Loading...
HomeMy WebLinkAboutMiscellaneous - 3 JOHNSON STREET 4/30/2018 (2)CA CONSERVATION DEPARTMENT Community Development Division December 8, 2011 Center Realty Trust North Andover, MA 0 1845 RE: Tree and Stump Removal: Andover Street Field Per your email request of December 6, 2011, 1 discussed the emailed project description for fallen tree removal with members of the North Andover Conservation Commission (NACC). The members authorized the cutting of the trunk and removal of additional older trunk debris in the existing intermittent stream but did not authorize removal of the stump and roots from the stream bank without a further filing. Their concern is that work within a resource area should not be authorized administratively. If excavation and removal of the stumps is necessary, it will need to be permitted by the NACC and will require restoration. The following work is authorized: Cutting and removal of the remainder of the trunk and tree that fell in the summer of 2010. The stump may be cut flush and the remainder of the root ball allowed to fall back into place. Cutting and removal of the older tree debris in the channel behind the Brick Store Building. The stump may be cut flush with the ground. All machinery shall operate from upland areas adjacent to 26 Andover Street under frozen or dry conditions to prevent rutting and soil disturbance. No work shall occur in resource areas. Stumps shall not be removed and shall be left in place. Upon completion of the tree removal, all disturbed areas shall be properly stabilized and all debris shall be removed from the site and disposed of properly at an authorized brush dump facility. The applicant shall notify this department immediately following completion of work for a final site inspection. Please notify the Conservation Department prior to the start of work. Do not hesitate to contact me should you have any further questions or concerns in this regard. Sincerely, NORTH ANDOVER CONSERVATION COMMISSION Jennifer Hughes Conservation Administrator . 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com Fallen tree removal — Andover Street field, between Brick Store building and #26 Backaround In the summer of 2010, a pine tree exceeding 75 feet in height was toppled by a micro - burst storm into the field adjacent to 26 Andover Street. The root -ball of the tree was partially within a drainage ditch wetland, and more than half of it was raised above- ground (about 10 feet). The field into which it fell is owned by Center Realty Trust, a real estate holding company for the non-profit North Andover Historical Society. The field is maintained as mowed open space. The tree lay on a basically east -west line, parallel to Andover Street, with the root -ball at the eastern end; the root -ball is best observed near the rear of the municipal parking lot between Cochichewick Lodge and the North Andover Youth Center, on Johnson Street. Much of the upper part of the tree has been cut and removed, but the root -ball and thickest party of the trunk still await removal. Plan The trustees of Center Realty Trust propose to complete the tree removal. Recognizing that root -ball affects the drainage ditch wetland, they propose the following procedures, and seek Conservation Commission advice for wetland protection. I . The work will be performed by a tree company experienced in the removal of large trees. 2. A large material -handling vehicle will be used for transporting the removed material. It will transport (separately) the trunk and root -ball to Andover Street, for final delivery to disposal sites. No access to or from the municipal parking lot, or eastern bank of the drainage ditch, is planned. 3. Vehicle access to the site will occur from the driveway of 26 Andover Street, proceeding to the trunk and root -ball. It will be scheduled when the field ground is hard (likely frozen), to minimize impact of the vehicle to the field or adjacent wetlands. Removal equipment access to the fallen tree will be primarily from the north and west, avoiding disturbance of adjacent wetlands. 4. The trustees believe that removal of the root -ball is best for long-term use of the property, but recognize that a cavity will be left at the drainage ditch streambed. Following removal, it is proposed that there be consultation with the Conservation Administrator, as to mitigation techniques appropriate to wetland protection, and drainage flowage. It is anticipated that such mitigation may require specific plantings, compatible with the area, and the trustees will address such needs. Additional work While specialized equipment is in the area, the trustees propose to remove another large tree trunk which fell many years ago within a brushy area adjacent to the mowed field, but potentially disturbs drainage flow. The Conservation Administrator has seen this old fallen tree. Removal would be done by first pulling the trunk into the field, minimally affecting the wetland area. THE WAGNER LAW GROUFf A PROFESSIONAL CORPORATION DEBRA DYLESKI-NAJJAR ATTORNEY AT LAW 99 SUMMER STREET, 13 TH FLOOR FAX (617) 357-5250 BOSTON, MA 02110 dnajjar@wagnerlawgroup.com TEL (617) 357-5200 www.wagnerlawgroup.com UNCOMMON CAFE' AT THE GENERALSTORE Elie S. Najjar, General Manager The Uncommon Cafd at the General Store, LLC 1. The Executive Summary Uncommon Cafe at the General Store is a much needed business in the North Andover community. Busy families have limited time to prepare nutritious, affordable, and delicious dinners for the family to share and enjoy, Uncommon Cafe will provide high quality, reasonably priced, meals freshly prepared on site to eat in or take out. While most meals will have the ever so popular Middle Eastern flare, similar to the meals available at the former Bishop's Restaurant in Lawrence, specialty items also will be available or prepared to order. Keeping the "General Store" theme, Uncommon Cafe also will carry imported foods, primarily from the Middle East and Italy, which are not readily available in the North Andover community including sesame paste, imported olives, imported pickles, sauces, baklava and other dessert items. Fresh muffins and Starbucks coffee will be available in the morning, along with Middle East specialties such as Simpsum, a sweet sesame glazed bread, Zhatar a more tart breakfast bread, and freshly baked Syrian Bread. Luncheon and dinner items will include grape leaves, stuffed summer squash, stuffed peppers, kibbee, Middle East rice, lamb kabobs, chicken kabobs, houmus, taboulee, and other nutritious and delicious meals, roll -ups and salads. Located on busy Salem Street in the Old Town Center off Route 125 in North Andover ijSLdlolht��th ��he General Store is a prime location for Uncommon Cafe. There are no comparable high end take-out restaurants conveniently located in this general area, bakeries, or shops selling high end imported gourmet foods. II. Ownership, Business Structure and Operation A. Ownership During the 1970s and 1980s, I successfully operated a bakery in Lawrence and later a restaurant in Lowell. Since 1989, 1 have pursued a lucrative career in sales in the food service industry which allowed me the flexibility to balance children in a two -career household. Food preparation and entertaining have been my hobby and my passion. With a large gourmet kitchen in my home in North Andover, my wife and I regularly host neighborhood parties and gatherings. I also have catered various functions including several weddings, graduation parties, and holiday parties for neighbors, family and friends. B. Business Structure Uncommon Cafe will be established as a Limited Liability Corporation. I will be the General Manager on-site in the day to day business operation. My wife will be responsible for legal compliance matters. C. Staffinq The Hours of operation at the General Store will be 6 AM to 8 PM, Monday through Saturday. I will be on site during most of the business day. I anticipate hiring an "opener" to arrive at 5 AM to bake fresh muffins and begin brewing coffee for breakfast on the run from 6 AM to 11 AM. Then, Uncommon Cafe will serve lunch from 11 AM to 4 PM, and I anticipate a sous chef to help preparing sandwiches and salads for take out. In the early afternoon, I will begin preparing meals to be picked up for busy families on their way home from sports events, the youth center, and work. We will serve dinners from 4 PM to 8 PM, anticipating mostly take-out of our freshly prepared home - cooked meals on the run for busy families wishing to share the day around the dinner table. D. Prod ucts/Services n take-out home -cooked meals, with an emphasis on Middle East cuisine. Luncheon and dinner items will include grape leaves, stuffed summer squash, stuffed peppers, kibbee, Middle East rice, lamb kabobs, chicken kabobs, houmus, taboulee, and other nutritious and delicious meals, roll -ups and salads. We will have a small dininn r om. with annroximatt-1v R_R tqhlpq fnr fnmifia-z fn nin7. ,Lfy clll� ill 111� 'U". A gourmet section will specialize in sale of imported foods from Italy and Lebanon (e.g., tahini paste, nuts, Turkish Delight, olives, pasta, sauces), which are not currently readily available in North Andover, as well as on Lebanese and Italian cookies, pastries, and bread. From the current General Store, I will retain only the Armando's Slush, lottery ticket sales, and muffins. fee will switch to the Starbuck's line for- �tarbu�ck's franchise). We will require a second bath mm-as-giestauLa nt, including handicapped access. Fifteen (15) minute parking for pick-up should be reseae_d in front, with additional parkiFg:- * the Fear for customers. T—hes Fe_��illneedtobe renovated to accommodate a larger cooking and preparation area, coffee set-up, and display case for prepared items. Ill. Market Information North Andover is sorely in need of a high quality take out business serving high quality, affordable, home cooked meals. For the past 20 years, in addition to a successful sales career, I have been the "chef"for my family. The service which I have provided to my family -- assuring that my wife and children shared special time around the dinner table each evening - is something which we have cherished as a family. As I shepherded my children to their after school activities, I realized that many busy families rely heavily upon "take-out" and feel guilty about the frequency of times every week that they feed their families Chinese, pizza and McDonald's. Located next to the youth center and on busy Salem Street, Uncommon Cafe will allow families to enjoy freshly prepared home cooked and home style meals every evening - as my family does. My wife and I entertain a lot, and the Middle East cuisine is always a big hit. I have catered several parties and weddings with Middle East appetizers, and my neighborhood has encouraged me to open a business, such as Gourmet of the Run which will open my talents and passion for food outside our neighborhood. To avoid waiting, Uncommon Cafe will have a websit ith daily specials and the regular menu for orders to be emailed. Orders also can be called -in or faxed. At the present time, I do not anticipate -goy Platters for special events also can be pre-P-R-R-To—rpick-up, as well as "special order" for a favorite meal, roast, or other dinner. With a health conscious community, and ever growing concerns about childhood obesity and diabetes, busy families are seeking nutritious, well- balanced, low sodium, affordable meals. Yet, there are few businesses offering these home cooked meals for take out in North Andover. For those that offer take out, mostly it is pizza, Chinese, and sandwiches. None offer the popular Middle East cuisine. Further, the Syrian bread, hournous, taboulee, and babaganoug offered in the pre-packaged markets is not as palatable in taste or appearance, nor as fresh, as that offered by Uncommon Cafe. IV. Management I will be responsible for day-to-day operations with two -three part-time employees. My wife, Debra, will attend to compliance and legal matters. Our accountants, Toscano & Ardito, on Bay Field Road in North Andover, will be responsible for tax filings and accounting, assisted by a bookkeeper. My resume showing over thirty years experience in the restaurant as well as the food service industry is attached. V. Financial Information A small equipment loan may be required for new restaurant equipment. Generally, the operation will be financed from available assets. V. Other Information Recommendations and a sample menu are available upon request. Ehe S. Najjar 287 Webster Woods Lane o North Andover, Massachusetts 01845 o (978) 682-5679 EMPLOYMENT 2006 -Present Jackie Enterprises, Bloomfield, NJ Regional Sales Manager Responsible for developing northeast territory for distributor to dollar and discount stores. 2003-2006 Arrow Paper Corp., Wilmington, MA Territory Manager Responsible for developing territory from North Shore of Massachusetts to Concord, N.H. for paper, chemical and cleaning supply company. 1997-2003 Donahue Brothers Inc., Methuen, MA Outside Sales Representative Marketing coffee and food products to restaurant, hotel, school and health care industries. Territory includes eastern Massachusetts, southern and central New Hampshire. 1996-1997 Rykoff-Sexton, Norwood, Massachusetts Territory Manager Established sales territory in Merrimack Valley, selling both food and non-food items. 1993-1996 Hallsmith-Sysco, Norton, Massachusetts Outside Sales Representative Developed territory in the Merrimack Valley area selling food service items, medical care products, and janitorial supplies to schools, restaurants, hotels and nursing homes. Completed Northeast Regional Sales Training Program. Nominated for Massachusetts Restaurant Association sales -service award. 1991-1993 Star Paper Company, Haverhill, Massachusetts Outside Sales Representative Sales representative for local paper company selling paper products and industrial cleaning supplies. 1988-1990 John Hancock Insurance, Andover, Massachusetts Customer Service Representative Customer Service Representative and claims reviewer for state insurance contract. Responsible for interface with customers regarding claims and plan coverage. 1976-1987 Sayde's Restaurant, Lowell, Massachusetts Proprietor and Manager Owner and operator of bistro specializing in Middle Eastern and American cuisine. EDUCATION 1983 Lowell University, Lowell, Massachusetts MBA Program 1979 Lowell University, Lowell, Massachusetts Bachelor of Arts. Major: French. Minor: Education LANGUAGES Fluent Arabic, French and English. Conversational Spanish and Italian. INTERESTS Gourmet cooking, boating, family (Married, two children). REFERENCES Available Debra Dylesid-Najjar, Esquire 287 Webster Woods Lane o North Andover, Massachusetts 01845 o (978) 682-5679 o (508) 641-6197 (cell) Practice: Labor and employment law practice concentrating on representing employers before state andjederal courts as well as administrative agencies including the EEOC, NLRB, MCAD, NHHRC, Departments ofLabor, the OFCCP, the Immigration and Naturalization Service, and OSHRC Diverse practice with experience in all areas of employment discrimination, wrongful discharge, ERISA, FLSA, OSHA litigation as well as litigation involving other statutory and common laws relating to the workplace. In addition, assisting employers in managing union organizing drives, collective bargaining, and in developing policies andprograms to comply with state andjederal employment laws including developing workplace sqfety programs, drug -testing programs, affirmative action plans, employee handbooks, HIPAA compliance programs, and supervisor training programs. Also advising employers concerning reductions in force, severance agreements, executive compensation agreements, non -competition agreements, independent contractor agreements, union avoidance, hiring of aliens, and other issues affecting the workplace. Work Experience: The Wagner Law Group, PC Boston, MA 0 Partner (February, 2005 -Present) Hinckley, Allen & Snyder LLP Boston, MA Labor and Employment Practice Group Partner (January 2000 — February, 2005) Of Counsel (October 1997 — December 1999) Friedman & Atherton Boston, Massachusetts a Of Counsel (March 1996 - October 1997) Wiggin & Nourie, PA Manchester, New Hampshire Shareholder/Partner (January 1994 - March 1996) Sr. Associate (April 1989 - December 1993) 4 Education: Admission to Bar: Professional Memberships: Publications: Chairman, Labor and Employment Group (1989 - 1996) Choate Hall & Stewart Boston, Massachusetts N Associate (November 1984 - April 1989) Peabody and Brown Boston, Massachusetts M Associate (October 1983 - October 1984) Boston University School Of Law, J.D., 1983 summa cum laude (3d in Class) Editor, Boston University Law Review Wellesley College, B.A., 1980 summa cum laude, phi beta kappa 0 Massachusetts, 1983 5 New Hampshire, 1989 0 U.S. District Court, District of Massachusetts, 1984 5 U.S. District Court, District of New Hampshire, 1989 E U.S. Court of Appeals (First Circuit), 1984 0 U.S. Supreme Court, 2000 a American Bar Association a Association of Trial Lawyers of America (Associate Member since 2003) 0 Massachusetts Bar Association, Labor and Employment Law Section 0 New Hampshire Bar Association - Chairman, Labor and Employment Section (1993 - 1994); Continuing Legal Education Committee (2001 - Present) 0 New Hampshire Business and Industry Association, Human Resource Cornmittee (1989 - Present) N National Association of College and University Attorneys (2002 -present) 0 Society of Human Resource Management (2005 - present) NLRB Jurisdiction over Government Contractors, 62 B.U.L.Rev. 1197 (1982) • Professional Unions in the Health Care Industry.. 17 Loyola Univ.Law Journal 383 (1986) • Board's Proposed Rules on Health Care Bargaining Units, Mass. Bar Labor Law Newsletter Vol. V11, No. I (Fall 1988) • The New Ergonomics Rule — What Does It Mean and How do Employer's Comply? If Repealed, Will the General Duty Cause Apply, Lorman Business Enterprises (2001) • Recordkeeping and Reporting Under OSHA — OSHA's New Recordkeeping Regulations, Lorman Business Enterprises (2001) • The New Hampshire Safety Program Requirementfor Employers with Ten or More Employees — Drafting a Safety Plan, Lorman Business Enterprises (2001) • Overview of the Immigration (Permanent or 'Green Card) System, Lonnan Business Enterprises (2001) • Not -So -Miscellaneous Issues, Lorinan Business Enterprises (2001) • Sexual Harassment: Preserving Your Affirmative Defense, Lorman Business Enterprises (2001) • The Family and Medical Leave Act: The Hoops and Hurdles ofEmployer Compliance, Lorman Business Enterprises (2001) • The Employment At- Will Doctrine, Lonnan Business Enterprises (2001) • OSHA in the Workplace: Not Just in the Factory Anymore, Lorman Business Enterprises (2001) • Recent Developments In State and Federal Law, Lorman Business Enterprises (2001) • ADEA, Lorman Business Enterprises (2001) • Massachusetts Employment Update, Lorinan Business Enterprises (2000) • Update of Recent Developments Concerning the Family and Medical Leave Act of 1993 (FMLA), Lorman Business Enterprises (2000) • Recordkeeping Regarding Occupational Safety and Health, Lonnan Business Enterprises (1999). • Recordkeeping Regarding Title VII, Americans With Disabilities Act, The Equal Pay Act, ADEA, and Affirmative Action, Lonnan Business Enterprises (1999) • Wage and Hour Update for the Health Care Industry — Who Must Be Paid Overtime and How Is It Calculated? Lorman Business Enterprises (1999) • Recent Developments in NLRB Law in the Health Care Industry, Including Recent Organizing Tactics by Health Care Unions, Lorman Business Enterprises(I 999) • Family and Medical Leave, Lorman Business Enterprises (1999) • Other 'Time Off Granted in the Employer's Discretion, Lorman Business Enterprises (1999) • The New Hampshire Safety Program Requirementfor Employers with 10 or More Employees — Drqfting a Safety Plan, Lorman Business Enterprises (1998) • Recordkeeping and Reporting Under OSHA: OSHA 200s, What Needs to be Recorded and What Information Needs to be Retained and For How Long? Lorman Business Enterprises (1998) • Recordkeeping Regarding Occupational Safety and Health, Lorman Business Enterprises (1998) • Recordkeeping Regarding Title VII, Americans with Disabilities Act, the Equal Pay Act, ADEA and Affirmative Action, Lorman Business Enterprises (1998) • Evolving Law of Wrongful Discharge, Lorman Business Enterprises (1998) • Update OfMassachusetts and Federal Employment and Labor Law, Lorman Business Enterprises (1998) • Update on Union Organizing Activity in Massachusetts, Modern Union Organizing Techniques, Lorman Business Enterprises (1998). Selected Reported Decisions: E. Bridge, LLC v. Chao, 320 F.3d 84 (1" Cir. 2003). 0 Turner v. Brave River Solutions, Inc., Civil No. 02- 148 -JD; 2003 U.S. Dist. LEXIS 10298 (D. NH June 18,2003). 0 Modem Continental Construction Co. v. QSHRC, 305 F.3d 43 (Is' Cir. 2002). N Labombard v. Textron Automotive Interiors Co., 215 F.3d 1312 (1" Cir. 2000). 0 Modem Continental/Obayashi v. QSHRC, 196 F.3d 274; 18 OSHC (BNA) 1961 (Is' Cir. 1999). E Sturm, Ruger & Co. v. OSHA, 186 F.3d 63 (1 s'Cir. 1999). 0 Morais v. Central Bev. Corp., et al., 167 F.3d 709 (I" Cir. 1998). N Camelio v. American Fed'n, 137 F.3d 666; 157 L.R.R.M. 2661 (Is'Cir. 1998). 0 Miller v. CBC Cos., 908 F. Supp. 1054; 5 Am. Disabilities Cas. (BNA) 1187 (D. NH 1995). 0 CharitablelCivic Involvement. Special Honors: KA999MA0006171DOC In re: Assembled Interests CoEp., 117 B.R. 3 1 (1990). a Women's Business Center, Vice-Chair/Board of Directors (2005 -Present) 0 Hospice Care Inc., Board of Directors (2004 - Present) E Austin Preparatory School, Parents' Advisory Council (2001 — 2004) 0 Merrimack Valley Chamber of Commerce (1997 - Present) 0 New Hampshire Bar Association (1989 - Present) 0 New Hampshire Bar Association's CLE Committee, Labor & Employment Section Liaison and Member, Moderator Annual Labor and Employment Update Program (2001 - Present) New Hampshire Business and Industry Association, Human Resource Committee (1989 - 2005) Zoning Board of Appeals for the City of Lawrence, Board Member (1998 through 2000); Secretary (1999 through 2000) Frequent lecturer for Lorman Business Enterprises, National Business Institute, and Council on Education in Management E Boston University School of Law: Charles A. Rome Scholar Barrecca Labor Prize Berger Achievement Award Harold Linsky Award National Labor Moot Court Team a New Hampshire Editions: Recognized as one of New Hampshire's Leading Employment Law Attorneys (July 1994) 0 Leadership New Hampshire, Class of 2005 a Who's Who Among US Executives and Professionals 2005 N Super Lawyer (October, 2006) N Top 10 Women Lawyers in Boston (2005) 9 uoijonjisuoo eam 42t,:ai go ao oaa CD CD uoijonjisuoo eam 42t,:ai go ao oaa IR v Flo 4% All elk lk Ilk ; iff flu 4_t4 CERTIFICATE OF ORGANIZATION OF UNCOMMON CAFE AT THE GENERAL STORE, LLC For the purposes of forming a limited liability company (the "Company") pursuant to the Massachusetts Limited Liability Company Act, M.G.L. ch. 156C (the "Act"), the undersigned hereby certifies as follows: 1. Name. The name of the limited liability company is Uncommon Caft at the General Store, LLC. 2. Address. The address of the principal office of the Company and the location at which its records will be maintained is: 287 Webster Woods Lane, N. Andover, MA 01845. 3. Purpose. The purposes for which the Company is formed are to retail beverages, food and merchandise, and to engage in any other business or activity that may lawfully be engaged in by a limited liability company formed pursuant to the Act. Such purposes shall include the doing of all things incident thereto or connected therewith. 4. Indefinite Term. The Company shall not have a specific date of dissolution. 5. Managers. The name and the business address of the manager of the Company (the "Manager") are as follows: Elie S. Najjar 287 Webster Woods Lane N. Andover, MA 01845 6. Resident Agent. The name and business address of the Company's resident agent for service of process in Massachusetts are: Elie S. Najjar, 287 Webster Woods Lane, N. Andover, MA 01845. 7. Authorized Signatories - Secretary of State. The Manager is authorized to execute documents to be filed on behalf of the Company with the Secretary of State of the Commonwealth of Massachusetts. 8. Authorized Signatories - Real Estate Documents. The Manager is authorized to execute, acknowledge, deliver and record, on behalf of the Company, any recordable instrument purporting to affect an interest in real property, whether to be recorded with a registry of deeds or with a district office of the Land Court. The undersigned has executed this document under seal as of the day of r 2006. Ralph J. Rivkind Sole Organizer K:\99917\AO006163.DOC2 A04.72115.DOC;l