Street. Vote
approved 3-0.
William Gordon made a MOTION, seconded by Donald Stewart, that the Board of Selectmen deny
National Grid Pole Petition#18128513-Greene Street and Middlesex Street, as presented. Vote
approved 3-0.
National Grid and Verizon New England Joint Pole Petition-Great Pond Road
Rosemary Smedile returned.
Donald Stewart made a MOTION, seconded William Gordon to open the public hearing regarding
National Grid and Verizon New England Joint Pole Petition-Great Pond Road. Vote approved 4-0.
The Board discussed the petition and indicated this was for the Rea's Pond Pump station. The Board
asked Mr. Wicks if he was aware of the conditions placed on the project by Patrick Higgins, DPW
Engineer. Mr. Wicks indicated he was not aware of the conditions. The Board asked that National Grid
send a representative to appear before the Board that is familiar with the project.
Donald Stewart made a MOTION, seconded by William Gordon that the Board of Selectmen
continue the Public Hearing regarding National Grid and Verizon New England Joint Pole Petition-
Great Pond Road. Vote approved 4-0.
National Grid Pole Petition- 140 Academy Road
Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
open the public hearing regarding National Grid Pole Petition-140 Academy Road. Vote approved
4-0.
National Grid representative, David Wicks, stated that the owner of the property wants wires to be
underground and the owners are paying for it.
Board of Selectmen Minutes March 23, 2015 5
Property owner, Wendy Wakeman, indicated they requested this because they need more service to their
house.
Rosemary Smedile made a MOTION, seconded by William Gordon, to close the public hearing for
National Grid Pole Petition-140 Academy Road. Vote approved 4-0.
Rosemary Smedile made a MOTION, seconded by William Gordon, that the Board of Selectmen
approve National Grid Pole Petition# 18511131- 140 Academy Road, as presented. Vote approved
4-0.
Rosemary Smedile asked National Grid to look at the pole just before#60 Middlesex Street because it is
really leaning over the property.
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
William Gordon thanked the citizens for giving him the opportunity to serve the Town. He thanked the
staff, Andrew Maylor and the current board members for doing a great job. He thanked the School
Committee, the Finance Committee and all the boards and committees and the former Town Manager,
Mark Rees. He thanked his dad, his wife, Erien and his kids.
TOWN MANAGER'S REPORT:
The Town Manager thanked Mr. Gordon for all his support.
"Ask the Manager'
Question submitted: "Do we currently provide funding to MBTA and MVRTA?" The Town Manager
explained that even though we do not have a commuter rail in town, the town gets charged based upon a
state calculation. If MBTA service was added, the assessment would increase. The town is charged
$113,000 from MVRTA. The town pays more than the services it receives, which is why there is no
additional charge for the new commuter bus service.
Police Department Report
The Board was provided with the February 2015 crime statistics report from Police Chief Paul Gallagher.
Chairman Vaillancourt announced the inaugural trip to Boston on the commuter bus is April 6th
The Board discussed the next meeting date and decided to schedule the next meeting for April 14th and
possibly move to April 15th if all Board members would be available.
ADJOURNMENT:
William Gordon made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:40 p.m. Vote
approved 4-0.
Board of Selectmen Minutes March 23, 2015 6
Documents used at meeting:
Draft minutes-3/9/14
Draft amended minutes-2/24/14
Request from Lions Club
Request from Youth & Recreation Services
Citizen Activity Forms
Election warrant
Purchase and Sale Agreement
Conservation Restriction
Memo from Eric Kfoury
Schedule of Fees (licensing)
Draft Town Meeting Warrant Table of Contents
Town Meeting Warrant Articles 1-8
Licensing request from Joseph N. Hermann Youth Center, Inc.
National Grid Pole Petition-Greene & Middlesex Streets
National Grid Pole Petition-Great Pond Road
National Grid Pole Petition- 140 Academy Road
Pictures provided by Peter Lafond
February 2015 Crime Statistics Report
Laurie A. Burzlaff
Executive Assistant
William F. Gordon, Clerk of the Board
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Richard M. Vaillancourt, C:hainrian
William F. Gordon TEL. (978)688-9510
Rosemary Connelly Smedile FAX(978)688-9556
Donald B. Stewart
Tracy M. Watson
BOARD OF SELECTMEN& LICENSING COMMISSIONERS
AGENDA
MONDAY,MARCH 23,2015 at 7:00 PM
TOWN HALL MEETING ROOM
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. March 9,2015 Open Session Minutes,as written
B. February 24,2014 Amended Open Session Minutes
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Introduction of staff members
o Kathleen Keenan-Library Director
o Glen Alt-Water Treatment Plant Superintendent
B. Chris Marshall of Borderline Running Club-update on 4"'of July Road Race
V. CONSENT ITEMS
A. Ray Sirois of the North Andover Lions Club requests waiver of building permit fee to erect tent for
Kelly Miller Circus on June 22,2015
B. Youth&Recreation Services requests waiver of permit fees for Spring Carnival on April 22-26,2015
C. Appointments
1. Community Preservation Committee-Albert D.Fowler
2. Youth&Recreation Council- Sandra L. Goldstein Savoie&Andrew C.Firmin
3. Festival Committee-Alejandro Zayas
D. Signing of March 31,2015 Town Election Warrant
E. Approve and sign Purchase and Sale Agreement and Conservation Restriction for Academy Road
parcels
F. Affordable Unit Resale-4 Harvest Drive,Unit 222 (Oakridge Village-Maplewood Reserve)
G. Set fee for Mobile Food Truck Licenses
H. 2015 Annual Town Meeting Warrant
1) Vote to reopen the Warrant
2) Acceptance of Warrant
3) Vote to close the Warrant
L Town Meeting Warrant Recommendations(General Articles)
VL LICENSING COMMISSIONERS
A. Jay Caporale,President of The Joseph N.Hermann Youth Center,Inc.requests a One-Day All Alcohol
License at the Youth Center for the Taste of North Andover event on March 28,2015 from 7:00 p.m.—
11:30 p.m.
VII. PUBLIC HEARING
A. National Grid Pole Petition-Green and Middlesex Streets
B. National Grid and Verizon New England Joint Pole Petition-Great Pond Road
C. National Grid Pole Petition-140 Academy Road
VIII. OLD BUSINESS
IX. NEW BUSINESS
X. PUBLIC COMMENT
XL TOWN MANAGER'S REPORT
A. "Ask the Manager"
B. Police Department-February 2015 Crime Statistics
XIL NEXT MEETING DATE
Monday,April 6,2015
XIIL ADJOURNMENT
Approval f Minutes'
BOARD OF SELECTMEN MINUTES March 9, 2015
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00 PM at Town Hall
Meeting Room. The meeting was recorded.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk William Gordon,
Rosemary Smedile, Licensing Chairman Tracy Watson, Donald Stewart, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 65
members of the public were present.
PLEDGE OF ALLEGIANCE
Chairman Vaillancourt introduced Brandon MacArthur and Anthony McCann who led the group in the
Pledge of Allegiance.
I
APPROVAL OF MINUTES:
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
Minutes of February 23, 2015 as written. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Recognition of North Andover Booster Club Wrestlers
Members of the North Andover Booster Club wrestling team were present along with their coach to
receive recognition for their undefeated season and winning the Merrimack Valley Conference
Championship and the State Championship.
Swearing In Ceremony- Firefighters Christopher Holland and Kevin Lundy
Fire Chief Andrew Melnikas introduced Firefighters Christopher Holland and Kevin Lundy who
successfully completed their one year probationary period and graduated from the Massachusetts
Firefighting Academy. Town Clerk, Joyce Bradshaw, administered the oath to both firefighters.
FY16 Community Preservation Act requests
The Board was provided with a list of the requests received by the Community Preservation Committee
for FY16 CPA Funding. Town Manager,,Andrew Maylor; explained that the CPC is currently reviewing
the requests and the chairman of the committee, John Simons, will present the CPC's recommendations
to the Board at a future meeting.
Mark DiSalvo, Town Moderator-Town Meeting Warrant Article
Mark DiSalvo, Town Moderator, requested the Board of Selectmen include in the warrant an amendment
to Chapter 44, Section 44-1 of the Town By-Law entitled "Televising of Board Meetings" by adding "and
Finance Committee"to the list of boards to be televised.
William Gordon made a MOTION,seconded by Tracy Watson, to include in the warrant an article
amending Chapter 44, Section 44-1, to include "and Finance Committee"to the list of boards to be
televised. Vote approved 4-1. Rosemary Smedile voted against the motion.
Mrs. Smedile indicated she believes the Finance Committee should have the right to speak freely without
intimidation of the cameras.
Chairman Vaillancourt announced that the winter parking ban is being extended until March 23�d
Tracy Watson congratulated Fritz Hoehn for winning the New England Wrestling Championship and being
voted Outstanding Wrestler of the tournament. The Board also congratulated Ian Butterbrodt who also
won the New England Wrestling Championship for his weight class.
Chairman Vaillancourt announced the Firefighters Annual Irish fundraiser is Saturday, March 14th at the
Relief's Inn in Lawrence. Also, the Youth Cente's "Taste of North Andover" is on March 28th and tickets
can be purchased on the Youth Center's website.
Town Manager, Andrew Maylor, announced the commuter bus from North Andover direct to Boston will
begin on April 6th. The bus will leave from Osgood Landing at 6:45 a.m. and the return trip will leave
Boston at 5:10 p.m. Parking is free and cost of the bus is $5.00 each way.
Board of Selectmen Minutes March 9, 2015 2
CONSENT ITEMS:
Acceptance of donations from Youth Sports Groups for Town Athletic Fields/Facilities-$48,160
The youth sports groups have made their annual donation to the Town for the Town's athletic fields and
facilities. The North Andover Soccer Association donated $23,850, the North Andover Booster Club
donated $13,580, the North Andover Youth Baseball Association donated $6,880 and the North Andover
Lacrosse Association donated $3,850.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
accept the donations from the youth sports groups for the Town's athletic fields and facilities in
the amount of$48,160. Vote approved 5-0.
Acceptance of donation ($10,000) from Brooks School for the Kittredge School Gym Addition Project
Brooks School generously donated $10,000 to the Town to be used for the Kittredge School Gym
Addition Project. This donation was the second of three donations Brooks School will make toward this
project.
William Gordon made a MOTION, seconded by Rosemary Smedile,that the Board of Selectmen
accept the donation from Brooks School in the amount of$10,000 to be used for the Kittredge
School Gym Addition Project. Vote approved 5-0.
Acceptance of MIIA Grant($1850) for safety training at the Water Treatment Plant
Included in the Board's agenda packet was a Memorandum from Linda Hmurciak,;Superintendent of the
Water Treatment Plant, requesting the Board accept the grant of$1850 from MIIA to provide onsite safety
training for 12 employees.
William Gordon made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accept
the grant from MIIA in the amount of$1,850 for onsite safety training. Vote approved 5-0.
i
Request by David Fu to use Weir Hill, the Hay Scales parking lot, Reynolds Playground and Johnson
Street for filming thesis
David Fu was present and explained his request to film his thesis at various locations throughout town.
Mr. Fu is asking to use the top of Weir Hill and the underpass bridge on Friday, April 10th from 8:00 a.m.
to 5:00 p.m. On Sunday,'April 12th, he is requesting to close a section of Johnson Street from Route 114
to Mill Road from 8:00 a.m: to 10:00 a.m.; use the Hay Scales Exchange parking lot from 10:00 a.m. to
12:00 p.m. and use Reynolds Playground from 12:00 p.m. to 2:00 p.m. All relevant departments
recommend approval. The Police will require 2 detail officers for any street closures. j
William Gordon made a MOTION, seconded by Tracy Watson, that the Board of Selectmen
approve the request of David Fu to use Weir Hill and the underpass bridge on Friday, April 10,
2015 from 8:00 a.m. to 5:00 p.m. and on-Sunday, April 12, 2015 to close Johnson Street from Route
114 to Mill Road from 8:00 a.m,to 10:00 a.m., use the Hay Scales Exchange parking lot from 10:00
a.m, to 12:00 p.m. and use Reynolds Playground from 12:00 p.m. to 2:00 p.m. for filming his
thesis. Vote approved 5-0.
Request by Eli Bailin of Green Stride to use streets in North Andover for the 2nd Annual Earth Rock Run
Half Marathon
Eli Bailin of Green Stride was present to request from the Board approval to use the streets in North
Andover for the 2nd Annual Earth Rock Run Half Marathon on Sunday, May 3, 2015 from 10:00 a.m. to
1:30 p.m. The race will start and finish at 1595 Osgood Street. Mr. Bailin estimates 700 participants. All
relevant town departments recommend approval.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen
approve the request of Green Stride to use streets in North Andover for the 2nd Annual Earth Rock
Run Half Marathon on Sunday, May 3, 2015 from 10:00&,m. to 1:30 p.m. Vote approved 5-0.
Request by Jacob Norris for approval of Eagle Scout project
Jacob Norris was present to request approval to build a new 12'x1 0'x8' storage shed at Aplin Field for his
Boy Scout Eagle project. Mr. Norris distributed a handout of the building plans to the Board. The
Department of Public Works recommends approval.
William Gordon made a MOTION, seconded by Donald;Stewart, that the Board of Selectmen
approve the request of Jacob Norris to build at storage shed at Aplin Field for his Boy Scout Eagle
Project and waive any permit fees associated with the project. Vote approved 5-0.
Board of Selectmen Minutes March 9,2015 3
Appointment to North Andover Sustainability Committee-Shoba Donti
The Town Manager is recommending the appointment of Shoba Donti to the North Andover Sustainability
Committee.
Rosemary Smedile made a MOTION, seconded by William Gordon, that the Board of Selectmen
appoint Shoba Donti to the North Andover Sustainability'Committee for a term ending June 30,
2017. Vote approved 5-0.
Requests by Columbia Gas of Massachusetts
In accordance with M.G.L. cl64 Section 70, the Board must give consent to the gas company to 'dig up
and open the ground in any of the streets, lanes and highways of the town'. Jeff Philippe from Columbia
Gas of Massachusetts was present to answer questions from the Board. Mr. Philippe indicated that each
project would take approximately one week to complete and residents will be notified. The requests are to
(1) excavate Buckingham Road, Young Road, Putnam Road, Little Road and Lyman Road for the
purpose of extending and/or replacing its gas main (2) excavate Dana Street and Waverly Road for the
purpose of extending and/or replacing its gas main (3) excavate Colgate Drive for the purpose of
extending and/or replacing its gas main and (4) excavate Prescott Street, Moody Street, Furber Avenue
and Upland Street for the purpose of extending and/or replacing its gas main.
Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve, subject to the conditions of the Department of Pubic Works, the 4 applications as
provided by Columbia Gas of Massachusetts. Vote approved 5-0.
Close 2015 Annual Town Meeting Warrant for Citizen Petitions
The deadline to submit a Citizen Petition for the 2015 Annual Town Meeting was 4:30 p.m. on March 9,
2015. Town Clerk, Joyce Bradshaw, was present and indicated 2 citizen petitions were received and
signatures were certified. The first was a petition to change the voting age to sixteen for town elections
and the second was to change the Liquor Quota for All Alcoholic!Beverages for The Cork Stop, Inc., 1593
Osgood Street. Mrs. Bradshaw also announced that the deadline to register to vote for the March 31 st
election is Wednesday, March 11'h at 8:00 p.m,
Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen, close
the 2015 Annual Town Meeting Warrant for Citizen Petitions. Vote approved 5-0.
LICENSING:
Rosemary Smedile made a MOTION, seconded by William Gordon, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0
Theodore Fossa of The Fossa Group, LLC requests a Common Victualler and Entertainment License to
open a Subway at 137 Turnpike Street in the Eaglewood Shopping Plaza
Mr. Fossa was present and indicated the restaurant is scheduled to open on Wednesday, March 11th
Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen,
acting as Licensing Commissioners, approve the Common Victualler and Entertainment license
applications for Subway, 137 Turnpike Street, North Andover. Vote approved 5-0.
Richard Vail/ancourt made a MOTION, seconded by Donald Stewart, to c lose the meeting of the
North Andover Licensing Commission. Vote approved 5-0.
PUBLIC HEARING:
Removal of Public Shade Tree per M.G.L. Chapter 87, Section 3-288 Sutton Street
Tracy Watson made a MOTION, seconded Donald Stewart to open a public hearing per MGL c87,
Section 3 for the removal of a public shade tree at 28t Sutton Street.
The Board was provided with a letter from Attorney John Smolak requesting approval after the fact to
remove a public shade tree at 288 Sutton Street. Mr. Smoak was present and indicated this is a new
subdivision of 2 family homes and 19 new trees would be planted.
Tracy Watson made a MOTION, seconded by William Gordon to close the public hearing per MGL
c87, Section 3 for the removal of a public shade tree at 288 Sutton Street.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
approve the request of Stephen Smolak to remove a public shade tree at 288 Sutton Street. Vote
approved 5-0.
Board of Selectmen Minutes March 9, 2015 4
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
Stan Limpert of 43 Stonecleave Road, thanked Brooks School for their donation to the Kittredge Gym
Project and announced that one of the high school robotics teams was a finalist in regionals and will be
going to the World Championship in Louisville, Kentucky.
TOWN MANAGER'S REPORT:
Town Manager, Andrew Maylor, thanked the DPW for all..hey have done this difficult winter dealing with
the snow and the recent water main break. Mr. Maylor also thanked the residents for their patience.
'Ask the Manager'
No questions were submitted.
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Capital Projects Status Report
The Board was provided with a status summary of on-going capital projects as of March 2, 2015.
Fire Department-February 2015 Activity Report
The Board was provided with a February 2015 activity report from the Fire Department.
Job posting/Vacancy Log
The Board was provided with a Job Posting/Vacancy Log from the Human Resources Department.
NEXT MEETING DATE:
March 23, 2015
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by William Gordon, to adjourn the meeting at 7:55 p.m.
Vote approved 5-0.
Documents used at meeting:
Draft minutes dated 2/23/15
Certificate of Appreciation-North Andover Booster Club Wrestling Team
Letter dated 1/5/15 from Fire Chief
FY16 List of Requested Community,Preservation Fund projects
Copies of donation checks
Memo dated 2/24/15 from Linda Hmurciak
Request from David Fu dated 3/2/15
Request from Green Strides dated;12/23/14
Request from Jacob Norris dated 2/14/15
Citizen Activity Form-Shoba Donti
Requests of Columbia Gas dated 2/18/15 & 2/19/15
Memo from Karen Fitzgibbons dated 3/4/15
Letter from Smolak &Vaughan dated 2/17/15
Capital Projects status report dated 3/2/15
February 2015 Fire Department Activity Report
Job Posting/Vacancy Log dated 3/4/15
Laurie A. Burzlaff
Executive Assistant
William F. Gordon, Clerk of the Board
BOARD OF SELECTMEN MINUTES FEBRUARY 24, 2014
CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
ATTENDANCE: The following were present: Rosemary Smedile Chairman; Richard Vaillancourt, Clerk;
Tracy Watson, Licensing Chairman; Donald Stewart, William Gordon, and Andrew Maylor, Town Manager
and Ray Santilli, Assistant Town Manager.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by William Gordon, to approve the Open Session
Minutes of February 10, 2014, as written. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by William Gordon, that the Board of Selectmen release
the Executive Session Minutes as listed of February 4, 2002 (partial), February 19, 2002 (partial), April
22, 2002 (partial) May 6, 2002 (partial), July 15, 2002 (partial), October 7, 2002 (complete) and December
2, 2002 (complete).
COMMUNICATIONS ANNOUNCEMENTS AND PUBLIC COMMENT:
Swearing-in Ceremony
Five Police Officers were sworn into office and have successfully completed the Police Recruit Academy.
The Officers are as follows: Julie A. Nigro, Michael P. Hennessy, Fredy Almanzar Thomas, Matthew J.
Zahoruiko, and Kara A. Caffrey.
Certificates of Appreciation— Peter Breen and Chris Downer(skating rink at Youth Center)
The Board presented Peter Breen and Chris Downer with Certificates of Appreciation for volunteering
their time and effort to create and build the outdoor skating rink at the Youth Center.
Update on Group Insurance Commission (GIC) conversion
The Town Manager gave an update of the conversion of the Health Insurance for all Town Employees
and Retirees to the State GIC. A meeting was held in February with the Public Employee Committee to
discuss the process on how the mitigation fund would be used to offset and reimbursement for high out-
of-pocket medical costs.
CONSENT ITEMS:
Doreen Goding of Columbia Gas request permission to use Town Common for Easter Egg Hunt on
Saturday, April 12, 2014 from 11:00 a.m. to 2:00 p.m.
Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen approves the
request of Doreen Goding of Columbia Gas to use Town Common for an Easter Egg Hunt on Saturday,
April 12, 2014 from 11:00 a.m. to 2:00 p.m. Vote approved 5-0.
Affordable Unit Resale— 180 Chickering Road, Unit 204C (Kittredge Crossing
The Citizens Housing and Planning Association (CHAPA) has notified the Town that the Affordable
housing unit at 180 Chickering Road, Unit 204C (Kittredge Crossing) is up for sale. It is recommended
that the Board not exercise its right of first refusal.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen decline
the right of first refusal to purchase the affordable housing unit at 180 Chickering Road, Unit 204C
(Kittredge Crossing). Vote approved 5-0.
Board of Selectmen Minutes February 24, 2014 2
Request to Dispose of Surplus Equipment— Information Technology Department
Per the Town Policy regarding surplus equipment, IT Director Matt Killen is requesting to dispose of
obsolete and failed equipment.
Tracy Watson made a MOTION, seconded by William Gordon that the Board of Selectmen approves the
request of IT Director Matt Killen to surplus computer equipment per his memo to the Town Manger dated
February 19, 2014. Vote approved 5-0.
Rules and Regulations Governing Takeout Food Served by Mobile Food Vendors
The Mobile Food Regulation Committee met several times over the last six months and voted 4-2 upon
the drafted regulations before the Board tonight. The regulations will not apply to ice cream trucks and
canteen trucks which are regulated by the State. There were two dissenting votes on the fact that they
did not support the downtown parking restriction and the limiting the licenses to four. All other portions of
the draft regulations were supported by all the committee members.
Nadine Levin owner of Pipe Dream Cupcakes and Susan Roberts owner of Fredericks Pastries gave their
opinions of the regulations and objected to some of its content.
There was a lengthy discussion regarding the safety of pedestrians, restricted areas for locating the
mobile food trucks, the extension of time trucks were able to sell their products and other legal aspects of
the regulations.
William Gordon made a MOTION, seconded by Tracy Watson, to approve the Mobile Food Truck
Regulations with the following amendments: extend operation hours between the hours of 7:00 a.m. and
9:00 p.m. to give the Town Manager the authority to designate parking on non-school property and to
limit mobile food trucks to refrain from parking on Main Street from Sutton Street to Second Street and to
refrain from parking on High Street between Water Street and Prescott Street. A limit to four(4) vendor
licenses will be permitted and the Community Development Director will alert the Town Manager if more
applications are needed to amend the regulations. This is all contingent upon advice from Legal Counsel.
Vote approved 4-0-1. Donald Stewart voted present.
LICENSING COMMISSIONERS:
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Matthew Razey of PJC of Massachusetts Inc. (dba Rite Aid) requests a Wine & Malt Package Store
License at 525 Turnpike Street
Manager Matthew Razey and a District Manager were present representing Rite Aid Drug Store. The
Licensing Board asked many questions concerning regulations set up for the sales of wine and beer at
their location. The Board asked questions as to special machines to check identification cards, TIP
certified personnel to handle the sales, security cameras, area where the beverages will be placed in the
store, and management on duty at all times.
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to approve a Wine & Malt Package
Store License for PJC of Massachusetts, Inc. (dba Rite Aid) at 525 Turnpike Street, North Andover.
MOTION was withdrawn.
After some discussion, the Board said that the applicants were not prepared and did not meet their
qualifications at this time, but rather than deny their License to return with a more comprehensive plan.
William Gordon made a MOTION, seconded by Rosemary Smedile that acting as Licensing
Commissioners for the applicants to return with a more comprehensive plan at the Board's next meeting
on March 10, 2014. Vote approved 5-0
David Sharp of the Joseph N. Herman Youth Center Inc. requests a One-Dav II Alcohol License at the
Youth Center for the Taste of North Andover Event on March 8, 1014 from 7:00 p.m. to 11:30 p.m.
William Gordon made a MOTION, seconded by Rosemary Smeaile, that the Board of Selectmen acting
as Licensing Commissioners approves a One-Day All Alcohol License for the Joseph N. Herman Youth
Board of Selectmen Minutes February 24, 2014 3
Center Inc. for the Taste of North Andover at the Youth Center on March 8, 2014 from 7:00 p.m. to 11:30
p.m. Vote approved 5-0.
Jennifer Konopisos of Merrimack College requests a One-Day Wine & Malt License at the Rogers Center
for a North Andover Police Association benefit on March 7, 2014 from 5:00 p.m. to 10:00 p.m.
t
Rosemary Smedile made a MOTION, seconded by William Gordon, that the Board of Selectmen acting
as Licensing Commissioners approves a One-Day All Alcohol License for Merrimack College for a North
Andover Police Association benefit on March 7, 2014 from 5:00 p.m. to 10:00 p.m. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
Update— Cyr Recycling Center
DPW Director Bruce Thibodeau gave an update on the Cyr Recycling Center. Last year the site was very
successful, the reduction in the amount of material entering the site was dramatic, which was the main
goal.
The DEP has new regulations in calendar year 2014 the requirements create an odor control plan, a
vector control plan and stipulates that materials can no longer remain on site for more than one year.
This could pose a potential problem for the ongoing operation of the site as a recycle facility in the future.
However, it is imperative that we hold the line on the amounts coming into the facility to that primarily from
Town residents to be in compliance with the new regulations.
NEW BUSINESS:
Town Manager's FY15 Recommended Budget
The Town Manager Andrew Maylor presented a detailed summary of his FY15 Recommended General
Fund Operating Budget. After the presentation he requested that the Board forward the Budget to the
Finance Committee immediately for review.
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William Gordon made a MOTION, seconded by Richard Vaillancourt, to accept and approve the Town
Manager's FY15 General Fund Operating Budget reserving the ability to make amendments as additional
information comes forward and to forward the budget to the Finance Committee. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Town Manager Andrew Maylor recognized employees of Town Hall and the Fire Department for
voluntarily parking their vehicles away from the senior center to give senior citizens closer parking spots.
Assistant Town Manager Ray Santilli gave a summary of the ESCO energy project that is moving forward
most of the work will be completed in the schools during July and August and all of the work would be
completed by the end of 2014.
Police Department Report
Police Chief Paul Gallagher provided a summary of January 2014 crime statistics.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 9:45 p.m. Vote
approved 5-0.
Adele J. Johnson
Executive Assistant
Richard Vaillancourt, Clerk of the Board
Communications
And
Announcements
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Consent Items
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North Andover Lions Club
March 4, Z0l5 pD BOX 66
North Andover, W1A 01845
Mr.Andrew VV. May|or,Town Manager
Board ofSelectmen
Town of North Andover
Town Hall
120 Main Street
North Andover, K4A 01845
RE: Ke|ly1NiUe/Cirou
June 2?"112O1S
Lawrence Municipal Airport Grounds
Dear K4: K4ay|nr,
Dear Ladies& Gentlemen o[the Board,
I am Ray Sirois, again Chairperson of this year's North Andover Lions Club Circus Committee.
We are again very fortunate to have the Kelly-Miller Circus returning this year in assisting us with our
fund-raising efforts, Currently | omin tile process of applying for permits. YVe are very fortunate that
the Airport Commission and Michael Miller,Airport Manager, have come to the rescue again this year,
| am again requesting your permission to erect our usual sign at the rear o[the Middle School property
proximate toKT.# 126, to hang a banner at tile Fire House at Johnson and Salem Streets, and toplace
small road signs |n visible areas but not to obstruct motor-vehicle vision and to conform with sign-
ordinance. All signs/banner would appear for 15 days inclusive of tile circus dates.
If that riot being enough, tile Lions is a not-for-profit organization donating practically all of our earnings
to Eye Research,would you be so kind as to authorize waiving of the Building Permit Fee for the erection
o(tile Circus tent?
Thank you very much for your continued assistance in making this another Successful fund-raising year
for Eye Research.
316 Candlestick Road
North Andover, K8A01D45
CC Adele Johnson
Karen Robinson
North Andover Youth c& Recreation Services
Board of Directors
33 Johnson Street
North Andover, MA 01845 j
March 5, 2015
North Andover Board of Selectmen
Honorable Richard Vaillancourt, Chairperson
120 Main Street
North Andover, MA 01845
To the Board of Selectmen:
The Joseph N. Hermann Youth Center, Inc. in conjunction with the Board of Directors of
the North Andover Youth &Recreation Services are seeking to obtain permission from
the Board of Selectmen to run our 24th Annual Spring Carnival, to be held on the property
known as 1600 Osgood Landing, North Andover, on April 22, 2015 through April 26,
2015.
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Our carnival owner and operator is Larry Cushing of Cushing Amusements, Inc.,
Wilmington, MA. Hours of operation are:
April 2. 2:00-10:00 PM
April 23''d 2:00-10:00 PM
April 2 . 2:00-10:00 PM
April 25" 12:00-10:00 PM
April 26th 12:00-6:00 PM
Permission has been granted by Ellen Keller and Orit Goldstein of Osgood Properties to
occupy the property from April 19, 2015 through April 27 2015.
i
A meeting with all town departments that are impacted has been set up. May we request
that all permits and fees be waived for this event through the town?
As always, we appreciate your support and comments.
See you at the Carnival!
Carrie M. Crouch, Carnival Chairperson
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INTEROFFICE MEMORANDUM
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DATE: March 12, 2015
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TO: Laurie Burzlaff, Executive Assistant
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: Annual Spring Carnival
The Division of Public Works has no objection to the request from Youth and Recreation to hold the
Annual Spring Carnival at Osgood Landing between the dates of April 22, 2015 and April 26, 2015.
If they need any assistance from the DPW, please have them contact my office.
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NORTH ANDOVER
--Community Partnership...
Operations Division
Lieutenant Charles P. Gray
TO: Laurie Burzlaff
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FROM: Lieutenant Charles Gray
RE: Youth Center Carnival April 22-26 2015
DATE: March 16, 2015
Please be advised that the Police Department has been in touch with the event organizer for the
Youth Center carnival. The Police Department has received cooperation in the past with performing
criminal background checks on all employees of the carnival and concessions. The Police
Department will also provide officers to be stationed at the carnival during the hours of operation.
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1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172
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TOWN OF NORTH AN[DUVER �
�
Fire Departnreii,A �
Cefitz lNre Headgumrters—I`im:PreveiitmnOffice �
l24MAR,� STRFBT
NOR"I'lfANDOVER, MAGSACHQSETTS 81845 �
AodrevvMcloffl��am
e|epbooe��7��688-9593
Fire(-b�ef ` '
FAX (078) 688-9594
o 41
1-1. 1 , McC.aniby
I-irmPrevemtimoOfficer frnecartti -p ijgf hottli and over.corn
To: Town Managers Office
From: It. Frederick McCarthy FPO
No: 2015 Carnival 1600 Osgood 8t
Date: March l2, 20}5
The Fire Department's recommendations for the spring 2015 Carnival are uofollows.
Propane cylinders over 42Dbo must hepermitted. /\ list of all cylinders and their locations shall he
supplied to the fire department on a site map prior to opening day. There shall be fire extinguishers
displayed in different locations throughout the premises. All cooking facilities are required to have an
extinguisher [class QJ iu close proximity. [)oop fat fryers and grills shall have the required automatic
suppression system iu place with current certifications.
Flammable and combustible liquids stored on site need to be identified and their location marked on a site
map. The Fire Department will inspect all tanks, containers,hose's and valves for leaks and spillage. Any
vehicles housing containers will require adequate ventilation; fire uxtiugoiobczu are required tn be present.
Fire apparatus shall have suitable access to all vehicles ooutuiniugflamn/xbleu and combustible materials,
typically trucks housing generators.
8pooiu|amusement building [depending oo their size] will require automatic sprinkler systems and fire
alarms. The responsible party abon\d present to the Fire Department layout with dion000ioua for any
planned structure's in this category; an inspection prior to opening is required.
Azomdicu) aid station should be designated and marked on the site map. This area should ho located near
a roadway for emergency access.
All electrical work should be inspected by the electrical inspector prior to opening.
Due the number of hazards including flammable gases, liquids, electrical, and cooking equipment the Fire �
Department recommends a detail Firefighter/EMT be present throughout the event. This detail person
would heavailable for medical emergencies and immediate evacuation and crowd control in the event of
an emergency. Further duties would include continuous monitoring of operating equipment vvbb
potential electrical and mechanical hazards au well all flumnuubiey.
Respectfully Submitted, �
Lt Frederick McCarthy �
Fire Prevention
�
North Andover, MA
120 Main Street
Phone:978-688-9500
Citizen Activity Form
Good Goverment Starts tivith You
Date Submitted: January 29,2015
Name: Albert D Fowler
Home Address: 141 Appleton Street
NORTH ANDOVER MA 01845
Mailing Address: 141 Appleton Street
NORTH ANDOVER MA 01845
Phone Number(s): (781)866-9961 -Cell
Email Address: alber-tdfowler @comcast.net
Current Occupation: Regional Contracts Manager j
Narrative: Hello My name is Al Fowler. I am available weekday evenings and weekends. My personal
interests are what motivate me to apply for this opportunity. Professionally I manage corporate
contracts but in my personal life I live in arguably the oldest home in North Andover. I am
committed to historic preservation and am a member of the Historical Society. I am also
motivated in protecting natural open spaces/lands for people and indigenous plants and animals.
My property has been declared a Certified Wildlife Habitat by the National Wildlife Federation.
My Mother relied upon Community Housing for over 10 years so I have first hand knowledge
and understanding of the need in the community for a safe clean affordable residences. I am
confident that my commitment to the causes and lateral thinking will make me a strong
contributor to the committee. I would be happy to provide personal/professional references upon
request. Thank you for your time and best regards. A]Fowler
Board(s)/Committee(s): _COMMUNITY PRESERVATION COMMITTEE
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rat r� North Andover, MA
120 Main Street
Phone: 978-688-9500
Citizen Activity Form
Good Goverment Starts with You
Date Submitted: January 16,2015
Name: Sandra L Goldstein Savoie
Home Address: 79 Brookview Drive
North Andover MA 01845
Mailing Address: 79 Brookview Drive
North Andover MA 01845
Phone Number(s): (978)697-7066-Cell
(978)557-5478-Home
Email Address: slgsavoie @gmail.com
Current Occupation: High School Guidance/Adjustment Counselor
Narrative: To the Committee:
In my professional life I am a school guidance and school adjustment counselor at Essex
Technical High School. I also recently served as an administrator of another large urban career
technical high school where I was able to contribute to budgets and policy decisions impacting
the students as well as the faculty. In sum I have worked school based settings for almost twenty
years as a clinician and an advocate. Moreover I am mom to two very active and involved boys
from town-a NAMS student and a Sargent student. As a professional and a working mom 1 am
most grateful to have the Hermann Youth Center and the NA Youth Services Programs to
support my boys and others socially and emotionally as well as academically and physically.
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From Summer Fun to early release hockey tournaments at the Youth Center the services and
programs continue to entice and entertain my children and others while keeping them safe and
nurtured. It is for that reason that I am very involved in the Youth Center's largest fundraiser the
"Taste of North Andover"and look to become even more involved by contributing any way I can
to the Youth&Recreation Council.
Thank you for your consideration of my application. Sandra Goldstein Savoie LICSW MSW
Board(s)/Committee(s): _YOUTH&RECREATION COUNCIL
Page 1/1
North Andover, MA
120 Main Street
Phone: 978-688-9500
Citizen Activity Form
Good Goverment Starts with You
Date Submitted: January 13,2015
Name: Andrew C Firmin
Home Address: 5 Crossbow Lane
North Andover Ma 01845
Mailing Address: 5 Crossbow Lane
North Andover Ma 01845
Phone Number(s): (617)694-5153-Cell
Email Address: acfirm @yahoo.com
Current Occupation:
Narrative: I have a Masters of Science degree in Management and have built a 15 year client relations
career in the Financial Services Industry. I am an active soccer official with 15+years refereeing
youth and amateur soccer.In 2008 I represented Massachusetts as an official at the United States
Adult Soccer Veterans cup held in Bellingham Washington. In 2009 I was selected as one of 10
referees(out of approx 5k)to represent Massachusetts in the United States Soccer Federations
Region 1 Youth National Championship cup held in West Virginia.And in 2010 I was appointed
as the delegation head leading a group of young Massachusetts referees selected to represent our
state at the Region 1 Presidents cup held in Upstate NY.I have been active in mentoring young
officials and would like to continue and build upon my experience by serving the youth in our
community. In college I was a member of the Student Senate(served as chair of the clubs&
organization committee)and believe that experience lends well to advising and assisting the
youth&recreation council.Success in my career has been built on wearing many different hats
and looking at all situations through the lens of each stakeholder. With a 3 yr old and 6 yr old I j
look forward to being an active contributor to the community.
Board(s)/Committee(s): _YOUTH&RECREATION COUNCIL
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North Andover, MA
120 Main Street
Phone: 978-688-9500
Citizen Activity Form
Good Goverment Slat-is with You
Date Submitted: November 17,2014
Name: Alejandro Zayas
Home Address: 22 Saunders St
North Andover Ma 01845
Mailing Address: 22 Saunders St
North Andover Ma 01845
Phone Number(s): (617)918-7658-Cell
-Unspecified
Email Address: Alejandrozayas @usa.com
Current Occupation: funeral attendant
Narrative: I was the Exexutive Diector of the NYC Three Kings parade Puerto Rican Parade of NYC.I'm
I'm currently part of the board of directors for Semana Hispana en Lawrence Inc.
In 2013 I was the administrator for the New York City Mayoral Candidate. I'm bilingual English
and Spanish.I'm available after work.
Board(s)/Committee(s): _COMMUNITY PRESERVATION COMMITTEE
_CULTURAL COUNCIL
_EMERGENCY MANAGEMENT AGENCY
_FESTIVAL COMMITTEE
YOUTH&RECREATION COUNCIL
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TAK el
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS. ESSEX
To either of the Constables of the Town of North Andover
GREETING:
In the name of the Commonwealth,you are hereby required to notify and warn the
inhabitants of said town who are qualified to vote in Town Elections to vote at:
NORTH ANDOVER HIGH SCHOOL FIELD HOUSE
ALL PRECINCTS—PRECINCTS ONE TO EIGHT
On Tuesday,the Thirty-first Day of March,2015 from 7:00 AM to 8:00 PM for the
following purpose:
ARTICLE 1. Two Selectmen for the Town of North Andover for a term of three
years, two members of the North Andover School Committee for a term of three years,
Town Moderator for a term of three years and one member of the North Andover
Housing Authority for a term of five years.
Hereof fail not and make return of this warrant with your doings thereon
at the time and place of said voting.
Given under our hands this 23rd day of March in the year Two Thousand
Fifteen.
Richard M.Vaillancourt,Chairman William F.Gordon
Donald B.Stewart Rosemary Connelly Smedile
Tracy M.Watson
SELECTMEN OF NORTH ANDOVER
And you are directed to serve this Warrant by posting true and attested copies thereof in the
Town Office Building and one public place in each voting precinct in the Town, said copies to be
posted not less than(7)seven days before the time of said election.
Constable Date
A True Copy Attest—Joyce A.Bradshaw,Town Clerk
Pursuant to the foregoing warrant,I have warned and notified the inhabitants of the
Town of North Andover who are qualified to vote in town affairs to be at the time
and place for the purpose mentioned within by posting true and attested copies
thereof at the town office building and one public place in each voting precinct in the
Town at least seven days before the date of said election.
Constable-Date
Tjoe el
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS. ESSEX
To either of the Constables of the Town of North Andover
GREETING:
In the name of the Commonwealth,you are hereby required to notify and warn the
inhabitants of said town who are qualified to vote in Town Elections to vote at:
NORTH ANDOVER HIGH SCHOOL FIELD HOUSE
ALL PRECINCTS—PRECINCTS ONE TO EIGHT
On Tuesday,the Thirty-first Day of March,2015 from 7:00 AM to 8:00 PM for the
following purpose:
ARTICLE 1. Two Selectmen for the Town of North Andover for a term of three
years, two members of the North Andover School Committee for a term of three years,
Town Moderator for a term of three years and one member of the North Andover
Housing Authority for a term of five years.
Hereof fail not and make return of this warrant with your doings thereon
at the time and place of said voting.
Given under our hands this 23rd day of March in the year Two Thousand
Fifteen.
Richard M.Vaillancourt,Chairman William F.Gordon
Donald B.Stewart Rosemary Connelly Smedile
Tracy M.Watson
SELECTMEN OF NORTH ANDOVER
And you are directed to serve this Warrant by posting true and attested copies thereof in the
Town Office Building and one public place in each voting precinct in the Town, said copies to be
posted not less than(7)seven days before the time of said election.
Constable Date
A True Copy Attest—Joyce A.Bradshaw,Town Clerk
Pursuant to the foregoing warrant,I have warned and notified the inhabitants of the
Town of North Andover who are qualified to vote in town affairs to be at the time
and place for the purpose mentioned within by posting true and attested copies
thereof at the town office building and one public place in each voting precinct in the
Town at least seven days before the date of said election.
Constable-Date
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (the "Agreement") is entered into as of
this 24, -day February, 2015, (the "Effective Date"), by and between Charles A. Salisbury,
Benjamin C. Osgood and Donald R. Elliott, Trustees of The Center Realty Trust, (together with
its successors and assigns, "Seller") and the Town of North Andover, a Massachusetts municipal
corporation, acting by and through its Conservation Commission("Buyer").
RECITALS
A. The addresses,telephone numbers and facsimile numbers of the parties are as
follows. Email addresses are provided for informational purposes only.
SELLER: BUYER:
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Charles A. Salisbury, Benjamin C. Osgood Town of North Andover
and Donald R. Elliott, Trustees Town Hall
The Center Realty Trust 120 Main Street
P.O. Box 876 North Andover, MA 01845
North Andover, MA 01845 Attn: Andrew Maylor, Town Manager,
Attn: Benjamin C. Osgood, Trustee Tel: (978) 688-9510
Tel: 508-328-4630 Email: amaylor @townofnorthandover.com
Fax:
Email:bennyo @comcast.net With a copy to:
With a copy to: Thomas J. Urbelis, Esq.
Urbelis and Fieldsteel j
Morris, Rossi &Hayes 155 Federal Street
32 Chestnut Street Boston, MA 02110
Andover, MA 01810 Tel: (617) 338-2200
Attn: Laurence J. Rossi, Esq. Fax: (617) 338-0122
Tel: (978) 475-1300 Email: tju@uf-law.com
Fax: (978) 474-0478
Email: lr.mrhLu-verizon.net
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B. Seller is the owner of Parcel 1 and has a Purchase and Sale Agreement to buy the
below Parcels 2 and 3 (the "Subject Property'):
1. Parcel 1: A parcel of land on Academy Road, shown as Parcel A on a Plan
of Land recorded at the North Essex Registry of Deeds as Plan No. 3774.
For title to the property see Deed recorded at Book 890, Page 349.
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2. Parcel 2: Two parcels of land on the west side of Academy Road, shown
as Parcel C2 and Lot D. Parcel C2 consists of 8,265 sq. ft. Lot D consists
of 32,432 sq. ft. and is shown on a Plan of Land recorded at North Essex
Registry of Deeds as Plan No. 12985. For title see Deed recorded at Essex
North District Registry of Deeds at Book 13904, Page
125.
3. Parcel 3: A parcel of land on Academy Road containing approximately
27,359 sq. ft. of land and shown as Lot 1B-B2 and shown on a Plan of
Land recorded with Essex North District Registry of Deeds at Book
13904, Page 125.
Seller acknowledges that it will be taking title to Parcels 2 and 3 from Anne L.
Stevens, Trustee of Academy Road Nominee Trust.
C. In the event that Seller acquires all the Parcels, Seller intends to convey or cause
to be conveyed to Buyer a Conservation Restriction (the "Conservation Restriction") for all the
Parcels (the "Subject Property"), particularly described above, together with any and all
improvements, fixtures, remaining timber rights, water and/or minerals located thereon and any
and all rights appurtenant thereto shall hereinafter be collectively be referred to as the
"Conservation Restriction".
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D. Seller wishes to sell to Buyer and Buyer wishes to purchase from Seller the
Conservation Restriction in accordance with the terms of this Agreement.
E. Seller is a non profit organization having among its purposes the preservation and
protection of property in the old center historic district of North Andover.
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AGREEMENT
1. Purchase and Sale. In consideration of the covenants made herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller agrees to sell the Conservation Restriction to Buyer, and Buyer agrees to buy the
Conservation Restriction from Seller on the terms and conditions set forth in this Agreement.
2. Purchase Terms. The purchase price for the Conservation Restriction shall be
Five Hundred Seventy Thousand and no/100 Dollars ($570,000.00) (the"Purchase Price"). The
Purchase Price shall be payable at Closing by certified check or immediately available funds,
subject to credits,prorations and adjustments provided elsewhere in this Agreement. At least
fifteen(15) days prior to the Escrow Closing Date as defined herein, Seller shall execute the
Conservation Restriction in the forms attached as Exhibit H and deliver the same in escrow to
the North Andover Town Counsel for the purpose of the same being brought forward to the
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North Andover Board of Selectmen and the North Andover Conservation Commission to accept
said Conservation Restriction.
Notwithstanding any other provision of this Agreement, Seller acknowledges that if the
North Andover Board of Selectmen and the North Andover Conservation Commission do not
vote to approve and execute the Conservation Restriction tendered by the Seller,this Agreement
shall be terminated and all other obligations of all parties hereto shall cease and this Agreement
shall be void and without recourse to the parties hereto.
3. Property Condition. Buyer shall have until March 31,2015 to complete its
properly inspections and investigations that it deems appropriate in order to assess the condition
of the Subject Property and any improvements located thereon. After Buyer's property
inspections are complete, Buyer hereby agrees to take the Conservation Restriction on the
Subject Property according to the terms of the Conservation Restriction attached hereto as
Exhibit H, that this paragraph shall not serve to negate, modify, or amend any warranties of title
made by Seller(as defined in Section 4 herein),nor shall this sentence serve to negate,modify or
amend any of Seller's Representations and Warranties as set forth in Paragraph 11 herein.
4. Title. The Seller shall convey to Buyer good and clear record and marketable
title to the Conservation Restriction, subject only to:
(a) Provisions of existing building and zoning laws;
(b) Such taxes for the then current year as are not due and payable on the date of
delivery of the deed;
(c) Any liens for municipal betterments assessed after the date of this Agreement;
(d) Easements, Reservations,Restrictions and exceptions set forth in Schedule B,
Section 2 of the Title Commitment issued by Commonwealth Land Title
Insurance Company, attached hereto as Exhibit A;
(e) Conservation Restriction on the subject land, in the form attached hereto as
Exhibit F.
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If said conveyance instruments refer to a plan or plans necessary to be recorded therewith
Seller shall deliver such plans with the deed in form adequate for recording. Buyer,at its sole
expense, may elect to obtain an owner's policy of title insurance at Closing, and Seller agrees to
cooperate with Buyer and its title company, if any (the "Title Company") to facilitate the
issuance of such policy.
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Prior to March 31, 2015,Buyer shall notify Seller in writing of any exceptions in the title
report, in addition to the standard exceptions and any monetary liens (other than statutory liens
for nondelinquent real property taxes), which Buyer will require to be removed on or before
Closing (the "Title Objection Notice") (collectively, any exceptions contained in the Title
Commitment which are not objected to by Buyer shall constitute the "Permitted Encumbrances").
Thereafter Seller shall use its best efforts to assure the removal of any such objectionable
exceptions by Closing. In the event Seller is unable to remove or remedy any such objectionable
exceptions by Closing,the terms of Section 7 herein shall govern.
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Notwithstanding anything to the contrary contained in the preceding paragraph, if Seller
is unwilling to remove any exceptions to which Buyer has objected, Seller shall so notify Buyer
in writing no later than thirty (3 0) days after receiving the Title Objection Notice in which case
Seller shall have no obligation to remove such exceptions. No later than seven(7) days
following Buyer's receipt of such written response from Seller, Buyer may elect to either(1)
terminate this Agreement upon written notice to Seller, in which event the parties shall have no
further obligations under this Agreement except for those obligations which expressly survive the
termination of the Agreement, or (2)proceed with the purchase of the Conservation Restriction,
in which case the applicable title exceptions objected to by Buyer in the Title Objection Notice
shall become Permitted Encumbrances.
In any event, and regardless of whether such matters are objected to by Buyer in the Title
Objection Notice, Seller acknowledges and agrees that Seller shall satisfy and discharge all
monetary liens and monetary encumbrances (whether voluntary or involuntary) affecting the
Subject Property, except any statutory liens for nondelinquent real property taxes, and that no
monetary liens or encumbrances (other than statutory liens for nondelinquent real property taxes)
shall be deemed Permitted Encumbrances. In order to enable Seller to make the conveyance as
herein provided, Seller may, at the time of recording of the Conservation Restriction,use the
purchase money or any portion thereof to clear the title and Seller shall furnish whatever
documents or evidence will be required by the Title Company in order to delete the standard
exceptions and monetary liens or encumbrances from Buyer's title policy.
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5. Closing. Subject to the approval of the Board of Selectmen and Conservation
Commission as aforesaid, the Conservation Restriction, Purchase Price and other Closing
Deliveries are to be delivered by the parties on the ("Escrow Closing Date"),to Marsh, Moriarty,
Ontell & Golder("Escrow Agent") in accordance with the general provisions of the usual form
of escrow agreement then in use by Escrow Agent (with such special provisions inserted in said
escrow agreement as may be required to conform with the terms and conditions of this
Agreement) and/or pursuant to closing instructions provided by the parties and all of which shall
be mutually acceptable to Buyer and Seller(an"Escrow Closing"). In the event of an Escrow
Closing, (a) Seller shall deposit or cause to be deposited with Escrow Agent the Seller Deliveries
(as defined in Section 9 herein); and (b)Buyer shall deposit with Escrow Agent the Buyer
Deliveries (as defined in Section 9 herein). At the Closing, Escrow Agent shall disburse all
monies in strict accordance with the closing statement, record the Conservation Restriction and
any other required documents or plans, and deliver to the appropriate parties all other closing
documents. It is agreed that Escrow Agent shall have no liability to Seller or Buyer for the
performance of its services herein, except in the event of Escrow Agent's gross negligence and/or
willful misconduct. In either case, the term"Closing" shall mean the consummation of the
purchase and sale of the Conservation Restriction in accordance with the terms of this
Agreement, and including the recording of the Conservation Restriction. The Conservation
Restriction is to be recorded and proceeds disbursed to Seller on the Escrow Closing date or, in
no event later than three (3) business days after the Escrow Agent's control. Notwithstanding
anything to the contrary contained herein or in any escrow,agent or closing escrow instructions,
the Buyer, Town Counsel or Escrow Agent shall not release or authorize release of the
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Conservation Restriction or any Seller Deliveries from escrow for recording until such time as
the Escrow Agent is holding the Purchase Price in good and collected funds. The Escrow
Closing Date shall be seven(7) business days after the execution of the Conservation Restriction
by the Commonwealth of Massachusetts.
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Real Estate taxes and other municipal charges shall be prorated as of the date of Closing
based upon the latest available bills.
1. Possession and Condition of Subject Property. Full possession of the
Conservation Restriction, free of all tenants and occupants, is to be delivered on the Escrow
Closing Date.
2. Extension to Perfect Title and Satisfy Conditions. Buyer shall notify Seller
promptly as to any title defects or other conditions of Buyer's obligation to purchase which
Seller may be unable to perform or satisfy on the Escrow Closing Date. If Seller shall be unable
to give title or to make conveyance, or to deliver possession of the Premises, or to satisfy the
conditions under paragraph 25, or the Subject Property does not conform with the provisions
hereof, all as herein stipulated,then Seller shall use reasonable efforts,the cost of which shall not
exceed hen Thousand ($10,000.00) Dollars to remove any defects in title, or to deliver
possession as provided herein, or to make the Subject Property conform to the provisions hereof,
or. if possible, to satisfy Conditions to Closing under paragraph 25, as the case may be, and the
date for closing shall be extended for a period of 30 days. If, at the expiration of 30 days, Seller,
having used such efforts, shall have failed so to remove any defects in title, deliver possession,
or, if possible, to satisfy Conditions to Closing under paragraph 25, or to make the Subject
Property conform, as the case may be, all as herein agreed, then, at Buyer's option,this
Agreement shall be terminated and all other obligations of all parties thereto shall cease and this
Agreement shall be void and without recourse to the parties hereto.
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If Seller is able to give title, make conveyance, deliver possession, and make the Subject
Property conform but one or more conditions precedent to Buyer's obligation to purchase are
unsatisfied and Buyer elects not to proceed then, at the Buyer's option,this Agreement shall be
terminated and all obligations of the parties hereto shall cease and this Agreement shall be void
and without recourse to the parties hereto.
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8. Buyer's Election to Accept Title. Buyer shall have the election, at the Escrow
Closing Date or the Extended Closing Date, to accept such title as Seller can deliver to the
Premises in their then condition, in which case Seller shall convey such title
9. Closing Deliveries. All closing documents shall be originals executed by an
authorized representative of Seller or Buyer, as applicable, and if such closing document is
intended to be recorded, each signature will be properly acknowledged.
(a) Seller's Deliveries. Subject to the provisions of Paragraph 2 hereof, on or before the
Escrow Closing Date, Seller shall execute and/or cause to be delivered to Buyer or Escrow Agent
the following items (collectively, "Seller's Deliveries"): (i) a closing statement, (ii) the
Conservation Restrictions in the form attached as Exhibit F, executed by the Seller and the
Secretary of Energy and Enviromnental Affairs (iii) an owner's affidavit in such form and
content as is necessary to induce the title company to delete
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the "standard exceptions" pertaining to parties in possession and mechanics' liens and to
permit Buyer to obtain title insurance on the Conservation Restriction subject only to the
Permitted Encumbrances, (v) a Foreign Investment and Real Property Tax Act(FIRPTA)
affidavit, (vi) a copy of the Disclosure Notice which has been filed pursuant to Chapter 7,
Section 40J with the Commissioner of Capital Asset Management and Maintenance (vii)
such other instruments and documents as Buyer and/or the Title Company may
reasonably request, including, without limitation, documents for the purpose of
confirming proper and lawful execution and delivery of closing documents and
conveyance of the Conservation Restriction to Buyer in accordance with this Agreement
and applicable provisions of Massachusetts law, (viii) Certificate of Seller in the form
attached as Exhibit E, and(ix)Federal and State Tax Releases and/or Affidavits that no
estate taxes are due for Robert Dale Stevens, (x) Certificate from the Trustees Academy
Road Nominee Trust that said Trust is in full force and effect. Said Trustees have been
authorized and directed by the Beneficiaries of said Trust to execute and deliver the
proposed documents, (xi) Deed from Anne L. Stevens, Trustee of Academy Road
Nominee Trust to Center Realty Trust, (xii) Trustee Certificate from Center Realty Trust
that said Trust is in full force and effect and that the Trustees have been duly authorized
and directed by all the Beneficiaries of said Trust to execute and deliver the proposed
documents, (xiii) Conservation Restriction from Charles A. Salisbury, Benjamin C.
Osgood and Daniel R. Elliott, Trustees of Center Realty Trust to the Town of North
Andover, acting by and through its Conservation Commission,(xiv) evidence of approval
of the purchase of the Conservation Restriction by the Town of North Andover at the
Town Meeting, (xv) acceptance of the Conservation Restriction by the Town of North
Andover Conservation Commission, (xvi) acceptance of the Conservation Restriction by
the Town of North Andover Board of Selectmen.
(b) Buyer's Deliveries. On the Escrow Closing Date Buyer shall execute and/or
deliver to Seller or Escrow Agent the following items (collectively, `Buyer's
Deliveries'): (i) a closing statement, (ii)the Purchase Price, (iii)the fully executed
Conservation Restriction, and(iv) such other instruments and documents as Seller and/or
the Title Company may reasonably request, including,without limitation, documents for
the purpose of confirming the proper and lawful execution and delivery of closing
documents in accordance with this Agreement and applicable provisions of
Massachusetts law, provided that any documents requiring execution by the Buyer shall
be delivered by the Seller to the North Andover Town Counsel at least 15 days prior to
the Escrow Closing Date.
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10. Closinji Expenses and Prorations. Buyer shall pay all costs associated with the
recording of the Conservation Restriction and such fees and recording costs as are customarily
paid by the Buyer, and the Seller shall pay such fees and recording costs as are customarily paid
by the Seller. Each party shall be responsible for its own legal expenses.
11. Seller's Representations and Warranties. Seller makes the following
representations and warranties, which shall survive the delivery and recording of the
Conservation Restriction from the Buyer to the Seller:
a. SELLER has full right,power and authority to enter into and become bound by this
Agreement and to consummate the transactions contemplated hereby;that the
person executing this Agreement has been duly authorized by all necessary action
and has full right,power and authority to execute and deliver this Agreement on
behalf of SELLER.
b. To the best of SELLER's knowledge and belief the Premises are not in violation in
any respect of the following(herein collectively called the"Environmental Laws"):
Massachusetts General Laws Chapter 21E("c.21E");the Resource Conservation
and Recovery Act of 1976 ("RCRA"),42 U.S.C. s.6901, et seq., as amended, see
Solid Waste Disposal Act;the Comprehensive Environmental Response,
Compensation and Liability Act("CERCLA"), 42 U.S.C. s.9601 et seq., as
amended, and any other federal, state or local statute, law, ordinance, code,rule,
regulation, order or decree regulating,relating to, or imposing liability or standards
of conduct concerning, any hazardous substance,hazardous waste, solid waste,
hazardous materials,oil,pesticides, asbestos,Urea Formaldehyde Foam Insulation
and the group of organic compounds known as polychlorinated biphenyls ("PCBs")
(collectively"hazardous substances"); (ii)there are no liens on or affecting the
Premises imposed by any Environmental Laws, (iii)there is no actual, asserted or
threatened, liability or obligation of SELLER,related to the Premises,under any
Environmental Laws and(iv)there are no hazardous substances on the Premises,
nor have hazardous substances been generated, discharged,treated, stored, or
disposed of, or otherwise deposited in or located on, or released on or to the
Premises, including,without limitation,the surface and subsurface waters of the
Premises.
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C. SELLER has not engaged in any activity on the Premises and to the best of
SELLER's knowledge and belief there is no other person who has engaged in any
activity on the Premises which would cause(i)the Premises to be a solid waste
disposal facility as defined in M.G.L. c. 111, §150A, or hazardous waste treatment,
storage or disposal facility within the meaning of or otherwise bring the Premises
within the ambit of the RCRA, as amended, or any similar state law or local
ordinance or other Environmental Law; or(ii)the discharge of hazardous
substances,pollutants or effluent into any water source or system, or the discharge
into the air of any emissions at any time or which would require a permit under the
Federal Water Pollution Control Act, 33 U.S.C. s.1251,et seq., or the Clean Air
Act,42 U.S.C. s.7401, et seq., or any similar state statute,regulation, local
ordinance or any other Environmental Law. As used herein,the terms "hazardous
substances,hazardous waste,hazardous materials or oil" and"release", "discharge",
"disposal", and "solid waste" shall have the meanings specified in CERCLA,
RCRA, and c.21E,provided, in the event any Environmental Law is amended
during the term of this Agreement so as to broaden the meaning of any term defined
thereby, such broader meaning shall apply subsequent to the effective date of such
amendment,and provided further,to the extent that one such Environmental Law
establishes a meaning for such terms which is broader than that specified or other
state environmental laws, such broader meaning shall apply; and no hazardous
substances have been used in the construction,renovation,maintenance,repair or
replacement of any portion of any improvements on the Premises.
d. To the best of the SELLER's knowledge and belief the Premises and their present
uses are not in violation in any respect of applicable zoning,building and
subdivision laws and regulations.
e. Neither the execution and delivery of the Agreement nor Seller's performance of its
obligations hereunder will constitute a breach or default under any agreement to
which Seller is bound.
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Each of the above representations is material and is relied upon by Buyer and shall survive the
delivery and recording of the Conservation Restriction from the Seller to the Buyer. If, before
Closing, Seller discovers any information or facts that would materially change the foregoing
warranties and representations, Seller shall immediately give notice to Buyer of those facts and
information.
In the event of a breach of any representations set forth in this Section I 1 prior to Closing, Buyer
may elect either(i)to waive such breach and proceed to Closing with no reduction in the
Purchase Price or (ii)to terminate this Agreement upon written notice to Seller, in which case
Buyer shall have no obligation to purchase the Subject Property.
12. Buyer's Representations and Warranties. Buyer makes the following
representations and warranties, to the best of Buyer's knowledge and belief:
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(a) Buyer has full power and authority to enter into this Agreement and purchase the
Subject Property in accordance with this Agreement.
(b) Neither Buyer's execution and delivery of this Agreement nor Buyer's
performance of its obligations hereunder constitute a breach or default under any
agreement to which Buyer is bound.
Each of the above representations is material and is relied upon by Seller. If, before Closing,
Buyer discovers any information or facts that would materially change the foregoing warranties
and representations, Buyer shall immediately give notice to Seller of those facts and information.
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In the event of a breach of any representations set forth in this Section 12 prior to Closing, Seller
may elect either (i)to waive such breach and proceed to Closing with no reduction in the
Purchase Price, or(ii)to terminate this Agreement upon written notice to Buyer, in which case
Seller shall have no obligation to sell the Conservation Restriction, and Buyer shall have no
obligation to buy the Conservation Restriction and this Agreement shall be void and without
recourse to either party.
13. No Broker's Commission. Each party represents to the other that it has not used
a real estate broker in connection with this Agreement or the transaction contemplated by this
Agreement. In the event any person asserts a claim for a broker's commission or finder's fee
against one of the parties to this Agreement, the party on account of whose actions the claim is
asserted will indemnify and hold the other party harmless from and against said claim and the j
provisions of this Section 13 shall survive Closing or any earlier term
14. Remedies Upon Failure of Performance. In the event that Seller fails to
perform any of Seller's obligations under this Agreement, Buyer shall have as its sole remedies
the right to (i)waive such failure or breach and proceed to Closing with no reduction in the
Purchase Price, or (ii)terminate this Agreement upon written notice to Seller, in which case
Buyer shall have no obligation to purchase the Subject Property. In the event that Buyer fails to
perform any of its obligations under this Agreement, Seller shall have as its sole remedies, the
right to (i)waive such failure or breach and proceed to Closing, (ii) terminate this Agreement
upon written notice to Buyer, in which case Seller shall have no obligation to sell the Subject
Property, and all other obligations of the parties hereto shall cease and this Agreement shall be
void and without recourse to the parties hereto.
15. No Assignment of Buyer's Interest. Buyer may not assign its interest in this
Agreement without the written consent of Seller.
16. Notices. All notices pertaining to this Agreement shall be in writing delivered to
the parties personally, by facsimile, commercial express courier service or by first class United
States mail,postage prepaid, addressed to the parties at the addresses set forth in Recital A. All
notices given personally or by fax shall be deemed given when received. All notices given by
mail or by commercial express courier service shall be deemed given when deposited in the mail,
9
first class postage prepaid, or with such courier, addressed to the parry to be notified. The parties
may, by notice as provided above, designate a different address to which notice shall be given.
17 Title Insurance. Buyer's performance hereunder is also conditioned upon title to
the Conservation Restriction being insurable at regular rates on a standard ALTA Form B Owner's
Insurance Policy,without exception for any matter not objected to by Buyer,by a title company
qualified to do business in Massachusetts and acceptable to Buyer.
18. No Other Agreements. Seller hereby represents,warrants and covenants that the
Conservation Restriction is not and will not be the subject of any outstanding agreements with any
parry pursuant to which any such parry may acquire any interest herein, and that there are no
contracts or agreements to which Seller is a parry, including any tenancy or occupancy agreements,
which affect the Conservation Restriction and which will survive the Escrow Closing Date or
Closing Date.
19. REBA Standards. Any manner of practice arising under or relating to this
agreement which is the subject of a title standard or a practice standard of the Massachusetts Real
Estate Bar Association at the Escrow Closing Date or Closing Date shall be governed by said title
standard or practice standard to the extent applicable.
20. Time of the Essence. Time is of the essence in this Agreement.
21. Next Business Day. In the event that any date for performance or notice
hereunder falls on a Saturday, Sunday or a state, federal or bank holiday,the deadline for such
performance or notice shall be automatically extended to the next business day.
22. Applicable Law. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to
conflict of law principles.
23. Binding on Successors. This Agreement shall be binding not only upon the
parties,but also upon their respective heirs, personal representatives, assigns and other
successors in interest.
24. Entire Agreement; Modification, Waiver. This Agreement constitutes the
entire agreement between Buyer and Seller pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous agreements, representations, and understandings. This
Agreement shall be construed without regard to any presumption or other rule requiring
construction against the party causing this Agreement to be drafted. No supplement,
modification, waiver or amendment of this Agreement shall be binding unless specific and in
writing executed by the parry against whom such supplement, modification, waiver or
amendment is sought to be enforced. No delay, forbearance or neglect in the enforcement of any
of the conditions of this Agreement or any rights or remedies hereunder shall constitute or be
construed as a waiver thereof. No waiver of any of the provisions of this Agreement shall be
deemed or shall constitute a waiver of any other provision, whether or not similar,nor shall any
waiver constitute a continuing waiver.
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25. Conditions to Closing. In addition to the satisfaction of any other conditions set
forth in this Agreement the parties obligations hereunder are expressly subject to the condition
precedent that
(a) Seller has purchased Parcels 1I and III from Anne L. Stevens, Trustee of
Academy Road Nominee Trust, successor by interest to Robert Dale Stevens
in a certain Purchase and Sale Agreement dated April 9, 2014 between Robert
Dale Stevens as Seller and Center Realty Trust as purchaser, as amended.
(b) Buyer has fully complied with the thirty(30) day publication period set forth
in G.L. c. 30B, Section 16(e) (2), if applicable;
(c) Seller has executed and filed the Disclosure of Beneficial Interest Form
required by G.L. c. 7 Section 40J, if applicable; and
(d) The Board of Selectmen and Conservation Commission of the Town of North
Andover have accepted and signed the Conservation Restrictions and that the
Conservation Restriction has been approved and signed by the Secretary of
EOEEA.
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26. Exhibits. The attached exhibits are incorporated herein by reference.
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27. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed to be an original and all of which counterparts together shall
constitute but one and the same instrument. Legible fax copies and photocopies of documents
signed by either party are deemed to be equivalent to originals.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed under seal by its duly authorized signatory(ies) on the date first written above.
SELLER: BUYER:
TOWN of NORTH ANDOVER, a
municipal corporation within Essex County,
Commonwealth of Massachusetts
" I 4r,
Charles A. Salisbury, Trustee f BOARD OF SELECTMEN
The Center Realty Trust
Benp n C. Osgood, T stee of
The' enter Realty Trust
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onald R. Elliottt, Trustee of
The Center Realty Trust
ASSENTED TO BY:
CONSERVATION COMMISSION
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EXHIBIT A
TITLE COMMITMENT
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EXHIBIT B
CERTIFICATE OF COMPLIANCE WITH TAX LAWS
To:
Pursuant to Masschusetts General Laws Chapter 62C, Section 49A, We, Charles A. Salisbury,
Benjamin C.Osgood and Donald R.Elliott,Trustees of The Center Realty Trust,whose principal place
of business is at 96orthBUndover, MA , do hereby certify under the pains and
penalties of perjury that Center Realty Trust has paid all applicable Massachusetts taxes and has
complied with all laws of the Commonwealth relating to taxes,reporting of employees and contractors,
and withholding and remitting child support.
Charles A. Salisbury, Trustee of
The Center Realty Trust
Benj in C. Osgood, Trpke of
The enter Realty Trust
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Donald R. Elliott, Trustee of
The Center Realty Trust
Date: February 26, 2015
Tax Identification Number of The Center
Realty Trust: 04-2348294
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
COMMITMENT
SCHEDULE A
Number: 14-49304 Effective date:
March 1, 2015
at 5:00 P.M.
Prepared For: Urbelis & Fieldsteel, LLP
Inquiries should be directed to:
Robert J. Moriarty, Jr.,> r. q.
Marsh, Moriarty, Ontell & Golder,P.C.
18 Tremont Street, Suite 900
Boston, Massachusetts 02108
(617) 778-5100
1. Policy or Policies to be issued:
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ALTA OWNERS Policy(6/17/06) Amount$TBD
Proposed Insured: Town of North Andover, acting by and
through its Conservation Commission
The Insured Interest is a Conservation Restriction to be imposed by Charles A. Salisbury,
Benjamin C. Osgood, and Donald R. Elliott, Trustees of Center Realty Trust under
Declaration of Trust dated January 13, 1959,recorded with Essex North District Registry
of Deeds in Book 887, Page 52, as amended of record, in favor of the Town of North
Andover.
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2. The estate or interest in the land described or referred to in this Commitment and covered
herein is a fee simple, and title thereto is at the effective date hereof vested in:
Charles A. Salisbury, Benjamin C. Osgood and Donald R. Elliott, Trustees of Center
Realty Trust of North Andover, under Declaration of Trust dated January 13, 1959, and
recorded with Essex North District Registry of Deeds in Book 887, Page 52, as amended of
record as to Tract I of Exhibit A;
Trustee of The Robert D. Stevens 1992 Trust as to Tract II, Parcel 1 of Exhibit A; and
Anne L. Stevens, Trustee of Academy Road Nominee Trust under Declaration of Trust
dated July 3, 2014 and recorded with Essex North District Registry of Deeds in Book
13904, Page 120 as to "Tract Il, Parcel 2 and Tract III of Exhibit A.
�. Fhe land referred to in the Commitment is located on Academy Road, North Andover,
Essex County, Massachusetts all more particularly described in Exhibit A attached and
made a part hereof.
Note: As used herein, "filed" shall mean, "filed with the Essex North Registry District of the Land
Court."
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SCHEDULE B -- Section 1
The following are the requirements to be complied with:
1. Instrument(s) creating the estate or interest to be insured must be approved, executed and
filed for record,to wit:
a. Certificate pursuant to M.G.L. 184 § 35 from the Trustee(s) of The Robert D.
Stevens 1992 Trust that said Trust is in full force and effect, not having been
amended, revoked or terminated, except by instruments duly recorded, that said
Trustee(s) is(are) the sole Trustee(s) of said Trust, that there have always existed
and do presently exist beneficiaries of said Trust, and that said Trustees have been
duly authorized and directed by all of the beneficiaries of said Trust, in
accordance with its provisions, to execute and deliver the proposed insured
documents.
b. Federal and State Tax Releases or Affidavits that no estate taxes are due for
Robert Dale Stevens.
C. Deed from Trustees of The Robert D. Stevens 1992 Trust, to Anne L. Stevens,
Trustee of Academy Road Nominee Trust(Lot C-2).
d. Certificate from the Trustee(s) of the Academy Road Nominee Trust that said
Trust is in full force and effect, not having been amended, revoked or terminated,
except by instruments duly recorded, that said Trustee(s) are(is) the sole
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Trustee(s) of said Trust, that there have always existed and do presently exist
beneficiaries of said Trust, and that said Trustees have been duly authorized and
directed by all of the beneficiaries of said Trust, in accordance with its provisions,
to execute and deliver the proposed insured documents.
Note: Please note that the Certificate must be under oath and the
notarization must be sworn or affirmed and not voluntary act.
C. Deed from Anne L. Stevens, Trustee of the Academy Road Nominee Trust under
Declaration of Trust dated July 3, 2014, recorded in Book 13904, Page 120 to the
Trustees of Center Realty Trust.
f Certificate from the Trustee(s) of the Center Realty Trust of North Andover that
said Trust is in full force and effect, not having been amended, revoked or
terminated, except by instruments duly recorded, that said Trustee(s) are(is) the
sole Trustee(s) of said Trust, that there have always existed and do presently exist
beneficiaries of said Trust, and that said Trustees have been duly authorized and
directed by all of the beneficiaries of said 'Trust, in accordance with its provisions,
to execute and deliver the proposed insured documents.
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030615
g. Conservation Restriction from Charles A. Salisbury, Benjamin C. Osgood and
Donald R. Elliot, Trustees of Center Realty Trust of North Andover under
Declaration of Trust dated January 13, 1959 and recorded in Book 887, Page 52,
to the Town of North Andover acting by and through its Conservation
Commission.
h. Acceptance of the Conservation Restriction by the Town Board of
Selectmen/Town Meeting authorizing the purchase of the Land.
2. Payment of the full consideration to, or for the account of, the mortgagors.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises,
which are due and payable. Current Certificate of Municipal Liens and/or evidence of
pa}mment of such matters must be obtained in order to modify Schedule B -Section 2,Item 5.
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto
are completed; that contractor, subcontractors, labor and materialmen are all paid.
5. Certificate as to the proper release and recordation of discharges of the following matters:
NONE.
6. Receipt of Affidavit executed by the Seller for deletion or modification, as appropriate, of
Schedule B-Section 2, items 1 and 2 hereof.
7. The actual value of the estate or interest to be insured must be disclosed to the Company,
and subject to approval by the Company, entered as the amount of the policy to be issued.
Until the amount of the policy is to be issued shall be determined, and entered as aforesaid,
it is agreed that as between the Company, the applicant for this Commitment, and every
person relying on this Commitment, the Company cannot be required to approve any such
evaluation in excess of$100,000.00 and the total liability of the Company on account of this
Conunitment shall not exceed said amount.
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8. Payment of premium at applicable rates and payment of Marsh, Moriarty, Ontell and
Golder, P.C. legal fees. This commitment is effective for a period of six (6) months, only,
and may only be relied upon by the person for whom it was prepared. Any reliance upon or
use of this Commitment by another person is strictly prohibited and may give rise to a claim
in favor of Marsh, Moriarty, Ontell and Golder, P.C. for a fee.
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9. Upon full disclosure to the Company of the nature and scope of this transaction and its
review and approval of the closing documents, including updated Certification of Title, the
Company reserves the right to raise such other and further exceptions and requirements as
are appropriate.
10. This Commitment is a contract to issue one or more title insurance policies and is not an
abstract of title or a report of the condition of title. Any action or actions or rights of action
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that the proposed Insured may have or may bring against the Company arising out of the
status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based ou and are subject to the provisions of this Commitment.
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SCHEDULE B -- Section 2
Schedule B of the policy or policies to be issued will contain exceptions to the following matters
unless the same are disposed of to the satisfaction of the Company.
1. Rights or claims of present tenants, lessees or parties in possession not shown by the
Public Records.
2. Any lien, or right to a lien, for services, labor or material, heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the Title that would be disclosed by an accurate and complete survey of the Land. The
term "encroachment" includes encroachments of existing improvements located on the
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Land onto the adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
4. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.
5. Liens for taxes and assessments, which become due subsequent to the Date of Policy.
Note: Taxes are paid through
6. Title to and rights of the public and others entitled thereto in and to those portions of the
Insured Premises lying within the bounds of the adjacent streets and ways.
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7. There is added after any Special Exception appearing in this Schedule B relative to
covenants, conditions and restriction, the following: `...but omitting any covenants or
restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, handicap, national origin, ancestry, or source of income,
as set forth in applicable, state and federal laws, except to the extent that said covenant or
restriction is permitted by applicable law.'
8. Hic exact acreage or square footage being other than as stated in Exhibit A annexed or
the plan(s) therein referred to.
9. Terms and provisions of the insured Conservation Restriction.
10. Restriction that ditch located on insured Land shall be kept open at all times as set forth in
Deed from Francis B. Kittredge to Caroline S. Rogers, Francis B. Kittredge and John B.
Osgood, as they are Trustees of The Center Realty Trust under Agreement and Declaration
of Trust dated January 13, 1959, said Deed dated March 25, 1959, recorded in Book 890,
Page 349, (Encumbers Parcel I of Exhibit A.)
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11. Order of Conditions, DQE File No. 242-334, issued by the North Andover Conservation
Commission, acknowledged January 29, 1986, recorded in Book 2143, Page 95.
(Encumbers Parcel III of Exhibit A.)
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12. Order of Conditions, DEQE File No. 242-490, issued by the North Andover Conservation
Commission, acknowledged March 29, 1989, recorded in Book 3369, Page 318; as
extended by Extension Permit, acknowledged February 25, 1992, recorded in Book 3447,
Page 29. (Encumbers Parcel III of Exhibit A.)
13. Landscape easement as set forth in Deed from Robert Dale Stevens to The North Parish
of` North Andover, Unitarian Universalist North Andover, Massachusetts, F/K/A The
North Parish of North Andover, and A/K/A The North Parish Universalist Church of
North Andover dated February 28, 2014, recorded in Book 13811, Page 175.
(Encumbers Parcel III of Exhibit A.)
14. li,21cted
t 5. Easement from the Trustees of Center Realty Trust of North Andover to David C. Piekul
et ux dated February 4, 2015, recorded in Book , Page
16. Easement from the Trustees of Center Realty Trust of North Andover to Bradford C.
Wakeman et ux dated February , 2015, recorded in Book , Page
Robert J. Moriarty, Jr.
Authorized Signatory
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EXHIBIT A
ACADEMY ROAD
NORTH ANDOVER, MASSACHUSETTS
TRACT 1
The land situate on the westerly side of Academy Road in North Andover, Essex County, Commonwealth
of Massachusetts, being shown as Parcel "A" on a plan entitled "Plan of Land, Mass. owned Francis B.
Kittredge", dated September 17, 1958, prepared by Ralph B. Brasseur, C.E., and recorded with Essex
North District Registry of Deeds as Plan No. 3774.
Containing 2.69 acres, more or less, all as shown on said plan.
TRACT II
Parcel No. 1.
The land situated in North Andover, Essex County, Massachusetts being shown as Parcel C2 shown on a
plan entitled "Plan of Land Located in North Andover, Massachusetts", dated December 12, 1996,
prepared by Meridian Engineering, Inc. duly recorded with Essex North District Registry of Deeds as
Plan No. 12985.
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Parcel No. ? l
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A certain parcel of vacant land situated on the westerly side of Academy Road in North Andover
adjacent to the parcel described above, being known as the ".74 acre lot" being more particularly
described in deed from John G. Whitman, Executor and Trustee to Mary F. Charles, recorded with Essex
North District Registry of Deeds in Book 908, Page 24, and being shown as "George B. Loring" on plan
entitled "Plan of Land in North Andover Mass. Owned by Geo. B. Loring, Esq.", dated April 30, 1925,
prepared by Morse& Chase, Engs. recorded with Essex North District Registry of Deeds as Plan No. 599.
Said parcel of land is also shown as Lot D on plan entitled "Plan of Land Located in North Andover,
Massachusetts (Essex County) Prepared for 84 Academy Road Realty Trust& Robert Dale Stevens",
dated December 12, 1996,prepared by Meridian Engineering, Inc.,recorded with Essex North District
Registry of Deeds as Plan No. 12985.
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TRACT I I I
A certain parcel of land with the buildings thereon situated in North Andover, Essex County,
Massachusetts, shown as Lot 1B-B2 on a plan of land entitled, "Plan of Land in No. Andover, Mass",
dated June 2, 2014, prepared by Hayes Engineering, Inc. which plan is recorded with the North Essex
Registry of Deeds as Plan No. 17151,to which Plan reference is made for a more particular description of
the said Lot 1 B-132.
Together with the benefit of a No-Cut Zone over Lots 2B and 3B and a 20'wide Utility Easement and a
20' wide Sanitary Sewer Easement over Lot 213, all as shown on said plan and as set forth in Deed from
Robert Dale Stevens to Tom Patenaude Homes, Inc. dated January 3, 2012, recorded in Book 12774, Page
42.
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EXHIBIT A
ACADEMY ROAD
NORTH ANDOVER, MASSACHUSETTS
TRACT I
The land situate on the westerly side of Academy Road in North Andover, Essex County, Commonwealth
of Massachusetts, being shown as Parcel "A" on a plan entitled "Plan of Land, Mass. owned Francis B.
Kittredge", dated September 17, 1958,prepared by Ralph B. Brasseur, C.E., and recorded with Essex
North District Registry of Deeds as Plan No. 3774.
Containing 2.69 acres, more or less, all as shown on said plan.
TRACT 11
Parcel No. I.
The land situated in North Andover, Essex County, Massachusetts being shown as Parcel C2 shown on a
plan entitled "Plan of Land Located in North Andover, Massachusetts", dated December 12, 1996,
prepared by Meridian Engineering, Inc. duly recorded with Essex North District Registry of Deeds as
Plan No. 12985.
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Parcel No. 2
A certain parcel of vacant land situated on the westerly side of Academy Road in North Andover
adjacent to the parcel described above, being known as the ".74 acre lot"being more particularly
described in deed from John G. Whitman, Executor and Trustee to Mary F. Charles, recorded with Essex
North District Registry of Deeds in Book 908, Page 24, and being shown as "George B. Loring" on plan
entitled "Plan of Land in North Andover Mass. Owned by Geo. B. Loring, Esq.", dated April 30, 1925,
prepared by Morse & Chase, Engs. recorded with Essex North District Registry of Deeds as Plan No. 599.
Said parcel of land is also shown as Lot D on plan entitled "Plan of Land Located in North Andover,
Massachusetts (Essex County)Prepared for 84 Academy Road Realty Trust&Robert Dale Stevens",
dated December 12, 1996,prepared by Meridian Engineering, Inc.,recorded with Essex North District
Registry of Deeds as Plan No. 12985.
TRACT III
i
A certain parcel of land with the buildings thereon situated in North Andover, Essex County,
Massachusetts, shown as Lot 1B-B2 on a plan of land entitled, "Plan of Land in No. Andover, Mass",
dated June 2, 2014, prepared by Hayes Engineering, Inc. which plan is recorded with the North Essex
Registry of Deeds as Plan No. 17151,to which Plan reference is made for a more particular description of
the said l,ot I B-132.
Together with the benefit of a No-Cut Zone over Lots 2B and 3B and a 20'wide Utility Easement and a
20' wide Sanitary Sewer Easement over Lot 213, all as shown on said plan and as set forth in Deed from
Robert Dale Stevens to Tom Patenaude Homes, Inc. dated January 3, 2012, recorded in Book 12774,Page
42.
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EXHIBIT C
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under the penalties of perjury that the foregoing Agreement has been
obtained in good faith and without collusion or fraud with any other person(as used in this certification,
the word"person" shall mean any natural person,business,partnership,corporation,union,committee,
club, or other organization, entity, or group of individuals).
Dated: February 26 , 2O15 µ
Charles A. Salisbury, Trustee o
The Center Realty Trust
Ben' in C. Osgood, Trust of
The enter Realty Trust
Donald R. Elliott, Trustee of
The Center Realty Trust
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EXHIBIT D
DISCLOSURE STATEMENT
under the provisions of
G.L. c. 7, 440J
(Copy of executed and filed document to be inserted.)
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DISCLOSURE STATEMENT
PARTY TO REAL PROPERTY TRANSACTION WITH A PUBLIC AGENCY
M.G.L. c. 7(C), s. 38 (formerly M.G.L. c. 7, s.40J)
The undersigned party to a real property transaction with a public agency hereby discloses and
certifies, under pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY:
Academy Road, North Andover, Massachusetts. Me Exhibit A for description.
(2) TYPE OF AGEEMENT. TRANSACTION, or DOCUMENT:
Conservation Restriction
(3) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY (IF PARTY IS NOT AN
INDIVIDUAL): Charles A. Salisbury, Benjamin C. Osgood and Donald R. Elliott, Trustees of The
Center Realty Trust
(4) ROLE OF PARTY (Check appropriate role):
Lessor/Landlord Lessee/Tenant
X Seller/Grantor Buyer/Grantee
Other(Please describe):
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(5) The names and addresses of all persons and individuals who have or will have a direct or
indirect beneficial interest in the real property excluding only 1) a stockholder of a
corporation the stock of which is listed for sale to the general public with the securities
--and exchange_commission, if such stockholder holds less than ten per cent of the
outstanding stock entitled to vote at the annual meeting of such corporation or 2) an
owner of a time share that has an interest in a leasehold condominium meeting all of the
conditions specified in M.G.L. c. 7(C), s. 38, are hereby disclosed as follows (attach
additional pages if necessary):
NAME RESIDENCE
Charles A. Salisbury, Benjamin C. Osgood P.O. Box 876
and Donald R. Elliott, Trustees of The Center Realty Trust North Andover, MA 01845
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(6) None of the above- named persons is an employee of the Division of Capital Asset
Management and Maintenance or an official elected to public office in the Commonwealth
of.Massachusetts, except as listed below(insert"none" if none): NONE
(7) The individual signing this statement on behalf of the above-named party acknowledges
that he/she has read the following provisions of Chapter 7(C), Section 38 (formerly
Chapter 7, Section 40J) of the General Laws of Massachusetts:
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No agreement to rent or to sell real property to or to rent or purchase real
property from a public agency, and no renewal or extension of such agreement,
shall be valid and no payment shall be made to the lessor or seller of such
property unless a statement, signed, under the penalties of perjury, has been
filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by
a duly authorized officer thereof giving the true names and addresses of all
persons who have or will have a direct or indirect beneficial interest in said
property with the commissioner of capital asset management and maintenance.
The provisions of this section shall not apply to any stockholder of a corporation
the stock of which is listed for sale to the general public with the securities and
exchange commission, if such stockholder holds less than ten per cent of the
outstanding stock entitled to vote at the annual meeting of such corporation. In
the case of an agreement to rent property from a public agency where the
lessee's interest is held by the organization of unit owners of a leasehold
condominium created under chapter one hundred and eighty-three A, and time-
shares are created in the leasehold condominium under chapter one hundred
and eighty-three B, the provisions of this section shall not apply to an owner of a
time-share in the leasehold condominium who (i) acquires the time-share on or
after a bona fide arms length transfer of such time-share made after the rental
agreement with the public agency is executed and (ii) who holds less than three
percent of the votes entitled to vote at the annual meeting of such organization of
unit owners. A disclosure statement shall also be made in writing, under penalty
of perjury, during the term of a rental agreement in case of any change of interest j
in such property, as provided for above, within thirty days of such change.
Any official elected to public office in the commonwealth, or any employee of the
division of capital asset management and maintenance disclosing beneficial
interest in real property pursuant to this section, shall identify his position as part
of the disclosure statement. The commissioner shall notify the state ethics
commission of such names, and shall make copies of any and all disclosure-
statements received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received
available for public inspection during regular business hours.
(8) This statement is hereby signed under penalties of perjury.
(PARTY'S NAME DISCLOSED IN
February 26rp , 2015 PARAGRAPH 3)
DATE
AUTHORIZED SIGNATURE
Charles A. Salisbury, Trustee
AUTH IZED SIGNATUR
Be W' Iffin C. Osgood, Trustee
AUTHORIZED SIGNATURE
Donald R. Elliott, Trustee
EXHIBIT "A"
Parcel 1:
1
The land situate on the westerly side of Academy Road in said North Andover, being shown as
Parcel "A" on a plan recorded as Plan No.: 3774, said plan being entitled "Plan of Land in North
Andover, Mass. owned by Francis B. Kittredge", dated September 17, 1958,by Ralph B.
Brasseur, C.E., and said parcel being bounded and described as follows:
NORTHEASTERLY and EASTERLY by Academy Road, 452 feet;
SOUTHERLY by Lot "B" on said plan, 528.0 feet;
EASTERLY by a brook, 205.98 feet;
NORTHERLY by land now or formerly of Clark, 78.90 feet;
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NORTHERLY again by the Old Burying Ground, 18 5.10 feet; and
EASTERLY by the said Old Burying Ground, 186.43 feet.
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Containing 2.69 acres, more or less, all as shown on said plan.
It is agreed that the ditch on said premises, as shown on said plan, is a natural waterway and shall
be kept open at all times by the grantees,their successors and assigns.
Parcel 2:_
Parcel C-2 shown on a plan(the "Plan") entitled "Plan of Land located in North Andover,
Massachusetts" dated December 12, 1996,prepared by Meridian Engineering, Inc., duly
recorded with said Registry on January 29, 1997, as Plan No. 12985 (the "Premises")
Containing approximately 8,265 square feet of land, according to the Plan
For Grantor's title see deed dated January ,2015,recorded with said Registry immediately
prior hereto.
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A certain parcel of land situated on the Westerly side of Academy Road in North Andover,
adjacent to Parcel 2 described above,being known as the ".74-acre lot" being more particularly
described in a deed from John G. Whitman, Executor and Trustee to Mary F. Charles,recorded
with said Registry in Book 908,Page 24, as follows:
EASTERLY: by Academy Road one hundred fifty feet;
SOUTHERLY: by registered land (now or formerly) of Avco Manufacturing Corporation
shown on Land Court Plan 10780A two hundred eighteen and 25/100 feet;
WESTERLY: by land(formerly) of Buchanan Charles one hundred fifty feet;
NORTHERLY: by land (formerly) of Mary F. Charles two hundred fourteen and 65/100
feet.
Containing 32,400 square feet, and be all or any of said measurements or contents more or less,
and however otherwise said premises may be bound and described. Said Parcel 4 is also shown
as Lot D on the aforementioned Plan#12985.
For the Grantor's title to Parcel 4 see deed dated July 3, 3014, recorded with said Registry, Book
13904,Page 125.
Parcel 3:
The land in North Andover, Essex County, Massachusetts, situated on Academy Road, shown as
Lot 113-132 on the plan entitled "Plan of Land in North Andover, Mass.," by Hayes Engineering,
Inc., dated June 2,2014,recorded at the Essex North District Registry of Deeds on September 3,
2014, as Plan No. 17151, containing 27,359 square feet, according to said plan.
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Together with the benefit of a No-Cut Zone over Lots 2B and 3B and a 20'wide Utility
Easement and 20'wide Sanitary Sewer Easement over Lot 213, all as shown on said plan and as
set forth in Deed from Robert Dale Stevens to Tom Patenaude Homes,Inc. dated January 3,
2012,recorded in Book 12774,Page 42.
Being part of the same premises conveyed to the Grantor by Deed of Robert Dale Stevens dated
July 3, 3014, and recorded in said Registry at Book 13904,Page 125.
Subject to restrictions of record in force and applicable.
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EXHIBIT E
CERTIFICATE OF SELLER
The undersigned hereby certifies that the warranties and representations contained in paragraph
11 of a certain Purchase and Sale Agreement for the sale of property known as
Academy Road in North Andover,Massachusetts, executed on February 26 ,2015, a
copy of which is attached hereto,are true and correct in all material respects and that I have performed
or complied with all of the agreements of the undersigned to the extent such performance or
compliance is required prior to or on the Closing Date under said Purchase and Sale Agreement.
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Dated: February 26, 2015
Charles A. Salisbury,Trustee °
The Center Realty Trust
Benja 'n C. Osgood, T ee of
The enter Realty Trust
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Donald R.Elliott,Trustee of
The Center Realty Trust
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EXHIBIT F
CONSERVATION RESTRICTION
II
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Grantor: The Center Realty Trust of North Andover
Grantee: Town of North Andover
Address of Premises: Academy Road,North Andover
For title see: Essex North District Registry of Deeds Book 890,Page 349, Book
Page , and Book , Page
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CONSERVATION RESTRICTION
To
THE TOWN OF NORTH ANDOVER
I. GRANTOR CLAUSE
Charles A. Salisbury, Benjamin C. Osgood and Donald R. Elliott, as Trustees of
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THE CENTER REALTY TRUST OF NORTH ANDOVER a Massachusetts
o nonprofit 501-c-2 corporation, with an address of P.O. Box 876, North Andover,
Massachusetts 01845, being the sole owner, for its successors and assigns (herein after
"Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the
z Massachusetts General Laws, hereby grant, with quitclaim covenants,to the TOWN OF
oNORTH ANDOVER, a municipality organized under the laws of the Commonwealth of
Massachusetts with its usual place of business located at 120 Main Street, North
Andover, Massachusetts 01845, acting by and through its Conservation Commission,
acting by authority of MGL c40 Sec 8C its permitted successors and assigns (hereinafter
"Grantee"), for consideration paid of Five Hundred Seventy Thousand ($570,000.00)
oDollars, in perpetuity and exclusively for Conservation Purposes, the following
Conservation Restriction on three parcels of land on Academy Road, identified herein as
Lot A, Lot C2 and D and Lot 1 B-B2, containing in total approximately 4.25 acres, and
located in the Town of North Andover, Essex County, Massachusetts (hereinafter referred
to as the "Premises"), all as described as the following and as shown on"Sketch Showing
Academy Road CR", attached hereto as Exhibit A:
1
1. Lot A: A parcel of land at 1 Academy Road, shown as Parcel A on a Plan of
Land recorded at the North Essex Registry of Deeds as Plan No. 3774,
attached hereto as Exhibit B " Plan Showing Lot A". For title to the property
see Deed recorded at Book 890, Page 349.
2. Lot C2 and D: Two parcels of land on the west side of Academy Road shown
as Lot C2 and Lot D. Lot C2 consists of 8,265 square feet and is shown on a
Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985, and attached hereto as Exhibit C " Plan Showing Lot C2 and D".
For title see Deed recorded at Essex North District Registry of Deeds at Book
Page Lot D consists of 32,432 square feet and is shown on
a Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985. For title see Deed recorded at Essex North District Registry of
Deeds at Book , Page
3. Lot 1B-132: A parcel of land on Academy Road, and formerly part of 140
Academy Road, containing approximately 27,359 square feet of land and
shown as Lot 1B-B2 and shown on a Plan of Land recorded with Essex North
District Registry of Deeds as Plan No.: 17151 attached hereto as Exhibit D "
Plan Showing Lot 1B-B2" . For title see Deed recorded at Essex North
District Registry of Deeds at Book , Page
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11. PURPOSES
This Conservation Restriction is defined in and authorized by Sections 31-33 of
Chapter 184 of the Massachusetts General Laws and otherwise by law. It's purpose is to
assure that the Premises will be retained in its current natural, scenic, undeveloped
condition in perpetuity for Conservation Purposes and to prevent any use of the Premises
that will significantly impair or interfere with its conservation values. The granting and
acceptance of this Conservation Restriction is in accordance with the Town Meeting vote
on May 20, 2014 to expend Massachusetts General Laws Chapter 4B Community
Preservation Act funds to acquire a Conservation Restriction on the Premises. Certified
copies of the Town Meeting vote are attached hereto as Exhibit E. The protected
conservation values and the public benefits resulting from the protection of the Premises
2
in the mariner provided in this Conservation Restriction include the following, without
limitation:
A. Preservation of Scenic Views and Vistas. The fields and woodlands on the
Premises offer broad scenic views to the passing public and are integral to the
surrounding landscape. This Conservation Restriction protects these vistas and
helps ensure the integrity of the Academy Road landscapes; and
B. Protection of Historic Landscape. The Premises are an integral part of the
North Andover Old Center Historic District, an area of homes, a church, and other
historic properties most of which are listed on the National and State Historic
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Register. This Conservation Restriction insures that a major portion of the
Historic District fabric will remain intact.
C. Protection of Ecological, Educational and Recreational Values. The Premises
provide significant ecological, habitat, outdoor educational, and recreational
values in its undeveloped state as a natural area that has not been subjected to
development, and with its proximity to contiguous permanently protected land.
This Conservation Restriction protects the undeveloped nature of the Premises j
preserving these benefits in perpetuity.
C. Furtherance of Government Policy. Protection of the Premises furthers the
Town of North Andover's 2010 Open Space and Recreation Plan, including
fulfilling recommendations to Preserve Historic Landscapes and Other Historic
Resources and to Protect Scenic Hilltops, Landscapes, and Farmland.
Therefore, in order to preserve the Premises in perpetuity in its present natural,
scenic, and open condition, the Grantor conveys to the Grantee a perpetual Conservation
Restriction within the meaning of Chapter 184, Section 31 et. se q. of the General Laws of
Massachusetts, as amended. In order to describe the present condition of the Premises the
Grantor and the Grantee agree that all man-made structures, boundaries, and natural
features existing on the Premises at the time of execution of this Conservation
Restriction, shall be documented in a report to be kept on file in the offices of the Grantor
and the Grantee (hereinafter "Baseline Documentation Report"). This Baseline
3
Documentation report shall consist of documentation that the Grantor and the Grantee
collectively agree provides an accurate representation of the condition of the Premises at
the time this Conservation Restriction is recorded and which is intended to serve as an
objective information baseline for monitoring compliance with the terms of this
Conservation Restriction. In the event the Baseline Documentation Report is unavailable
to establish the current condition of the Premises, or any issue that arises is not covered or
not adequately covered in the CR, the Grantor and Grantee reserve the right to establish
its current conditions by other means.
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III. PROHIBITED AND PERMITTED ACTIVITIES AND USES
The terms of this Conservation Restriction are as follows:
I
A. Prohibited Activities and Uses. Except as otherwise herein provided, the Grantor
shall neither perform nor permit others to perform any of the following acts or uses,
which are prohibited, on, above, and below the Premises:
I. Constructing, placing or allowing to remain any temporary or permanent building,
structure, facility or improvement, including but not limited to buildings, tennis
courts, landing strips or pads, mobile homes, swimming pools, asphalt or concrete
pavement, septic systems, roads, signs, fences, billboards or other advertising
display, utilities, conduits, poles, antennas (including satellite dishes and cell
towers), towers, monopoles, docks, wharfs, or other temporary or permanent
structures, facilities, or improvements of any kind on, above or under the ground;
2. Dumping,placing, filling or storing on the Premises of soil, grass clippings,
compost, yard debris or other substances, or dumping or placing of vehicle bodies
or parts,junk, trash, refuse, solid or chemical waste, unsightly or offensive or any
other materials whatsoever, or the installation of underground storage tanks;
?. Cutting, removing, or otherwise destroying trees, grasses, shrubs or other
vegetation;
4. Mining, excavating, dredging or removing from the Premises of loam, peat, sand,
gravel, soil, rock or other mineral resource or natural;
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5. Any industrial, institutional or commercial use;
6. Any use of the Premises for more than de n2inin is commercial recreational
activities, as defined in I.R.C. Section 203 1(c)(8)(B) and regulations promulgated
thereunder or any successor statute or regulation;
7. Use, parking, or storage of motorized or mechanized vehicles of any nature or
kind, including but not limited to cars, trucks, motorcycles, trail and mountain
bikes, all-terrain vehicles and snowmobiles on the Premises, and the use, landing,
or storage of aircraft, helicopters, or similar machines or devices, all except as
may be necessary by police, firemen or other governmental agents in carrying out
their lawful duties, and except for, where appropriate, motorized or non-motorized
wheelchairs for handicap accessibility;
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8. Activities detrimental to drinking water protection, wildlife habitat, drainage,
flood control, water or soil conservation, scenic qualities, archaeological
co�nscrvation, or erosion control:
9. The use of the Premises for (a) transferring development rights to any property,
whether or not the receiving land is adjacent to the Premises; and (b) calculating
permissible lot yield of this or any other land;
10. Conveyance of a part or portion of the Premises alone or division or subdivision
o i'the Premises (as compared to conveyance of the Premises in its entirety, which
shall be permitted) without the prior written consent of Grantee;
11. Any other use of the Premises or activity that would impair the conservation
values unless such use or activity is necessary in an emergency in the opinion of
the Grantee and at the Grantee's sole discretion for the protection of the
conservation values that are subject to this Conservation Restriction;
12. Any acts or uses which in the opinion of the Grantee and at the Grantee's sole
discretion are contrary to the purposes of this Conservation Restriction.
5
B. Reserved Rights and Exceptions to Otherwise Prohibited Activities and Uses.
Notwithstanding anything contained in Paragraph A, the Grantor reserves the right to
conduct or permit the following activities on the Premises provided that such uses and
activities do not materially impair the purposes of this Conservation Restriction.
1. Trails. Grantor shall have the right to add a trail for passive non-vehicular uses
that would help to connect the future parking area, shown as "Potential Parking
Area" on Academy Road Plan attached hereto as Exhibit F to the cemetery,
and/or connect the Premises to other trail networks, provided that the trails do not
have a negative effect on the values of this Conservation Restriction. Trails may
be constructed of dirt, stone dust, gravel or other natural and pervious material; in
no case may they be paved;
2. Si nape. The erection, maintenance and replacement of a minimal number of
signs with respect to (a) the location of boundary lines and trails, (b) permitted
and prohibited uses, and (c) interpretive, informational or other similar signs
designed to enhance public use;
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3. Recreational and Educational Uses. Hiking, wildlife observation and other
passive, non-motorized outdoor recreational and educational activities, including
activities designed to enhance the ecological or natural historical value of the
Premises, consistent with the purposes of this Conservation Restriction;
4. Invasive Species. The removal of non-native, invasive or nuisance species and the
control of species in a manner that minimizes damage to surrounding, non-target
species. For the purposes of this Conservation Restriction, the terms "non-native"
or "invasive species" shall be defined as a species that is non-native or alien to the
ecosystem under consideration, and which is likely to cause economic or
ecological harm or harm to human health, including those species on the
Massachusetts Prohibited Plant List;
5. t'arkin . Grantor reserves the right to construct a parking area on Lot 1B-B2
within the approximate location shown as "Proposed Future Parking Area" in
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1sxlYibit F, for use by the public, at Grantor's sole cost and expense. Grantor shall
be responsible for obtaining all necessary permits and constructing the parking lot
in a way which does not interfere with the purposes of this Conservation
Restriction;
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6. Mowin . Grantor shall have the-right but not the obligation to allow mowing,
haying and removing saplings during non-nesting season,beginning August 1s`
and running through April 30`x' each year, in order to maintain the existing open
meadows and fields of the Premises, as shown in the Baseline Documentation,
provided, however, that such operations are carried out in a manner consistent
with sound practices and state and municipal laws.
?. Vegetation Management - In accordance with generally accepted forest
management practices, removing of brush, selective de minimis pruning, cutting
or planting of trees, shrubs and other vegetation to prevent, control or remove
hazards, safety issues, disease, insect or fire damage, or to preserve the present
condition of the Premises, all as might be shown on the Plan or set forth in
the Baseline Documentation Report.;
8. Drainage Courses. Grantor shall have responsibility, at Grantor's sole cost and
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expense, for maintaining, operating, repairing, and replacing any and all drainage l
courses and or drainage easements on Lot A;
9. With the Grantee's written approval, other acts and uses that are consistent with
the purposes of this CR, do not materially impair the conservation values of the
Premises, and are not explicitly prohibited herein or in violation of any federal,
state or local law, statute,regulation, ordinance or code, are permissible;
The exercise of any right reserved by the Grantor or Grantee under this Paragraph
B shall be in compliance with the following: (a) then-current building, zoning,planning,
and conservation regulations, bylaws or ordinances applicable to the Premises, (b) any
special permits or variances pertaining to the Premises, (c) the Wetlands Protection Act
(Massachusetts General Laws Chapter 131, Section 40 and North Andover Wetland
Bylaw), (d) the Massachusetts Endangered Species Act (General Laws Chapter 131A),
and (e) all other then-applicable federal, state and local laws and regulations. The
inclusion of any reserved right in Paragraph B of Section II requiring a permit from a
public agency merely means that the Grantor or Grantee may have a right to request a
- 1
permit, and does not deprive the Grantor, Grantee or the Commonwealth of
Massachusetts taking a position on whether such permit should be issued.
C. Unspecified Activities and Uses are Prohibited. All acts and uses not
expressly permitted in Paragraph B of Section III are prohibited.
D. Notice to and Approval by the Grantee. Whenever notice to or approval by
the Grantee is required, the Grantor shall notify the Grantee in writing not less than sixty
(60) days prior to the date the Grantor intends to undertake the activity in question. The
notice shall describe the nature, scope, design, location, timetable and any other material
aspect of the proposed activity in sufficient detail to permit the Grantee to make an
infOrnned judgment as to its consistency with the purposes of this Conservation
Restriction. The purpose of requiring such notice is to afford the Grantee with an
adequate opportunity to ensure that the activities in question are designed and carried out
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in a manner that is consistent with the purposes of this Conservation Restriction and to
monitor their implementation. Where the Grantee's approval is required by the terms of
lhi�; Cuuscrvation Restriction, the Grantee shall grant or withhold its approval in writing
within sixty (60) days of receipt of the Grantor's written request therefore. Grantee's
approval may be withheld upon a determination by the Grantee at its sole discretion that
the action as proposed would be inconsistent with the purposes of this Conservation
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Restriction.
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IV. ACCESS.
A. Access by the Grantee. The Grantee shall have the same rights of the general
public as provided herein in Section IV.B to access the premises. In addition, the
Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the
right to enter the Premises upon reasonable notice and at reasonable times, for the
purpose of inspecting the Premises to determine compliance with or to enforce this
Conservation Restriction and preventing, abating or remedying any violations thereof.
The Grantee shall have the right, but not the obligation, at its sole expense (if not due to
8
the Grantor's actions or violations) to perform any act required to preserve, conserve or
promote the natural habitat of wildlife or plants located on the Premises. The Grantee
shall have the right to erect and from time to time replace, at appropriate locations near
the bcnindaries of the Premises, suitable signs identifying the Grantee as the holder of this
Conservation Restriction.
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B. Access by the Public. The Grantor and its successors and assigns shall permit
the general public to pass and re-pass by foot for purposes of quiet outdoor recreational
and educational activities, provided that: (a) any such activity shall be limited to daylight
hours only; (b) that all such activities shall be confined to the limits of established trails,
and shall not be permitted in the area of Lot I13-132 as shown as "No Construction
Easement" on the plan in Exhibit D; (c) dogs shall be leashed at all times; (d) no
motorized or mechanized vehicles of any kind shall be permitted except, where
appropriate, motorized or non-motorized wheelchairs for handicap accessibility; (e) no
discharge of firearms or trapping; (e) no dumping, waste disposal, or littering of any kind
be allowed; and (g) no activity of a commercial nature be allowed.
To the extent permitted by law, the Grantor and the Grantee hereby expressly
disclaim any duty to maintain the Premises or warn persons who may enter upon the
same. Pursuant to Massachusetts General Laws Chapter 21, s. 17c, neither the Grantor
nor the Grantee is liable to any member of the public for injuries to person or property
sustained by such person while on the Premises in the absence of willful, wanton, or
reckless conduct either by the Grantor or the Grantee.
V. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief. The rights hereby granted shall include the right
to enforce this Conservation Restriction by appropriate legal proceedings and to obtain
injunctive and other equitable relief against any violations, including, without limitation,
relief requiring restoration of the Premises to their condition prior to the time of the injury
complained of(it being agreed that the Grantee will have no adequate remedy at law) and
shall be in addition to, and not in limitation of, any other rights and remedies available to
the Grantee.
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B. Actions to Prevent or Remedy Violations. The Grantee shall have the right to
take appropriate actions to prevent, abate, or remedy violations of this Conservation
Restriction, including against third parties.
C. Reimbursement of Costs of Enforcement. The Grantor and the successors and
assigns of the Grantor covenant and agree to reimburse the Grantee for all reasonable
costs and expenses (including without limitation reasonable counsel fees) incurred in
enforcing this Conservation Restriction or in taking reasonable measures to remedy or
abate any violation thereof, provided that a violation of this Conservation Restriction is
acknowledged by the Grantor or determined by a court of competent jurisdiction to have
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occurred.
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D. The Grantee's Disclaimer of Liability. By its acceptance of this Conservation
Restriction, the Grantee does not undertake any liability or obligation relating to the
condition of the Premises not caused by Grantee or its agents, including but not limited
to. compliance with hazardous materials or other environmental laws and regulations.
E'. Non-Waiver by the Grantee. Enforcement of the terms of this Conservation
Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the
manner and timing of its right to enforce this Conservation Restriction or otherwise
exercise its rights hereunder shall not be deemed or construed to be a waiver of such
rights.
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F. Acts Beyond the Grantor's Control. Nothing contained in this Conservation
I
Restriction shall be construed to entitle the Grantee to bring any action against the
Grantor for any injury to or change in the Premises resulting from causes beyond the
Grantor's control, including but not limited to fire, flood, storm and earth movement, or
from any prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to the Premises resulting from such causes. If such an
even; �Iioiild occur. the parties agree to cooperate in restoration of the Premises, if
desirable and feasible.
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V1. SUBSEQUENT TRANSFERS
A. Reference to Conservation Restriction in Future Deeds. The Grantor agrees to
incorporate the terms of this Conservation Restriction by reference in any deed or other
legal instrument by which it divests itself of any interest in all or a portion of the
Premises, including without limitation, any leasehold interest or option. Failure to do
either shall not impair this Conservation Restriction or its enforceability in any way.
11. Required Notifications of Transfers. The Grantor shall notify the Grantee in
writing at least sixty (60) days before conveying the Premises, or any part thereof or
interest therein (including a leasehold interest or option). The Grantee shall notify the
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Grantor in writing at least sixty(60) days before it assigns this Conservation Restriction.
Any failure by the Grantor or the Grantee to provide notification as provided for herein
shall not invalidate or extinguish this Conservation Restriction or limit its enforceability
in anti, way.
VII. EXTINGUISHMENT. j
II
A. The Grantee's Receipt of Property and Development Rights. The Grantor and
the Grantee agree that the sale of this Conservation Restriction gives rise to a property
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right. immediately vested in the Grantee..
B. Termination only Judicial Proceeding. If circumstances arise in the future
such as render the purpose of this Conservation Restriction impossible to accomplish, this
Restriction can only be terminated or extinguished, whether in whole or in part, by
judicial proceedings in a court of competent jurisdiction under applicable law and after
review and approval by the Secretary of the Executive Office of Energy and
Environmental Affairs, and subject to the requirements of Article 97 of the Massachusetts
Constitution and the Community Preservation Act.
C. Cooperation Regarding Public Action. Whenever all or any part of the
Premises is terminated or extinguished, or any interest therein is taken by public authority
11
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or if all or an art of this Conservation Restriction is
under power of eminent domain, y p
otherwise extinguished by act of public authority then the Grantor and the Grantee shall
cooperate in recovering the full value of all direct and consequential damages resulting
from such action. All related expenses incurred by the Grantor and the Grantee shall first
be paid out of any recovered proceeds, and the remaining proceeds shall be distributed
between the Grantor and the Grantee, after complying with the requirements of the
Community Preservation Act. Any remaining proceeds shall be divided between Grantor
and Grantee in accordance with the then proportionate value of the interest extinguished.
D. Continuing Trust after Disposition of Conservation Restriction. The Grantor
,und Grantee shall use their share of any proceeds received in a manner consistent with
this Conservation Restriction, subject to the requirements of any gift, grant or funding
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source.
VIII. BINDING EFFECT; INTERPRETATION
A. Running of the Benefit. The benefits of this Conservation Restriction shall
run to the Grantee, shall be deemed to be in gross and the Grantee and its successors and
assigns shall have the right, with prior notice to the Grantor to assign its interests herein,
all or a portion of its right, title and interest hereunder to a "Qualified Organization" as
del fined in Section 170(h)(3) of the Internal Revenue Code provided that such assignee
shall also be an eligible donee of a conservation restriction as set forth in Chapter 184,
Section 32 of the General Laws of Massachusetts, and provided further that, as a
condition of such assignment, the assignee is required to hold this Conservation
Restriction and enforce its terms for conservation purposes, and that the provisions of
Article 97 of the Massachusetts Constitution are complied with, if applicable.
B. Running of the Burden. The burdens of this Conservation Restriction shall be
deemed to run with the Premises in perpetuity, shall be enforceable in perpetuity against
the Grantor, its successors or assigns, in title to the Premises, and any person holding any
interest therein, by the Grantee.
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C. Termination of Rights and Obligations. Notwithstanding anything to the
contrary contained herein, the rights and obligations under this Conservation Restriction j
of any party holding any interest in the Premises shall terminate upon transfer of that
p,trt.� interest in the Premises, except Im Liability for acts or omissions occurring prior
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to any transfer and liability for any transfer in violation of this Conservation Restriction
shall survive the transfer. Any new owner may be held responsible for violations existing
during their ownership.
D. Prior Encumbrances. This Conservation Restriction shall be in addition to and
not in substitution of any other restrictions or easements of record affecting the Premises,
vdilch include the following:
a. Restriction that the ditch on Lot A shall be kept open at all times as set
forth in Deed from Francis B. Kittredge to Caroline S. Rogers, Francis B.
Kittredge and John B. Osgood, as they are trustees of The Center Realty
Trust under Agreement and Declaration of Trust dated January 13, 1959,
said Deed dated March 25, 1959, recorded in Book 890, Page 349
(encumbers Lot A).
b. Order of Conditions, DQE File No. 242-334, issued by the North Andover
Conservation Commission, acknowledged January 29, 1986, recorded in
Book 2143, Page 9 (Encumbers Lot 1 B-B2).
C. Order of Conditions, DEQE File No. 242-490, issued by the North Andover
Conservation Commission, aclaiowledged March 29, 1989, recorded in
Book 3369, Page 318; as extended by Extension Permit, acknowledged
February 25, 1992, recorded in Book 3447, Page 29 (Encumbers Lot 1B-
B2).
d. Landscape easement as set forth in Deed from Robert Dale Stevens to The
North Parish of North Andover, Unitarian Universalist North Andover,
Massachusetts, F/K/A The North Parish of North Andover, and A/K/A The
North Parish Universalist Church of North Andover dated February 28,
2014, recorded in Book 13811, Page 175 (Encumbers Lot 1B-B2).
e. Use and View easement as set forth in Deed of Easements from Center
Realty Trust to Bradford B. Wakeman and Wendy D. Wakeman of 140
Academy Road, North Andover dated 2015, recorded in
Book Page (Encumbers Lot 1B-B2).
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f. Easement for fence as set forth in Encroachment Easement fromCenter
Realty Trust to _ of Academy
Road,North Andover, dated 2015, and recorded
in Book Page (Encumbers Lot D).
E. Pre-Existing Rights of the Public. The approval of this Conservation
Restriction by municipal officials and by the Secretary of Energy and Environmental
Affairs is not to be construed as representing the existence or nonexistence of any pre-
existin�l rights of the public, if any, in and to the Premises. Any pre-existing rights of the
public. if any, are not affected by the granting of this Conservation Restriction.
F, Execution of Instruments. The Grantee is authorized to record or file any
notices or instruments appropriate to assuring the perpetual enforceability of this
Conservation Restriction; and the Grantor on behalf of themselves and their successors
and assigns appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver
Sul> suCh instruments on their behalf. Without limiting the foregoing, the Grantor and
their successors and assigns agree themselves to execute any such instrument upon
request.
G. Effective Date. This Conservation Restriction shall be effective when the
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Grantor and the Grantee have executed it, the administrative Approvals required by
Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it
liar; bccn recorded in the appropriate Essex Registry of Deeds. The Grantee shall record
this instrument in a timely manner in the appropriate Essex Registry of Deeds.
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H. Controlling Law. The interpretation of this Conservation Restriction shall be
governed by the laws of the Commonwealth of Massachusetts.
I. Liberal Construction; Severability. Any general rule of construction to the
�untrar� llot\�'Ithstanding, this Conservation Restriction shall be liberally construed in
favor of the grant to effect its conservation purposes and the policies and purposes of
M.G.L. Chapter 184, Sections 31-33. If any provision of this instrument is found to be
ambiguous, an interpretation consistent with the purposes of this Conservation Restriction
that would render it valid shall be adopted over any interpretation that would render it
14
I
invalid. if any provision or condition of this Conservation Restriction or the application
thereof to any person or circumstance shall be declared invalid, the remainder of the
provisions of this Conservation Restriction shall not be affected thereby.
J. Entire Agreement. This instrument sets forth the entire agreement of the
parties regarding this Conservation Restriction and supersedes all prior discussions,
negotiations, understandings or agreements relating to this Conservation Restriction, all
of which are merged herein.
K. Non-Merger. The parties intend that any future acquisition of the Premises
shall not result in a merger of the Conservation Restriction into the fee. The Grantor
agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of
the Premises without having first assigned this Conservation Restriction to an eligible
non-fee owner ensure that merger does not occur, and that this Conservation Restriction
continues to be enforceable by a non-fee owner.
L. Notices. Any notice, demand, request, consent, approval, or other
communication that either party desires or is required to give pursuant to this
I
Conservation Restriction is deemed delivered upon receipt and shall be in writing and
delivered by hand, by facsimile or by first class mail and addressed as follows:
I
l'o Grantor: Trustees of Center Realty Trust
P.O. Box 876
North Andover, MA 01845
Phone: centerrealtytrust @verizon.net
With a copy to: Morris, Rossi & Hayes
32 Chestnut Street
Andover, MA 0 18 10
Phone: 978-475-1300
Fax: 978-474-0478
To Grantee: The Town of North Andover
Attn: Conservation Commission
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA 01845
Phone: 978-688-9530
15
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With a copy to: The Town of North Andover
Attn: Board of Selectmen
Town Hall, 120 Main St
North Andover, MA 01845
Phone: 978-688-9510
With a copy to: Urbelis & Fieldsteel
155 Federal Street,
Boston, MA 02110
Phone: 617-338-2200
Fax: 617-338-0122
Or to such other address as is reasonably ascertainable
V111, FSTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall within sixty (60) days execute and
deliver to the Grantor any document requested, including an estoppel certificate, which
certifies the Grantor's compliance with any obligation of the Grantor contained in this
Conservation Restriction, and which otherwise evidences the status of this Conservation
Restriction,
I
Attached hereto and incorporated herein are the following:
Signatures:
Grantor: Cnter Realty Trust
Grantee: Town of North Andover Conservation Commission
Acceptance and Approval: North Andover Board of Selectmen
Approval: Secretary of the Department of Energy and Environmental Affairs
Exhibits:
Exhibit A—Sketch Plan showing Premises and Old Center Historic District
Exhibit B —Deed and Plan for Lot A
Exhibit C —Deed and Plan for Lot C2 and D
Exhibit D—Deed and Plan for Lot 1B-B2
Exhibit E—Certified Town Meeting Vote
Exhibit F—Plan showing Potential Parking Area
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
16
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[Signature pages follow]
EXECUTED as an instrument under seal in multiple counterparts as of the day of
12015.
i
GRANTOR:
i
THE CENTER REALTY TRUST OF NORTH ANDOVER
a Massachusetts nonprofit 501 c2 corporation
By�------ - f
Charles A. Salisbury
Hereunto duly authorized
Benjamin C. Osgood
I-lereunto duly authorized
By: --- -
Donald R. Elliott
Hereunto duly authorized
i
COY111,11lONI41'EALTH OF AIIASSACHUSETTS
COUNTY OF ESSEX, ss.
On this day of 2015, before me, the undersigned notaiy public,
personally appeared Charles A. Salisbury as Trustee of the Center Realty Trust, of
North Andover a Massachusetts corporation„ proved to me through satisfactory
evidence of identifi cation, which was [my personal knowledge of said person or
driver's license], to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that she/he signed it voluntarily for its stated
purpose Trustee aforesaid.
Notary Public
My commission expires:
17
I
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ss.
On this day of 2014, before me, the undersigned notary
public, personally appeared Benjamin C. Osgood as Trustee of the Center Realty Trust of
North Andover, a Massachusetts corporation,proved to me through satisfactory evidence
of identification, which was [my personal knowledge of said person or driver's license],
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that she/he signed it voluntarily for its stated purpose as Trustee
aCorc,ai�l. �
Notary Public
My commission expires:
i
Vi 1,,'V'WFL 41,Ti I OF l.4SS.I CTTC'SI T7S
COUNTY OF ESSEX, ss
On this _day of , 2014, before me, the undersigned notary
public, personally appeared Donald R. Elliott as Trustee of the Center Realty Trust of
North Andover, a Massachusetts corporation, proved to me through satisfactory evidence
of identification, which was [my personal knowledge of said person or driver's license],
to be the person whose name is signed on the preceding or attached document, and
acl:riowicdged to me that he signed it voluntarily for its stated purpose as Trustee j
aforesaid.
I
Notary Public
My commission expires:
18
ACCEPTANCE AND APPROVAL OF THE GRANT
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen pursuant to
the provisions of M.G.L. Chapter 40, §8C, hereby certify that at a public meeting duly
held on , 2014, the Board voted to accept the foregoing Conservation
Restriction from The Center Realty Trust of North Andover and approve it in
accordance with M.G.L. Chapter 184, §32 .
I
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North Andover Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
ss. , 20_
On this day of 20__, before me, the undersigned notary
public. personally appeared the above named North Andover Board of Selectmen and
acknowledged the foregoing instrument to be his or her free act and deed..
Notary Public
My Commission Expires:
19
COMMONWEALTH OF MASSACHUSETTS
I
1
The undersigned Secretary of the Executive Office of Energy and Environmental
Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing
Conservation Restriction to the Town of North Andover has been approved in the public
interest pursuant to Massachusetts General Laws Chapter 184, Section 32.
I
Date:
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Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
ss. , 20
On this day of 20 , before me, the undersigned notary
public personally appeared , proved to me through satisfactory
evidence of identification, which consisted of , to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he/she signed it as an individual voluntarily for its stated purpose.
i
Notary Public
My Commission Expires:
21
Exhibit A: Sketch Showi ng Academy Road CR
' Parcels&Abject to CR
Existing Conservation Land - "�
r f. ..
Privatq protected with HPR -•- ; :Jr
�._._ Parson
,.�., cif .?:.'JrJ ; —•_._,
_ . , Barnard
_
Owned by Town, Historic Society, r'; House
Church or CRT y
r'f'f_fJ.fJ
,� rf•.frrfi'}:•r ' }r' y_., i
;�-�k rfrr}rr♦?:: - Kitt ridge Farm
(privately held)
1� rr:?+:i f:•'i.ifi
r- o
Lot C2 and D o [D❑ f 20 ��� Cemetery
,_ :7 •--- •�� it J
-•-.-.-. _ u_ _ CIS i J}• �r i'
Lo tA ,�
.�
i=-Q- 2► TTa JI1 Loring House
�...... ._
Privat._.e- -n-'D � (subject to
.� _,_,_ •i •�
H PR)
V. ..........
\Y D
. . ,.
' m TTOR �.,•'
TTO a Cemetery
d - \,
C
— �R9,vB— - y'
`'H . :rf iff:J!' 140Academy Rd
f
•' f.�f�fJJJf}JJr?+%
0 f{f ,,;,;;r.;.: (subject to His-
: f o f},':•'J f:',•.:!. � � .iJ:'JrJ. !f:�
n a .f+'i i fJ:'r:'r �� f'iffJJJJ is Preservation
:fJJJfr?::'Jir!'Jfr
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TTOR ANDOVER 5T•
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U. S. Fcdcnal R.evenue Stamps A49,Rsnehim-tts Deed Excise Stamps Boor
of North Andover, Essex County,Massachusetts,
being=warricd, for consideration paid, grant to CAROLINE S. ROGERS, FRANCIS 13- KITTREDGE
and JOHN-B'. OSGOOD, as they are TRUSTEES OF THE CENTER REALTY TRUST OF
elated '54hW23;
NORTH ANDOVERy under Agreement and Declaration of Trust
19511 and re orded with Essex North District Registry of Deeds in a
NO
tile land situate on the westerly side of Academy Road in said North gs Plan
Andover, being shown as Parcel IfAn on a plan to kst recorded hwvz;ii�r
said plan being entitled "Plan of Land in North Andove Mass. owned by
Francis B. Kittredge", dated September 17, 1958, by Aa4h B. Brasseur,
0. E., and said parcel being bounded and described as follows:
NORTHEASTERLY and EASTERLY by Academy Road, 452 feet;
SOUTHERLY by Lot "B" on said plan, 528.0 feet;
EASTERLY by a brook, 205-98 feet;
NORTHERLY by land now or formerly of Clark, 78,90.feet;
NORTHERLY again by the Old Burying Ground, 195.10 feet; and
EASTERLY- by the said Old Burying Grou nd, 186.43 feet.
Containing 2.69 acres, more or less, all as.shown on said plan.
Being -part of the premises conveyed to 'Joseph Kittredge by deed
of Thomas Kittredge et al, dated July 8, 1918 and recorded with Essex
North District Deeds in Book '388, Page 412. For my title see estate' of
the said Joseph Kittredge, Essex Probate No. 195918.
shown on said
It is agreed that the ditch on said premises, as
plan, is a natural waterway and shall be kept open at all times by the
grantees, their successors and assigns.
SubJect to the municipal real estate taxes for 1959 which the
grantees covenant to assume and agree to pay.
3�t�lfef said grantor,
1, Mary P. Kittredge
release to said grantee all rights of and other interests thercin.
dower and homcstcad
Then personally appeared the above narned Francis B. Kittredge
and acknowledged the foregoing instrument to be his . free act aud deed,Wore ime
My commissim cxph� 19
Essex,ss. Recorded Mar. 25, 1959 at 25m past 1P.M. #560
c�
a
•PJ_^e �'h
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Lrea= u9 Lcresi ti area •1.23 Qcresz n Q
VV /' .w (Lot'g"+o Le sold to
r / p 4lorace N Stevens
,Jr. `»
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only) yri
e
�acc°V`� ^per �Ob
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P�rP 9B' lu u"ut 1459 nt i%SS P•�11-
4; 4a Z1fFd�
/ (1lY�nt•.� �•
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/�q) P L{(sA\H n P L, D t���° y�/�) J/A�p/Aryy ab�ga(��aq
iocr�i .sr�oovC¢ N N`Y.d RTW A,W DO V C !d1 f q A .e✓a✓ y
OWNED sy
7 SC/aLC- 1=-a O SEPT. 1.7,195$ alph
averh�ll lass,.
i
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13904 Pa1253
I
QUITCLAIM DF) Q
I,Robert Ualc Stev
crls, ot'Nortlt Andover,Essex County, Massachusetts
for consideration p d the alrrount?f.One($1,00)Dollar
grant to Acadernly Road Norninee Trust,Robert Dole Stevens and Anne L. Stevexts,'Prustees to/d/t it
dated July 3, 2014,and recorded herewith,of 140 Aeaclemy Road, North Andover,IviA 018415
with Quitelairn Covenants
r
i
r
Parcel No. 1
A,certain parcel of land with the buildings#lierecn.situated in.North Andover Esse%
t` C(IL; gty,Massachusetts,shown as Lot 113 pn a plan cf laud entitled, `Plan of Land in North
f4, Andover,MA.showing proposed easements prcpared for Robert Stevens,"which plan is recorded
with the North Essex Registt ,of Deeds as plan No, 1 03)419,to which Plan reference is made for a
a
C3) more particular description of the said Lot 1.8.
Qt
According to said flan,Lot IB contains 124,323 square feet,2.8541 acres.
Said Lot 1H is conveyed together with the benefit ei'a Flo-Cut done over T otsT3 and 313, acrd a
W wide Utility Easement and.a 20°'wide Sanitary Sewer Easemenl over Lot 213, all as shown on
Q said Plan. See deed recorded in said Registry in Boole 12774,7741,Page 4t2 for a more particular
description of C►ie No-Cut Zone mid the Easements,
1 Excepting,however,that portion of said Lot I prev io-usly convc yed to The North Parish of
North Andover by deed recorded in the�Essea North I egistiy of l)eeds Book 13811 Page 175.
Bring the remainij.ig portion of Parcel 1 ;ti•oui decd recordr d ir1 said Regisuy in Book2073 Pogo
40.
Parcel No.I I
A certain parcel of vacant larzcl situated on the westerly side of Academy Road ill North
Andov,Or adjac:eltt to (he parcel describect above, being Jcnown as the loC" bcittp niorz
particularly described in dEed from John G. Whitman.,f;Necutor and"trustee to Mary F. Charles,
recorded with. said Deeds in Book 908,Page 24, as t'oltows;
i
I
-- -- - B]c 13 904 Pg12 6 #14162 --
Easterly: by Academy Road one hundred fifty feet;
Southerly: by registered land(now or formerly)of Ave9 Manufacturing Corporation
shown on Land Cowl Plan 107801. two hundred eighteen wid 2~/100:feet:
Westerly: by land f£ty feet; and
Northerly: by land(formerly)of glary F. Charles two hundred fourteen and f>/100
feet;
I
Containi�ag 32,400 squ$re feet;a110 by 3Il or any of said measurements o-contents more
or less, and however otherwise said premises may be bounded or described.
All of the above described premises are conveyed subject to and with the benefit of all
easements,rights mid restrictions of record insofar as the same are noyv in force and applicable.
For title see Deed recorded in Book 2073, Page 40.
WUNESS my hand and seat this 3`d day of July, 2014.
Robert Dafe Stevens, I
i
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS:
On this P day of July,2014, before me,the.undersigned notary public personally appeared
Robert Dale Stevens,proved to nee through satisfactory evidence of identification,which was 8
driver's license to be the person villose name is signed on the preceding;document and
acknovrledged to me that he signed it voluntarily for its stated purpose.
Xavr.
XWEVA.OAF"M
0 ,lli 3
9Jotaty�ub1E,
�rs+iNh of fllrisw�husefts
90 Commission aykc-s
A. 4 rey,Jr,,Notary.Public D , v
My Cornr.
Expires: 4/2S/19
BK 4729 PG
QUITCLAIM DBSD
1�6 ROBERT DALE STEVENS and SAMUEL, A.C. STEVENS, Trustees of 84
Academy Road Realty Trust, established under a Declaration of
Trust dated October 31, 1985, and recorded with the Essex County
Northern District Registry of Deeds in Book 2073, Page 31, of 81
Old Concord Road, Belmont, Massachusetts 02178 (the "Grantors") ,
for consideration, paid, of FIVE THOUSAND DOLLARS AND 00/100
($5,000.00) , hereby grant, with QUITCLAIM COVENANTS, to ROBERT D.
STEVENS, individually, of 140 Academy Road, North Andover,
Massachusetts 01845, the land situated on Academy Road in North CD
Andover, Essex County, Massachusetts, more particularly described
as follows:
Parcel C2 shown on a plan (the "Plan") entitled "Plan of
Land Located in North Andover, Massachusetts" dated December
12, 1996, prepared by Meridian Engineering, Inc. , duly
recorded with said Deeds on January 29, 1997 as Plan No.
12985 (the "Premises") .
Containing approximately 8,265 square feet of land, accordiou 197 AH10:43 j
the Plan. 7f
For Grantors' title see deed of Samuel Abbot Cordingley Stevens,
Amy Stevens Putnam, Robert Dale Stevens and State Street Bank and
Trust Company, dated October 31, 1985, recorded with said Deeds x
in Book 2073, Pages 36.
Executed as a sealed instrument this,2Sl' day of ontAr(! , 1997. ,�,
_J �
-`
t�
m
Robert Dale Seven , Trustee S3.
as aforesaid and not
individually
<U amuel A.C. Stevens, Trustee
as aforesaid and not
individually
!11197.1
{�!!L �r 6RRlAlJ
oaw MONAfiNA fwd
o fou,N4• oa)ID- Ab07
I
- ----- BK 4729 PG 30 ---
i
COMMONWEALTH OF MASSACHUSLTTS
- R brL"o.-n.{ z5 1997
Then personally appeared the above named Samuel A. C.
Stevens, as Trustee of the 84 Academy Road Realty Trust, and
acknowledged the foregoing instruxent to be his free act and
deed, as Trustee, before me.
'Notary Publ eraA
My Commission ires: l( zy Jo Z
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NDER THE SUBOINS/OJJ •L
MW NOT REOU/RED
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IVE.R PLANNING BOARD �a g y NWNN A ct rR
�Q�,� �� M• afro DO41 5611,PACE J76
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or sTm
4a AG(wRO, C15� I •S I' OGrANCD FRW A PARTGL frrLO SU Y cOYWCJLD Bf7MCh
LOT A X11 16 1\� e IS,T99a MD YAY 17.1995 DY A"vAN[AIIYCCRHr,eVG
\� x LOT A •'T aJ 2 THC LOWS PAnaS ARC LOC.l7f0 N Ir>\£RJ fkr=INX J)
IYJw OP l4tlrf/:Y
G� /1{$y AREA=488,230tSF. [ralAR L. r d I 11C LO=UPr�s TC PI Tra AitarS.2e u .>W
•\t�,IyD I (i 1.21t Ac.) / J NAURCav 11 CAV,WAUrN
D TL.' \ a ry DUO DOOK 1174 PAX 366 J, 7NLs PLATT Does mr Show ANY tJMfrcowcD«r mmTrICN f
TH ANDYILfIK PLMN/NC UORRD NTLYI/NAY CAST,A RCASaTABLC Ar «LfRNT AT7CNPl IGS
A LVARANIfE/K COMPUA_ r'J OSSMIC ANY APPAftWE 1T5T&C USCS Or THC LAND,
'E IR'JINC OY-LAW xx , NOr Ca S7fTUlr A aJA Mlfr DIAT NO SLTH fAUvrn S CA.
]]�O N ji•' v' a a� - S RCCOSO OMDRS
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NOW(N Fp]ufRLY 4 \ 1 1 6�•tl� •�•�\ HOw OR rani eRLY D.G SnOIV MAX of ACAOCLY ROAD Rrx TY TRVST ROWTT OALC SICK
RROCALC[ 6t' p r—AM a A ROXW DA r Srrwt l d P,4 DOZ 116
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yaat�•`• n 8 $e. vxeoxr.faa �' NI LuY 9a Ltlr 71 T NMDt ANDOKR MA
]pGJO' Y� �� O AC.I CUYaOAD NOW OR fORVfRLY rk[Srnc wATlR CA1C
y fYJKL nA 'ti} OOt*G I[@R[CN .9 Dfr rl&AT L'\-/`->�/ 7RCr LNC .4 PARC[L CI TO Elf CORBaYO NtIN LOT D 70 fMM arL CONRD
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rrACS ^' p REFERENCES,.
TSr {'t+,- al t tS Cr L ADT.61' / RGO(R!DA'.r SJC1£NS
Hlls I'OS7S 9faVr,oL[K 7 ON fTN AT O[CD B(kX 70]5,PACC+0
At;]711(lYrJ 1' fRCYCRIYW '�I� �1='6•w'- 2NWcn%A {
of S1M£WALL
i' LOT CI 5A Ur.SCT •� as-Dro -LOOOS OCLD BOOK 2074 PAW J6
ARBA�.[O,fB9tS.F.�p V'A w/sURKY GP UT61rr,Pal MDI ' "Wr Atws J -LOCUS DCO)Dtit=J PAW 46
uT a M, C[rcr� Me FRO/P«f 'AD AT f4.S -LOWS OCCD 6"b74 FAX JI-
o�•AG WrD C="v..LocAno,Or' ,�ti a'N•AU _
a°i I�N S b •3/H'tR srr LRJODtGoLIr UIRfiY 5 L•NN70NH, \\ -DLYD OOCK]]10.FAX
JI5
i w 13� 3/.ge-nf.R.SCT ° i %2+PKr Gw \r�82 N,Dr PAR/ ,\ -O�0 BOOK JA9+SSPPA0.^JM
{�'i w•......1N C ri, 4S AC t Ta CLCILRY -OECD DLY,W.2:07,PACf 270
L G2 43'AG]IJ:O' @ o- \yl ra\yt� 567.V'19•w .
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OEM fW BOOK 157A PALM'21
�..•. 1v a OCED BOOK 1574 PAW r-
LAND C«AIT 0.fA 9377
__ -PLAN OOM 14 PA6C]Il
2 I x.ar�.-:,' 3 CRAPHIC SCALE -vw�No 675r
'6 1':f � ,� Sg010•!6•W VA)a'SrDNC IN, -PLAN Na 073•
V. ....SgA�a3•w• - 111.3] --4Y!NO AT
J/+•[P.I -- 1'^J•RA[�LR �' C SCALE:/-HBO• -gAfJ Ab.399•
PI FAq./LUSTf 1 TND n7 AG g'siOaKw
w .Lv. fCA'r( FEET -vLAN or
LOT
uND d•[avA•c fsur_NoarH
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BO 0 a0 BO BO 530 NJODKH,A(M1S;-DAIf01YNARi 10+9.
_4 RBA � AREA.•82,492.fS.F. 8` rND•ausx PRrvARm ar wAfafs c.GTR and rrrrATrrsR
.. (SES N07s I ^� - * A'Ow ar ftacurar AIETERS o �o •D Bo 160 •D'XL'YCNis RCCMDCD AT DJC fsSCX HGPDV
SSS Nore tr8) ,o �' «ORAL D,P17ar R=W N rr Dccos
8 1£Na: OTC ^VJRANr7'CORP.
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Ty'tiv[Y aKCaTY F.d 4 FAD IRO'A
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DIMFNgONA R A7TON4 PLAN OF LAN
LOCATED IN
t.P..L.t� "'�Lrrodaarua/T o^7LMy AAV ,A z«wreDarRr1:aJ NORTH ANDOVER, MASSAt
S watAPxa Dr mr[GC:aaASr.,r,
r/, y arruwr Jvc d� w3tcr.�rAry atuD /Darr.u'[eAx (ESSEX COUNTY)
t�Y-Jt•1� 6 /2451 3'RdST1Ra'rTACCT]3'YH
rHarr MALL 'A PREPARED FOR
1 DCCLARf,TD 171E UCSr CM'NY PROlf3THAT �•��� [Ell
ROB ft 5o''TO•Lmv. 84 ACADEMY ROAD REALTY T
LiICNCR Of KNDRLEGOE;N]AiN.iTia1;M'a GEUfF,THAT tot Nm1N.•30•NHL ROBERT DALE STBYEN.
sr ME wALI T!@S PLAIJ m s PRC°AlXC:fJ ACQ:WAwCC SCALE: 1`=80' DATE:DEC
.lO:�J Q jt rt �' o Grf�) NT7ff rNE RULES uU NfcUtA DAYS OF T/I[
5� Rfa5TIR5 QY Dr£DS.
MERID
b ® ENGIL�'!RIN
ra't NrR1Dr aH Nc,NG a.[rE REVISIONS i, ® sa ur>„•�R
)J/I'IR/NO 111
QJ'AG(NLLDJ mff 7 ]SgsLWH ja/9C SHEEP No. 1 OF I PROJEC
faM+l PcR1 N0. DAT[ OfSCHIPTIOH 0Y _r, �I
µOR7r1
Of tt�sc .e 1N !.
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TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
,byte A. Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail .ibrac ishaw(a),townofnorthandover.com
This is to certify that the following vote was talcen on Article 24 at the Dissolved Annual
Town Meeting for the Town of North Andover held May 20,2014:
Article 24: Report of the Community Preservation Committee — Appropriation From
Community Preservation Committee Fund. Unanimous vote to receive the report of the
Community Preservation Committee and to raise, transfer and/or appropriate .from the
Community Preservation Fund in accordance with the.provisions of Massachusetts General
Laws, Chapter 44B, a_ sum of money to be spent under the direction of the Community
Preservation Committee as. shown in the List.of Approved Projects in Article 24; and, with
regard to the appropriation of the $570;000 for the Old Center Preservation Project, to authorize
an expenditure not to exceed $570,000 for the purchase of a conservation restriction or other
interest from Center Realty Trust or its nominee, in three parcels of land, shown as Lot 1, Lot 2
and Lot 3 on the Plan, of Land submitted to the Community Preservation.Committee, which
three parcels of land are a portion of the parcels of land described in deeds recorded with North
Essex Registry of Deeds in Book 2073, Page 40 and Book .890;. Page 349, and which are a
portion of the parcels known as Assessor's Map 59, Parcel 1, Assessor's Map 96, Parcel 26, and
Assessor's Map 96, Parcel 33, and expenses incidental and related thereto for purposes of the
purchase of a conservation.restriction or other interest, and that the Town Manager be authorized
to file on behalf of the Town any applications for funds in any way connected with the scope of
the acquisition of said conservation restriction, that 'the. Board of Selectmen be authorized to
determine: the final purchase price of the restriction and any other interests which may be
acquired for the purposes stated herein, and that the Town Manager and the Board.of Selectmen
be authorized to enter into all agreements and execute all instruments, including but not limited
to grant agreements, easements and conservation restrictions in accordance with Massachusetts
General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the
Town and as may be necessary on behalf of the Town of North Andover to affect the purchase of
said conservation restriction; and, with regard to the other appropriations,listed in said Article
24, that the Town Manager and Board of Selectmen be authorized to enter into all agreements
and execute all instruments, including but not limited to deeds, easements, and restrictions in
accordance. with Massachusetts General Laws Chapter 184, on.terms and conditions as they
deem to be in the best interest of the Town, to carry out the purposes of M.G.L, Chapter 44B,
i
List of Approved Projects—Community Preservation Fund
Description Amount Category
McEvoy Field—Phase 2 $ 290,000 Open Space - Recreation
Stevens Estate—Stained Glass
Window Refurbishment $ 25,120 Historical Preservation
Multi-Use Trail Phase 1 $ 176,000 Open Space -Recreation
Sargent School Playground $ 92,260 Open Space - Recreation
Old.Center Preservation Project $ 570,000 Open Space/
Historical Preservation
Nan's Trail $ 68,435 Open Space
Reserve for Affordable.Housing $ 196;600. Affordable Housing
Administrative Costs $ 30,000 Administrative and
Operating Expenses
I
Total for Approved Projects $1,448,415
Community Preservation Committee
VOTED MAY 20, 2014
II
i
Ar rue.Cupy
Town Clerk
!(�, ��;�"..,,1•` � t n'B�012 ` �j.w aaB��AwB
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LOT 18-81
94065 S.F.
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Grantor: The Center Realty Trust of North Andover
Grantee: Town of North Andover
Address of Premises: Academy Road,North Andover
For title see: Essex North District Registry of Deeds Book 890, Page 349, Book
Page , and Book , Page
i
CONSERVATION RESTRICTION
To
THE TOWN OF NORTH ANDOVER
i
I. GRANTOR CLAUSE
Charles A. Salisbury, Benjamin C. Osgood and Donald R. Elliott, as Trustees of
THE CENTER REALTY TRUST OF NORTH ANDOVER a Massachusetts
ononprofit 501-c-2 corporation, with an address of P.O. Box 876,North Andover,
Massachusetts 01845, being the sole owner, for its successors and assigns (herein after
"Grantor"), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the
Massachusetts General Laws, hereby grant, with quitclaim covenants, to the TOWN OF
oNORTH ANDOVER, a municipality organized under the laws of the Commonwealth of
Massachusetts with its usual place of business located at 120 Main Street,North
Andover, Massachusetts 01845, acting by and through its Conservation Commission,
acting by authority of MGL c40 Sec 8C its permitted successors and assigns (hereinafter
"Grantee"), for consideration paid of Five Hundred Seventy Thousand ($570,000.00)
oDollars, in perpetuity and exclusively for Conservation Purposes, the following
Conservation Restriction on three parcels of land on Academy Road, identified herein as
Lot A,Lot C2 and D and Lot 1 B-B2, containing in total approximately 4.25 acres, and
located in the Town of North Andover, Essex County, Massachusetts (hereinafter referred
to as the "Premises"), all as described as the following and as shown on"Sketch Showing
Academy Road CR", attached hereto as Exhibit A:
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1. Lot A: A parcel of land at 1 Academy Road, shown as Parcel A on a Plan of
Land recorded at the North Essex Registry of Deeds as Plan No. 3774,
attached hereto as Exhibit B " Plan Showing Lot A". For title to the property
see Deed recorded at Book 890, Page 349.
2. Lot C2 and D: Two parcels of land on the west side of Academy Road shown
as Lot C2 and Lot D. Lot C2 consists of 8,265 square feet and is shown on a
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Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985, and attached hereto as Exhibit C "Plan Showing Lot C2 and D".
For title see Deed recorded at Essex North District Registry of Deeds at Book
Page Lot D consists of 32,432 square feet and is shown on
a Plan of Land recorded at the Essex North District Registry of Deeds as Plan
No.: 12985. For title see Deed recorded at Essex North District Registry of
Deeds at Book , Page
3. Lot 113-132: A parcel of land on Academy Road, and formerly part of 140
Academy Road, containing approximately 27,359 square feet of land and
shown as Lot 1 B-132 and shown on a Plan of Land recorded with Essex North
District Registry of Deeds as Plan No.: 17151 attached hereto as Exhibit D "
Plan Showing Lot 1B-B2" . For title see Deed recorded at Essex North
District Registry of Deeds at Book , Page
II. PURPOSES
This Conservation Restriction is defined in and authorized by Sections 31-33 of
Chapter 184 of the Massachusetts General Laws and otherwise by law. It's purpose is to
assure that the Premises will be retained in its current natural, scenic, undeveloped
condition in perpetuity for Conservation Purposes and to prevent any use of the Premises
that will significantly impair or interfere with its conservation values. The granting and
acceptance of this Conservation Restriction is in accordance with the Town Meeting vote
on May 20, 2014 to expend Massachusetts General Laws Chapter 4B Community
Preservation Act funds to acquire a Conservation Restriction on the Premises. Certified
copies of the Town Meeting vote are attached hereto as Exhibit E. The protected
conservation values and the public benefits resulting from the protection of the Premises
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in the manner provided in this Conservation Restriction include the following, without
limitation:
A. Preservation of Scenic Views and Vistas. The fields and woodlands on the
Premises offer broad scenic views to the passing public and are integral to the
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surrounding landscape. This Conservation Restriction protects these vistas and
helps ensure the integrity of the Academy Road landscapes; and
B. Protection of Historic Landscape. The Premises are an integral part of the
North Andover Old Center Historic District, an area of homes, a church, and other
historic properties most of which are listed on the National and State Historic
Register. This Conservation Restriction insures that a major portion of the
Historic District fabric will remain intact.
C. Protection of Ecological, Educational and Recreational Values. The Premises
provide significant ecological, habitat, outdoor educational, and recreational
values in its undeveloped state as a natural area that has not been subjected to
development, and with its proximity to contiguous permanently protected land.
This Conservation Restriction protects the undeveloped nature of the Premises
preserving these benefits in perpetuity.
C. Furtherance of Government Policy. Protection of the Premises furthers the
Town of North Andover's 2010 Open Space and Recreation Plan, including
fulfilling recommendations to Preserve Historic Landscapes and Other Historic
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Resources and to Protect Scenic Hilltops, Landscapes, and Farmland.
Therefore, in order to preserve the Premises in perpetuity in its present natural,
scenic, and open condition,the Grantor conveys to the Grantee a perpetual Conservation
Restriction within the meaning of Chapter 184, Section 31 et. se q. of the General Laws of
Massachusetts, as amended. In order to describe the present condition of the Premises the
Grantor and the Grantee agree that all man-made structures, boundaries, and natural
features existing on the Premises at the time of execution of this Conservation
Restriction, shall be documented in a report to be kept on file in the offices of the Grantor
and the Grantee (hereinafter 'Baseline Documentation Report"). This Baseline
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Documentation report shall consist of documentation that the Grantor and the Grantee
collectively agree provides an accurate representation of the condition of the Premises at
the time this Conservation Restriction is recorded and which is intended to serve as an
objective information baseline for monitoring compliance with the terms of this
Conservation Restriction. In the event the Baseline Documentation Report is unavailable
to establish the current condition of the Premises, or any issue that arises is not covered or
not adequately covered in the CR, the Grantor and Grantee reserve the right to establish
its current conditions by other means.
III. PROHIBITED AND PERMITTED ACTIVITIES AND USES
The terms of this Conservation Restriction are as follows:
A. Prohibited Activities and Uses. Except as otherwise herein provided, the Grantor
shall neither perform nor permit others to perform any of the following acts or uses,
which are prohibited, on, above, and below the Premises:
1. Constructing, placing or allowing to remain any temporary or permanent building,
structure, facility or improvement, including but not limited to buildings,tennis
courts, landing strips or pads, mobile homes, swimming pools, asphalt or concrete
pavement, septic systems, roads, signs, fences, billboards or other advertising
display, utilities, conduits,poles, antennas (including satellite dishes and cell
towers),towers, monopoles, docks, wharfs, or other temporary or permanent
structures, facilities, or improvements of any kind on, above or under the ground;
2. Dumping,placing, filling or storing on the Premises of soil, grass clippings,
compost,yard debris or other substances, or dumping or placing of vehicle bodies
or parts,junk, trash, refuse, solid or chemical waste, unsightly or offensive or any
other materials whatsoever, or the installation of underground storage tanks;
3. Cutting, removing, or otherwise destroying trees, grasses, shrubs or other
vegetation;
4. Mining, excavating, dredging or removing from the Premises of loam, peat, sand,
gravel, soil, rock or other mineral resource or natural;
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5. Any industrial, institutional or commercial use;
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6. Any use of the Premises for more than de minimis commercial recreational
activities, as defined in I.R.C. Section 203 1(c)(8)(B) and regulations promulgated
thereunder or any successor statute or regulation; j
7. Use, parking, or storage of motorized or mechanized vehicles of any nature or
kind, including but not limited to cars,trucks, motorcycles, trail and mountain
bikes, all-terrain vehicles and snowmobiles on the Premises, and the use, landing,
or storage of aircraft, helicopters, or similar machines or devices, all except as
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may be necessary by police, firemen or other governmental agents in carrying out
their lawful duties, and except for, where appropriate, motorized or non-motorized
wheelchairs for handicap accessibility;
8. Activities detrimental to drinking water protection, wildlife habitat, drainage,
flood control, water or soil conservation, scenic qualities, archaeological j
conservation, or erosion control; j
9. The use of the Premises for (a)transferring development rights to any property,
whether or not the receiving land is adjacent to the Premises; and (b) calculating
permissible lot yield of this or any other land;
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10. Conveyance of a part or portion of the Premises alone or division or subdivision
of the Premises (as compared to conveyance of the Premises in its entirety, which
shall be permitted)without the prior written consent of Grantee;
11. Any other use of the Premises or activity that would impair the conservation
values unless such use or activity is necessary in an emergency in the opinion of
the Grantee and at the Grantee's sole discretion for the protection of the
conservation values that are subject to this Conservation Restriction;
12. Any acts or uses which in the opinion of the Grantee and at the Grantee's sole
discretion are contrary to the purposes of this Conservation Restriction.
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B. Reserved Rights and Exceptions to Otherwise Prohibited Activities and Uses.
Notwithstanding anything contained in Paragraph A, the Grantor reserves the right to
conduct or permit the following activities on the Premises provided that such uses and
activities do not materially impair the purposes of this Conservation Restriction.
1. Trails. Grantor shall have the right to add a trail for passive non-vehicular uses
that would help to connect the future parking area, shown as "Potential Parking
Area" on Academy Road Plan attached hereto as Exhibit F to the cemetery,
and/or connect the Premises to other trail networks, provided that the trails do not
have a negative effect on the values of this Conservation Restriction. Trails may
be constructed of dirt, stone dust, gravel or other natural and pervious material; in
no case may they be paved;
2. Si_gnage. The erection, maintenance and replacement of a minimal number of
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signs with respect to (a)the location of boundary lines and trails, (b) permitted
and prohibited uses, and (c)interpretive, informational or other similar signs
designed to enhance public use;
3. Recreational and Educational Uses. Hiking, wildlife observation and other
passive, non-motorized outdoor recreational and educational activities, including
activities designed to enhance the ecological or natural historical value of the
Premises, consistent with the purposes of this Conservation Restriction;
4. Invasive Species. The removal of non-native, invasive or nuisance species and the �
control of species in a manner that minimizes damage to surrounding, non-target
species. For the purposes of this Conservation Restriction,the terms "non-native"
or"invasive species" shall be defined as a species that is non-native or alien to the
ecosystem under consideration, and which is likely to cause economic or
ecological harm or harm to human health, including those species on the
Massachusetts Prohibited Plant List;
5. Parking. Grantor reserves the right to construct a parking area on Lot 113-132
within the approximate location shown as "Proposed Future Parking Area" in
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it
Exhibit F, for use by the public, at Grantor's sole cost and expense. Grantor shall
be responsible for obtaining all necessary permits and constructing the parking lot
in a way which does not interfere with the purposes of this Conservation
Restriction;
6. Mowing. Grantor shall have the_right but not the obligation to allow mowing,
haying and removing saplings during non-nesting season, beginning August 1St
and running through April 30th each year, in order to maintain the existing open
meadows and fields of the Premises, as shown in the Baseline Documentation,
provided, however,that such operations are carried out in a manner consistent
with sound practices and state and municipal laws.
7. Vegetation Management- In accordance with generally accepted forest
management practices, removing of brush, selective de minimis pruning, cutting
or planting of trees, shrubs and other vegetation to prevent, control or remove
hazards, safety issues, disease, insect or fire damage, or to preserve the present
condition of the Premises, all as might be shown on the Plan or set forth in
the Baseline Documentation Report.;
8. Drainage Courses. Grantor shall have responsibility, at Grantor's sole cost and
expense, for maintaining, operating, repairing, and replacing any and all drainage
courses and or drainage easements on Lot A; j
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9. With the Grantee's written approval, other acts and uses that are consistent with
the purposes of this CR, do not materially impair the conservation values of the
Premises, and are not explicitly prohibited herein or in violation of any federal,
state or local law, statute, regulation, ordinance or code, are permissible.
The exercise of any right reserved by the Grantor or Grantee under this Paragraph
B shall be in compliance with the following: (a)then-current building, zoning,planning,
and conservation regulations, bylaws or ordinances applicable to the Premises, (b) any
special permits or variances pertaining to the Premises, (c)the Wetlands Protection Act
(Massachusetts General Laws Chapter 131, Section 40 and North Andover Wetland
Bylaw), (d)the Massachusetts Endangered Species Act(General Laws Chapter 131A),
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and(e) all other then-applicable federal, state and local laws and regulations. The
inclusion of any reserved right in Paragraph B of Section II requiring a permit from a
public agency merely means that the Grantor or Grantee may have a right to request a
permit, and does not deprive the Grantor, Grantee or the Commonwealth of
Massachusetts taking a position on whether such permit should be issued.
C. Unspecified Activities and Uses are Prohibited. All acts and uses not
expressly permitted in Paragraph B of Section III are prohibited.
D. Notice to and Approval by the Grantee. Whenever notice to or approval by
the Grantee is required,the Grantor shall notify the Grantee in writing not less than sixty
(60) days prior to the date the Grantor intends to undertake the activity in question. The
notice shall describe the nature, scope, design, location,timetable and any other material
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aspect of the proposed activity in sufficient detail to permit the Grantee to make an j
informed judgment as to its consistency with the purposes of this Conservation
Restriction. The purpose of requiring such notice is to afford the Grantee with an
adequate opportunity to ensure that the activities in question are designed and carried out
in a manner that is consistent with the purposes of this Conservation Restriction and to
monitor their implementation. Where the Grantee's approval is required by the terms of
this Conservation Restriction, the Grantee shall grant or withhold its approval in writing
within sixty(60) days of receipt of the Grantor's written request therefore. Grantee's
approval may be withheld upon a determination by the Grantee at its sole discretion that
the action as proposed would be inconsistent with the purposes of this Conservation
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Restriction.
IV. ACCESS.
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A. Access by the Grantee. The Grantee shall have the same rights of the general
public as provided herein in Section IV.B to access the premises. In addition, the
Grantor hereby grants to the Grantee, or its duly authorized agents or representatives,the
right to enter the Premises upon reasonable notice and at reasonable times, for the
purpose of inspecting the Premises to determine compliance with or to enforce this
Conservation Restriction and preventing, abating or remedying any violations thereof.
The Grantee shall have the right, but not the obligation, at its sole expense (if not due to
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the Grantor's actions or violations)to perform any act required to preserve, conserve or
promote the natural habitat of wildlife or plants located on the Premises. The Grantee
shall have the right to erect and from time to time replace, at appropriate locations near
the boundaries of the Premises, suitable signs identifying the Grantee as the holder of this
Conservation Restriction.
B. Access by the Public. The Grantor and its successors and assigns shall permit
the general public to pass and re-pass by foot for purposes of quiet outdoor recreational
and educational activities, provided that: (a) any such activity shall be limited to daylight
hours only; (b)that all such activities shall be confined to the limits of established trails,
and shall not be permitted in the area of Lot 1B-B2 as shown as "No Construction
Easement" on the plan in Exhibit D; (c) dogs shall be leashed at all times; (d) no
motorized or mechanized vehicles of any kind shall be permitted except, where
appropriate, motorized or non-motorized wheelchairs for handicap accessibility; (e) no
discharge of firearms or trapping; (e) no dumping,waste disposal, or littering of any kind
be allowed; and(g)no activity of a commercial nature be allowed.
To the extent permitted by law, the Grantor and the Grantee hereby expressly
disclaim any duty to maintain the Premises or warn persons who may enter upon the
same. Pursuant to Massachusetts General Laws Chapter 21, s. 17c, neither the Grantor
nor the Grantee is liable to any member of the public for injuries to person or property
sustained by such person while on the Premises in the absence of willful, wanton, or
reckless conduct either by the Grantor or the Grantee.
V. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE
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A. Legal and Injunctive Relief. The rights hereby granted shall include the right
to enforce this Conservation Restriction by appropriate legal proceedings and to obtain
injunctive and other equitable relief against any violations, including, without limitation,
relief requiring restoration of the Premises to their condition prior to the time of the injury
complained of(it being agreed that the Grantee will have no adequate remedy at law) and
shall be in addition to, and not in limitation of, any other rights and remedies available to
the Grantee.
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B. Actions to Prevent or Remedy Violations. The Grantee shall have the right to
take appropriate actions to prevent, abate, or remedy violations of this Conservation
Restriction, including against third parties.
C. Reimbursement of Costs of Enforcement. The Grantor and the successors and
assigns of the Grantor covenant and agree to reimburse the Grantee for all reasonable
costs and expenses (including without limitation reasonable counsel fees) incurred in
enforcing this Conservation Restriction or in taking reasonable measures to remedy or
abate any violation thereof, provided that a violation of this Conservation Restriction is
acknowledged by the Grantor or determined by a court of competent jurisdiction to have
occurred.
D. The Grantee's Disclaimer of Liability. By its acceptance of this Conservation
Restriction,the Grantee does not undertake any liability or obligation relating to the
condition of the Premises not caused by Grantee or its agents, including but not limited
to, compliance with hazardous materials or other environmental laws and regulations.
E. Non-Waiver by the Grantee. Enforcement of the terms of this Conservation
Restriction shall be at the discretion of the Grantee. Any election by the Grantee as to the
manner and timing of its right to enforce this Conservation Restriction or otherwise
exercise its rights hereunder shall not be deemed or construed to be a waiver of such
rights.
F. Acts Beyond the Grantor's Control. Nothing contained in this Conservation
Restriction shall be construed to entitle the Grantee to bring any action against the
Grantor for any injury to or change in the Premises resulting from causes beyond the
Grantor's control, including but not limited to fire, flood, storm and earth movement, or
from any prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to the Premises resulting from such causes. If such an
event should occur,the parties agree to cooperate in restoration of the Premises, if
desirable and feasible.
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VI. SUBSEQUENT TRANSFERS
A. Reference to Conservation Restriction in Future Deeds. The Grantor agrees to
incorporate the terms of this Conservation Restriction by reference in any deed or other
legal instrument by which it divests itself of any interest in all or a portion of the
Premises, including without limitation, any leasehold interest or option. Failure to do
either shall not impair this Conservation Restriction or its enforceability in any way.
B. Required Notifications of Transfers. The Grantor shall notify the Grantee in
writing at least sixty(60) days before conveying the Premises, or any part thereof or
interest therein (including a leasehold interest or option). The Grantee shall notify the
Grantor in writing at least sixty(60) days before it assigns this Conservation Restriction.
Any failure by the Grantor or the Grantee to provide notification as provided for herein
shall not invalidate or extinguish this Conservation Restriction or limit its enforceability
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in any way.
VII.EXTINGUISHMENT.
A. The Grantee's Receipt of Property and Development Rights. The Grantor and
the Grantee agree that the sale of this Conservation Restriction gives rise to a property
right, immediately vested in the Grantee.
B. Termination only by Judicial Proceeding. If circumstances arise in the future
such as render the purpose of this Conservation Restriction impossible to accomplish, this
Restriction can only be terminated or extinguished, whether in whole or in part, by
judicial proceedings in a court of competent jurisdiction under applicable law and after
review and approval by the Secretary of the Executive Office of Energy and
Environmental Affairs and ubject to the requirements of Article 97 of the Massachusetts
J q
Constitution and the Community Preservation Act.
C. Cooperation Regarding Public Action. Whenever all or any part of the
Premises is terminated or extinguished, or any interest therein is taken by public authority
11
under power of eminent domain, or if all or any part of this Conservation Restriction is
otherwise extinguished by act of public authority then the Grantor and the Grantee shall
cooperate in recovering the full value of all direct and consequential damages resulting
from such action. All related expenses incurred by the Grantor and the Grantee shall first
be paid out of any recovered proceeds, and the remaining proceeds shall be distributed
between the Grantor and the Grantee, after complying with the requirements of the
Community Preservation Act. Any remaining proceeds shall be divided between Grantor
and Grantee in accordance with the then proportionate value of the interest extinguished.
D. Continuing Trust after Disposition of Conservation Restriction. The Grantor
and Grantee shall use their share of any proceeds received in a manner consistent with
this Conservation Restriction, subject to the requirements of any gift, grant or funding
source. j
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VIII.BINDING EFFECT; INTERPRETATION
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A. Running of the Benefit. The benefits of this Conservation Restriction shall
run to the Grantee, shall be deemed to be in gross and the Grantee and its successors and
assigns shall have the right,with prior notice to the Grantor to assign its interests herein,
all or a portion of its right, title and interest hereunder to a "Qualified Organization" as
defined in Section 170(h)(3) of the Internal Revenue Code provided that such assignee
shall also be an eligible donee of a conservation restriction as set forth in Chapter 184,
Section 32 of the General Laws of Massachusetts, and provided further that, as a
condition of such assignment, the assignee is required to hold this Conservation
Restriction and enforce its terms for conservation purposes, and that the provisions of
Article 97 of the Massachusetts Constitution are complied with, if applicable.
B. Running of the Burden. The burdens of this Conservation Restriction shall be
deemed to run with the Premises in perpetuity, shall be enforceable in perpetuity against
the Grantor, its successors or assigns, in title to the Premises, and any person holding any
interest therein,by the Grantee.
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C. Termination of Rights and Obligations. Notwithstanding anything to the
contrary contained herein, the rights and obligations under this Conservation Restriction
of any parry holding any interest in the Premises shall terminate upon transfer of that
party's interest in the Premises, except for Liability for acts or omissions occurring prior
to any transfer and liability for any transfer in violation of this Conservation Restriction
shall survive the transfer. Any new owner may be held responsible for violations existing
during their ownership.
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D. Prior Encumbrances. This Conservation Restriction shall be in addition to and
not in substitution of any other restrictions or easements of record affecting the Premises,
which include the following:
a. Restriction that the ditch on Lot A shall be kept open at all times as set
forth in Deed from Francis B. Kittredge to Caroline S. Rogers, Francis B.
Kittredge and John B. Osgood, as they are trustees of The Center Realty
Trust under Agreement and Declaration of Trust dated January 13, 1959,
said Deed dated March 25, 1959, recorded in Book 890, Page 349
(encumbers Lot A).
b. Order of Conditions, DQE File No. 242-334, issued by the North Andover
Conservation Commission, acknowledged January 29, 1986, recorded in
Book 2143,Page 9 (Encumbers Lot 1B-B2). J
C. Order of Conditions, DEQE File No. 242-490, issued by the North Andover
Conservation Commission, acknowledged March 29, 1989, recorded in
Book 3369, Page 318; as extended by Extension Permit, acknowledged
February 25, 1992, recorded in Book 3447, Page 29 (Encumbers Lot 1B-
B2).
d. Landscape easement as set forth in Deed from Robert Dale Stevens to The
North Parish of North Andover, Unitarian Universalist North Andover,
Massachusetts, F/K/A The North Parish of North Andover, and A/K/A The
North Parish Universalist Church of North Andover dated February 28,
2014, recorded in Book 13811, Page 175 (Encumbers Lot 1B-B2).
e. Use and View easement as set forth in Deed of Easements from Center
Realty Trust to Bradford B. Wakeman and Wendy D. Wakeman of 140
Academy Road,North Andover dated 2015,recorded in
Book , Page (Encumbers Lot 1B-B2).
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f. Easement for fence as set forth in Encroachment Easement fromCenter
Realty Trust to of Academ;
Road,North Andover, dated 2015, and recorded
in Book Page (Encumbers Lot D).
E. Pre-Existing Rights of the Public. The approval of this Conservation
Restriction by municipal officials and by the Secretary of Energy and Environmental
Affairs is not to be construed as representing the existence or nonexistence of any pre-
existing rights of the public, if any, in and to the Premises. Any pre-existing rights of the
public, if any, are not affected by the granting of this Conservation Restriction.
F. Execution of Instruments. The Grantee is authorized to record or file any
notices or instruments appropriate to assuring the perpetual enforceability of this
Conservation Restriction; and the Grantor on behalf of themselves and their successors
and assigns appoint the Grantee their attorney-in-fact to execute, acknowledge and deliver
any such instruments on their behalf. Without limiting the foregoing,the Grantor and
their successors and assigns agree themselves to execute any such instrument upon
request.
G. Effective Date. This Conservation Restriction shall be effective when the
Grantor and the Grantee have executed it, the administrative Approvals required by
Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it
has been recorded in the appropriate Essex Registry of Deeds. The Grantee shall record
this instrument in a timely manner in the appropriate Essex Registry of Deeds.
H. Controlling Law. The interpretation of this Conservation Restriction shall be
governed by the laws of the Commonwealth of Massachusetts.
I. Liberal Construction; Severabilily. Any general rule of construction to the
contrary notwithstanding, this Conservation Restriction shall be liberally construed in
favor of the grant to effect its conservation purposes and the policies and purposes of
M.G.L. Chapter 184, Sections 31-33. If any provision of this instrument is found to be
ambiguous, an interpretation consistent with the purposes of this Conservation Restriction
that would render it valid shall be adopted over any interpretation that would render it
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invalid. If any provision or condition of this Conservation Restriction or the application
thereof to any person or circumstance shall be declared invalid, the remainder of the
provisions of this Conservation Restriction shall not be affected thereby.
J. Entire Agreement. This instrument sets forth the entire agreement of the
parties regarding this Conservation Restriction and supersedes all prior discussions,
negotiations,understandings or agreements relating to this Conservation Restriction, all
of which are merged herein.
K. Non-Merger. The parties intend that any future acquisition of the Premises
shall not result in a merger of the Conservation Restriction into the fee. The Grantor
agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of
the Premises without having first assigned this Conservation Restriction to an eligible
non-fee owner ensure that merger does not occur, and that this Conservation Restriction
continues to be enforceable by a non-fee owner.
L. Notices. Any notice, demand, request, consent, approval, or other
communication that either parry desires or is required to give pursuant to this
Conservation Restriction is deemed delivered upon receipt and shall be in writing and
delivered by hand, by facsimile or by first class mail and addressed as follows:
To Grantor: Trustees of Center Realty Trust
P.O. Box 876
North Andover, MA 01845
Phone: centerrealtytrust @verizon.net
With a copy to: Morris, Rossi & Hayes
32 Chestnut Street
Andover, MA 01810
Phone: 978-475-1300
Fax: 978-474-0478
To Grantee: The Town of North Andover
Attn: Conservation Commission
1600 Osgood Street, Building 20, Suite 2-36
North Andover, MA 01845
Phone: 978-688-9530
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With a copy to: The Town of North Andover
Attn: Board of Selectmen
Town Hall, 120 Main St
North Andover, MA 01845
Phone: 978-688-9510
With a copy to: Urbelis &Fieldsteel
155 Federal Street,
Boston, MA 02110
Phone: 617-338-2200
Fax: 617-338-0122
Or to such other address as is reasonably ascertainable
VIII.ESTOPPEL CERTIFICATES
Upon request by the Grantor,the Grantee shall within sixty (60) days execute and
deliver to the Grantor any document requested, including an estoppel certificate, which
certifies the Grantor's compliance with any obligation of the Grantor contained in this
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Conservation Restriction, and which otherwise evidences the status of this Conservation
Restriction.
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Attached hereto and incorporated herein are the following:
Signatures:
Grantor: Cnter Realty Trust
Grantee: Town of North Andover Conservation Commission
Acceptance and Approval: North Andover Board of Selectmen
Approval: Secretary of the Department of Energy and Environmental Affairs
Exhibits:
Exhibit A—Sketch Plan showing Premises and Old Center Historic District
Exhibit B—Deed and Plan for Lot A
Exhibit C—Deed and Plan for Lot C2 and D
Exhibit D—Deed and Plan for Lot 1 B-B2
Exhibit E—Certified Town Meeting Vote
Exhibit F—Plan showing Potential Parking Area
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
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EXECUTED as an instrument under seal in multiple counterparts as of the d day of
4"(7- 2015.
GRANT OR:
THE CENTER REALTY TRUST
a Massachusetts nonprofit 501c2 corporation
Charles A. Salisbury
Hereunto duly authorized
.p
V e min C. Osgood
unto duly authorize
Donald R. Elliott
Hereunto duly authorized
STATE OF FLORIDA
COUNTY OF SARASOTA, SS.
On this X a day of ,r#4A,,,2015, before me, the undersigned notary public,
personally appeared Charles A' as Trustee of the Center Realty Trust, a
Massachusetts corporation„ proved to me through satisfactory evidence of identification,
which was [my personal knowledge of said person or driver's license], to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that
she/he signed it voluntarily for its stated purpose Trustee aforesaid.
Notary Public
My commission expires:
TONNI LANELL BARTHOLOMEW
Commission N FF 146083
.w •'
3^ d� My Commission Expires
"OrrV�°.°
July 29, 2016
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COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ss.
j
On this day of ; 2015, before me, the undersigned notary public,
personally appeared Benjamin C. Os d as Trustee of the Center Realty Trust, a Massachusetts
corporation, proved to me through s sfactory evidence of identification, which was [my
personal knowledge of said person or driver's license], to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that she/he signed it voluntarily
for its stated purpose as Trustee aforesaid.
LAURENCE J R0SSI
,�� , • Notary Public
r Commonwealth of Massachusetts Notary Public
My commission expires on April 15,2016
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF ESSEX, ss
On this ' day of J , 2015, before me, the undersigned notary public,
personally appeared Donald R. Ellio as Trustee of the Center Realty Trust, a Massachusetts
corporation, proved to me through satisfactory evidence of identification, which was [my
personal knowledge of said person or driver's license],to be the person whose name is signed on
the preceding or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose as Trustee aforesaid.
LAURENCE 1 ROSSI
h ...
Notary Public e' Notary Public w
Commonwealth ofassaoh�152016
My commission expires on April My commission expires:
�f
18
ACCEPTANCE AND APPROVAL OF THE GRANT
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN
The Town of North Andover, acting by and through its Board of Selectmen pursuant to
the provisions of M.G,L. Chapter 40, §8C, hereby certify that at a public meeting duly
held on March 23, 2015, the Board voted to accept the foregoing Conservation
Restriction from The Center Realty Trust of North Andover and approve it in
accordance with M.G.L. Chapter 184, §32 .
North Andover Board of Selectmen
Richard Vaillancourt
Rosemary Smedile
i
Tracy Watson
I
i
William Gordon
i
Donald Stewart
I
i
i
COMMONWEALTH OF MASSACHUSETTS
i
Essex , ss. March 23, 2015
On this 23`d day of March, 2015, before me, the undersigned notary public, personally
appeared Richard Vaillancourt, personally known to me to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose, as Chairman of the Board of Selectmen.
Notary Public
My Commission Expires:
ACCEPTANCE OF THE TOWN OF NORTH ANDOVER
CONSERVATION COMMISSIOINERS
The undersigned,being a majority of the Town of North Andover Conservation
Commissioners, hereby certify that at a public meeting duly held on ,
20-1.5,,the:the-Commission voted to accept-the foregoing Conservation Restriction from The
Center Realty Trust of North Andover in accordance with M.G.L. Chapter 40 § 8C and
M.G.L. Chapter 184 § 32 .
EXECUTED as an instrument under seal as of the day of , 2015.
TOWN OF NORTH ANDOVER
by it's Conservation Commission
Y.
i
COMMONWEALTH OF MASSACHUSETTS
ss. ,20 1•.
On this // day of MA 41 6� , 20/S`before me, the undersigned notary
public personally appeared l dlg s /1. /IM.0,)6 , proved to me through
satisfactory evidence of identification, which consisted of ✓uoezi�e,, to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that he/she signed it as an individual voluntarily for its stated
purpose.
Notary Public
My Commission Expires:
DONNA M.WEDGE
{ NOTARY PUBLIC
COMMONWEALTH OF 41ASSACWUSE TS
My Cornet.Expires Jul,,7 ,2O VFi
20
APPROVAL BY SECRETARY OF ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned Secretary of the Executive Office of Energy and Environmental
Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing
Conservation Restriction to the Town of North Andover has been approved in the public
interest pursuant to Massachusetts General Laws Chapter 184, Section 32.
Date:
i
I
I
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
ss. , 20_
On this day of , 20_, before me, the undersigned notary
public personally appeared , proved to me through satisfactory
evidence of identification, which consisted of , to be the person
whose name is signed on the preceding or attached document, and acknowledged to me
that he/she signed it as an individual voluntarily for its stated purpose.
Notary Public
My Commission Expires:
21
Exhibit A: Sketch Showing Academy Road CR
Parcels Subject to CR
I.
i !
,x ,stir g '
Conservation- Lan--d.
.. I
I rffrjf r
Private protected with HPR _ - ,'. - ------
`f� Parson •frfifrfi: ' !
-- cA' i Barnard rfrrf o i
Owned by Town, Historic Society, f ; House
rrrfffr Church or CRT , rr�.rrrrr,,,:rrrr?i i
Kittridge Farm
+= f,'r'rrffiff ,
(privately held)
I p rrfr kY Rp i j/
H rrr. lie
LOt CZ and D z° Cemetery
LOt A
(�
Loring House
I _ Private :+ (subject to
p HPR)
m TTOR
TT _ Ce r2eteiy
�R�nBt,yRY -_ ____ 'frfrr. c'S•� :: Ag Jr
uN = rffr'ffir sa frr'frfirfr 140 Academy Rd
�- rfifrfrrrrrfr:'r N frrrfrr.• r '�. ': rrrrr'rrrrfr'.•f{.
' rffirf+firr . 'frfifrrrrfrrffrrfr:' (Subject to His-
/' u o rfr.Fr'frffr:' ��� :'frrfrfrff is Preservation
rr'frfifir'frr,r'f, _
� �._ _.�_ ;� r'rr.%••ff:'rrr'rf: ffrff:'- 12estrictisx�}
D
! I �_� 'rfrf{rfrffrff.�ff. f r{fffrr?Frrfr„r �I � i
I �=` 1p ifrf�ffrrftr'r.'{fr'f,. rtrfrfrr'fff
I ��p 'rfrff 'fif rr'ffrr'rfr' , .'Y
+ oco wL,,, << rrrr Town ffrf . rr.r'{{rr
Common
f •ffifr'frf.+'r`fff{r'f}{,�ffffrffr{ � {{rfrfrr::f r ���
- -.J._.___ :'ff r','rfr'ffrrffrr{rf{rfr'f.':1rr'� 'r'rffr{• Np P
,'r?sr't:.•�.?t_.+f:r?tfi,,?r.::'..'r..i�+f�-'1^r{-_ :'..rr - � tr�.Jr -
'n- - rffr,'rfr{rfrrrrfrffffrff TN
�T frrrrrrr
11OR VER ST. rr'f`frr.•'fe''f
gn,DO r' �fiff {fffrr.^ffrf LOt IB-B2
Stevens Coolidge Place p g ! C7 z err. .•'r O rffrffr
a�Ws 1 I 3 �] frf rrfir rffr'rr
• O iQ � �`� -'iii/,I N�1ll Li r�i,�, l!l i i l rfff �.r:'f: �c '.,....
'�• �� '+, �, =� ^� _,_.i i i rrrrrrrrf :rrfififr' ?.rrr ',�
•�O \�- �� ,,,5•"" L• � .�4+'�..�.+'f frr,`.rrtr' �, frrf.
{{{{{,r{fr. rf.?frrrrrr o
,tip `� ''.:.'' Q �.•.� � :.rrffr,'rr:'f,•rrrf � ����
V '�Jo�
-.-_.f• \ �. � ` S9CFM '
r
�' � ,•-'^"'f' S '�,i \ rffffr.%rf:?r/rrrr'rffrr'fi.•'r: `ffr'f' SP,
'V ��+,z ;� i \''fir'ff}iffff:?ffirfirfii•rfrfif:'
,`. V�...1.s+ G ir'' 1- rrrffrrrfffrrr:rrrffr:'rrr'
� \'' ,i' rrfr'rr'fff},fifr'frrfi..
� '+ �N' 'rr'{:•'{r:r{,err,':' K 5T'
rrrfi:'f M
22
Exhibit 13: Deed and Plan for Lot A
U. S, Federal Revenue Stamps Nlassnehimptts Dead Excise Stamps soOK
in r'!m cf 8 9 0
�:nct.,Eed on this ;L:'.,! cLnet:Nud on this
inst•ummit. ha,,trunlvat.
I, FRANCIS B. KITTREDGE, 3 4 9
of North Andover, Essex county,Massachusetts,
being xviarried, for consideration paid,gtant to CAROLINE S. ROGERS, FRANCIS B. KITTREDGE
and JOHN B'. OSGOOD, as they are TRUSTEES OF THE CENTER REALTY TRUST OF
NORTH ANDOVER, under Agreement and Declaration of Trust dated '54hW%*
1.95q and ed re ord with Essex North District Registry of Deeds in 0
k
with quitclulul raventults
the land situate on the westerly side of Academy Road in said North gsplan
Andover, being shown as Parcel "A" On a Plan t* be recorded
said plan being entitled "Plan of Land in North Andover, Mass. owned by
Francis B. Kittredge•", dated September ix1 958, by Ralph B. Brasseur,
G. E., and said parcel being bounded an eberibed as follows:
NORTHEASTERLY and EASTERLY by Academy Road, 452 feet;
SOUTHERLY by Lot "B" on said plan, 528.0 feet;
EASTERLY by a brook, 205.98 feet',
NORTHERLY by land now or formerly of Clark, 78.90.feet;
NORTHERLY again by the Old Burying Ground, 185.10 feet; and
EASTERLY- by the said Old Burying Ground, 186-43 feet.
Containing 2.69 acres, more or less, all as shown on said plan.
Being -part of the premises conveyed to -Joseph Kittredge by deed
of Thomas Kittredge et al, dated July 8, 1918 and recorded with Essex
North District Deeds in Book 388, Page 412. For my title see estate of
the said Joseph Kittredge, Essex Probate No. 195918.
It is agreed that the ditch on said promises, as shown on said
plan, is a natural waterway and shall be kept open at all times by the
grantees, their successors and assigns.
Subject to the municipal real estate taxes for 1959 which the
grantees covenant to assume and agree to pay.
Xbmloao4f said grantor,
1, Wary P. Kittredge wife
release to said grantee all rights of and other interests therein.
dower'and homestead
391tilpris.....0ur..hand s and seals this ;:)54.R..................day off. ........... ....
.. .........
............ . ..........
.................................................................
........................................... ...................... ........... .........................
Mir GanintanwraM of ilia tts
Essex sl, &m=W M-4A-45,19 59
Then personally appeared the above named Francis B. Kittredge
and acknowledged the foregoing instrument to be his free act and deed,before irse
V...1.11k*A16.........1-1.1............
",V,-y Palk—200=QtXK20(QCx
My commission explics x Wslf.. '16, 194.10%
Essex,ss. Recorded Mar. 25, 1959 at 25m past; 1P.M. #560
23
e
d.✓u V
.C
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C
el
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w
c°�J or• /��' ov
2.69 Acresi Area <t.23 Acresk �(
✓�4t� ��/' o (loi'&'Io oe Sold to
M
ilorace 11 Sievens,Jr. �.
r'
only) �a
e /
�C�o �8•.i :% I �lomuut gnm-1 F, i95g nk 1:55�.111-
�` � � P.�cd.vtm4�nid.imE�nnyt.�lo.�la"W..R�,.o���Fde
a?• 3v,�iva.R�.�.axt, P.ss.
P L.&.1.1 O,pF�{L D !N ,�+f� /p{ (spa(`fir
ocrr avover H �Of2TW AN �° OV E— g • • AGG a
Soh t—C— 1
SEPT- 1-7,1958 �alph 6? gra�eur C.E.
+ averh+ll Ma55.
24
Exhibit C: Deed and Plan for Lot C2 and D
r3¢ i39l3�c- F-•s 1�S �14ic5�
QUITCLAIM DEED
1,Robert Dale Stevens,of North Andover,Essex County,Massachusetts
for consideration paid the amount of One($1.00)Dollar
>> grant to Academy Road Nominee Trust,Robert bale Stevens and Antra L.Stovens,Trustees p/d/t
dated July 3,2014,and recorded Herewith,of 140 Academy Road,North Andover,MA 01845
with Quitclaim Covenants
C Parcel No. 1
4 . A certain parcel of land with the buildings thereon situated in North Andover,Essex
Cn! Massachusetts shown as Lot I B on a plan of laud entitled,"Plan of land in North
Andover,MA slroFVing proposed casements prepared lbr Robert Stevens,"which plan is recorded
a~ y- with the North Essex Registry of heeds as Plan No.1 6349,to which flan reference is made fora
more particular description of the said Lot 113.
Qt
According to said Plan,Lot 1B contains 124,323 square feet,2.8541 acres.
Said Lpt 1B is conveyed together with the benefit of No-Cut Zone over Lots 213 and 311,and a
20'wide Utility Easement and a 20"wide Sanitary Sewer Easement over I.ot 2B,all as shown on
° said Plan.See deed recorded in said Registry in Book 12774,Page 42 for a more particular
description of the No-Cut Zone and the Hasements.
Excepting,however,that portion of said Lot 1B previously conveyed to The North Parish of
North Andover by deed recorded in the Essex North Registry of Deeds Book 13811 Page 175.
Being the remaining portion,or Parcel 1.from deed recorded in said Registry in Book2073 Page
40,
Parcel No,l 1
A certain parcel of vacant land situated on the wesk ly side of Academy Road in North
Andover adjacent to the parcel described above,being known as the".7.1-acre lot'being mote
particularly described in doed from John G.Whitman,Executor and Trustee to Mary F.Charles,
recorded with said Deeds in Book 905,rage 24;as follows:
25
!
B]c 13904 Pg126 #14162
Easterly: by Academy Road one hundred fifty feet;
Southerly: by registered land(now or formerly)of Aveo Manufacturing Corporation
shogun on Umid Court Plan 10780A two hundred eighteen and 25/100 feet:
Westerly: by land(formerly)of Buchanan Charles one hundred fifty feet;and
Northerly: by land(formerly)of Mai;•F,Charles two hundred fourteen and 651100
feet;
I
Contniniug 32,400 square feet;and be all or any of said measurements or contents more
or less,and however otherwise said premises may be bounded or described.
All of the above described premises are conveyed suWcct to and with the benefit of all
easements,rights and restrictions of record insofar as the same are now in force and applicable.
i
For title see Deed recorded in Book 207 ,Page 40.
:+lTNESS my hand and seat this 3"'day of July,2014.
Robert Dale Stevens,
I
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS:
On this 3'd day of July,2014,before rue,the undersigned notary public personally appeared
Robert Dale Stevens,proved to me through satisfactory evidence of identification,which was a
driver's license to be the person whose name is signed on the preceding document and
acknowledged to me that he signed it voluntarily for its stated purpose.
NoU^ry PsibtEc
tF.a�rm9dHhoftd„s�thusetts
t�j Gatnmlaslon E.xplros
Mrn2e,2ats Andrew A.Q.I rey,Jr.,Notary Public
My Cornmiss n Expires:4/25/14
;;? 26
`l1
BK 4729 PG 30$
QUITCLAIM DRRD
n� ROBERT DALE STEVENS and SAMUEL A.C. STEVENS, Trustees of 84
tj Academy Road Realty Trust, established under a Declaration of
Trust dated October 31, 1985, and recorded with the Essex County
Northern District Registry of Deeds in Book 2073, Page 31, of 81
Old Concord Road, Belsont, Massachusetts 02178 (the "Grantors"),
for consideration, paid, of FIVE THOUSAND DOLLARS AND 00/100
($5,000.00), hereby grant, with QUITCLAIM COVENANTS, to ROBERT D.
STEVENS, individually, of 140 Academy Road, North Andover,
Massachusetts 01845, the land situated on Academy Road in North
Andover, Essex County, Massachusetts, more particularly described �
as follows: W
Parcel C2 shown on a plan (the "Plan") entitled "Plan of
Land Located in North Andover, Massachusetts" dated December
12, 1996, prepared by Meridian Engineering, Inc., duly
recorded with said Deeds on January 29, 1997 as Plan No.
12985 (the "Premises").
Containing approximately 8,265 square feet of land, accordi9Rt1§'97AH10:43
the Plan.
For Grantors' title see deed of Samuel Abbot Cordingley Stevens,
Any Stevens Putnam, Robert Dale Stevens and State Street Bank and
Trust Company, dated October 31, 1985, recorded with said Deeds
in Book 2073, Pages 36.
Executed as a sealed instrument thisaSM day of Februc/a 1997.
SL
I
m
AFbiL� �1
,,gEyrlC�kiH Ro rt Dale be iLv.. �Tr..taa�
as aforesaid and not
individually
CF;Ir -Samuel A.C. Stevens, Trustee
" as aforesaid and not
individually
'r•r,
is
NiU. � BABtUk�
mu 2�IfE/WAnoA)Ai PUY
06fov,NA.0M ID•AmD'J
27
GK 4729 PG 309
COMMONWEALTH OF MASSACHUSETTS
sa. k6ruA� ZS , 1997
VU
Then personally appeared the above named Samuel A. C.
Stevens, as Trustee of the 84 Academy Road Realty Trust, and
acknowledged the foregoing instrument to be his free act and
dead, as Trustee, before me.
otary Fu 1 iron 1.not
Hy Commission Tres: It z-, 2
2
28
Exhibit D: Deed and Plan for Lot 113-132
QUITCLAIM DEED
I,Robert Dale Stevens, of North Andover,Essex County,Massachusetts
for consideration paid the amount of One($1.00)Dollar
y grant to Academy Road Nominee Trust,Robert Dale Stevens and Anne L. Stevens,Trustees u/d/t
dated July 3,2014,and recorded herewith,of 140 Academy Road,North Andover,MA 01845
with Quitclaim Covenants
(z,S Parcel No. 1
A certain parcel of land with the buildings thereon situated in North Andover,Essex
�. County,Massachusetts, shown as Lot 1 B on a plan of land entitled, "Plan of Land in North
Andover,MA showing proposed easements prepared for Robert Stevens,"which plan is recorded
with the North Essex Registry of Deeds as Plan No. 16349,to which Plan reference is made for a
more particular description of the said Lot 1B.
v According to said Plan, Lot 1B contains 124,323 square feet,2.8541 acres.
rt Said Lot 1B is conveyed together with the benefit of a No-Cut Zone over Lots 2B and 3B,and a
20' wide Utility Easement and a 20"wide Sanitary Sewer Easement over Lot 2B,all as shown on
Q said Plan. See deed recorded in said Registry in Book 12774,Page 42 f'or a more particular
description of the No-Cut Zone and the Easements. %C 1)
U
.� Excepting,however,that portion of said Lot 1B previously conveyed to The North Parish of
North Andover by deed recorded in the Essex North Registry of Deeds Book 13811 Page 175.
i
Being the remaining portion of Parcel I from deed recorded in said Registry in Book2073 Page
40.
Parcel No.11
A certain parcel of vacant land situated on the westerly side of Academy Road in North
Andover adjacent to the parcel described above, being known as the".74-acre lot"being more
particularly described in deed from John G. Whitman,Executor and Trustee to Mary F. Charles,
recorded with said Deeds in Book 908,Page 24, as follows:
30
Bk 13904 Pg126 #14162 `
Easterly: by Academy Road one hundred fifty feet;
Southerly: by registered land(now or formerly)of Avco Manufacturing Corporation
shown on Land Court Plan 10780A two hundred eighteen and 25/100 feet:
Westerly: by land(formerly)of Buchanan Charles one hundred fifty feet;and
Northerly: by land(formerly)of Mary F. Charles two hundred fourteen and 651100
feet;
Containing 32,400 square feet,and be all or any of said measurements or contents more
or less, and however otherwise said premises may be bounded or described.
All of the above described premises are conveyed subject to and with the benefit of all
easements,rights and restrictions of record insofar as the same are now in force and applicable.
For title see Deed recorded in Book 2073, Page 40.
WITNESS my hand and seal this 3rd day of July,2014,
Robert Dale Stevens,
Middlesex, SS: COMMONWEALTH OF MASSACHUSETTS
On this 3rd day of July,2014,before me,the undersigned notary public personally appeared
Robert Dale Stevens,proved to me through satisfactory evidence of identification,which was a
driver's license to be the person whose name is signed on the preceding document and
acknowledged to me that he signed it voluntarily for its stated purpose.
ANDREWA,CAF Rt~Y,JR.
Now pubno
OMMOMM ofMaS;tachusm
4YODMNss►on e.vh+es
AxR 26,2019 Andrew A. rey,Jr.,Notary Public
My Co mmiss n Expires: 4/25/19
31
Exhibit E: Certified Town Meeting Vote
fNOo7Nq
�t� q�.r7. t. • Q4
TOWN OF NORTH ANDOVER
OFFICE OF THE TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Joyce A. Bradshaw,CMMC Telephone(978)688-9501
Town Clerk Fax (978)688-9557
E-mail ibradshawCtr)townofnorthandover.com
This is to certify that the following vote was taken on Article 24 at the Dissolved Annual
Town Meeting for the Town of North Andover held May 20, 2014:
Article 24: Report of the Community Preservation Committee — Appropriation From
Community Preservation Committee Fund. Unanimous vote to receive the report of the
Community Preservation Committee and to raise, transfer and/or appropriate from the
Community Preservation Fund in accordance with the provisions of Massachusetts General
Laws, Chapter 44B, a sum of money to be spent under the direction of the Community
Preservation Committee as shown in the List of Approved Projects in Article 24; and, with
regard to the appropriation of the $570,000 for the Old Center Preservation Project, to authorize
an expenditure not to exceed $570,000 for the purchase of a conservation restriction or other
interest from Center Realty Trust or its nominee, in three parcels of land, shown as Lot 1, Lot 2
and Lot 3 on the Plan of Land submitted to the Community Preservation Committee, which
three parcels of land are a portion of the parcels of land described in deeds recorded with North
Essex Registry of Deeds in Book 2073, Page 40 and Book 890, Page 349, and which are a
portion of the parcels known as Assessor's Map 59, Parcel 1, Assessor's Map 96, Parcel 26, and
Assessor's Map 96, Parcel 33, and expenses incidental and related thereto for purposes of the
purchase of a conservation restriction or other interest, and that the Town Manager be authorized
to file on behalf of the Town any applications for funds in any way connected with the scope of
the acquisition of said conservation restriction, that the Board of Selectmen be authorized to
determine the final purchase price of the restriction and any other interests which may be
acquired for the purposes stated herein, and that the Town Manager and the Board of Selectmen
be authorized to enter into all agreements and execute all instruments, including but not limited
to grant agreements, easements and conservation restrictions in accordance with Massachusetts
General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the
Town and as may be necessary on behalf of the Town of North Andover to affect the purchase of
said conservation restriction; and, with regard to the other appropriations listed in said Article
24, that the Town Manager and Board of Selectmen be authorized to enter into all agreements
and execute all instruments, including but not limited to deeds, easements, and restrictions in
accordance with Massachusetts General Laws Chapter 184, on terms and conditions as they
deem to be in the best interest of the Town, to carry out the purposes of M.G.L. Chapter 44B.
33
List of Approved Projects—Community Preservation Fund
Description Amount Category
McEvoy Field—Phase 2 $ 290,000 Open Space - Recreation
Stevens Estate — Stained Glass
Window Refurbishment $ 25,120 Historical Preservation
Multi-Use Trail —Phase 1 $ 176,000 Open Space - Recreation
Sargent School Playground $ 92,260 Open Space - Recreation
Old Center Preservation Project $ 570,000 Open Space/
Historical Preservation
Nan's Trail $ 68,435 Open Space
Reserve for Affordable Housing $ 196,600 Affordable Housing
Administrative Costs $ 30,000 Administrative and
Operating Expenses
Total for Approved Projects $1,448,415
Community Preservation Committee
i
VOTED MAY 20, 2014
I
III
ATTEst
A True copy
Town Clerk
34
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S
COMMUNITY DEVELOPMENT DIVISION
Budding Conservation Health Planning Zoning
MEMORANDUM
To: Andrew Maylor, Town Manager
FROM: Eric Kfoury, Director
RE: Affordable Unit Resale
DATE: March 11, 2015
Our office has been notified regarding an affordable housing unit that is for sale in North Andover. The
Board of Selectmen has the right of first refusal for the property. The unit is identified as the following:
4 Harvest Drive Unit 222 (Oakridge Village— Maplewood Reserve)
Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for
1
the affordable housing units. If the Town chooses to exercise its right, then it would be the responsibility of
the Town to purchase the property or locate an individual to purchase the property.
i
Our office continues to work with the development's monitoring agent, CHAPA, who possess better
resources to preserve the unit as affordable. They have been retained to market the project and work with
many other communities on selling affordable units.
It is recommended that the Board of Selectmen not exercise their right of first refusal. Once the Board
makes a determination CHAPA can identify an eligible purchaser.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com
Schedule of Fees (Licensing)
Common Victualler $100
Entertainment $100
One Day All Alcohol $100
One Day Wine & Malt $ 75
Automatic Amusement $100 per device
Class I, II, III $100
Fortune Teller $ 50
2015
ANNUAL TOWN MEETING WARRANT
TABLE OF CONTENTS
Annual Finance Committee Report to Voters
2015 Message from the Town Moderator
Simplified Rules of Parliamentary Procedure
WARRANT FOR ANNUAL TOWN MEETING Page
Article 1 Reports of Special Committees
Article 2 Reports of Receipts and Expenditures
GENERAL ARTICLES
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Article 3 Authorization of the Town Manager or Superintendent of Schools
Regarding Contracts in Excess of Three Years
Article 4 Authorization to Accept Grants of Easements
Article 5 Authorization to Grant Easements
Article 6 RESERVE—Easements for Safe Routes to Schools Project
Article 7 Amend General Bylaws—Chapter 44 Public Meetings
Article 8 Amend General Bylaws—Chapter 88 Dogs
ZONING ARTICLES
Article 9 Amend Zoning Bylaw—Section 18: Downtown Overlay District
Article 10 Amend Zoning Map—Downtown Overlay District
Article 11 Amend Zoning Map—Downtown Overlay District(correction)
Article 12 Amend Zoning Map—Machine Shop Village Neighborhood Conservation
District
FINANCIAL ARTICLES
Article 13 Set Salaries and Compensation of Elected Officials
Article 14 Continue and Approve Revolving Funds
Article 15 Approve Payment of Prior Years Unpaid Bills
Article 16 Appropriation-General Fund for Fiscal Year 2016
Article 17 Appropriation-Water Enterprise Fund for Fiscal Year 2016
Article 18 Appropriation- Sewer Enterprise Fund for Fiscal Year 2016
Article 19 Appropriation- Stevens Estate Enterprise Fund for Fiscal Year 2016
Article 20 Appropriation- Capital Improvement Plan for Fiscal Year 2016
Article 21 Transfer to Stabilization
Article 22 Transfer to Capital Stabilization
Article 23 Transfer of funds from Health Insurance Trust Fund to Other Post-
Employment Benefits(OPEB)Liability Trust Fund
Article 24 Special Education Stabilization Fund
Article 25 Transfer of Funds to Special Education Stabilization Fund
Article 26 Report of the Community Preservation Committee-Appropriation
From the Community Preservation Fund
CITIZEN'S PETITION ARTICLES
Article 27 Citizen's Petition—Petition the General Court—Change Voting Age to
Sixteen for Town Elections
Article 28 Citizen's Petition—Petition the General Court—Special Act—
Change in Liquor Quota—All Alcohol Beverages for The Cork Stop,Inc.
1593 Osgood Street
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Article 1: Reports of Special Committees. To see if the Town will vote to hear the reports of
any appointed special committees,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the
reports of receipts and expenditures as presented by the Selectmen in the 2014 Annual Town
Report,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
Article 3: Authorization of the Town Manager or Superintendent of Schools ReLyardins
Contracts in Excess of Three Years. To see if the Town will vote in accordance with the
provisions of Massachusetts General Laws Chapter 30B, §12(b), to authorize the Town Manager
or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for
terms exceeding three years, including any renewal, extension or option, provided in each
instance the longer term is determined to be in the best interest of the Town by vote of at least
four(4)members of the Board of Selectmen or the School Committee, as appropriate,
i
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Finance Committee Recommendation:
Vote Required: Majority Vote
Article 4: Authorization to Accept Grants of Easements. To see if the Town will vote to
authorize the Board of Selectmen and the School Committee to accept grants of easements for
access, water, drainage, sewer, roadway and utility purposes or any public purpose on terms and
conditions the Board and Committee deem in the best interest of the Town,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Majority Vote
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Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the
Board of Selectmen and the School Committee to grant easements for access, water, drainage,
sewer, roadway and utility purposes or any public purpose on terms and conditions the Board
and Committee deem in the best interest of the Town,
or to take any other action relative thereto. j
Board of Selectmen
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Board of Selectmen Recommendation:
Planning Board Recommendation:
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Vote Required: Two-thirds (2/3) Vote
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Article 6: RESERVE — Easements for Safe Routes to Schools Project. To see if the Town
will vote to authorize the j
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Two-thirds (2/3) Vote
Article 7: Amend General Bylaws — Chapter 44 Public Meetinlis. To see if the Town will
vote to amend the Town of North Andover General Bylaws, Chapter 44 — Public Meetings, as
follows:
CHAPTER 44—Public Meetings
44-1 Televising of Board Meetings
All meetings of the Planning Board, Zoning Board of Appeals, Board of Health,
Conservation Commission, Board of Selectmen, School Committee and Finance
Committee shall be broadcast live over the local cable television network unless
emergency or operational or technical conditions suspend the requirements hereof, as
determined by the Town Manager or the Manager's designee. All such meetings shall
occur in the Town Hall second floor meeting room or other locations as determined by
the Town Manager or the Town Manager's designee. Notice of all such meetings shall
be posted in accordance with the requirements of the Open Meeting Law, Massachusetts
General Law, Chapter 30A, Sections 18-25 and shall contain the date, time and place of
such meeting and a listing of topics that the chair reasonably anticipates will be discussed
at the meeting, including application names. If there is a scheduling conflict with the use
of the meeting room, the Town Manager or the Manager's designee, shall have the
discretion to determine which Board shall have use of the room. Nothing contained in
this bylaw shall be so construed as to conflict with the requirements of the Open Meeting
Law, M.G.L. 30A, Sections 18-25. A violation of this bylaw or a failure to comply with
this bylaw shall not be grounds for challenging or invalidating any actions taken at any
meeting of the Planning Board, Zoning Board of Appeals, Board of Health, Conservation
Commission, Board of Selectmen, or School Committee or Finance Committee.
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
Article 8: Amend General Bylaws — Chapter 88 Doas. To see if the Town will vote to
amend the Town of North Andover General Bylaws, Chapter 88—Dogs, as follows:
Section 88-1 is hereby amended by deleting `175' and inserting `174E' in place thereof so that
Section 88-1 shall read
88-1 Animal Control
Pursuant to the authority set forth in MGL Chapter 140, §§136A to 174E, the following
bylaw is enacted for the regulation of dogs in the Town of North Andover.
Section 88-2.2 is hereby amended by deleting `175' and inserting `174E' in place thereof so that
Section 88-2.2 shall read
88-2.2 Destruction
An order by the Hearing Authority that a vicious dog be destroyed in accordance with
MGL Chapter 140, §§136A to 174E and Massachusetts Society for the Prevention of
Cruelty to Animals guidelines.
Section 8-2.15 is hereby deleted and the following Section inserted in place thereof
88-2.15 Vicious Dog
The term "vicious dog" shall have the same meaning as the term "dangerous dog" as
defined in MGL Chapter 140, §136A.
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Vote Required: Majority Vote
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Article 6: Easements for Safe Routes to Schools Project. To see if the Town will vote to
authorize the Board of Selectmen to acquire by purchase, gift, and/or eminent domain, on such
terms and conditions as the Board of Selectmen deem appropriate, permanent and/or temporary
easements on the parcels of land referenced below for public way purposes, including, without
limitation, the construction, alteration, maintenance, improvement, repair and/or replacement of
rights of way, driveways, sidewalks, ramps, parking areas, utilities and/or traffic control devices,
and related improvements, to be undertaken in connection with the Safe Routes to School
Project, and for all uses and purposes incidental thereto, said easements to be in, on and under
the parcels of land on or near Massachusetts Avenue, Green Street, and Parker Street and shown
on a plan entitled "Plan of North Andover Middle School Massachusetts Avenue - Greene Street
- Parker Street in the Town of North Andover Essex County," a copy of which is on file with the
Town Clerk, as the same may be amended from time to time, and, further, to see if the Town will
vote to raise and appropriate, transfer from available funds, accept gifts and/or borrow a sum of
money for the foregoing purposes and any costs related thereto, and to authorize the Board of
Selectmen to enter into all agreements and take all related actions necessary or appropriate to
effectuate the purposes set forth herein, and, further, to dedicate to, and transfer to the Board of
Selectmen for, public way purposes, including, without limitation, the purpose of constructing
and maintaining sidewalks, ramps and other Project improvements, a portion of the property
located at 495 Main Street and shown on the aforesaid plan,
or to take any other action relative thereto.
Board of Selectmen
Board of Selectmen Recommendation:
Planning Board Recommendation:
Vote Required: Two-thirds (2/3) Vote
i
Licensing
Commissioners
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
Joyce A.Bradshaw,CMMC �= 4r�f d op Telephone(978)688-9501
Town Clerk, * * FAX(978)688-9557
Wi
��SSACHUS try
I
i
MEMORANDUM
TO: Tracy Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons,Asst, Town Clerk `;ew
DATE: March 18, 2015
SUBJECT: One Day All Alcohol Request
Attached please find an application for a One Day All Alcohol License from Jay Caporale on
behalf of the Joseph Hermann Youth Center. The Youth Center is holding their Annual
Fundraiser from 7:00 pm to 11:30 pm on March 28, 2015 at the Center, 33 Johnson Street. In
his letter to the Commission Mr. Caporale is respectfully asking the Board to consider waiving
the fee, as they have in the past. Included in this packet are favorable recommendations from
the Police Department, Fire Department and Building Inspector.
Please do not hesitate to contact me or Joyce Bradshaw if you have any questions or concerns.
Thank you.
I
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event: o
Name &Address of Responsible Party: CM
Contact Number&e-mail 1 ' ®` V&i i,-C,-1
Location of Event:
Type of Event:
Is the event being catered? Yes No
Name of Caterer
Date&Time of Event: ` 't" 10 �
Non Profit Organization Other Than Non Profit
i
Wine&Malt All Alcohol Wine& Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event? e,-v/
Who is serving the alcohol? r1 o4e,f1 Liq a_D&—,Y
Does the server have liquor liability insurance?
Have servers had training in alcohol service?
I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of
Nort Andover is
Clo
way responsible for the actions of the applicant,
Applicant's Signature Date
!I
■E■
�f'II iii
The JOSEPH N. HERMANN
YOUTH CENTER Inc .
February 28, 2015
Tracy M. Watson ; Chairperson
I
Licensing Commission
Town of North Andover
120 Main Street
North Andover, MA 01845
Dear Ms. Watson,
The Joseph N. Hermann Youth Center, Inc. is submitting an Application for License to obtain a
one-day liquor permit for Saturday, March 28, 2015 (7-11:30pm). The license will allow our
non-profit organization to offer beer, wine and alcohol service to attendees at the Taste of
North Andover event at the Joseph N. Hermann Center.
On behalf of the Board of Directors of the Joseph N. Hermann Youth Center, a 501(c)(3), I
respectfully request, in the spirit of cooperation and partnership for the youth of North
Andover, the Town of North Andover waive the $100 application for the license. The primary
purpose of the Joseph N. Hermann Youth Center is to provide philanthropic support for the
youth of North Andover. All net proceeds for the event will fund programs, scholarships and
youth center enhancements.
Thank you for considering our request.
Sincerely,
Joseph J. Caporale, President
Joseph N. Hermann Youth Center, Inc.
N"'ORTH ANDOVER
-•-Community Partnershlp
Operations Division
Division
L/eutenant Charles P. Gray
TOt Karen Fitzgibbons
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FROM Lieutenant Charles Gray 4+°�
RE: One Day Liquor License Request-Youth Center
DATE: March 9, 2015
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Please.be advised that the following request for Gone clay liquor license has been.reviewed. The
Police Department recommendation would be that any alcohol being served be in conformance with
applicable General Laws, including,but not limited.to,MGL Chapter 13 8, consisting of various.
applicable sections, The Police would also recommend that all servers for the event be TIP certified.
Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event
needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices
shall be turned into the Officer of the Chief of Police no later than one(1)week from the event.
These can be delivered United State Postal Service, Electronically, or hand delivered.
i
1475 Osgood Street,North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
pORTH
Andrew Melnikas °f" '•'tio
_ Telephone(978) 688-9593
Fire Chief p FAX (978) 688-9594
Lt. F. McCarthy
,,„ fi�ti amelnikas@townofnorthandover.com
Fire Prevention Officer �SS�CHUS01
fmccarthygtownofnorthandover.com
Town Clerk's Office
124 Main St
North Andover,Ma
March 12,2015
Karen,
The Fire Department recommends favorable action for granting an All Alcohol License for the evening of
March 28,2015 at the Youth Center for the purpose of an auction.
Regards,
i
Lt.Frederick McCarthy
Fire Prevention
978-688-9590
II��
Fitzgibbons, Karen
From: Leathe, Brian
Sent: Monday, March 09, 2015 12:09 PM
To: Fitzgibbons, Karen
Subject: RE: One Day License
The Building Department has no issues with this request.
From: Fitzgibbons, Karen
Sent: Monday, March 09, 2015 10:36 AM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Morrison, Diane; Leathe, Brian
Subject: One Day License
I
Good Morning,
Attached please find a request for a One Day All Alcohol License. This item will be placed on the March 23`d agenda so
please have your recommendations to me no later than Tuesday, March 17tH
Thank you for your co-operation.
Karen
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1
Public Hearing
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
I20 MAIN STREEl'
NORTI I ANDOVER, MASSACHIJSET"I'S 01845
OORTH
"..
Joyce A. Bradshaw 0
Z.
Town Clerk
0 Telephone(978)688
-9501
FAX(978)688-9557
S CHUS
Memorandum
To: Richard M. Vaillancourt, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC, Town Clerk
Date: March 17, 2015
Subject: National Grid #18128513-Greene Street and Middlesex Street
The attached pole petition by National Grid is submitted for your approval:
1. Permission to locate poles, wires, and fixtures, including necessary sustaining and
protecting fixtures, along and across the following public way:
Greene Street and Middlesex Street- National Grid is installing one Sole owned Utility
pole and anchor approximately 29 feet across from existing pole on Middlesex Street,
location begins at a point approximately 219 feet east of the centerline of the intersection
of Herrick Road.
Also, National Grid to install a utility stub pole and anchor across from pole#184 on
Greene Street. The pole is to be installed 5 feet in a westerly direction across from
existing pole 184. Location approximately as shown on plan attached.
2. All abutters were notified.
3. Recommendations have been solicited from all departments. Conditional
Requirements from Patrick G. Higgins, PLS, Staff Engineer DPW included.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid will be at your meeting on Monday March 23, 2015.
Please do not hesitate to contact me or John Castro (401)784-7175 with any questions.
Questions contact—John Castro 401-784-7175
PETITION FOR POLE AND WIRE LOCATIONS
North Andover, Massachusetts
To The Board of Selectmen
Of North Andover Massachusetts
NATIONAL GRID requests permission to locate poles, wires, and fixtures, including the
necessary sustaining and protecting fixtures, along and across the following public way:
Greene St & Middlesex St-National Grid is installing one Sole owned Utility pole and anchor
approximately 29 feet across from existing pole on Middlesex St, location begins at a point
approximately 219 feet east of the centerline of the intersection of Herrick Road.
Also National Grid to install a utility stub pole and anchor across from pole#184 on Greene St.
The pole is to be installed 35 feet in a westerly direction across from existing pole 184.
Location approximately as shown on plan attached
Wherefore it prays that after due notice and hearing as provided by law, it be granted a
location for and pennission to erect and maintain poles and wires, together with such sustaining
and protecting fixtures as it may find necessary, said poles to be erected substantially in
accordance with the plan filed herewith marked— Greene &Middlesex St -North Andover
Massachusetts
18128513 January 8, 2015
Also for permission to lay and maintain underground laterals, cables, and wires in the
above or intersecting public ways for the purpose of making connections with such poles and
buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said
poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and
used by it exclusively for municipal purposes.
NAT N L k.D ,
BY
Engi eering e artment
TOWN OF NORTH ANDOVER
DIVISION OF PUBLIC WORKS
384 OSGOOD STREET
NORTH ANDOVER, MASSACHUSETTS Ol 845-2909
BRUCE D.THIBODEAU, P.E.
DIRECTOR
Eugene P. Willis, PE .� Telephone (978) 685-0950
Director of Engineering � "� ,� Fav(978) 688-9573
Patrick G. Higgins, PLS
Staff Enghreer
MEMORANDUM
Date: 3/5/2015
To: Laurie Burzlaff,Exec. Assistant Town Manager
I
FROM: Patrick Higgins, Staff Engineer
Regarding: Petition#18128513,#65 Greene St. &Middlesex St. (Pole#129)
I would ask that National Grid be granted Conditional Approval to install and k
perform work in accordance with the request within the Petition so long as the .
following logistical issues are properly addressed:
Conditions:
a. That prior to the installation of a new utility stub pole and anchor across from pole
#129 on Middlesex St.,that the transfer of utilities from the old pole#130 to the
new pole#130 be finished in front#114 Middlesex St. and that the old pole#130
removal is finished.
b. On Middlesex St.,the proposed utility stub pole and anchor across from pole#129
should be located within the grass strip and leave adequate space for pedestrian
traffic on the existing sidewalk.
c. Both of the proposed utility stub poles and anchors should leave adequate space
from existing Town infrastructure to minimize impact to said utilities during
installation and/or construction and still allow enough space for safe maintenance
and replacement of town infrastructure without interference from utility stub pole
and anchor location in the future..
d. On Greene St. the location/placement of the pole will not interfere with the line of
site for vehicles driving along Greene St. nor are there sidewalks in this location.
e. On Middlesex St. the location/placement of the pole will not interfere with the line
of site for vehicles driving along Greene St.,there is an existing sidewalk.
f, Sign off and approval of Conservation agent on this Petition and Street Opening
permit application required. The Rea's Pond Pumping Station design plans include
approximate location of Wetland Resource areas and stream crossings, as well as
proposed erosion control measures where necessary.
g. Sign off and approval of Electrical Inspector. Design&installation will be in
accord with all pertinent Town, State and Federal Codes for Electric Utilities,
Telecommunications and Energy construction standards.
h. Compliance with M.G.L. Ch.87, §1-6,Public Shade Tree. (Hemlock trees)
�
Bradshaw �
�
From: Hughes Jennifer
Sent: Wednesday, March 04, 20l5ll:53AK4 �
To: Bradshaw, Joyce
Subject: RE: National Grid and Verizon Pole Petitions-march 23, 20lS8[)SMeeting
Joyce,
do not have concerns about Academy Road or Greene/Middlesex. I am assurning the Great Pond Road request is
related to the construction of the new Rea's Pond pump station?That is going tmbe -filed with the commission shortly.
| have contacted the representative for the CerltunUonnycake project 10 see how much excavation will bedone as there
are several wetlands located on those streets. | will get back to you as soon as I here from the cVntactA|ek.
I believe I reviewed and signed off on Quail Run Rd last fall but will call to confirm that nothing has changed on that one
either.
Jennifer A. Hughes
Conservation Administrator
Town of North Andover
1OU0 Osgood Street,Suite 2035
North Andover,K8A 01845
Phone 878.688.9530
Fax 978.688.9542
Email
Web
From: Bradshaw, Joyce
Sent: Monday, March O2, 2O153:47PM
To: Hughes, Jennifer; Higgins, Patrick: Fou|do, Eric; McCarthy, Fred; Enright, Jean; Willis, Gene
Cc: Buoc|af[ Laurie
Subject: National Grid and Verizon Pole Petitions-march 23, 201SBOSMeeting
Attached are pole petitions for the March 23B{}SMeeting, | have one additional petition which | will send separately as
scanner is down for Quail Run. Please review and if you can get back tomemy Thursday March 5,2015. |f you have any
concerns or would care to review with mein person, please let meknow. |there are any concerns please contact me.
Dr the contacts at National Grid orVerizon. Thanks so much for your help!
�
1
NOTES: Plan to accompany the petition to install a
utility stub pole and anchor across from pole#184
on Greene St, North Andover, MA 65
Pole to be installed 35 feet in a westerly direction GREENEST S RD N
across from existing pole#184. P183
LU
C
LU
LU
640
Proposed e 36 GREENEST
Pole aAnchor
75 O E184
GREENE ST ...............
-----------------------------
L
76
GREENE ST
Co 142' Q
CQ
wo
C
Jz'
WOODBRIDGE R 88
GREENEST
co
Co
5
GREENEST
LEGEND
• Proposed UUIfty Pda
national rid
71 Ll MINOR STORM HARDENING
0 E)Mng U51fty Pole Desig:ner. ErarnanueDean-Baptiste NORTH ANDOVER,MA-WR#18128513
■Edge of Pavement IL/A Co nftol P Technologies,Inc. Petition Sketch
200 Ledgewood Place Suite 300,Rockland,MA 02370 1
Guyed Anchor T E C H N 0 L 0 6 1 E $781-423"3074 T.S. DRAWN BY APPROVED DATE
Inointtech com EJB US 0110512015
I
NOTES: Plan to accompany the petition to install a
utility stub pole and anchor across from pole#129
on Middlesex 5t, North Andover, MA.
Pole to be insi ailed 29 feet in a northerly direction
across from e;cisting pole#129. /
/
/
149
MIDDLESEX ST THIRD ST
MODLESEX Sr /G\V
Proposed 54
/ Pole&Anchor THIRD ST
146 / Location
MIDDLESEX ST /
/ P127 r'j9
P128 113
MIDDLESEX ST
128
,MIDDLESEX S
�cj vl ! Y `
44 4
P129 �1
•.O
2 d�' 122 MIDDLESEX ST
MIDDLESEX ST,,.-" �+
P1 30,
y® 114
'•,•' MIDDLESEX ST mss
f
C a'J
LEGEND (:
� Gam_";,1�16,?U C,a •
/\ national grid
0 Prop used Ulilily Pole
71 L1 MINOR STORM HARDENING
O E)ds1 ng UNfly Pole Designer: Emmanuel Jean"Pt"" NORTH ANDOVER,MA-WR#18128513
Edgr of Pavement Contra lPoint ControlPoint Technologies,Inc. Petition Sketch
200 Ledgewood Place Suite 300,Rockland,MA 02370
—�
Guy(d Anchor T E C H N O L 0 6 1 E S 78I-a2 t 74 N .s DRAWN BY APPROVED DATE
=t 74 T EJB EJB tv0112014
Ills
TOWN 1F NORTH ANDOVER
Of"FICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSA.CIJUsF1',r,rs 01845
OORTH
Joyce A, Bradshaw
Telephorw(978)688-9501
Town Clerk FAX (978)688-9557
Memorandum
To: Richard M. Vaillancourt, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC, Town Clerk
Date: March 17, 2015
Subject: National Grid & Verizon New England Joint Petition-16210170-Great Pond
Road
The attached pole petition by National Grid and Verizon New England, Inc. are
submitted for your approval:
1. Permission to install I JO Pole beginning at a point approximately 60 feet East of the
centerline of the intersection of Stanley Ave and continuing approximately 25 feet in
a North direction. National Grid to install 18' (2) 4" conduits to the property of
#1653. Location approximately as shown on plan attached.
Also for permission to lay and maintain underground laterals, cables, and wires in the
above or intersecting public ways for the purpose of making connections with such
poles and buildings as each of said petitioners may desire for distributing purposes.
2. All abutters were notified.
3. Recommendations have been solicited from all departments. Conditional
Requirements from Patrick G. Higgins, PLS, Staff Engineer DPW included.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid and or/Verizon will be at your meeting on Monday
March 23, 2015. Please do not hesitate to contact me or Michael O'Malley (781)907-3485 with
any questions.
TOWN OF NO1011 ANDOVER
DIVISION CAF` UBLIC' WORKS
384 OSGOOD STREET
T�ORTH ANDOV Ell, NIASSACHUSETTS 01845-2909
BRUCE D.THIBODEAU, P.E.
DIRECTOR
Eugene 1� Willis, P f elephone (978)085-0950
Director o 'Engineering
Y Fax( 7 ,h 688-9573
Patrick G. Higgins, PLY
St(iffEngine er
MEMORANDUM
Date: 3/5/2015
To: Laurie Burzlaff,Exec. Assistant Town Manager
FROM: Patrick Higgins, Staff Engineer
Regarding: Petition#16210170,41653 Great Pond Rd.
I would ask that National Grid be granted Conditional Approval to install and
perform work in accordance with the request within the Petition so long as the
following logistical issues are properly addressed:
Conditions:
a. The field installation of the proposed: pole,U.G.primary electric line,and pad
mounted transformer location as shown in the National Grid"Exhibit A"Petition
Sketch dated: 6/25/14 will be in compliance with the proposed Sewer System
Improvements Contract 2 depicted on the Rea's Pond Pumping Station design plans,
prepared by Woodard & Curran, and labeled W&C Project 225073.19 February
2015 .
b. The installation will be coordinated with the North Andover D.P.W. and/or site
contractor to make sure the final placement does not interfere with future site
improvements and other utilities.
c. The location/placement of the pole will not interfere with the line of site for vehicles
accessing/exiting the Sewerage Pump Station facility from Great Pond Rd.
d. Sign off and approval of Conservation agent on this Petition and Street Opening
permit application required. The Rea's Pond Pumping Station design plans include
approximate location of Wetland Resource areas and stream crossings, as well as
proposed erosion control measures where necessary.
e. Sign off and approval of Electrical Inspector. Design&installation will be in
accord with all pertinent Town, State and Federal Codes for Electric Utilities,
Telecommunications and Energy construction standards.
f. Compliance with M.G.L. Ch.87, §1-6,Public Shade Tree.
7�e,,+/Xll 1119
C7,4
---------------
Exhibit A Not to Scale
EXHIBIT A I The exact location of said Facilities to be
Established by and upon the installation
and
Erection of the Facilities thereof.
LEGEND
UG Primary
00 00 (o) Bollards
...... Primary Riser
300 Kva Padmounted Transformer
125'
L-- ------------------- Proposed Pole
Existing Pole
OH Primary
Lot Lines
nationalgrid
1653 Great Pond Rd
North Andover, MA
Easement
.: N.1 T.ftal� Actrtx D—Ano Number
Scala:
Date: .128114
16210170
Drawn 13y.c.,[V.JjApp—d BY:C.rI..V.11.
�
Bradshaw, Joyce�
From: Hughes,Jennifer
Sent: Wednesday, March 04, 20I5 11:53 AM |
�
To: Bradshaw,Joyce
Subject: RE: National Grid and Vehzon Pole Petitions-march 23, 20158DSMeeting
Joyce,
I do not have concerns about Academy Road or Greene/Middlesex. I am assurning the Great Pond Road request is
related tn the construction of the new Ree's Pond pump station?Thatls going tube filed with the commission shortly.
| have contacted the representative for the [ar|tonAunnycake project toseehovvmuchexcavahonvviUbedoneasthene
are several wetlands located on those streets. / will get back to you as soon @s l here fn}m the contact A|ek.
| believe | reviewed and signed off on [luoi| Run Rd last fall but will call to confirm that nothing has changed on that one
either.
Jennifer A. Hughes
Conservation Administrator
Town of North Andover
16OU Osgood Street,Suite 2035
North Andover,MAU1845
Phone 978.688.9530
Fax 978.688.9542
Email
Web
From: Bradshaw, Joyce
Sant: MonUay, March U2, 2U1S3:47PM
To: Hughes, Jennifer; Higgins, Patrick; Fou|de, Eric; McCarthy, Fred; Enright, Jean; Willis, Gene
Cc: Bucz|af[ Laurie
Subject: National Grid and Verizon Pole Petitions-march 23, 2O15B0SMeeting
Attached are pole petitions for the March 23 BOS Meeting. | have one additional petition which |will send separately as
scanner is down for Quail Run. Please review and if you can get back tumemy Thursday March S, 20lS. |f you have any
concerns or would care to review with noein person, please let meknow. |there are any concerns please contact me.
Or the contacts at National Grid nrVerizon. Thanks so much for your help!
�
TOWN OF NORTH ANDOVER
0 F F I C F"()1~
"rOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSE-f-rs 01845
OORTH
Joyce A. Bradshaw 0 0 Telephone(978)688-9501
Town Clerk "S
FAX(978)688-9557
CHUS
Memorandum
To: Richard M.Vaillancourt, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC, Town Clerk
Date: March 17, 2015
Subject: National Grid #18511131- 140 Academy Road
The attached pole petition by National Grid is submitted for your approval:
I National Grid desires to construct a line of underground electric conduits including
the necessary sustaining and protecting fixtures, under and across the public way or
ways hereinafter named.
The following are the streets and highways referred to:
18511131 Academy Road — National Grid petitions the town of North Andover to
place +/- 50 foot secondary conductors in underground conduit to service 140
Academy Road. Location approximately as shown on plan.
2. All abutters were notified.
3. Recommendations have been solicited from all departments. No conditional
approvals required by Patrick Higgins or Jennifer Hughes.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid will be at your meeting on Monday March 23, 2015.
Please do not hesitate to contact me or Dave Boucher(978)725-1461 with any questions.
Questions contact—Dave Boucher-978-725-1461
Petition of the NATIONAL GRID
Of NORTH ANDOVER, MASSACHUSETTS
For Electric conduit Location:
To the Board of Selectmen of North Andover Massachusetts
Respectfully represents the NATIONAL GRID of North Andover, Massachusetts, that it
desires to construct a line of underground electric conduits, including the necessary sustaining
and protecting fixtures, under and across the public way or ways hereinafter named.
i
Wherefore it prays that after due notice and hearing as provided by law, it be granted
permission to excavate the public highways and to run and maintain underground electric conduits,
together with such sustaining and protecting fixtures as it may find necessary for the transmission
of electricity, said underground conduits to be located substantially in accordance with the plan
filed herewith marked—Academy Road-North Andover Massachusetts
The following are the streets and highways referred to:
18511131 Academy Road-National Grid petitions the town of North Andover to place+/-
50 foot secondary conductors in underground conduit to service 140 Academy Road.
Location approximately as shown on plan attached
i
I
i
I
NATI NA RID
BY
Engineering epartment
Dated: January 8, 2015
LEGEND
EXISTING JO
POLE
PROPOSED NEW
UNDERGROUND
70 SERVICE
7-
Exhibit A Not to Scale
The exact location of said
Facilities to be
P3476 Established by and upon the
C)—.—. installation and
+/------ 140 Erection of the Facilities thereof.
50'
YKA PETITION TO THE TOWN OF NORTH ANDOVER TO
PLACE+/-50'SECONDARY CONDUCTORS IN
4
UNDERGROUND CONDUIT TO SERVICE
140 ACADEMY RD.
nationaign
UNDERGROUND PETITION
140 ACADEMY RD
NORTH ANDOVER,MA
Scale: NOTTO SCALE AWN Drawing Number
Data: otu.is
Drawn By:DJB Approved By.,DJB 18511131
Bradshaw, JoyEt_
From: Higgins, Patrick
Sent Tuesday, March 1( 2OlS5:16PM �
To: Bucz|aff, Laurie; Bradshaw, Joyce
Cc Willett, Tim
Subject: RE: National Grid Conduit PETITION I40 Academy rd.
Hi
Ineviewed the 14OAcaderny Road Conduit Petition and did a site visit, this is all set for approval from my end, no
conditions needed.
Sincerely,
Patrick Higgins, PLS
Division of Public Works
Staff Engineer
Town of North Andover
384 Osgood Street
North Andover,K8A 01845
Phone 978.685.0950 x44014
Fax 978.688.9573
Email
Web
From: Buo|aff. Laurie
Sent: Tuesday, March 17, 2015 9:13 AM
To: Higgins, Patrick; 8radshnw, ]oyoe
Cc: Willett, Tim
Subject: RE: National Grid PETITIC)NS
Qk. |will put this one onasvve||.Thankyou!
Regards,
Laurie A. Burz|aff
Executive Assistant to Town Manager �
Town mf North Andover
120 Main Street
North Andover, MAO1845
978-688-9510
Bradshaw
�
From: Hughes,Jennifer �
Sent: Wednesday, March 04, 2015 11:53 AM �
To: Bradshaw, Joyce �
Subject: RE: National Grid and Verizon Pole Petitions-march J3, 2OI58OSMeeting
Joyce,
I do not have concerns about Academy Road or Greene/Middlesex. I am assuming the Great Pond Road request is
related to the construction of the new Nea's Pond pump station?That is going tobe filed with the commission shortly.
have contacted the representative for the Carlton/Jonnycake project to see how much excavation will be done as there
are several wetlands located on those streets. I will get back to you as soon es I here from the contact A|ek.
I believe I reviewed and signed off on Quail Run Rd last fall but Will call to confirm that nothing has changed on that one
either.
Jennifer A. Hughes
Conservation Administrator
Town nf North Andover
z0OO Osgood Street,Suite 2035
North Andover,yNA 01845
Phone 978.688.9530
Fax 978.088.9542
Email
Web
Fromm: Bradshaw, Joyce
Sent: Monday, March O2, 2U153:47PM
To: Hughes, Jennifer; Higgins, Fou|ds, Eric; McCarthy, Fred; Enright, Jean; Willis, Gene
Cm: Gurz|aff, Laurie
Subject: National Grid and Veriznn Pole Petitions-march 23, 2015 BC>S Meeting
Attached are pole petitions for the March 23BOS Meeting. | have one additional petition which | will send separately os �
�
scanner is down for Quail Run. Please review and if you can get back tonnemy Thursday March 5, 201S. |f you have any
�
concerns or would care tn review with mein person, please let meknow. |there are any concerns please contact me.
Or the contacts at National Grid orVerizon. Thanks so much for your help!
�
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Town Manager' s Report
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Community Partnership�-
The Office of
Chief Paul J. Gallagher
TO: Andrew Maylor,Town Manager
FROM: Paul J. Gallagher, Chief of Police
DATE: March 17, 2015
RE: February 2015 Crime Statistics
The North Andover Police Department spent most of the month of February dealing with snow
related issues throughout the town. The record snowfall this winter tested the ability of the
Police to not only respond to weather related calls for service,but to also maintain safety while
travelling on the roadways from call to call, The DPW did a fantastic job keeping the roads clear
and allowed the cruisers to get from call to call. Most of the storm related calls were crashes and
vehicles off the road;however,there was an increase in aid to public calls and B&E cases. With
the snow came a reduction in motor vehicle violations which was a direct result of residents
staying off the roads during the bad weather which helped our DPW keep the roads clear,but
also allowed public safety emergency vehicles to get to where they needed to be.
The sharp reduction in categories of Arrests and Motor Vehicle stops was also weather related.
During these storms and the days after, Officers primarily conduct random patrols in
neighborhoods,checking on road conditions and hazards. These are reported to the DPW. This
year in particular,the snow banks were posing the most significant hazard. Many of the crashes
reported this month were due to the operators pulling into traffic too far and not seeing oncoming
traffic.
February 2015 also was the opening of the Northern Essex Community College Police Academy.
Northern Essex and the Merrimack Valley Police Chiefs received state approval for this new
academy. Currently we have four recruit officers in the academy and my weekly update report
shows that they are doing fine. Graduation is in July 2015 and will be a welcome addition to our
staffing.
North Andover joined the Lawrence/Methuen Community Coalition. This is a regional
organization tasked with offering substance abuse prevention education and workshops, and is
funded through grants from the Department of Public Health.
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-685-0249
The Interview Room at the North Andover Police Department has been equipped with audio and
video recording equipment.This equipment will assist the officers and victims in investigations
and will follow the recommendations of the District Attorney. Several officers worked on this
project.
The Lawrence Municipal Airport CCTV project was completed.The Communication Center at
the North Andover Police Department now has access to real time viewing of several critical
areas on the airport property as well as the ability to view past activity.This goes along with j
other critical infrastructures in our community that we monitor. j
i
I
i
i
North Andover Police Crime Statistics
T
Criminal Activity Jan-W Feb.15 Chan e % Change
Domestic Abuse 6 8 , 33.3
—+---- --- %1
A&B,Assault 4 6 2 50.0%
Suspicious Activity 68 52 1 -16 -Unj
B&E 3 3 #DIV101
B&E MV i 31 23 -8 -25.8%1
Larceny 29 19 -10 - -34,5%1
General Disturbance 20 I 12 .8 ��,40.0%
Alarms Res&Comm 119 106 .13 .10.9%
Aid to Public 54 57 3 5.6%
911 Hang Up/Abandon 21 23 2 9.5%
Arrests/Summons Jan-151 Feb-15j
Chan a LqChauLe
Total Booked 43 57 14 32.6%
Arrests 17 7 -10 .58.8%
OUI Arrests 6 F 5 -1 -16.7%
Summonsed 16 34 18 112.5%
Warrant Arrests 2 1 .1 -50.0%
PC 2 3 1 50.0%
Calls for Service 3132 27230 ,402 -12.8%
Proactive Policing Jan•15 Feb•15 Change % QggLe
Motor vehicle Stops 455 340 .115 .263%
—
Motor vehicle Crashes ---72 96 PA
Property Checks 1329 1064 -265 .1919%
...........
Community Service Ofo. Jan.15 Feb•15 Chan
ye Yo Change
Animal Complaints 26 35 9 34.6%
Calls for Service 30 49 19 63.3%
Document Service 10 19 9 90.0%
Parking Enforcement 3 5 2 66.7%
Property Checks 0 1 1 #DIV/01
North Andover Police Crime Statistics
140
120
100
80
60
40
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50
E 0 40
E 30
20
10
0
Total Booked Arrests CUlArrests Summonsed Warrant PC
Arrests
1400
1200
1000
L)
0 800
600
400
200
2
0
Motor vehicle Stops Motor vehicle Crashes Property Checks
60
so -
40 --
U 20 -
FHOOVER
j 10 -
E 0
Animal Calls for Service Document Parking Property Checks
Complaints Service Enforcement