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HomeMy WebLinkAbout2016-12-19 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES December 19, 2016 CALL TO ORDER: ChairmanRichard Vaillancourt called the meeting to order at 7:07PM at the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Tracy Watson was absent. Approximately 15 members of the public were in attendance. PLEDGE OF ALLEGIANCE Eagle Scout Anant Shah led the pledge of allegiance. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of December 5, 2016 Vote approved 4-0. COMMUNICATIONS AND ANNOUNCEMENTS: Licensing Chairman Phil DeCologero read a notice that is being sent to all liquor license holders. CONSENT ITEMS: Anant Shah requests approval of Eagle Scout project to build a gazebo at the Stevens Estate Anant Shah from Troop 87 presented his Eagle Scout project for approval by the Board. The project is to Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the Eagle Scout project of Anant Shah, as presented, and waive any building permit fees. Vote approved 4-0. Vote to sign conservation restriction for North Andover Boxford Realty Trust (Leonard) Included in the packets was the conservation restriction and memorandum of understanding for the property located at 997 Dale Street. Vanessa Johnson-Hall, Assistant Director of Land Conservation at Essex County Greenbelt presented the information regarding the restriction. The purchase of the property using Community Preservation Funds was approved at the last town meeting. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen sign the Conservation Restriction for 997 Dale Street and the Memorandum of Understanding with the Essex County Greenbelt Association, Inc., as presented. Vote approved 4-0. Town Manager Recommended FY2018-2022 Capital Improvement Plan The Town Manager presented his Recommended FY2018-2022 Capital Improvement Plan. Per Chapter 9, Section 5-1 of the Town Charter, the Board of Selectmen has 30 days to act on the CIP and forward to the Finance Committee once approved. It is recommended the Board accept the CIP as submitted reserving the right to make any changes at future meetings. The most notable item is the revision to the Facilities Master Plan which adds funding for the kindergarten facility. Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the FY2018-2022 Capital Improvement Plan reserving the right to make changes as additional information becomes available and to forward the document to the Finance Committee for their review. Vote approved 4-0. evChairman Vaillancourt explained the process for evaluating the Town Manager and praised Mr. Maylor for another great year. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen Vote approved 4-0. Board of Selectmen Minutes December 19, 2016 2 Accept donations of gym equipment valued at $300 from Dr. Michael Shannon and a treadmill valued at $300 from Christine Maloof to be used at the Fire Department The Board was asked to accept the donations of gym equipment and a treadmill to the Fire Department. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the donation of gym equipment from Dr. Michael Shannon and the donation of a treadmill from Christine Maloof to be used by the Fire Department. Vote approved 4-0. Accept donation from Brooks School of COPsync911 program valued at $3,000 Brooks School has asked the Police Department to use the COPsync911 program which works with their on campus software for emergency situations. Brooks has agreed to cover the cost of the program for the next five years, at $600 per year. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen accept the donation from Brooks School of the COPSsync911 program. Vote approved 4-0. Request to surplus gym equipment-Fire Department Fire Chief William McCarthy submitted a memorandum requesting the board surplus gym equipment. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of Fire Chief William McCarthy to surplus equipment per his memorandum to the Town Manager dated December 2, 2016. Vote approved 4-0. Appointments Gail Armondino-Cultural Council Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen appoint Gail Armondino to the Cultural Council for a term ending June 30, 2018. Vote approved 4- 0. Katelyn Derby-Council on Aging Katelyn Derby withdrew her request to serve on the Council on Aging as she cannot commit to the morning meetings. Carol Bradstreet of the Cystic Fibrosis Foundation requests permission to use Drummond Playground on Saturday, May 20, 2017 from 7:30AM to 3:00PM for the annu Included in the packets was a request from Carol Bradstreet of the Cystic Fibrosis Foundation to use Drummond Playground Fib Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the request of the Cystic Fibrosis Foundation to use Drummond Park on Saturday, May Vote approved 4-0. Request of the MA Department of Conservation and Recreation to reduce the 120 day notice period to 60 days for DCR purchase of 1669, 1735 and 1849 Salem Street The MA Department of Conservation and Recreation is purchasing property located at 1669, 1735 and 1849 Salem Street. The property owner would like to complete the sale as soon as possible so the DCR is asking the Board to reduce the 120 day notice requirement to 60 days. Phil DeCologero made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the request of the Massachusetts Department of Conservation and Recreation to reduce the notice period for their purchase of 1669, 1735 and 1849 Salem Street from 120 days to 60 days. Vote approved 4-0. PUBLIC HEARING National Grid removal of public shade trees Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a public hearing on removal of public shade trees. Vote approved 4-0. Included in the packets were materials provided by National Grid for the removal of several public shade trees on Johnson, Salem and Sutton Hill Road. The Department of Public Works has reviewed the request and recommends removal of all the trees. Neil Doran, arborist for National Grid and Nash Degarmo, , explained that the trees need to be remove so they can replace the poles. Mr. Maylor questioned the need to remove two Board of Selectmen Minutes December 19, 2016 3 trees that appeared to be healthy but were on the list. Mr. Doran agreed to remove those trees from the list. He also indicated that National Grid would grind the stumps that were not in wooded areas and will be replacing some of the trees. Karen and Getty Busanovich of 249 Rea Street asked for the trees to be replaced at the park so people will not park on the grass. Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close the public hearing on public shade trees. Vote approved 4-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of National Grid to remove the public shade trees presented with the exception of the trees listed at 542 and 1044 Salem Street and contingent upon National Grid providing an adequate replacement plan approved by the Director of the Department of Public Works, and grinding all stumps that are not in wooded areas. Vote approved 4-0. National Grid and Verizon New England Joint Pole Petition-Abbot Street Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open the public hearing to receive comments on proposed National Grid and Verizon New England Pole Petition for Abbot Street. Vote approved 4-0. Paul Sathler from National Grid presented information about the removal of the pole in the center of Abbot Street. National Grid is proposing two poles be installed on Abbot Street to replace the pole in the center of the road. Michael Demers of 384 Johnson Street stated he is worried the location of one of the poles is in front of his stone wall and that the wall will be damaged when the hole is dug for the pole. Phil DeCologero made a MOTION, seconded by Rosemary Smedile to continue the public hearing to receive comments on proposed National Grid and Verizon New England Pole Petition for Abbot Street until January 9, 2017. Vote approved 4-0. National Grid Pole Petition-Raleigh Tavern Lane Phil DeCologero made a MOTION, seconded by Rosemary Smedile to open the public hearing to receive comments on proposed National Grid Pole Petition for Raleigh Tavern Lane. Vote approved 4-0. Paul Sathler of National Grid presented the information regarding their pole petition for Raleigh Tavern Lane. These are underground conduits. Phil DeCologero made a MOTION, seconded by Donald Stewart to close the public hearing to receive comments on proposed National Grid Pole Petition for Raleigh Tavern Lane. Vote approved 4-0. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve National Grid Pole Petition #21173687-Raleigh Tavern Lane as presented. Vote approved 4-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Phil DeCologero, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. License Renewals for Calendar Year 2017 Donald Stewart made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen, acting as Licensing Commissioners, approve and renew the licenses for all of the establishments Hokkaido Restaurant, Inc., which approval is contingent upon receipt of a Certificate of Inspection by December 31, 2016. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the request of China Blossom, 946 Osgood Street to hol service to end at 1:00 a.m. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile to close a meeting of the North Andover Licensing Commission. Vote approved 4-0. Board of Selectmen Minutes December 19, 2016 4 OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Stan Limpert of Stonecleave Road thanked the Town Manager and the Board for the great financial work over the last several years. Included in the packet were the monthly reports from various departments. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at 9:15 p.m. Vote approved 4-0. Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of 1/5/16 Notice to license holders Eagle Scout project request Conservation Restriction Capital Improvement Plan Town Manager performance evaluation Donation letter to fire department Donation letter to police department Surplus request Appointment memorandum Cystic Fibrosis Foundation request DCR request National Grid request to remove public shade trees National Grid Pole Petition-Abbot Street National Grid Pole Petition- Raleigh Tavern Lane License renewals Request to extend hours-China Blossom Monthly reports-Overdose Fire Police Building Legal Job posting Report It Senior Center Library TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 RichardM. Vaillancourt, Chairman TEL. (978) 688-9510 Rosemary Connelly Smedile, Clerk FAX (978) 688-9556 Phil DeCologero Donald B. Stewart Tracy M. Watson BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, DECEMBER 19, 2016 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE-led by Eagle Scout Anant Shah III. APPROVAL OF MINUTES A. December 5, 2016 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Notice to liquor license holders V. CONSENT ITEMS A. Anant Shah requests approval of Eagle Scout project to build a gazebo at the Stevens Estate B. Vote to sign conservation restriction for North Andover Boxford Realty Trust (Leonard) C. Town Manager Recommended FY2018-2022 Capital Improvement Plan D. E. Accept donations of gym equipment valued at $300 from Dr. Michael Shannon and a treadmill valued at $300 from Christine Maloof to be used at the Fire Department F. Accept donation from Brooks School of COPsync911 program valued at $3,000 G. Request to surplus gym equipment-Fire Department H. Appointments 1. Gail Armondino-Cultural Council 2. Katelyn Derby-Council on Aging I. Carol Bradstreet of the Cystic Fibrosis Foundation requests permission to use Drummond Playground J. Request of the MA Department of Conservation and Recreation to reduce the 120 day notice period to 60 days for DCR purchase of 1669, 1735 and 1849 Salem Street. VI. PUBLIC HEARING A. National Grid removal of Public Shade Trees B. National Grid and Verizon New England Joint Pole Petition-Abbott Street C. National Grid Pole Petition-Raleigh Tavern Lane VII. LICENSING COMMISSIONERS A. License Renewals for Calendar Year 2017 1. Common Victualler-All Alcohol 2. Function Facility- All Alcohol 3. Restaurant-Wine & Malt 4. Club-All Alcohol 5. Special (Section 14) Wine & Malt 6. Package Store-Wine & Malt and Sunday Permit 7. Package Store-All Alcohol and Sunday Permit 8. Common Victualler 9. Class II 10. Class III 11. Automatic Amusement Device 12. Entertainment Licenses 13. Limo/Livery Licenses B. E-China Blossom VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT XI. A. Departmental Monthly Reports 1. Fire Department 2. Opiate Overdose Report 3. Police Department 4. Job posting/vacancy log 5. Legal 6. Library 7. Senior Center 8. Report It 9. Building Department B. XII. NEXT MEETING DATE January 9, 2017 XIII. ADJOURNMENT BOARD OF SELECTMEN MINUTES December 5, 2016 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM at the School Administration Building Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Donald Stewart, Tracy Watson, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 30 members of the public were in attendance. PLEDGE OF ALLEGIANCE Andrew and Abby Lacolla led the pledge of allegiance. APPROVAL OF MINUTES: Phil DeCologero made a MOTION, seconded by Tracy Watson, to approve the Open Session Minutes of November 14, 2016 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Swearing In-Lieutenant Matthew Lacolla Town Clerk, Joyce Bradshaw, administered the oath for Lieutenant Matthew Lacolla. Chairman Vaillancourt requested the Board take one licensing item out of order. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. nc., 1211 Osgood Street Harry Kanellos was present to request Common Victualler and Entertainment Licenses for his fast food Inc. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve the Common Victualler license and Entertainment license for Be-0. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile to suspend the meeting of the Licensing Commission. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS (continued): Five Year Financial Forecast Town Manager, Andrew Maylor, gave a power point presentation of his Five Year Financial Forecast for FY18-FY22. Other communications and announcements Included in the packets wa appointments to non-regulatory, non-financial boards and committees. Tracy Watson announced she would not be seeking a fourth term as selectman. Rosemary Smedile stated the Stevens Estate will be having a Holiday Open House on December 16, 17 th and 18. The Board thanked EJ Foulds and the Festival Committee for the wonderful job on the parade, the tree lighting and the breakfast with Santa. Board of Selectmen Minutes December 5, 2016 2 PUBLIC HEARING: Property Tax Classification The purpose of the hearing was to receive comments regarding classification and taxation of property according to use. Tracy Watson made a MOTION, seconded by Rosemary Smedile, to open a public hearing on property tax classification. Vote approved 5-0. Garrett Boles, Assessor, presented the Board with information regarding the tax classification. In response to a question from the Board, Mr. Boles indicated that a resident must file for an abatement no later than February 1, 2017. Wil Carpenter from the Merrimack Valley Chamber of Commerce requested the Board reduce the business and industry tax classification rate. Rosemary Smedile made a MOTION, seconded by Tracy Watson to close the public hearing on property tax classification. Vote approved 5-0. CONSENT ITEMS: Vote to set the property tax classification for FY17 Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen adopt a residential factor of .949540 for the purpose of classifying the FY2017 North Andover property tax rates. Vote approved 5-0. Winter parking ban Police Chief Charles Gray submitted a memorandum recommending a winter parking ban to begin on December 11, 2016. The ban will be in effect until February 28, 2017. Donald Stewart requested the Board modify the street exceptions to include the 400 block of Stevens Street, parking on odd side only. Phil DeCologero made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the proposed All Night Winter Parking Banamended, from December 11, 2016 through February 28, 2017. Vote approved 5-0. Request of Rabbi Zalman Borenstein to use the Town Common from December 23, 2016-January 2, 2017 for a menorah display and to use the Town Common on December 26, 2016 from 6:00pm-7:00pm for the lighting of the menorah The Board received a written request from Rabbi Zalman Borenstein to use the common from December 23, 2016-January 2, 2017 for the menorah display and to hold the menorah lighting on December 26, 2016 from 6:00pm to 7:00pm. Rabbi Borenstein estimated 50 people would attend the lighting. All relevant town departments reviewed the request and had no issues. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Rabbi Zalman Borenstein to use the Town Common for a menorah display from December 23, 2016 through January 2, 2017 and for the lighting of the menorah on December 26, 2016 from 6:00pm to 7:00pm, as presented. Vote approved 5-0. Appointments The appointment subcommittee is recommended Joyce Fiocca Bold be appointed to the Council on Aging and Jeffrey S. French be appointed to the Commission on Disability Issues. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen appoint Joyce Fiocca Bold to the Council on Aging for a term ending June 30, 2019 and appoint Jeffrey S. French to the Commission on Disability Issues for a term ending June 30, 2017. Vote approved 5-0. LICENSING COMMISSIONERS (continued): Tracy Watson made a MOTION, seconded by Rosemary Smedile, to return to the meeting of the North Andover Licensing Commission. Vote approved 5-0. Public hearing for alleged liquor violation at Hokkaido Restaurant on November 4, 2016 The Chair read the notice sent to license holder. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Hokkaido Restaurant, Inc., 1250 Osgood Street. Vote approved 5-0. Officer Michael Logan explained the incident. Officer Logan indicated that the identifications that were used were fake out of state licenses. The owner, Sam Lei of 63 Belvidere Road, Lowell, MA stated that Board of Selectmen Minutes December 5, 2016 3 he kicked people out that were tryinHe also stated he did not know the identifications were false but he has now purchased a scanner to check for false identifications. When asked by the chair if he refuted the facts in the police report Mr. Lei replied he did not. Wei Yu, the bar manager, stated that the back door was open and he thinks someone let the patrons without any identification enter through that door. Jordan Ketchan of 229 Jenny Lane, Eliot, Maine is a frequent patron of the bar and told the board she was there as a character witness for the owners. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen close the public hearing. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen acting as Licensing Commissioners, find that on November 4, 2016 at Hokkaido Restaurant, Inc., 1250 Osgood Street, a liquor license violation did occur pursuant to Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen, acting as Licensing Commissioners, defer discussion on penalties until after the second public hearing for Hokkaido Restaurant, Inc. Vote approved 5-0. Public hearing for alleged liquor violation at Hokkaido Restaurant on November 20, 2016 The Chair read the notice sent to license holder. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Hokkaido Restaurant, Inc., 1250 Osgood Street. Vote approved 5-0. Officer Michael Logan stated the facts from the police report. The underage parties used fake out of state licenses as identification. Sam Lei, owner of the restaurant, state he doubled checked the identifications but the quality was good. identification licensees can reasonably rely on. Donald Stewart made a MOTION, seconded by Tracy Watson, that Board of Selectmen close the public hearing. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that Board of Selectmen, acting as Licensing Commissioners, find that on November 20, 2016 at Hokkaido Restaurant, Inc., 1250 Osgood Street, a liquor license violation did occur pursuant to Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty- one years of age. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen, acting as Licensing Commissioners, impose the penalty of 5 days suspension on Hokkaido Restaurant, Inc., 1250 Osgood Street, for violation of the Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age for the violation on November 4, 2016 and impose a penalty of 10 days suspension on Hokkaido Restaurant, Inc., 1250 Osgood Street, for violation of the Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit: Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age for the violation on November 20, 2016, for a total of 15 days. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, for the license suspension for Hokkaido Restaurant, Inc. to occur on fifteen consecutive days from December 22, 2016 through January 5, 2017. Vote approved 5-0. Paul Gallant of Merrimack College requests one day wine and malt licenses for 1. Performance concessions at the Rogers Center for Performing Arts on Friday, December 9, 2016 from 6pm-11pm 2. Performance concessions at the Rogers Center for Performing Arts on Saturday, December 10, 2016 from 6pm-11pm 3. Performance concessions at the Rogers Center for Performing Arts on Sunday, December 11, 2016 from 2pm-6pm Board of Selectmen Minutes December 5, 2016 4 -6pm Tracy Watson made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen, acting as Licensing Commissioners, approve the four one day wine and malt licenses for Merrimack College for events on December 9, 10, 11 and 14, 2016, as presented. Vote approved 5- 0. Tracy Watson made a MOTION, seconded by Rosemary Smedile to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: National Grid Pole Petition-Middlesex Street This matter was continued from the previous meeting. David Boucher from National Grid provided an updated plan and a picture of the site. The pole and the anchor will be completely located on public property and not the property of any resident. Amy Slade, the attorney for the owners of 54 Third Street, stated her clients are concerned about damage to their trees or property. Tracy Watson made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve National Grid Pole Petition #18128513-Middlesex Street as presented. Vote approved 4-1. Rosemary Smedile opposed. National Grid Pole Petition-Johnson Street This matter was continued from the previous meeting. David Boucher from National Grid provided information regarding the petition. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve National Grid Pole Petition #22825255-Johnson Street as presented. Vote approved 4-1. Rosemary Smedile opposed. NEW BUSINESS: None PUBLIC COMMENT: None Phil DeCologero stated residents are complaining about leaves not being picked up. The Town Manager will address the matter with the contractor and asked residents to use the Report It system so complaints can be logged and tracked. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Tracy Watson to adjourn the meeting at 10:00pm. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of November 14, 2016 Appointment process memo Job posting/vacancy log Five Year Financial Forecast Tax Classification documents Parking Ban notice Menorah request Appointments memo Board of Selectmen Minutes December 5, 2016 5 Request of Bella, Inc. Hokkaido Restaurant, Inc. violation notice (11/4) Hokkaido Restaurant, Inc. violation notice (11/20) Request of Merrimack College Pole Petition-Middlesex Street Pole Petition-Johnson Street TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TEL. (978) 688-9510 Phil DeCologero, Chairman FAX (978) 688-9556 Rosemary Connelly Smedile Donald B. Stewart Richard M. Vaillancourt Tracy M. Watson TO ALL LIQUOR LICENSE HOLDERS: The North Andover Board of Selectmen, acting in our capacity as Licensing Commissioners, have grown concerned with the increase in the use of fraudulent forms of identification used by The purpose of this individuals under the age of twenty-one to purchase alcoholic beverages. notice is to make you aware of the increased prevalence of fraudulent forms of identification ; and to remind all liquor license holders that the Alcoholic Beverages Control Commission (ABCC) is very specific in regard to verification of the age of individuals purchasing alcoholic beverages. In their advisory released on September 4, 2012, the ABCC states that alcoholic beverages licensees may reasonably rely on the following forms of identification for proof of age: 1. 2.A Massachusetts Liquor Identification Card; 3.A Massachusetts Identification Card; 4.A Passport issued by the United States or a government that is officially recognized by the United States; 5.A Passport Card for a Passport issued by the United States; and 6.A Military Identification Card. Identification must be checked on the day of service, even if the licensee has checked an www.mass.gov/abcc and is an excellent source of information to license holders. The Licensing Commission is authorized under state law to suspend or revoke the license of any establishment that sells alcoholic beverages to underage individuals. We view such illegal sales with the seriousness and severity they require to protect the safety of the public. Sincerely, Phil DeCologero, Chairman Licensing Commission Cc: North Andover Police Dept. North Andover Boxford Realty Trust Grantor: Essex County Greenbelt Association, Inc. and Town of North Andover by and Grantees: through its Conservation Commission 997 Dale Street, North Andover, Ipswich Road, Boxford Property Address: Essex South Registry of Deeds Book 12837 Page 418, and Essex North Registry of Deeds Title Reference: Book 4172 Page 1. CONSERVATION RESTRICTION The undersigned, Byron C. Leonhard and George A. Leonhard, Trustees of the North Andover Boxford Realty Trust u/d/t dated November 15, 1994, recorded with Essex South District Registry of Deeds in Book 12837, Page 392, and with Essex North District Registry of Deeds in Book 4171, Page 343, and whose address is 997 Dale Street, North Andover, MA 01845,being all of the owners, for our successors and assigns (hereinafter ÅGrantorÆ), acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby grant, with quitclaim covenants, as to that portion of the Premises described below which is situated in both the Towns of North Andover and Boxford to ESSEX COUNTY GREENBELT ASSOCIATION, INC., a Massachusetts not for profit corporation having its principal office at 82 Eastern Avenue, Essex, Massachusetts 01929, and its permitted successors and permitted assigns (ÅÆ), and as to that portion of the Premises described below which is Primary Grantee situated in the Town of North Andover only to the TOWN OF NORTH 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, MA 01845, acting by and through its Conservation Commission pursuant to M.G.L. c. 40 sec. 8C (ÅÆ), Secondary Grantee (hereinafter collectively referred to as ÅÆ), for consideration paid of three-hundred and Grantees seventy-five thousand dollars ($375,000), in perpetuity and exclusively for conservation purposes, the following Conservation Restriction on a parcel of land located in the Towns of Boxford and North Andover, Essex County, Massachusetts containing a 116.303-acre portion (the ÅÆ) of a 126.817-acre parcel (the ÅÆ), being more particularly described PremisesProperty on the plan of land entitled ÅConservation Restriction Plan in North Andover and Boxford, MA, property of North Andover Boxford Realty TrustÆ by Donohoe Survey, Inc., dated December 2, 2016and recorded herewith (the ÅPlanÆ); a reduced copy of the Plan is attached hereto as Exhibit A. 1 Primary and Secondary Grantee shall act in accordance with a Memorandum of Agreement attached hereto as Exhibit C and incorporated by reference herein. I. 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 (hereinafter ÅConservation RestrictionÆ). The purposes of this Conservation Restriction are to assure that the Premises will be retained in its current natural, scenic and undeveloped condition in perpetuity for conservation purposes and to prevent any use or change that would materially impair or interfere with its conservation and preservation values (ÅConservation ValuesÆ). The acquisition of this Conservation Restriction over the Premises was made with a grant of Community Preservation Funds, and is consistent with M.G.L. Chapter 44B, the Community Preservation Act. A certified copy of the Town Meeting vote authorizing the use of Community Preservation Funds and is attached hereto as Exhibit B. The conservation values and the public benefits resulting from the protection of the Premises include the following, without limitation: A.The Premises provides significant scenic, agricultural and recreational value in its present state as a natural area and open space which has not been subjected to development incompatible with said uses; and B.The Grantor and the Grantees recognize the uniqueness of the Premises as a distinctiveMassachusetts landscape embodying the special natural and pastoral character of the region in which the Premises is located and have the common purpose of conserving the natural and agricultural values of the Premises for this generation and future generations; and C.The Premises is part of a highly scenic landscape visible to members of the general public from Dale Street in North Andover and Ipswich Road in Boxford, a major public roadway designated scenic by and in the Town of Boxford; and D.The Premises is in close proximity to over 520 acres of other protected open space including Boxford State Forest, GreenbeltÈs Farnsworth, Purgatory and Bruin Hill Reservations, and Witch Hollow Farm and the Curtis Conservation Restriction owned by the Town of Boxford, thereby increasing the ecological viability and scenic values of the area and furthering landscape connectivity; and E.The Premises contains a wide diversity of wildlife habitat, including wetlands, streams, upland forest, fields and grasslands used by a variety of wildlife species; and F.Wetlands on the Premises are within the Ipswich River watershed; the Ipswich River is a drinking water source for numerous surrounding communities and thus, by preventing further development, this Conservation Restriction helps preserve this water resource; and 2 G.Approximately 28 acres in the northwestern and southwestern corners of the Premises is mapped as BioMap 2 Core Habitat for Species of Conservation Concern by the Massachusetts Natural Heritage and Endangered Species Program (ÅNHESPÆ); these areas contain predominantly wetlands, and are part of a much larger area designated Core Habitat, much of which is on existing protected lands. Therefore the Premises buffers these protected areas and furthers habitat conservation for species of conservation concern; and H.The Premises is mapped by the U.S.D.A. Natural Resources Conservation Service as having approximately 60 acres of soils designated Prime Farmland Soils and Farmland Soils of Statewide Importance. These designations identify the richest farmland soils in the country, and thus this Conservation Restriction supports the preservation of a significant natural resource. The Premises has been operated as a family-owned farm for over 100 years; approximately 15 acres are currently farmed in hay by the Grantor. The purposes of this Conservation Restriction include protecting these agricultural soils, agricultural viability, and the preservation of the agricultural heritage of this farm and the region; and I.Protection of the Premises furthers the Town of North AndoverÈs 2010 Open Space and Recreation Plan: to expand existing conservation efforts (Goal 5); to fund open space acquisition (Goal 6); to protect scenic landscapes and farmland (Goal 7); to preserve historic landscapes (Goal 8); to protect habitats for the diversity of animal and plant species (Goal 9); and to create new recreational opportunities (Goal 10); and J.Protection of the Premises furthers the Town of BoxfordÈs 2015 Open Space and Recreation Plan: to protect the TownÈs streams, wetlands, and wildlife habitat (Goal A); to preserve the TownÈs rural character (Goal B), including to preserve and acquire lands along major road corridors including Ipswich Road (Objective B-1), to preserve and acquire woodlands, farmland/agricultural land and wetlands (Objective B-3); to preserve, enhance, and acquire lands for passive recreation (Goal C); K.The Premises will provide a public access trail for passive recreation, education and nature study. These and other conservation values of the Premises, as well as its current uses, conditions, and state of improvement, are described in a Baseline Documentation Report (ÅBaseline ReportÆ) prepared by the Primary Grantee with the cooperation of the Grantor, consisting of maps, photographs, and other documents. A copy of the Baseline Report shall be kept on file with both the Grantor and Grantees and by this reference made a part hereof.The Baseline Report (i) is acknowledged by Grantor and Grantees to be a complete and accurate representation of the condition and values of the Premises as of the date of this Conservation Restriction, (ii) is intended to fully comply with applicable Treasury Regulations, and (iii) is intended serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the Premises at the time of this grant other than the Baseline Report, should the Baseline Report be unavailable or if it does not adequately address the issues presented. 3 Therefore, in order to preserve the Premises in perpetuity in its present natural, scenic, agricultural and open condition, and to protect its conservation values, the Grantor conveys to the Grantees a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et. of the General Laws of Massachusetts, as amended. seq. The terms of this Conservation Restriction are as follows: II. PROHIBITED AND PERMITTED ACTIVITIES AND USES A. Except as otherwise herein provided, the Prohibited Activities and Uses. Grantor shall neither perform nor permit others to perform any of the following prohibited acts or uses 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, windmills, solar panels, docks, wharfs, or other temporary or permanent structures, facilities, or improvements of any kind; 2.Mining, excavating, dredging or removing of loam, peat, sand, gravel, soil, rock or other mineral resource or natural deposits or otherwise making topographical changes to the area; 3.Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of underground storage tanks; 4.Cutting, removing, or otherwise destroying trees, grasses, shrubs or other vegetation; 5.Activities detrimental to wildlife habitat, drainage, flood control, water or soil conservation, water quality, scenic qualities, archaeological conservation or erosion control; 6.Use, parking, landing or storage of motorized vehicles of any nature or kind, including but not limited to cars, trucks, motorcycles, trail bikes, all-terrain vehicles, snowmobiles, aircraft, helicopters, or similar machines or devices, except such as may be necessary by police, firefighters or other governmental agents in carrying out their lawful duties; 7.Any industrial or commercial use, except commercial recreational de minimis activities as defined in I.R.C. Section 2031(c)(8)(B) and regulations promulgated thereunder or any successor statute or regulation; 4 8.The disruption, removal, or destruction of the stone walls or granite boundary markers; 9.Subdivision; 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); 10.The use of the Premises for (a) transferring development rights to this or any other property, whether or not the receiving land is adjacent to the Premises; or (b) calculating permissible lot yield of this or any other property, or (c) satisfying building or development requirements on this or any other parcel; 11.Any acts or uses which in the opinion of the Grantees and at the GranteesÈ sole discretion are inconsistent with the purposes of this Conservation Restriction, or which would impair the conservation values, unless such use or activity is necessary in an emergency in the opinion of the Grantees and at the GranteesÈ sole discretion for the protection of the conservation values that are the subject of this Conservation Restriction. B. The Reserved Rights; Exceptions to Prohibited Activities and Uses. provisions of Paragraph A notwithstanding, 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 or other significant conservation interests: 1.Vegetation Management. The selective pruning and cutting to prevent, control or remove hazards, disease, insect damage or fire, to remove woody regeneration, and to preserve the present condition of the Premises, including fields, wood roads and foot paths, including the right to plant and maintain non-invasive shade, boundary, and windbreak trees and shrubs and other non-invasive vegetation; 2.Forestry. In accordance with generally accepted forestry Best Management Practices, as those practices may be identified by appropriate governmental or educational institutions such as the Commonwealth of Massachusetts Dept. of Conservation and RecreationÈs Bureau of Forestry or the University of Massachusetts ExtensionÈs Forest Conservation Program or their successor agencies, and in a manner not wasteful of soil resources, or detrimental to water quality or other conservation values of this Restriction, (a) selective harvesting of trees to provide no more than one-half cord of wood per forested acre within any 12-month period for personal use and the sale of firewood; (b) the right to conduct, or to permit others to conduct, sound silvicultural uses of the Premises, including the right to commercially harvest forest products, in accordance with a Forest Management or Forest Stewardship Plan and, if required by state regulations, a Forest Cutting Plan pursuant to M.G.L. c.132 ¤¤40-44, as amended, prepared by a professional forester licensed to practice forestry in Massachusetts pursuant to M.G.L. c.132, ¤¤ 47-49, which plans shall be consistent with this 5 Restriction and which must be approved in advance of any harvest by the Primary Grantee. 3.Non-native, Invasive and Nuisance Species Management. The removal of non- native, invasive, or nuisance species of flora or fauna, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality provided that any such activities carried out within 100 feet of any wetlands or water body or on more than one (1) contiguous acre of land shall require the prior written approval of the Primary Grantee. For the purposes of this Conservation Restriction, the terms Ånon-nativeÆ and ÅinvasiveÆ 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 environmental harm (including crowding out native species) or harm to human health; 4.Native Habitat Restoration. Measures designed to restore native biotic communities or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species, provided that any such activities that are carried out on more than one (1) contiguous acre of land shall require the prior written approval of the Primary Grantee; 5.Agricultural Activities. The cultivation, maintenance and harvesting of crops, orchards, trees, flowers and hay; the cleaning, storage and sale of farm produce predominantly grown, produced, or raised on the Premises; the installation, use, maintenance, and storage of irrigation equipment; the installation, maintenance, and use of surface and subsurface drainage systems; fencing; animal husbandry activities, including beekeeping, the breeding, rearing, maintenance, pasturage, stabling, sheltering and use of livestock, including but not limited to horses, cows, chickens, pigs, sheep and goats; (collectively, ÅAgricultural ActivitiesÆ), provided: a.Any conversion of farmland from hay to another Agricultural Activity shall require a farm conservation plan acceptable to the Primary Grantee, such as a USDA Natural Resources Conservation Service (NRCS) Farm Conservation Plan (hereinafter ÅFarm PlanÆ), prepared for the Premises, and approved by Primary Grantee and the NRCS Westford Field Office or its successor agency. To request assistance from the NRCS Westford Field Office, Grantor should send a request in writing to the NRCS Westford Field Office, 319 Littleton Road, Westford, MA 01886, or call the district Conservationist at 978-692-1904 and request assistance with a Farm Conservation Plan. The Farm Conservation Plan shall be developed in accordance with best agricultural and conservation practices as recommended by the NRCS or its successor agency, and shall make all reasonable efforts not to materially impair the Conservation Values of this Conservation Restriction, and shall, at a minimum, address the following: (1) establish wetland buffers and/or filter strips to prevent adverse impacts to the water quality of existing wetlands and 6 waterways; (2) in the event animal husbandry activities are proposed, establish and govern the type and number of each type of animal unit permitted on the Premises, and analyze the pasturage potential of the Premises and establish and govern the cycling of pasturage, and any other measures necessary to ensure the carrying capacity of the Premises is not exceeded in order to protect water quality, prevent soil erosion, and otherwise protect the conservation values of the Premises; b.The keeping, rearing, maintenance, and sheltering of up to six (6) hooved farm animals and twelve (12) poultry, for personal use and enjoyment, shall be permitted without a Farm Conservation Plan, provided that the associated keeping, rearing, maintenance, and sheltering activities do not materially harm other stated purposes of the Restriction; c.Grantor shall retain the right to lease or permit a Licensee the right to use and operate the premises for Agricultural Activities in accordance with, and subject to, this Conservation Restriction; d.With prior written approval of the Primary Grantee, the conversion of wooded portions of the Premises into pasture, meadow or field shall be allowable in areas mapped as Prime Soils or Statewide Important Soils, provided that said areas are not resources areas protected by the State Wetlands Protection Act. Any conversion and clearing of land must be carried out in accordance with a USDA Farm Conservation Plan (or similar plan acceptable to the Primary Grantee) that has been provided to the Primary Grantee, and any conversion and land clearing shall also be carried out in accordance with the aforementioned Forest Stewardship Plan. Any activity undertaken pursuant to the conversion of land shall not degrade or be wasteful of soil or water resources, and shall not degrade important ecosystem elements, including: i.Potential vernal pools, ii.Priority Natural Communities as described by the Massachusetts Natural Heritage & Endangered Species Program (hereinafter ÅNHESPÆ) and state-ranked as either (S1) Åvery rareÆ or (S2) ÅrareÆ, iii.Other important ecosystem elements as identified in the Baseline Document Report (BDR) and subsequent BDR updates and monitoring reports. e.For the purposes of this Conservation Restriction, ÅAgricultural ActivitiesÆ shall not be deemed to include or permit the following: industrial-scale processing and packaging, industrial-scale feedlot activities, industrial-scale poultry, swine, beef or other meat processing, sod farming, or industrial-scale composting. 6.Temporary Parking for Pick-Your-Own. Grantors may permit up to 50 (fifty) vehicles to park temporarily in the fields at any one time so as to access pick- your-own products growing on the Premises, provided that said parking shall only be allowable during the active harvest season, and vehicles are not permitted to remain overnight. 7 7.Farm Structures and Improvements. a.With prior written approval from Primary Grantee, which approval Barn. shall not be unreasonably withheld, the construction, maintenance, repair and replacement of one (1) barn which shall not have a footprint in excess of 1,200 square feet, and which shall have a wooden exterior, and the installation of utilities, including water and power, to service said barn, provided that all such utilities shall be underground, and provided that the surface condition of the Premises shall be restored to the extent feasible; b.ith prior written approval from Primary Grantee, the Greenhouses. W construction, maintenance, repair and replacement of one or more greenhouses and the installation of utilities as necessary to service greenhouses provided that: i) the total footprint of all greenhouses shall not exceed five-thousand (5,000) square feet, and ii) any utilities shall be underground to the extent feasible; c. With prior written Approval from Primary Farm Pond, springs, and wells. Grantee, and in accordance with a USDA Farm Conservation Plan (or similar plan acceptable to the Primary Grantee), the right to create, drain, dredge, and repair the existing farm pond and install, maintain and use groundwater extraction wells and associated equipment and utilities for irrigation; d. The construction, maintenance, repair and Temporary Structures. replacement of temporary structures and improvements directly related to or in support of Agricultural Activities, including but not limited to hayracks, jumps and watering troughs, chicken coops (mobile or otherwise) and, with the prior written approval of the Grantee, which approval shall be to ascertain consistency with these terms and shall not be unreasonably withheld, the construction, maintenance, repair and replacement of up to a total of three (3) utility sheds, Årun-inÆ shelters or other three-sided shelters, and the like, provided that any such structure shall not have a total footprint in excess of four-hundred (400) square feet. For the purposes of this Restriction, the term ÅtemporaryÆ shall mean any improvement without a foundation that can be constructed or removed without any significant disturbance of the soil; e.. The installation and use of hoop houses on the Premises Hoop Houses provided that the total cumulative footprint of all hoop houses shall not exceed 5,000 square feet. For the purposes of this Conservation Restriction, Hoop Houses shall be considered temporary structures. f.With prior written Other Temporary Farm Structures and Improvements. approval of the Grantee, the construction of additional temporary structures, as well as any associated utilities, solely as necessary for Agricultural Activities, provided any said structures or improvements shall not be constructed within 100 feet of wetlands on the Premises, and shall not interfere with use of the Public Trail. 8.Equestrian Arena. With prior written approval from Primary Grantee, which approval shall not be unreasonably withheld, the construction, maintenance, repair and replacement of one indoor arena for equestrian purposes, provided that: (a) said arena shall be located as close to Dale Street or Ipswich Road as feasible so 8 as to consolidate the majority of farm and residential structures in order to reduce landscape fragmentation, and; (b) said arena shall not have a footprint in excess of 100 feet by 70 feet, (b) said arena shall have a wooden exterior, and (c) any associated utilities shall be underground. 9.Existing Utilities. The use, maintenance, repair and replacement of existing water and electricity lines on the Premises for Agricultural Activities and associated agricultural improvements; 10.Vehicle Use, Storage and Parking. The use, parking and short-term storage of vehicles, machinery, and other equipment used for permitted activities; 11.Composting / Brush Piles. The stockpiling, composting, and burning of stumps, tree and brush limbs and similar biodegradable materials originating predominantly from the Premises, provided that such stockpiling and composting is in locations where the presence of such activities will not have a deleterious impact on the purposes (including scenic values) of this Restriction. No such activities will take place closer than one hundred (100) feet from any wetland, waterbody or stream. 12.Recreation. Hiking, horseback riding, cross-country skiing, picnicking, snowshoeing, bicycling, hunting, wildlife observation and nature study and other passive, non-motorized, and noncommercial outdoor recreational and educational activities consistent with the purposes of this Conservation Restriction. Hunting is permissible with Grantor permission and as otherwise allowed by law. Such uses are allowed provided that they do not materially alter the landscape, degrade environmental quality, or do not involve more than use for de minimis commercial recreational activities; 13.Trails. The marking, clearing and maintenance of unpaved footpaths for non- commercial passive, non-motorized recreational use; 14.Alternative EnergyWith prior written permission of the Primary Grantee, the . installation of solar panels and wind turbines exclusively for providing power for Agricultural Activities on the Premises or to provide power for the GrantorÈs single-family residence located in the North Andover portion of the Property shown as ÅUnrestricted AreaÆ in Exhibit A, provided that no feasible alternative site exists within the Unrestricted Area; 15.Division of Premises. With the prior written approval of the Primary Grantee, it being the intent of this provision that all agricultural activities and all structures shall remain on a single lot, and the other two resulting lots shall only be used for forest management, habitat management, and passive recreation, the Premises may be divided into a total of not more than three (3) resulting lots, provided: a.Each resulting lot shall remain subject to the burdens of this Restriction; 9 b.Any division of the Premises shall not result in any increase in or expansion of the Reserved Rights and Permitted Uses; c.At any and all times, the following Reserved Rights and Permitted Uses may solely be exercised in only one single resulting lot, which lot shall both (i) contain substantially all of the agricultural fields and all permanent structures, and (ii) have its primary frontage on and access from Dale Street in North Andover: II.B. 5, 6, 7, 8, 9, 14, and 16; and the immediately foregoing enumerated Reserved Rights and Permitted Uses shall cease to apply to the portion of the Premises contained with any other resulting lot; d.On each of the three resulting lots, the following Reserved Rights and Permitted Uses may be exercised: II.B. 1, 2, 3, 4, 10, 11, 12, 13, 17, and 18; e.The configuration of any resulting lot shall not, in Primary GranteeÈs sole judgment, adversely impact the conservation purposes of this Restriction, including by causing the fragmentation of agricultural land or the Public Trail described in Paragraph IV.B. below; f.Primary GranteeÈs approval of the division of the Premises shall be contingent upon Primary GranteeÈs receipt of the applicable plan prior to its submission to the Town for approval in order to ensure consistency with the provisions of this Restriction; g.Prior to the transfer of any resulting lot, Grantor shall (i) furnish Primary Grantee with the final plan of land approved under applicable law and a legal description of the resulting lot; and (ii) mark the corners of each resulting lot with permanent markers acceptable to Primary Grantee such as a drill hole or iron rod or pin, and (iii) furnish Primary Grantee with the name and contact information for the transferee of each resulting lot. 16.Septic System and Well. With prior approval of the Primary Grantee, which approval shall not be unreasonably withheld, the construction, repair, replacement and maintenance of a septic system and well to serve the GrantorÈs single-family residence, which residence is located in that portion of the Unrestricted Area in North Andover shown on Exhibit A, provided that a) no feasible alternative site for a septic system or well exists within the Unrestricted Area and, b) the surface of any area of the Premises disturbed for said septic system or well shall be restored to the extent reasonably practical. 17.Signage. 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, including hunting and recreation, and other regulations, and (c) interpretive, informational or other similar signs designed to enhance public use; 18.Archeological Activities. The conduct of archaeological activities, including without limitation survey, excavation and artifact retrieval, following submission of an archaeological field investigation plan and its approval in writing by Primary Grantee and the State Archaeologist of the Massachusetts Historical Commission or appropriate successor official; 10 19.Permits. The exercise of any right reserved by the Grantor 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 (General Laws Chapter 131, Section 40), and (d) all other 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 may have a right to request a permit, it does not mean that the Grantee or the Commonwealth of Massachusetts takes any position on whether such permit should be issued. 20.Other Activities. Such other non-prohibited activities requested by the Grantor and expressly approved by the Primary Grantee, in the Primary GranteeÈs sole and exclusive discretion, as are consistent with and that do not materially impair the purposes or conservation values of this Conservation Restriction. C.. All acts and uses not expressly Unspecified Activities and Uses are Prohibited permitted in Paragraph B of Section II or otherwise authorized by the Primary Grantee are prohibited. D.. Whenever notice to or approval by the Primary Grantee is Notice and Approval required under the provisions of Paragraphs Section II.B, or any other provision or condition herein, the Grantor shall notify the Primary Grantee in writing not less than thirty (30) 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 Primary Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. The purpose of requiring such notice is to afford the Primary 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 Primary GranteeÈs approval is required by the terms of this Conservation Restriction, the Primary Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of the GrantorÈs written request therefore. Primary GranteeÈs approval may be withheld upon a determination by the Primary Grantee at its sole discretion that the action as proposed would be inconsistent with the purposes and Conservation Values of this Conservation Restriction. III. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE A.. The rights hereby granted shall include the right to Legal and Injunctive Relief 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 Grantees will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantees for the enforcement of this Conservation Restriction. Grantees agree to cooperate for a 11 reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantees determine there is no ongoing diminution of the conservation values of the Conservation Restriction. B.. The Grantees shall have the right to Actions to Prevent or Remedy Violations take appropriate actions to prevent, abate, or remedy violations of this Conservation Restriction, including violations by non-parties. C.. The Grantor and the successors and Reimbursement of Costs of Enforcement assigns of the Grantor covenant and agree to reimburse the Grantees 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.. Enforcement of the terms of this Conservation Restriction shall be Non-Waiver at the discretion of the Grantees. Any election by the Grantees as to the manner and timing of their right to enforce this Conservation Restriction or otherwise exercise their rights hereunder shall not be deemed or construed to be a waiver of such rights by the Grantees. E.. By its acceptance, the Grantees do not undertake any Disclaimer of Liability liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. F.. Nothing contained in this Conservation Acts Beyond the GrantorÈs Control Restriction shall be construed to entitle the Grantees to bring any action against the Grantor for any injury to or change in the Premises resulting from causes beyond the GrantorÈs 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. IV. ACCESS A.. The Grantor hereby grants to the Grantees, or their duly Access by the Grantees 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. The Grantor also grants to the Grantees, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. The Grantees shall have the right, but not the obligation, at their sole expense, to perform any other acts to preserve, conserve or promote the natural habitat of wildlife, fish or plants located on the Premises. The Grantees 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 Grantees as the holder of this Conservation Restriction. 12 B.. This Conservation Restriction also grants to the general Access by the Public public the right to enter upon a portion of the Premises identified as ÅPublic TrailÆ in Exhibit A, attached hereto, for non-motorized passive recreational purposes including, but not limited to, walking, jogging, hiking, wildlife observation, mountain biking, horseback riding, cross-country skiing, and snow shoeing. The Grantor and their successors and assigns shall permit the continuance of such entry by the public, provided that, in connection therewith, (1) any such activity shall be limited to daylight hours only unless Grantor provides permission for an exception; (2) all such activities shall be confined to the limits of the Public Trail; (3) dogs shall be leashed at all times; (4) no motor vehicles of any kind shall be permitted; (5) no hunting, trapping or discharge of firearms shall be conducted; (6) no dumping, waste disposal, or littering of any kind be allowed; (7) no activity of a commercial nature be allowed; and (8) the public shall adhere to such reasonable rules and regulations as the Grantor or Grantees may establish and post from time to time regarding the access provided in this paragraph. Grantor may temporarily close the Public Trail from time-to-time as may be necessary in order to conduct property and trail maintenance, forestry and Agricultural Activities, and other reserved rights that may be incompatible with public use. The Grantor hereby reserves the right to alter the locations of established trails, after consultation with the Grantees and with the GranteesÈ approval, provided that as so relocated, neither the conservation values of this Conservation Restriction nor access to and passage through the Premises is materially impaired. To the extent permitted by law, the Grantor and the Grantees hereby expressly disclaim any duty to maintain the Premises or warn persons who may enter upon the same. Pursuant to M.G.L. Chapter 21, Section 17C, neither the Grantor nor the Grantees 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. V.EXTINGUISHMENT A.. If Termination and GranteesÈ Right to Recover Proportional Value 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, after review and approval by the Commonwealth of Massachusetts Secretary of the Executive Office of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the CR under applicable law, then Grantees, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantees shall use their share of the proceeds in a manner consistent with the conservation purposes set forth herein. B.. The Proceeds; The GranteesÈ Receipt of Property and Development Rights Grantor and the Grantees agree that the grant of this Conservation Restriction gives rise to a property right, immediately vested in the Grantees, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the gift, bears to the value of the unrestricted Premises at that time and represents all land development 13 rights associated with the Premises, except as such rights may have been specifically retained pursuant to this Conservation Restriction. Such proportionate value of the GranteesÈ property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements. C.. Whenever all or any part of the Cooperation Regarding Public Action Premises or any interest therein is taken by public authority 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 Grantees 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 Grantees shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and the Grantees in accordance with paragraph B above after complying with the terms of any gift, grant, or funding requirements. If less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantees shall use their share of any proceeds received pursuant to this Section V in a manner consistent with the conservation purposes of this Conservation Restriction . VI. ASSIGNABILITY A. . The burdens of this Conservation Restriction shall run Running of the Burden with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. . The Grantees are authorized to record or file any Execution of Instruments notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; the Grantor, on behalf of themselves and their successors and assigns, appoint the Grantees 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 instruments upon request. C. . The benefits of this Conservation Restriction shall run Running of the Benefit to the Grantees, shall be in gross and shall not be assignable by the Grantees, except in the following instances: As a condition of any assignment, the Grantees shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VII. SUBSEQUENT TRANSFERS A.The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantees within 20 days of such 14 transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. B.The Grantor shall not be liable for violations occurring after their ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. VIII. ESTOPPEL CERTIFICATES Upon request by the Grantor, the Primary Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the GrantorÈs compliance with any obligation of the Grantor contained in this Conservation Restriction. IX. 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 Grantees agrees that they will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. X. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantees have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Essex Registries of Deeds. XI. NOTICES. Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give pursuant to this Conservation Restriction is deemed delivered upon receipt and shall be in writing and either served personally or sent by first class mail, postage prepaid, return receipt requested, certified mail, return receipt requested, or delivered by a nationally recognized overnight delivery service such as Federal Express or United Parcel Service, and addressed as follows or to such other address as any of the below parties shall designate from time to time by written notice to the other or that is reasonably ascertainable by the parties: 15 If to Grantor: North Andover Boxford Realty Trust c/o Byron and George Leonhard, Trustees 997 Dale Street North Andover, MA 01845 Or then-current landowner on record with Essex County Greenbelt Association, Inc. or North Andover and Boxford Assessors If to Primary Essex County Greenbelt Association, Inc. Grantee: ATTN: Director of Stewardship 82 Eastern Ave. Essex, MA 01929 With a Copy Town of North Andover Conservation Commission to Secondary ATTN: Conservation Administrator Grantee: 120 Main Street North Andover, MA 01845 XII. GENERAL PROVISIONS A.. The interpretation of this Conservation Restriction shall be Controlling Law governed by the laws of the Commonwealth of Massachusetts. B.. Any general rule of construction to the contrary Liberal Construction notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Massachusetts General Laws Chapter 184, Sections 31-33. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C.. If any provision of this Conservation Restriction or the application Severability thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D.. This instrument sets forth the entire agreement of the parties Entire Agreement regarding this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to this Conservation Restriction, all of which are merged herein. E.. Notwithstanding anything to the Termination of Rights and Obligations contrary contained herein, the rights and obligations under this Conservation Restriction of any party holding any interest in the Premises shall terminate upon transfer of that partyÈs interest in the Premises, except that liability for acts or omissions occurring prior to any transfer and 16 liability for any transfer in violation of this Conservation Restriction shall survive the transfer. Any new owner may be held responsible for pre-existing violations. F.. This Conservation Restriction shall be in addition to and Prior Encumbrances not in substitution of any other restrictions or easements of record affecting the Premises. G.. The Grantor shall pay before delinquency all taxes, Payment of Taxes assessments, betterments, liens, fees and charges levied on or assessed against the Premises by any federal, state, or local government authority or other competent authority or entity (collectively "taxes"), and shall furnish the Grantees with satisfactory evidence of payment upon request. H.. The Grantor shall deliver to Grantees all Subordination of Mortgage documents necessary to subordinate any mortgage, promissory note, loan, equity credit line, refinance, assignment of mortgage, lease, financing statement or any other agreement which gives rise to a security interest affecting the Premises. I.The Grantor hereby releases, agrees to waive, subordinate, and Homestead. release any and all Massachusetts General Law Chapter 188 Homestead rights it may have in favor of this Conservation Restriction with respect to any portion of the Premises affected by this Conservation Restriction, and hereby agrees to execute, deliver and/or record any and all instruments necessary to effectuate such waiver, subordination and release. In all other respects, the Grantor reserves and retains any and all Homestead rights, subject to this Conservation Restriction, pursuant to M.G.L. c. 188 (10) (e). J.. The Grantor represents and warrants that to the best of their Adverse Possession knowledge no person has occupied or used the Premises without the GrantorÈs permission or has openly claimed ownership of the Premises as against the Grantor or the GrantorÈs predecessors in title or has conducted continuous activities or uses on the Premises (such as, but not limited to, logging, camping or similar uses). The Grantor agrees that if any such activity is observed now or in the future, the Grantor shall immediately notify the Primary Grantee and shall cooperate with the Primary Grantee to notify such persons of their wrongful entry onto the Premises. XIII. MISCELLANEOUS A.. Approval of this Conservation Restriction pursuant Pre-existing Public Rights to M.G.L. Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. 17 B.: Included hereto and incorporated herein are the following Signature pages: Grantor: North Andover Boxford Realty Trust Grantees: Essex County Greenbelt Association, Inc. (as to that portion of the Premises in both Boxford and North Andover) and Town of North Andover (as to that portion of the Premises in North Andover only) Approval of the Selectmen of the Town of Boxford Approval of the Secretary of Energy and Environmental Affairs Exhibit A: Sketch of Conservation Restriction Plan Exhibit B: Certified Copy of North Andover Town Meeting Vote Exhibit C: Copy of Memorandum of Agreement between Grantees 18 IN WITNESS WHEREOF, the said Byron C. Leonhard and George A. Leonhard, as Trustees of the North Andover Boxford Realty Trust, grant this Conservation Restriction to Essex County Greenbelt Association, Inc. and the Town of North Andover, and agree to be bound by its terms, have hereunto set their hands and seals this ____day of ________________, 2016. NORTH ANDOVER BOXFORD REALTY TRUST __________________________________ Byron C. Leonhard, Trustee __________________________________ George A. Leonhard, Trustee COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ________________, 2016, before me, the undersigned notary public, personally appeared __________________________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalsÈ identities a Massachusetts driverÈs license, to be the persons whose names are signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 19 Essex County Greenbelt Association, Inc. hereby accepts this Conservation Restriction from North Andover Boxford Realty Trust and agrees to be bound by its terms. ESSEX COUNTY GREENBELT ASSOCIATION, INC. By: ______________________________ Name: Edward O. Becker Title: President Hereunto duly authorized By: ______________________________ Name: Francis McD. Culver Title: Treasurer Hereunto duly authorized COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of _________, 2016, before me, the undersigned notary public, personally appeared ____________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as President, voluntarily for its stated purpose and as the free act and deed of Essex County Greenbelt Association, Inc., a Massachusetts not for profit corporation. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of _________, 2016, before me, the undersigned notary public, personally appeared ____________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it, as ______________________________, voluntarily for its stated purpose and as the free act and deed of Essex County Greenbelt Association, Inc., a Massachusetts not for profit corporation. Notary Public My Commission Expires: 20 ACCEPTANCE BY TOWN OF NORTH ANDOVER BOARD OF SELECTMEN We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a public meeting duly held on __________________, 2016 the Selectmen voted to accept the foregoing Conservation Restriction from the North Andover Boxford Realty Trust pursuant to M.G.L. Chapter 40 Section 8C and approval pursuant to M.G.L. Chapter 184 Section 32 and in compliance with M.G.L. Chapter 44B, the Community Preservation Act, so-called, and agree to be bound by its terms. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ______________, 2016, before me, the undersigned notary public, personally appeared __________________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 21 ACCEPTANCE BY NORTH ANDOVER CONSERVATION COMMISSION We, the undersigned Conservation Commission of the Town of North Andover, Massachusetts, hereby certify that at a public meeting duly held on __________________, 2016 the Conservation Commission voted to approve the acceptance of the foregoing Conservation Restriction from the North Andover Boxford Realty Trust pursuant to M.G.L. Chapter 40 Section 8C and M.G.L. Chapter 184 Section 32 and in compliance with M.G.L. Chapter 44B, the Community Preservation Act, so-called, for conservation purposes. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ______________, 2016, before me, the undersigned notary public, personally appeared __________________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 22 APPROVAL BY TOWN OF BOXFORD BOARD OF SELECTMEN We, the undersigned Board of Selectmen of the Town of Boxford, Massachusetts, hereby certify that at a public meeting duly held on __________________, 2016 the Selectmen voted to approve the foregoing Conservation Restriction from the North Andover Boxford Realty Trust to Essex County Greenbelt Association, Inc. for the preservation of the natural resources of said Town and being in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ______________, 2016, before me, the undersigned notary public, personally appeared __________________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 23 APPROVAL BY SECRETARY The undersigned Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing Conservation Restriction from North Andover Boxford Realty Trust to the Essex County Greenbelt Association, Inc. and the Towns of Boxford and North Andover has been approved in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. Date: ________________ ____________________________________ Matthew A. Beaton Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS __________, ss. On this ____ day of ______________, 2016, before me, the undersigned notary public, personally appeared ____________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs 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. Notary Public My Commission Expires: 24 EXHIBIT A Sketch Plan of Conservation Restriction 25 EXHIBIT B Certified Copy of Town Meeting Vote 28 EXHIBIT C MEMORANDUM OF AGREEMENT BY AND AMONG THE TOWN OF NORTH ANDOVER AND ESSEX COUNTY GREENBELT ASSOCIATION, INC. PARTIES MEMORANDUM OF AGREEMENT (hereinafter, ÅAgreementÆ) by and among the Town of North Andover (hereinafter, the ÅTownÆ) of 120 Main Street, North Andover, MA 01845, acting by and through its Board of Selectmen, and Essex County Greenbelt Association, Inc. (hereinafter, ÅGreenbeltÆ) of 82 Eastern Avenue, Essex, Massachusetts 01929. PURPOSE WHEREAS, the purpose of this Agreement is to facilitate the cooperation of and the framework by which the two parties agree in managing, monitoring, and enforcing the Conservation Restriction granted to Greenbelt and the Town, dated __________________ and recorded herewith (ÅConservation RestrictionÆ), upon that portion of the Conservation Restriction which is situation in the Town of North Andover only and owned by the North Andover Boxford Realty Trust u/d/t dated November 15, 1994 (ÅLandownerÆ), said land identified in Exhibit A to the Conservation Restriction (Plan of Conservation Restriction) and recorded herewith; WHEREAS, Greenbelt agrees to ensure compliance of the purposes and conditions of the Conservation Restriction through the monitoring and enforcement of the Conservation Restriction; and WHEREAS, The Town agrees to cooperate with Greenbelt in ensuring such compliance, reserving the right to participate by ensuring that the purposes and conditions of the Conservation Restriction are monitored and enforced by Greenbelt, or its designee. NOW, THEREFORE the Town and Greenbelt in consideration of the above, further agree to the following: A. Greenbelt Agrees To: 1.Accept sole monitoring responsibilities with respect to the Conservation Restriction, including maintaining permanent stewardship records. 2.Accept sole responsibility for reviewing any Landowner requests requiring approval or notice according to the terms of the Conservation Restriction, and inform the Town of any decisions made by Greenbelt and/or the Landowner regarding said Landowner requests. 3.Accept sole responsibility to monitor the compliance by Landowner with the terms and provisions of the Conservation Restriction and submit a copy of all Monitoring Reports to the North Andover Conservation Commission. 4.Accept primary enforcement responsibilities with respect to any suspected violations of the Conservation Restriction. Greenbelt agrees to work collaboratively with the Town to enforce any suspected violations of the Conservation Restriction. Greenbelt agrees that in the event of any activity on the Premises that may be inconsistent with or a violation of the terms of the Conservation 32 Restriction, Greenbelt and the Town shall work together to resolve the suspected violation. 5.Make every effort to work with the Landowner to promote the transfer of the Premises to a farmer. 6.Abide by the terms and conditions of the Conservation Restriction. 7.Collaborate with the Town on outreach, events, and publicity about the project. B. The Town agrees to: 1.Delegate responsibility of monitoring and enforcing the terms of the Conservation Restriction to Greenbelt, provided Greenbelt shall notify the Town, to the extent reasonably practicable, to ensure that the Town is informed about how the terms and provisions of the Conservation Restriction are monitored and enforced by Greenbelt. 2.Provide timely feedback to Greenbelt about any information or Notices provided by Greenbelt to the Town, especially if and when Greenbelt is deciding how to proceed with a violation of the Conservation Restriction. 3.Abide by the terms and conditions of the Conservation Restriction. 4.Collaborate with Greenbelt on outreach, events, and publicity about the project. C. Taking Effect and Duration This Agreement shall take effect only upon the recording of the Conservation Restriction, and shall continue in effect for the life of the Conservation Restriction. D. Amending and Termination This Agreement shall be reviewed upon the request of Greenbelt or the Town and can be updated and revised in writing signed by all parties, so long as any revisions do not substantially impair the enforcement of the Conservation Restriction as agreed upon by the Town and Greenbelt. In the event of the termination of this Agreement, the Town and Greenbelt shall negotiate an alternative arrangement for the monitoring and enforcement of the Conservation Restriction. In the event any issues of controversy arise under this Agreement, the Town and Greenbelt shall first attempt to negotiate in good faith the resolution of the controversy, thereafter the Town and Greenbelt may pursue alternative dispute resolution to resolve any issue. The process may include, but is not limited to, conciliation, mediation and arbitration. If Greenbelt and the Town are not able to reach an agreement, Greenbelt and the Town may pursue any and all remedies available, including proceeding to a court of competent jurisdiction. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. E. Coordination of the Parties 1.All publicity related to acquisition and protection of the Conservation Restriction, including press releases, brochures, maps and signs shall list Greenbelt and the Town. 2.This Agreement shall become effective upon signature of all parties. 3.This Agreement may only be amended with the written agreement by all parties. 4.Nothing herein shall modify the responsibilities and obligations of the Town and Greenbelt as set forth in the Conservation Restriction. 33 F.Compliance with the Law Greenbelt shall fully comply with all laws having to do with GreenbeltÈs employees, including, but not limited to, those with respect to antidiscrimination, worker's compensation, employer's liability insurance, immigration, social security, unemployment insurance, hours of labor, wages, working conditions and all other employer-employee related subjects (including, without limitation, tax withholding and information reporting requirements), and Greenbelt shall not do any act, nor permit any act to be done that would constitute a violation of any of such laws. Greenbelt represents that it is and will continue to be an equal opportunity employer, and shall advertise as such, and that Greenbelt shall not engage in any form of discrimination in the employment or hiring of independent contractors, of any personnel, including, without limitation, discrimination as to race, color, creed, religion, age, gender, marital status, sexual preference, national origin or physical disability. Greenbelt shall indemnify and hold the Town harmless from and against any Loss of whatsoever kind and nature which may be asserted by any governmental body, entity or person by reason of any act or failure to act by Greenbelt in accordance with or in violation of any said laws, so long as such act or failure to act is not caused or directed by Town. All employment arrangements are solely Greenbelt's concern and Town shall have no liability with respect thereto. G.Certificate of Insurance Greenbelt shall continuously maintain at is sole cost and furnish the Town with a Certificate evidencing the following policies: 1)Workers Compensation 2)General Liability H. Representatives of the Parties. The following individuals shall be the representatives authorized to implement this Agreement on behalf of their respective organizations: Town Authorized Representative: Town of North Andover Conservation Commission ATTN: Conservation Administrator 120 Main Street North Andover, MA 01845 Tel: (978) 688-9530 Greenbelt Authorized Representative: Essex County Greenbelt Association, Inc. ATTN: Director of Stewardship 82 Eastern Ave. Essex, MA 01929 Tel: (978) 768-7241 ext. 14 34 Executed under seal as of the ____ day of December, 2016. ESSEX COUNTY GREENBELT ASSOCIATION, INC. By: ______________________________ Name: Edward O. Becker Title: President Hereunto duly authorized TOWN OF NORTH ANDOVER BOARD OF SELECTMEN __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ________________, 2016, before me, the undersigned notary public, personally appeared ____________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it, as President, voluntarily for its stated purpose and as the free act and deed of Essex County Greenbelt Association, Inc., a Massachusetts not for profit corporation. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this ____ day of ___________________, 2016, before me, the undersigned notary public, personally appeared __________________________________, proved to me through satisfactory evidence of identification, which was my personal knowledge of the principalÈs identity a Massachusetts driverÈs license, to be the person whose name is signed on the preceding document, and acknowledged to me that s/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 35 TOWNOFNORTHANDOVER CIP APITAL MPROVEMENT LAN GENERAL FUND ENTERPRISE FUND 2018-2022 TOWN MANAGER RECOMMENDATION Board of Selectmen Richard M. Vaillancourt, Chairman Rosemary Connelly Smedile, Clerk Tracy M. Watson Donald B. Stewart Phil DeCologero, Licensing Chair TownManager Andrew W. Maylor Finance Director/ Town Accountant Lyne M. Savage __________ December 2016 FY18-22 Capital Improvement Plan General Fund–Enterprise Funds Table of Contents Town Manager’s Transmittal Letter General Fund 1 RecommendedCapital Budget Summary….………………….……. 2 Requested Capital Budget Summary………….……………….……. 3 Debt Service/Net Revenue Ratio Summary……………….…….…… 4 Projected Debt Service New Project………………………….……… 7 Graph:General Fund Non-excludedDebt as percent of Revenue..… 8 …………………………………… Capital Budgeting Rating Process 12 …………………………………………… Criteria Points –Summary 13 …………………………………… Individual Capital project Request 63 ………………………………………………… Existing Debt Schedule Sewer Enterprise Fund 83 RecommendedCapital Budget………………………………………... 84 Requested Capital Budget Summary ………………………………... 85 Debt Service/Net Revenue Ratio Summary…………………………... 86 Projected Debt Service New Projects……………………………....... 87 Graph: Sewer Debt …………………………………………………… 88 Criteria Points -Summary …………………………………………… 89 Individual Capital project Request …………………………………… 93 Existing Debt Schedule ………………………………………………… Water Enterprise Fund 99 Recommended Capital Budget…………………………….……….. 100 Requested Capital Budget Summary……………………………….. 101 Debt Service/Net Revenue Ratio Summary…………………………. 102 Graph: Water Debt …………………………………………………. 103 …………………………………………… Criteria Points Summary 104 Individual Capital project Request………………………………… 117 Existing Debt Schedule ……………………………………………… StevensEstateEnterprise Fund 123 Recommended Capital Budget…………………………….……….. 124 Requested Capital Budget Summary……………………………….. 125 ………………………… Debt Service/Net Revenue Ratio Summary 126 Criteria Points Summary…………………………………………… 127 ………………………………… Individual Capital project Request Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 e-mail: amaylor@northandoverma.gov Andrew W. Maylor Telephone (978)688-9510 Town Manager Fax (978)688-9556 December 12, 2016 Chairman Vaillancourt and the North Andover Board of Selectmen Dear Board Members: Pursuant to Chapter 9, Section 5 of the Town Charter, I hereby submit to you for your c for the for FY18 through FY22. The evaluation of CIP requests remains true to the process of prior years in that each project is rated and scored based upon accepted ranking criteria. At your strategic planning meeting held this past September, you once again affirmed the common goal to continue to implement practices which will result in establishing a sustainable municipality and ensure the stewardship of town assets. This Capital Improvement Program is predicated on achieving that goal by requesting funding which helps maintain our infrastructure and increases our ability to efficiently deliver services while controlling debt service as a percentage of operating revenues. It is also a primary tenet of the plan to compel department heads to think beyond the immediate term and focus on mid-range needs as well. Specifically, this CIP requests funding for annual building maintenance, roadway improvements, a modified Facilities Master Plan, various rolling stock, playground improvements, and information technology enhancements. Consistent annual capital investments in each of these categories will prevent us from returning to the days of deferred maintenance and reactionary responses to projects The Facilities Master Plan (FMP) which was approved by Town Meeting in 2012 has been arguably the single most successful initiative undertaken by the town during the past quarter century. When the plan was being developed there was an understanding that additional or replacement classrooms would be necessary. Not understanding exactly what that would mean at the time, a $1.5 million was placed in the FMP as a placeholder. Using dollars approved by Town Meeting in FY17 for the design of these classrooms, the town completed a space needs study for the elementary grades. That study, which included 4 options, was completed in November 2016 and presented to the School Committee. The School Committee and Superintendent chose an option which calls for the construction of a modular Kindergarten school building adjacent to the Early Childhood Center. For reasons which I have previously articulated under separate cover, I agree with their recommendation and have included funding for the new facility in FY18 of the CIP as the first, and likely only, major modification to the approved FMP. For the foreseeable future I will continue the practice of remaining focused on controlling debt service as a percentage of operating revenue. For the General Fund our target has been and continues to be at or below 5% unless circumstances arise, such as increased interest rates. The recommended General Fund CIP for FY18 results in a debt service to revenues percentage of 4.81% which is higher than FY17 when that percentage was 4.44%. However, for all five years of the CIP this percentage remains below the 5% target. -as-you- funding of capital projects. Therefore, the CIP assumes that all requests which comply with the criteria to be considered a capital project, but cost less than $50,000, will be included in the operating budgets of the respective requesting departments. Although the $25K minimum standard in our policy for a project to qualify as a CIP item is appropriate, altering the past practice when the budget allows is a sound financial practice. The targeted debt service to revenues percentage for the last several years for the Water and Sewer Enterprise Funds has been between 25%-28%. This is in sharp contrast to five years ago when that percentage was north of 40%. Consciously incurring less debt during the past five years has also resulted in increased retained earnings which in turn are used to increases pay- as-you-go capital spending mitigating the amount of debt even further. For FY18 the Sewer Enterprise Fund is projected to have a debt service to revenue percentage of 28.2% while the Water Enterprise Fund will continue its downward trend to 21.5% (well below the target). For the four out years of this CIP the debt service to revenue ratios for both the Water and Sewer Enterprise Funds will settle below the target which provides the town with flexibility if an unanticipated project is required. Please note that the debt service ratios assume a cost of capital of over 4% which is at least 75 basis point greater than current market. As a result of its improved financial condition, the Stevens Estate first appeared on the CIP in FY17. All projects recommended in FY17, FY18 and beyond will be funded 100% by the retained earnings of the Estate. Therefore, there is no debt service and no resulting debt service to revenue ratio. This CIP retains the enhancements made in previous years by including information on other sources of funding that are used for projects, such as state funded Chapter 90 dollars to be used to improve roadways, the use of Capital Stabilization funds, the repurposing of unused bond proceeds, and the use of retained earnings for various Enterprise Fund projects. In a similar vein, this year the CIP includes a significant allocation of (retained earnings). The total of $4,165,000 includes $4 million directed toward the recommended modification to the Facilities Master Plan that was referenced earlier. This will allow us to fund this critical project while maintaining the debt service to revenue ratio within our limits. The a reflection of our progress in building reserves during the past several years. It should be noted that a modification of this magn The recommended CIP for FY18-FY22 calls for total funding during the five year period of $39,146,858 with $30,126,858 of this total dedicated to General Fund projects, $7,010,000 for projects in the Water Enterprise Fund, $1,600,000 for the Sewer Enterprise Fund, and $410,000 for Stevens Estate projects. Of this amount $13,635,010 will be funded from outside sources, with the remainder of $25, 511,828 being bonded for periods ranging from 5 years to 20 years depending on the type of project or equipment. For FY18, General Fund Projects have a total cost of $ 9,647,500 ($ 3,912,500 net of outside sources). The Water Enterprise Fund requests for FY18 total $2,425,000, $1,212,500 of which will be funded by retained earnings. The Sewer Enterprise Fund recommendation is $100,000 that will also be funded by retained earnings . Funding of the approved Facilities Master Plan continues through FY19. With the recent opening of the renovated and expanded town hall the town has now completed the first four unique plan. As mentioned previously, the FY18 appropriation request includes funding for a new dedicated Kindergarten Facility and also dollars to design an expansion to the Senior Center. During this CIP five year period, we will also construct the expansion to the Senior Center, plan for Facilities Master Plan II and fund the first project identified in that plan. With more than $6.1 million recommended for street and sidewalk improvements and repairs, the continued commitment to this category remains intact for this CIP. Also, the Capital Stabilization Fund established several years ago will allow for the replacement of the artificial turf fields at the high school in FY18 and the addition of a carport and storage building for the Police Department in FY20. In addition to the modification of the Facilities Master Plan, the most notable changes to this CIP when compared to the FY17 plan is the funding of more the $400k to replace police and fire radios in FY19 and FY20 and the aforementioned carport/storage building. Current Past I have been quoted as saying Just because our looks better than our Future Today mean that our is still not dependent on the decisions we make This Five Year Capital Plan is at the heart of our commitment to be stewards of the community we are fortunate to serve. Major components associated with our goal to reduce average classroom size at the elementary level are included in this plan. This would not have been possible if we were still addressing excessive deferred maintenance in our public buildings. Our goal during the past five years has been to adopt and follow a thoughtful plan for ensuring progress and sustainability. That goal was also predicated on managing the financial impact of our infrastructure investments so as not to adversely impact service levels. The FY18-FY22 CIP embraces that goal and is respectful of its financial impact. I would like to thank Finance Director/Town Accountant Lyne Savage and Assistant Town Manager Ray Santilli for their invaluable assistance in developing the CIP. Both Lyne and I are available to respond to any questions or requests for information that you may have. Sincerely, Andrew W. Maylor Town Manager Cc: Finance Committee School Committee/Superintendent Division/Department Directors 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 NotListed-OtherPolice-Traffic/Other(non-emergencyonly)PotholeTrash&RecyclingDeadAnimalStreetLightOutageDPW-CatchBasin ResolvedResolvedResolvedResolvedReceivedResolvedResolvedResolvedReceivedResolvedResolved 393589.74359 PercentResolved: TotalResolved: TotalReports: CountofReportType November2016 NorthAndover ReportIt! 71933219121 CountofReportType DPW-OtherDPW-TreeHealthIssues/ Concerns ResolvedResolvedResolvedResolvedReceivedResolvedResolvedResolvedReceivedResolvedResolved Status Police-Traffic/Other(non-emergencyonly)Police-Traffic/Other(non-emergencyonly) Status HealthIssues/Concerns CountofReportType StreetLightOutage DPW-CatchBasin NotListed-Other Trash&Recycling ReportType DeadAnimal DPW-Other DPW-Tree ReportType Pothole 109876543210 Senior Center Monthly Report FY17 CategoryFY 17 TOTALS Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun. Community Education Book Club 5 7101414 50 Computer Classes 9 612138 48 ESA Educational Lectures13180 31 Lecture Series 70 1096610893 446 News & Views 112 118107101119 557 Meetings Held @ Center Cam Cable Meeting 12 12121212 60 ESA Group Leaders Meetings3244 13 ESA Support Group Meetings1616 32 Merrimack Valley Philarmonic 8 88810 42 NAMA 6 6666 30 Women's Veteran's Group 125 2525252525 OE Group 75 75757575 375 Friends Meeting000 0 Triad7816 31 COA Board Meeting12812 32 Community Projects Cuddles 109 901189657 470 Flea Market 0 Mr. Fix-It 5 7201016 58 Selectmen's Breakfast 0 Meals On Wheels1641164016091707 8237 1640 Congregate Meals 297 197332252322 1400 Fitness/Exercise General Fitness Classes 61 157179155194 746 Zumba 64 55107152143 521 Health Screenings Walk In Clinic 60 38534843 242 Foot Care 19 16172319 94 Massage Therapist46 23 445 Intergenerational Nursing Students448 61 45 Thompson School Student Social 0 Brooks School Students 0 Legal Assistance 2 41040 20 Outreach / Advocacy Brown Bag Program 45 36313132 175 Housing Outreach Cookouts 32 28 72 12 Home Visits/Outreach Visits 4 19311938 Office Consultation5762 20 Recreation Art Class182327 86 18 Bingo 204 235187179223 1028 Bowling121212 36 Bridge 270 298284279203 1334 Cards 45 46455448 238 Chess000 0 0 Computer Lab 33 45414246 207 Golf 35 92 57 Knitting & Crocheting 17 181924 95 17 Mahjong 10 10166 56 14 Quilting 4 5712 30 2 Scrabble 13 171418 82 20 Woodcarving 19 182611 95 21 Shine Counseling4923 36 Socials / Trips0 Fresh Table 103 120120 460 117 Socials - In House 37 1153785 376 102 Men's Breakfast252132 78 Day Trip 18 20250 70 7 Supper Club 24 1200 44 8 Socials - Off Site 8 0100 41 23 Tax Consultant 0 GRAND TOTALS per Month 3549 37003811377937670000000 Stevens Memorial Library — November 2016 Highlights The 2016 One Author, One Community series demonstrated the power of collaboration as activities occurred. Following months of planning, exceptional effort on the part of individuals, and with generous financial support from the community, the programs reached over 3,000 people. Author Jacqueline Woodson was chosen because her books complement North Andover's R.A.I•S.E. values. Events centered on her writing provided new opportunities for discussion amongst students and teachers, families, friends, and neighbors. Throughout the series, we witnessed people snaking new acquaintances, conversations that lead to insights into ourselves and others, and people having a good day in North Andover! One resident said she would have expected to go to Boston or Cambridge to attend such programs. Based on the goals of a Community Read program: to foster a sense of community by bringing people together and to promote literacy, we declare the, series a success. The Stevens Memorial Library and the North Andover School District thank the many people and organizations that made November a month to remember. Thank you to the One Author, One Community Committee members whose passion and organizational skills brought us all together. Thank you to our financial sponsors: Trustees of the Stevens Memorial Library, Friends of the Stevens Memorial Library, North Andover Community Programs, North Andover foundation for Education, North Andover Parent Resource Network, North Andover Schools Enrichment Council, Andover Pediatrics, Kumon Math and Reading Center of North Andover, Pentucket Bank, Georgetown Savings Bank, Salem Five Batik, Lawrence General Hospital, Butcher Boy, Edgewood Retirement Community, and several families. A North Andover Cultural Council grant and a Massachusetts Humanities grant also supported the programs. And, thanks goes to the merchants at First and Main Marketplace for sharing their windows for a Story Walk. Series events: • Amazing Hero Art with Rob Surette • Arts & Crafts with Diane artwork based Woodson's books became an exhibit in the Library • Discussion & Dessert at the Stevens Coolidge Place • Performance Poetry Worlrshop with the North Andover Poets Laureate • Slave Spiriluals to Hip Hop; The Social & Political History ofArnerican Music by Professor Kevin Comtois • Family Movie matinee: Zootopio • Author Jacqueline Woodson school program in the High School Fieldhouse • Author Jacqueline Woodson community program in the High School Auditorium • The Other Tradition school program with Professor William Smith at the High School • The Other D-adition community program with Professor William Smith at the Library • Story walks at the First & Main Marketplace and on the Library lawn. • Numerous reading, read -aloud, and discussions of Woodson's books in the High School, Middle School, the S elementary schools, the Library.