HomeMy WebLinkAbout2014-06-23 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01.845
Rosemary Connelly Smedile Chairman N '•
William F. Gordon TEL. (978)688-9510
Donald B. Stewart FAX(978)688-9556
Richard M.Vaillancourt
Tracy M.Watson
BOARD OF SELECTMEN&LICENSING COMMISSIONERS
AGENDA
MONDAY,JUNE 23,2014 at 7:00 PM
TOWN HALL MEETING ROOM
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. June 9,2014 Open Session Minutes,as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Special 100th Birthday Recognition—Gertrude Paradis
V. CONSENT ITEMS
A. Approve 20-Year Lease Agreement between Town of North Andover and SBA Steel LLC for a
wireless communications facility at 723 Osgood Street(Stevens Estate)
B. Monique Morimoto of"SoulWorks Rhythm"requests for group to participate as drummers supporting
the runners for the 4th of July Road Race
C. Rev.Kevin Deeley of St.Michael Parish requests to use Town Common for their annual service and
picnic on September 14,2014,from 12:00 noon to 4:00 p.m.
D. Acceptance of Donation from Pentucket Bank($1,000)for 4th of July Fireworks display
E. Acceptance of Donation from Lowell Five Savings Bank($5,000)for 4th of July Fireworks display
F. Appointments
1. Board of Selectmen Appointments to Boards&Committees
2. Town Counsel Appointment—Urbelis&Fieldsteel,LLP
3. Special Counsel Appointment—Kopelman&Paige,P.C.
4. Special Counsel Appointment—Collins,Loughran&Peloquin
G. Acceptance of`Declaration of Protective Use Covenants,Conditions and Restrictions' for
1018 Osgood Street,North Andover
H. Approval of Preservation Restriction Agreement for the Captain Nathaniel Stevens House,
140 Academy Road,North Andover
L Approval of`Inter-Agency Police Mutual Aid Agreement' of Essex County Chiefs of Police
Association
VI. LICENSING COMMISSIONERS
A. H.Cesar Alanis of 17 Massachusetts Avenue Automobiles,Inc. (d/b/a John's Auto Sales)requests a
Class II License to open a used car dealership at 17 Massachusetts Avenue0
B. Philip Spitalere of North Andover VFW Post 2104 requests two(2)One-Day Wine&Malt Licenses
for the 4th of July Celebration on the Town Common on July 3,2014 from 4:00 p.m.to 10:00 p.m.
and July 4,2014 from 9:00 a.m.to 10:00 p.m.
C. Review of Smolak Farms'Entertainment License
D. Michael Smolak of Smolak Farms requests seven(7)One-Day Wine&Malt Licenses for the Whim
Dinner Series from 6:00 p.m.—10:00 p.m. on the following dates: July 9,July 16,July 23,July 30,
August 6,August 13,and August 20,2014(in tent)
E. Michael Smolak of Smolak Farms requests a One-Day Wine&Malt License for Mindess/Cohan
rehearsal dinner on July 11,2014 from 6:00 p.m.to 10:00 p.m.(in barn)
F. Michael Smolak of Smolak Farms requests a One-Day Wine&Malt License for Barnett/Hoffinan
wedding on July 12,2014 from 5:00 p.m.to 10:00 p.m.(in tent)
G. Michael Smolak of Smolak Farms requests a One-Day Wine&Malt License for Butterfield/Gagnon
wedding on July 19,2014 from 4:30 p.m.to 10:00 p.m. (in tent)
VII. PUBLIC HEARING
VIII. OLD BUSINESS
A. Signing of Documents for Recording Street Acceptances—Nutmeg Lane,Periwinkle Way,
Thistle Road and Empire Drive
IX. NEW BUSINESS
X. PUBLIC COMMENT
XL TOWN MANAGER'S REPORT
A. `Ask the Manager'
B. Town Manager Appointments
C. Notice from State Lottery Commission—Den Rock Wine&Spirits,54 Peters St. selling KENO To Go
D. Job Posting/Vacancy Log
XII. BOARD REORGANIZATION
A. Nomination and Vote for Officers
XIII. NEXT MEETING DATE
July 21,2014
XIV. ADJOURNMENT
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Communications
And
Announcements
Certificate of RECOGNITION
Presented to
Gertrude H. Paradis
The Town of North Andover wishes you a
Happy Birthday upon reaching the special milestone
of 100 years old on July 4, 2014.
Presented by the
North Andover Board of Selectmen
June 23, 2014
Rosemary Connelly Smedile, Chairman
Approval of Minutes
BOARD OF SELECTMEN MINUTES JUNE 9, 2014
CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall
Meeting Room.
ATTENDANCE: The following were present: Rosemary Smedile Chairman; Richard Vaillancourt, Clerk;
Tracy Watson, Licensing Chairman; Donald Stewart, William Gordon, and Andrew Maylor, Town Manager
and Ray Santilli, Assistant Town Manager.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by William Gordon, to approve the Open Session
Minutes of May 20, 2014 as written. Vote approved 5-0.
COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT:
Certificate of Achievement for Excellence in Financial Reporting for FY1'3
The Certificate of Achievement for Excellence in Financial Reporting for F=Y13 has been awarded to the
Town of North Andover by the Government Finance Officers Association (GFOA) for its comprehensive
annual financial report. The Certificate of Achievement is the highest form of recognition in the area of
governmental accounting and financial reporting.
CONSENT ITEMS:
Request by Festival Committee to use Town Common for Annual 4th of July Celebration from July 3 at
1:00 p.m. to July 4, 2014 at 11:00 p.m.,
The Festival Committee is requesting to use the Town Common for the Annual 4th of July Celebration
from Thursday, July 3rd at 1:00 p.m. to Friday July 4th at 11:00 p.m. They are also requesting that the
Massachusetts Avenue from Osgood Street to Academy Road be closed to traffic on July 3 ra from 5:00
p.m. to 9:00 p.m. and on July 4th from 6:00 a.m.to 5:00.p.m• All relevant Town Departments recommend
approval.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve
the request of the Festival Committee to use the Town+Common for the Annual 4th of July Celebration
from Thursday, July 3rd at 1:00 p.m. to Friday July 4th at 11:00 p.m. They are also requesting that the
Massachusetts Avenue from Osgood Street to Academy Road be closed to traffic on July 3" from 5:00
p.m. to 9:00 p.m. and on July 4th from 6:00 a.m. to 5:00 p.m. also to include the curb cuts for Handicap
Parking around the common. Vote approved 5-0.
Jake McDonald of the Program (on behalf of Merrimack College) requests to use Stevens Pond on
Friday June 20 2014 from 8:00 a.m. to 11:30 a.m. for Student Orientation Leaders Traininq.
Jake McDonald of The Program is requesting to use Stevens Pond on Friday, June 20 for Student
Orientation Leaders Training for Merrimack College. Approval is recommended
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approves the
request of Jake McDonald to use Stevens Pond on Friday, June 20, 2014 from 8:00 a.m. to 11:30 a.m. for
Student Orientation Leaders Training for Merrimack College. Vote approved 5-0.
Request by North Andover Country Club for proposed expansion of parking areas
On behalf of the North Andover Country Club, The Morin-Cameron Group, Inc. is requesting to pay for the
cost of widening approximately 100' of Great Pond Road to provide four(4) dedicated public parking
spaces that will not impede traffic on the road
Donald Steward made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approves the
request of the North Andover Country Club to pay for the cost of widening approximately 100' of Great
Pond Road to provide four dedicated public parking spaces and to coordinate such efforts with the Public
Works Department and other appropriate Town department(s). Vote approved 5-0.
Board of Selectmen Minutes 2014 2
Ray Sirois of North Andover Lion's Club requests a waiver of the Building Permit Fees to erect circus tent
The Lions' Club will be holding its annual circus fundraiser in the rear of the North Andover Middle School
on July 5-6, 2014. They are requesting the Board waive the Building Permit fee to erect the circus tent.
Tracy Watson made a MOTION, seconded by William Gordon, that the Board of Selectmen waives the
Building Permit fee for the Lions' Club to erect the circus tent for their annual fundraiser. Vote approved
5-0.
Christopher Marshall of the Borderline Running Club requests permission to hold Annual 4th of July Road
Races on July 4, 2014 starting at 7:00 a.m.
The Borderline Running Club is requesting permission to hold a 4th of July Road Race in the Old Center
area and for use of the Town Common. The race will include a Kids Fun Run, a 5K, and a 10K. All
relevant Town Departments recommend approval. More information is available at www.OuIV4thrace.com
Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the
request of the Borderline Running Club to hold a 4th of July Road Race and use of the Town Common on
July 4, 2014 starting at 7:00 a.m. Vote approved 5-0.
Sylvie Foulds of North Andover Merchants Association request to use Town Common for their 3 I Annual
Fall Festival on September 27 2014 from 10:00 a.m. to 4:00 p.m.
Sylvie Foulds of the North Andover Merchants Association is requesting to use the Town Common for
their 3rd Annual Fall Festival on September 27, 2014 from 10:00 a.m. to 4:00 p.m. and to close
Massachusetts Avenue from Osgood Street to Academy Road during the event. All relevant Town
Departments recommend approval.
William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen
approves the request of North Andover Merchants Association to use the Town Common for their 3rd
Annual Fall Festival on September 27, 2014 from 10:00 a.m, to 4:00 p.m. and to close Massachusetts
Avenue from Osgood Street to Academy Road during the event. Vote approved 5-0.
Request to Dispose of Surplus Equipment— Police Department
Per the Town Policy regarding surplus equipment, please see the memorandum in your packets from
Police Chief Paul Gallagher.
Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves
the request of Police Chief Paul Gallagher to dispose of surplus gym equipment per his memo to the
Town Manager dated June 2, 2014. Vote approved 5-0.
Waiver of Building Fees for various projects at Scholfield Mill, 170-172 Sutton Street
The Board is asked to approve waiving any and all building fees for various projects at Scholfield Mill.
These include several CPA funded projects (roof replacement, window replacement, etc.)and the
construction of a small addition approved as part of the FY15 CIP at the recent Annual Town Meeting.
Waiver of all fees associated with the building of a new Fire Station at Chickering Road and Prescott
Street
The Board is asked to approve waiving all fees associated with the building of a new Fire Station at
Chickering Road and Prescott Street. This would include filing fees with the Planning Board and Zoning
Board of Appeals as well as building fees.
Waiver of all fees associated with the Redevelopment of McEvoy Field project
The Board is asked to approve waiving all fees associated with the Redevelopment of McEvoy Field
project.
Waiver of Building Fees for new wall openings project at Atkinson School
The Board is asked to approve waiving building fees for installation of new wall openings for interior
borrowed light units at Atkinson School.
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Board of Selectmen Minutes 2014 3
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen waives
any and all building fees for various projects at Scholfield Mill, 170-172 Sutton Street, the building of a
new Fire Station at Chickering Road and Prescott Road, with the Redevelopment of McEvoy Field
project, and for the wall openings project at Atkinson School. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen waives
any and all other fees related to the above projects. Vote approved 5-0.
Municipal Purpose Loan
The Board of Selectmen was asked to vote and then sign the Municipal Purpose Loan of 2014 Bonds.
I, the Clerk of the Board of Selectmen of the Town of North Andover, Massachusetts (the
"Town"), certify that at a meeting of the board held June 9, 2014, of which meeting all members of the
board were duly notified and at which a quorum was present, the following votes were unanimously
passed, all of which appear upon the official record of the board in my custody:
Voted: that the sale of the $8,448,688 General Obligation Municipal Purpose Loan of
2014. Bonds of the Town dated June 18, 2014 (the "Bonds"), to First Southwest Company at the
price of$8,647,976.88 and accrued interest, if any, is hereby approved and confirmed. The
Bonds shall be payable on June 15 of the years and in the principal amounts and bear interest at
the respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2015 $563,688 2.00% 2024 $435,000 2.50%
2016 560,000 2.00 2025 330,000 3.00
2017 560,000 2.00 2026 335,000 100
2018 565,000 2.00 2027 335,000 3.00
2019 565,000 3.00 2028 340,000 3.00
2020 420,000 3.00 2029 345,000 3.00
2021 425,000 2.50 2030 350,000 3.00
2022 430,000 2.50 2034 1,465,000 3.25
2023 425,000 2.50
Further Voted: that the Bonds maturing on June 15, 2034 (a "Term Bond") shall be
subject to mandatory redemption or mature as follows:
Year Amount
2031 $355,000
2032 365,000
2033 370,000
2034* 375,000
*Final Maturity
Further Voted: to approve the sale of a $660,000 0.45 percent General Obligation Bond
Anticipation Note of the Town dated June 18, 2014, and payable June 18, 2015 (the"Note"), to
Century Bank at par.
Further Voted: that in connection with the marketing and sale of the Bonds, the
preparation and distribution of a Notice of Sale and Preliminary Official Statement dated May 22,
2014, and a final Official Statement dated June 4, 2014 (the"Official Statement"), each in such
form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed,
approved and adopted.
Board of Selectmen Minutes 2014 4
Further Voted: that the Bonds shall be subject to redemption at the option of the Town
upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are,
authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC
Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking
shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from
time to time.
Further Voted: that we authorize and direct the Treasurer to establish post issuance
federal tax compliance procedures in such form as the Treasurer and bond counsel deem
sufficient, or if such procedures are currently in place, to review and update said procedures, in
order to monitor and maintain the tax-exempt status of the Bonds:
Further Voted: that each member of the Board of Selectmen, the Town Clerk and the
Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and
deliver such certificates, receipts or other documents as may be determined by them, or any of
them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
I further certify that the votes were taken at a meeting open to the public, that no vote was taken
by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda
included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a
manner conspicuously visible to the public at all hours in or on the municipal building that the office of the
Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or
approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including
Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the
time of the meeting, that no deliberations or decision in connection with the sale of the Bonds were taken
in executive session, all in accordance with G.L. c.30A, §§18-25 as amended.
Dated: June 9, 2014 M-
Clerk of the Board of Selectmen
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve and sign the Municipal
Purpose Loan of 2014 Bonds. Vote approved 5-0.
Town Manager's Appointment to the Planning Board—Lynne Rudnicki from Associate Member to Full
Member
Per the Town Charter, Chapter 4, Section 4, the Board is asked to approve my appointment of Lynne
Rudnicki from Associate Member to Full Member of the Planning Board. ,
Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves
the Town Manager's appointment of Lynne Rudnicki from Associate Member to Full Member of the
Planning Board for a term ending June 3p, 2017. Vote approved 5-0.
LICENSING COMMISSIONERS:
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Armen Jeknavorian of St. Gregory Armenian Church requests a One Day All Alcohol License for Men's
Annual Cigar Night Fundraiser on June 12, 2014 from 6:00 p.m. to 11:30 p.m.
Rosemary Smedile made a MOTION, seconded by William Gordon that the Board of Selectmen, acting
as Licensing Commissioners, approves a One-Day All Alcohol License for St. Gregory Armenian Church
on June 12, 2014 from 6:00 p.m. to 11:30 p.m." Vote approved 5-0.
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Board of Selectmen Minutes 2014 5
Michael Smolak of Smolak Farms requests a One Day Wine & Malt License for Surprise Party on June
28 2014 from 6:00 p.m. to 10:00 p.m. (in barn)
Michael Smolak of Smolak Farms requests a One Dav All Alcohol License for Desmond/ Leblanc wedding
on June 28, 2014 from 5:00 p.m. to 10:00 p.m. (in tent)
Michael Smolak of Smolak Farms requests a One Day All Alcohol License for Roberts/Vezeau wedding
on July 5, 2014 from 5:00 p.m. to 10:00 p.m.
Michael Smolak and Ashley Piazza appeared before the Board to request one-day alcohol licenses for a
surprise party and two weddings. Mr. Smolak informed the Board of the changes he has made moving
the dance floor to a new location, the amplifiers were moved away from the neighborhood and the
absorption curtains have been ordered and expected in about three weeks.
Licensing Chairman Tracy Watson pointed out to Mr. Smolak that the Board received notice yesterday
that the sound barriers were not in place and ordered just a few days ago and that was not acceptable.
They stated that the Board granted the entertainment license and it was contingent upon all of the
stipulations put forth back in January 2014 were completed before the events took place.
Selectman William Gordon expressed anger that Smolak did not install the sound barriers to reduce the
level of sound at the events. Smolak had all winter to get these in place and although events were being
booked the barriers were not even ordered until June 3, 2014. Smolak has put the Board in a bad,place.
Now the Board will have to amend the entertainment license because Smolak is not in compliance. The
Board told Smolak that he would have to inform all potential customers that there will be no music after
July 5th until these issues are resolved.
The Board said that Smolak would have to appear at their next meetin on June 23rd with a resolution.
The Board said they would approve the events on June 28th and July 5 h because they did not want to
spoil any brides and grooms weddings.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen,
acting as Licensing Commissioners, approve a One-Day Wine & Malt License for Smolak Farms on June
28, 2014 from 6:00 p.m. to 10:00 p.m. and a One-Day All Alcohol License for Smolak Farms on June 28,
2014 from 5:00 p.m. to 10:00 p.m. and a One-Day All Alcohol License for Smolak Farms on July 5, 2014
from 5:00 p.m. to 10:00 p.m. Vote approved 5-0.
Philip Hunter of Merrimack College requests a One Day Wine & Malt License at McQuade Library on
June 24, 2014 from 4:00 p.m. to 8:00 p.m.
Philip Hunter of Merrimack College requests a One Day Wine & Malt License at McQuade Library on
June 26, 2014 from 4:00 p.m. to 8:00 p.m.
Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen, acting
as Licensing Commissioners, approves a One-Day Wine & Malt License for Merrimack College at
McQuade Library on June 24, 2014 from 4:00 p.m. to 8:00 p.m. and on June 26, 2014 from 4:00 p.m. to
8:00 p.m." Vote approved 5-0.
David Yee of China Blossom Restaurant, 946 Osgood Street, requests an Alteration of Premises License
to add outdoor seating
Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting
as Licensing Commissioners, approves an Alteration of Premises License to China Blossom Restaurant,
946 Osgood Street, to add outdoor seating. Vote approved 5-0.
Kamal Zefta requests Common Victualler and Entertainment Licenses for Falafel Cafe & Grill at 1060
Osgood Street
Board of Selectmen Minutes 2014 6
Donald Stewart made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting
as Licensing Commissioners, approves Common Victualler and Entertainment Licenses for Falafel Cafe
& Grill at 1060 Osgood Street. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Donald Stewart, to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
PUBLIC HEARING:
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to enter a Public Hearing regarding
Pole Petitions for Lisa Lane and Abbott Street.
Roll Call vote: William Gordon yes, Donald Stewart:yes, Rosemary Smedile yes, Richard Vaillancourt,
and Tracy Watson yes. Vote approved 5-0.
National Grid Pole Petitions— Lisa Lane and Abbott Street
Dave Boucher spoke of behalf of National Grid for the pole petitions on Lisa Lane and Abbott Street.
Tracy Watson made a MOTION, seconded by Donald Stewart to close a Public Hearing on National Grid
Pole Petitions— Lisa Lane and Abbott Street.
Donald Stewart made a MOTION, seconded by Tracy Watson, to approve National Grid pole petition
#16565903 Lisa Lane— Install (2) 3" concrete encase conduits +/- 15 ' from hand hole#997 to the private
property line of driveway to 100 Lisa Lane and to approve National Grid pole petition# 15934037 Abbott
St. — Install (2) 3" conduits +/-10, in the public way to the property line of lot 2 and lot 3 and then into
private property to a hand hole, to provide electric service to the 2 lots. Vote approved 5-0.
Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, Richard Vaillancourt,
and Tracy Watson yes. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Town Manager Andrew Maylor informed the Board that interviews were conducted for the search for a
new Town Planner and a decision will be made in the next few weeks.
Capital Projects Status Report
Assistant Town Manager Ray Santilli gave a status summary of on-going capital projects such as the
School Department Administration Building, Redevelopment of McEvoy Field, Stevens Estate, Schofield
Mill Renovations, and Central Fire Station.
Police Department— May 2014 Crime Statistics
A summary of May 2014 crime statistics was provided by Police Chief Paul Gallagher
Fire Department—May 2014 Activity Reports
A summary of May 2014 Activity Report was provided by Fire Chief Andrew Melnikas.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by William Gordon, to adjourn the meeting at 8:45 p.m. Vote
approved 5-0.
Adele J. Johnson
Executive Assistant
Richard Vaillancourt, Clerk of the Board
Consent Items
TOWN OF NORTH ANDOVER
LEASE AGREEMENT #
THIS LEASE AGREEMENT("Agreement")dated as of the last date below, is entered into by the TOWN
OF NORTH ANDOVER, 120 Main Street, North Andover MA 01845 ("Town") and SBA STEEL LLC, 5900
Broken Sound Parkway NW, Boca Raton FL 33487("Tenant").
The Town owns that certain parcel of land, together will all rights and privileges arising in connection
therewith, known as the Stevens Estate, located at 723 Osgood Street,North Andover MA 01845 (Assessor's Map
35, Parcel 23; Essex North Registry of Deeds Book 4197, Page 63) ("Property"). Tenant desires to use a portion of
the Property in connection with its federally licensed wireless communications business.
The parties agree as follows:
1. LEASE OF PREMISES. The Town leases to Tenant a certain portion of Property containing
approximately 1,600 square feet as described in attached Exhibit 1, together with non-exclusive easement(s) for
reasonable access thereto and to the appropriate, in the discretion of electric and telephone utilities, in the locations
approximately shown in Exhibit 1 ("Premises).
2. PERMITTED USES. (a) Tenant may use the Premises for the transmission and reception of wireless
communications signals and the installation, maintenance, operation, repair and replacement of its communications
fixtures and related equipment, cables, accessories, back-up power sources (including generators and above-ground
fuel storage tanks) and related improvements ("Communications Facility"); such use includes the right to test,
survey and check title on the Property and the right to construct a monopole, associated antennas, an equipment
shelter or cabinet, and fencing and any other items reasonably necessary to the successful and secure operation of
the Communications Facility. The Tenant has the right to install and operate transmission cables from the
equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet,
and communications lines from the main entry point to the equipment shelter or cabinet, and to make Premise and/or
Property improvements, alterations, or additions appropriate for Tenant's use ("Tenant Changes"), Tenant Changes
include the right to construct a fence around the Premises and undertake any other reasonably appropriate means to
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page I
secure the Premises. Tenant agrees to comply with all applicable governmental laws, statutes, rules and regulations
relating to its use of the Communications Facility on the Property. Tenant will be allowed to make such alterations
to the Property in order to accomplish Tenant's Changes or to ensure that Tenant's Communications Facility
complies with all applicable federal, state and/or local laws, rules and regulations. Tenant shall not install any
lighting on the Tower (defined below) unless required by the Federal Aviation Administration ("FAA"). In the
event the FAA requires lighting on the Tower, all lighting installed on the Tower will comply with applicable FAA
rules, regulations and requirements, and such lighting will not be materially greater in number or intensity than that
required by the FAA. Tenant shall not use the Premises for any other purpose without the written consent of the
Town.
(b) The Communications Facility will consist of the installation of one free-standing monopole, not to
exceed 100 feet in height without the Town's prior written consent, with internal antennas capable of
accommodating one or more federally licensed carriers("Tower"), Any additional structures,including structures to
house equipment and utility connections necessary for operation of the Communications Facility, shall be designed
and located to have (1) minimal impact on the existing use of the Property and (2) minimal visual impact on the
surrounding land, and (3) shall be no greater than 480 square feet in size and one story in height, as approximately
shown in Exhibit 1, without Town's prior written consent. Existing vegetation, suitable landscaping and/or other
means to the maximum extent feasible must screen the monopole and equipment area, as approximately shown in
Exhibit 1.
3. TERM. (a) The initial lease term shall be ten (10) years ("Initial Term"), commencing upon the
Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the
tenth annual anniversary year of the Commencement Date occurred.
(b)This Lease Agreement will automatically renew for ten (10)additional years("Extension Term") unless
Tenant provides the Town with notice of its intention not less than 180 days prior to the expiration of the Initial
Lease,upon the same terms and conditions.
(c)The Initial Term and the Extension Term are collectively referred to as the Lease Term("Term").
4. COMMENCEMENT DATE. The Initial Term of this lease shall commence thirty (30) days following
Tenant's notice to the Town, in writing, that Tenant has obtained all permits and approvals necessary for Tenant to
be legally entitled to construct a facility for providing cellular telephone services at the Premises,which permits and
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 2
approvals shall be pursued with due diligence, provided Tenant shall not be obligated to commence any litigation in
connection with such permits or approvals.
5. LEASE PAYMENTS. Beginning of that date which is the earlier of six(6)months after execution of this
Lease Agreement by Town and Tenant or the Commencement Date, Tenant will pay the Town lease payments per
the schedule below at the address set forth above. Lease payments will be payable semi-annually, in advance, and
prorated for any partial month.
Year One(1) $39,351.00 Year Eleven(11) $52,884.45
Year Two(2) $40,531.53 Year Twelve(12) $54,470.99
Year Three(3) $41,747.48 Year Thirteen(13) $56,105.12
Year Four(4) $42,999.90 Year Fourteen(14) $57,788.12
Year Five(5) $44,289.90 Year Fifteen(15) $59,521.92
Year Six(6) $45,618.59 Year Sixteen(16) $61,307.58
Year Seven(7) $46,987.15 Year Seventeen(17) $63,146.80
Year Eight(8) $48.396.77 Year Eighteen(18) $65,041.21
Year Nine(9) $49,848.67 Year Nineteen(19) $66,992.44
Year Ten(10) $51,344.13 Year Twenty(20) ' $69,002.00
6. IMPROVEMENTS/MAINTENANCE. (a) The Tenant shall be responsible for the construction and
installation of all equipment necessary to operate the Communications Facility, including necessary utility and
telecommunications connections.
(b) The Tenant shall be responsible for the maintenance and operational costs of the Communications
Facility.
(c) The Town makes no representation of any kind with respect to the Premises, its adequacy to support
the equipment, or its appropriateness for the intended use. Tenant will be permitted to inspect any plans, and other
records relating to the property in the possession of the Town, and will have access to the Property to make
inspections, perform engineering surveys and tests at its own expense and with prior approval of the Town, such
approval not to be unreasonably withheld, conditioned or delayed, and otherwise to assure itself that the Premises
will be suitable for the proposed use. Tenant will be responsible for determining the suitability of the Premises for
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 3
its intended purposes, and agrees to indemnify the Town for any damage to the Property or to any person arising out
of its inspection or testing of the Premises.
(d) The Town shall have the right of access to the Premises at all times, to inspect the Communications
Facility, to take necessary actions to protect the Property or persons on the Property, to enforce the terms of this
Lease Agreement, or for any other purpose, provided in no event shall the Town touch or interfere with Tenant's
antennas, base station equipment or related equipment. The Town will give the Tenant at least 24 hours prior
written notice of any request for access to the Premises, except in the event of an emergency posing imminent risk of
injury or death to persons or damage to Property, in which case the Town will provide notice to the Tenant
describing the purpose and scope of such access within 24 hours after such access.
(e) The Tenant agrees that the installation of its equipment and its use will not interfere with use of the
Property for any purpose for which the Property is being used as of the date the Lease Agreement has been executed
by both parties. The Tenant also agrees that its use of the Premises will not interfere with use of the Property for
wireless communications by other lessees and will make such reasonable changes or modifications to its equipment
as may be required by the Town to eliminate or minimize such interference, provided however that in no event shall
Tenant be required to make any changes or modifications to its equipment that would adversely affect the
I
propagation characteristics of Tenant's Communications Facility or otherwise adversely affect the quality of service
provided by the Communications Facility.
(f) If the Tenant fails to apply for any permits or approvals necessary to construct or install its facilities
within six (6) months after execution of the Lease Agreement, and to proceed to construct or install such facilities
within three (3) months after obtaining all permits and approvals, the Town shall be free to lease or otherwise
dispose of the Premises as it may determine.
(g) The Tenant shall not be permitted to begin construction or installation of equipment prior to obtaining
all necessary permits.
(h) The Tenant shall obtain all necessary permits, licenses, and approvals from any federal agency, the
i
Commonwealth of Massachusetts, and the Town necessary for the location and operation of its Communications
Facility at the Premises and shall furnish the Town with copies of such permits, licenses and approvals before
commencing construction or installation of equipment at the Premises. The Tenant shall comply with all statutes,
regulations and by-laws relating to the maintenance and operation of the Communications Facility.
I
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 4
I
7. INSURANCE. Tenant will carry, at its own cost and expense, the following insurance; `All Risk'
property insurance for its property's replacement cost, commercial liability insurance with a minimum limit of
$5,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence, and
Workers' Compensation as required by law. The Town shall be named as `additional insured' on all policies.
S. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold the Town and its officials and
employees harmless from and against any injury, loss, damage, or liability (or any claims in respect of the
foregoing), costs and expenses (including attorneys' fees and court costs) arising out of installation, use,
maintenance, repair or removal of the Communications Facility or the breach of any provision of this Lease
Agreement, except to the extent attributable to the negligent or intentional act or omission of the Town, its
employees, agents, or independent contractors.
(b)The Tenant shall indemnify, defend and hold harmless the Town, elected or appointed officials, and any
and all employees against any and all claims, whether acted upon prior to or during the lease, arising from any
persons or corporation who make claims against the Town, elected or appointed officials, and/or any and all
employees, for action arising from the Town's failure to fulfill obligations and perform their full due diligence,
whether written or implied,to the person or corporation with which the Tenant had made agreements, or proposals,
to locate on the property of the person or corporation making the claim. Such indemnification shall include any and
all costs for the defense of such claim including attorneys' fees.
9. NON-DISCRIMINATION. The Tenant shall not discriminate against any qualified employee or
applicant for employment because of race, color, national origin, ancestry, age, sex, religion, sexual orientation, or
physical/mental handicap. The Tenant agrees to comply with all applicable Federal and State statutes, rules and
regulations prohibiting discrimination in employment. If a complaint or claim alleging violation by the Tenant of
such statutes,rules or regulations is presented,the Tenant agrees to cooperate in the investigation and disposition of
complaint or claim. The Town shall impose such sanctions at it deems appropriate for noncompliance with the
provision.
10. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain Premises in good condition,
reasonable wear and tear and damage from the elements excepted, provided however if any such repair or
maintenance is required due to acts by the Town, its employees or agents, the Town shall reimburse the Tenant for
the reasonable costs incurred by Tenant to restore the damaged area(s) to a condition which existed immediately
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 5
prior thereto. The Town will maintain and repair the Property (other than the Premises) and access thereto, in good
and tenable condition, subject to reasonable wear and tear and damage from the elements.
(b) Tenant will be solely responsible for and promptly pay all utility charges for electricity, telephone
service or any other utility used or consumed by Tenant on the Premises. The Town will cooperate, at no cost to the
Town, with Tenant in Tenant's efforts to obtain utilities from any location provided by the Town and/or the
servicing utility company, including signing any license or permit(but not to include an easement)required by the
utility company.
11. TERMINATION BY TOWN. The Town may terminate this Lease Agreement upon occurrence of any of
the following:
(a) Failure by Tenant to pay any lease payment required hereunder when due, if such failure shall continue
for more than ten (10) calendar days after delivery to Tenant of written notice of such failure to make timely
payment,or
(b) Failure by Tenant to comply with any material term, condition or covenant of Lease Agreement, or the
failure to comply with any condition of any permit, license, special permit, or approval granted to Tenant, or its
agents or assigns authorizing and permitting the intended use and/or structures necessary thereto, other than payment
of lease payment, if such failure in not cured within thirty (30)days after written notice thereof to Tenant, or in the
event of a cure which requires in excess of thirty (30) days to complete, if Tenant has not commenced such cure
within thirty(30)days of such notice and is not diligently pursuing such cure to completion.
12. TERMINATION BY TENANT. The Tenant may terminate this Lease Agreement, by written notice to
the Town without further liability,upon occurrence of any of the following:
(a) If Tenant does not obtain all permits or other necessary approvals required from any governmental
authority or any easements required from any third party to operate the Communications Facility, or if, through no
fault of Tenant despite Tenant's commercially reasonable efforts to maintain the same, any such approval is
cancelled, expires or is withdrawn or terminated;
(b) If the Town fails to have proper ownership of the Premises or authority to enter in to this Lease
Agreement;
(c) If Tenant reasonable determines that, based upon an environmental site assessment performed on
Tenant's behalf at Tenant's sole cost,the Premises are unsuitable for Tenant's intended use;
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 6
(d) The Town is in default under this Lease Agreement for a period of ten (10 calendar days following
receipt of notice from Tenant with respect to a default which may be cured solely by the payment of money;
(e) The Town is in default under this Lease Agreement for a period of thirty (30) calendar days following
receipt of notice from Tenant with respect to a default which may not be cured solely by the payment of money; or
(f)After the Initial Term, if Tenant for any other reason in its sole discretion elects to terminate this Lease
Agreement.
Upon termination, all prepaid lease payments will be retained by the Town unless such termination is due
to the Town's failure of proper ownership or authority, or such termination is a result of the Town's default. Upon
termination subject to Subsection(f)above after the Commencement Date,then in addition to the Town's right to all
prepaid lease payments, Tenant shall pay the Town a termination fee equal to fifteen (15) times the monthly lease
payment in effect on the date notice of such termination is given. In the event of termination under either Section 10
or Section 11 of the Lease Agreement,Tenant shall restore the Premises in accordance with Section 15 below.
13. WARRANTIES AND CONVENANTS. Tenant warrants and covenants that throughout the term of this
Lease Agreement, Tenant shall maintain insurance in the amounts and forms specified in Section 7 of this Lease
Agreement. In addition, Tenant shall furnish and maintain a Tenant's (construction) liability policy with a single
combined limit of$5,000,000 against claims arising out of and in connection with construction activities on the
Premises and Property. Tenant shall furnish the Town with a certificate indicating applicable coverage, which
identifies the Town as an `additional insured', prior to the Commencement Date and annually thereafter. Tenant
shall maintain the Premises is a clean, safe and sanitary condition throughout the term of this Lease Agreement.
The Town represents and agrees (a)that the Town has received no notices that the Property(including the
Premises), or any improvements contained thereon, are in violation of any building, life/safety, disability, and other
laws, codes and regulations of applicable governmental authorities, and (b) that Tenant is entitled to access to the
Premises at all times and to the quiet possession of the Premises throughout the term of this Lease Agreement so
long as Tenant is not in default beyond the expiration of any cure period.
14. LIABILITY AND INDEMNIFICATION. Tenant shall at all times comply with all laws and ordinances,
and all rules and regulations of federal, state and municipal governmental authorities relating to the installation,
maintenance, height, location, use, operation, and removal of improvements authorized herein, and shall fully
indemnify the Town against any loss, cost or expense which may be sustained or incurred by the Town as a result of
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 7
the installation, operation, or removal of such improvements. Except for the acts of the Town and the Town's
employees or agents, the Town shall not be liable to the Tenant for any loss or damages arising out of personal
injuries or property damages to the Premises.
15. SURRENDER. Within thirty (30) days following expiration or earlier termination of this Lease, the
Tenant shall remove all its personal property and equipment installed at the Premises, and shall, at the request of the
Town, remove the tower to be erected by the Tenant at the Premises and any accessory building erected by it at the
Premises, including any utility connections, and shall restore the Premises to its pre-existing condition, ordinary
wear and tear and casualty loss excepted. If the Town does not require removal of the tower or buildings installed
by or through the Tenant, it may, by written notice given within five (5)business days of the effective date of such
expiration or termination, require the Tenant to transfer such building, structures and connections (but not Tenant's
antennas, cables or related equipment), without representation or warranty of any kind, to the Town or its designee,
unless such termination is the result of the Town's default or failure to have proper ownership of the Premises or
authority to enter into the Lease Agreement. In the event of termination of this Lease Agreement as the result of the
Town's default or failure to have proper ownership of the Premises or authority to enter into this Lease Agreement,
Tenant shall remove its equipment and improvements (including the Tower) and will restore the Premises to
substantially the condition existing on the date the Lease Agreement has been executed by both parties, except for
ordinary wear and tear and casualty loss. Tenant shall, on the Commencement Date of the Lease Agreement,
provide the Town with a bond in favor of the Town in the amount of$10,000 to secure completion of the restoration
of the Premises. Upon Tenant's surrender of the Premises, any equipment and/or structures remaining on the
Premises shall become property of the Town,without representation or warranty of any kind by Tenant.
16. ASSIGNMENT AND SUBLETTING. Tenant shall not assign, sublet or otherwise transfer or encumber
all or any part of Tenant's interest in this Lease Agreement without prior written consent of the Town, which
consent shall not be unreasonably withheld, conditioned, or delayed. The Town's failure to respond to Tenant's
request for approval to any assignment, sublease, or other transfer within 45 calendar days of written request from
Tenant shall be deemed to signify the Town's consent to such assignment, sublet or transfer.
17. NOTICES AND OTHER COMMUNICATIONS. All notices and other communications required to be
given under the terms of this Lease Agreement,shall be made in writing and shall be deemed to have been made and
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 8
given if mailed by certified mail, sent by overnight courier, transmitted by electronic facsimile or hand delivered to
the party to receive such notice, addressed as follows:
To Town: Town Manager's Office
North Andover Town Hall
120 Main Street Street
North Andover,MA 01845
To Tenant: SBA Steel LLC
Attn: Site Administration
5900 Broken Sound Parkway NW
Boca Raton, FL 33487
18. HAZARDOUS SUBSTANCES. The Town represents that it has received no notice of any violation of
applicable federal, state or local laws or regulations with respect to the presence of any substance, chemical or
waste, oil or hazardous material ("Hazardous Substance") on the Premises or Property that is identified as
hazardous,toxic or dangerous in any applicable federal,state or local law or regulation. Tenant agrees that it will no
use, generate, store, or dispose of any Hazardous Substance on, under, about or within the Premises in violation of
any law or regulation. The Town hereby agrees that it will not use, generate, store, or dispose of nor permit the use,
generation, storage, or disposal of any Hazardous Substance on, under, about or,within the Premises or Property in
violation of any law or regulation.
19. WAIVERS. Any waiver of any right under this Lease Agreement must be in writing and signed by the
waiving party.
20. REQUEST FOR PROPOSAL. The Town's Request for Proposals and the Tenant's response thereto are
incorporated by reference into this Lease Agreement,
21. WRITTEN AGREEMENT TO GOVERN. This Lease Agreement is the entire understanding between
the parties relating to the subjects it covers and it is further agreed by all parties that this Lease Agreement shall be
governed by the laws of the Commonwealth of Massachusetts.
22. SUBORDINATION AND NON-DISTURBANCE. This Lease Agreement is subordinate to any
mortgage or deed of trust now of record against the Premises. However, promptly after the Lease Agreement is
fully executed,the Town will cooperate with the Tenant, at no cost to the Town, in Tenant's efforts to obtain a non-
disturbance agreement reasonably acceptable to the Tenant from the holder of any such mortgage or deed of trust.
23. MEMORANDUM OF LEASE AGREEEMENT. Neither party shall record this Lease Agreement of
any copy thereof, provided, if requested by the Tenant, the Town agrees to promptly execute and deliver a
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 9
recordable Memorandum of Lease Agreement in the form attached hereto as Exhibit 2, which such Memorandum
may be recorded by Tenant.
24. FORCE MAJEURE. If by reason of force majeure, either party is unable in whole or in part carry out
any of its obligations under this Lease Agreement, said party shall not be deemed in violation or default under this
Lease Agreement as a result of such inability during the continuance of such inability, and the time otherwise
specified for performance of the subject obligation shall be extended by the actual period of delay caused by the
force majeure event. The subject party must,however, complete the subject obligation by such time as so extended.
The foregoing shall not apply, and there shall be no such extensions, for failure to pay any required amounts under
this Lease Agreement when due or to obtain and maintain any insurance required under this Lease Agreement by
and during the time specified. The term 'force majeure" as used herein shall mean the following: acts of God; acts
of public enemies; shortage of materials; orders of any kind of the government of the United States of America or of
the Commonwealth of Massachusetts or of their departments, agencies, political subdivisions, or officials or any
civil or military authority; insurrections; riots; epidemics; landslides; lightning strikes; earthquakes; fires;
hurricanes; floods; washouts; weather that makes construction of the Tower impractical; droughts; arrests; civil
disturbances;explosions;partial or entire failure of utilities; or any other cause or event not in control of the disabled
party.
25. TENANT'S CERTIFICATIONS. Tenant warrants the continuing truth, accuracy, and completeness of
the following certifications previously filed with the Town in connection with the Tenant's response to the Request
for Proposals issued, copies of which are attached hereto as Exhibit 3: Certificate of Non-Collusion and Certificate
of Tax Compliance.
IN WITNESS WHEREOF, the undersigned has caused this Lease Agreement to be executed this
day of ,2014.
TOWN OF NORTH ANDOVER TENANT
MASSACHUSETTS
By By
Name: Andrew W.Maylor Name: Mark Ciarfella
Its: Town Manager Its: Executive Vice President,US Operations
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 10
EXHIBIT 1
Legal Description/Site Plans
Site situated in the Town of North Andover, County of Essex, Commonwealth of Massachusetts, located at 723
Osgood Street and shown on Assessor's Map No. 35 as Parcel 23,and being more particularly described as follows:
Legal Description:
A portion of that certain parcel of real property described in an instrument recorded with the Essex North Registry of
Deeds at Book 4197,Page 63
Sketch of Site:
See Plans/Drawings attached hereto and incorporated herein.
Town Initials
Tenant Initials
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page I 1
EXHIBIT 2
Memorandum of Lease Agreement
This memorandum evidences that a lease was made and entered into by written Lease Agreement dated
, 2014 between the Town of North Andover ("Town"), a Massachusetts municipal corporation
with an address of North Andover Town Hall, 120 Main Street, North Andover MA 01845 and SBA Steel LLC
("Tenant'), a Florida limited liability company having an address at 5900 Broken Arrow Sound Parkway NW, Boca
Raton FL 33487.
Such Lease Agreement provides in part that Town leases to Tenant a certain site (Premises) located at 723 Osgood
Street, North Andover MA 01845, within the property of the Town, for the purpose of erecting, operating, and
maintaining a wireless communications facility, with grant of easement for unrestricted rights of access and electric
and telephone utility service thereto for an Initial Term of ten(10)years, commencing on and
terminating on , which term shall be renewed for one (1) additional ten-year Extension
Term unless Tenant provides Town notice of its intention not to renew intention not less than 180 days prior to the
expiration of the Initial Lease.
"TOWN" "TENANT'
TOWN OF NORTH ANDOVER
MASSACHUSETTS
By By
Name: Andrew W. Maylor Name: Mark Ciarfella
Its: Town Manager Its: Executive Vice President,US Operations
Address: North Andover Town Hall Address: 5900 Broken Sound Parkway NW
120 Main Street Boca Raton, FL 33487
North Andover,MA 01845
I'
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 12
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EXHIBIT 3
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean natural person, business, partnership, corporation,
committee,union, club or other organization, entity, or group of individuals.
Signature Date
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
authorized signatory for
Name of individual Name of contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover,relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
i
Signature Date
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 13
OWNER NOTARY BLOCK:
TENANT NOTARY BLOCK:
gill
Lease Agreement by and between Town of North Andover and SBA Steel LLC Page 14
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Email amaylor @townofnorthandover.com
Web www,TownofNorthAndover.com
■
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51 IF■
From: Monique Morimoto [mailto:coachmonique @verizon.net]
Sent: Tuesday, June 10, 2014 1:54 PM
To: Maylor, Andrew
Cc: 'Stephen Whitney'; iu1y4thrace @gmai1.com; Coachmonique @verizon.net
Subject: Juy 4th Road Race
Hi Andrew,
Chris Marshall from the July 401 Race to benefit the NA Senior Center gave me your email. He said
he had mentioned our interest in participating in the road race as drummers in an email to you last
week.
Here's the scoop: My partner,Stephen and I are offering to support the race and its runners, and
ultimately the Senior Center, by drumming the runners on as they pass Drummond Field. We would
gather up —10 drummers both through our network and by offering this opportunity to seniors to
come out and cheer the runners on. (We've been in contact with Cahla at the NA Senior Center)
We'd set up the drums and folding chairs on the Milk Street sidewalk towards the middle of
Drummond Field. We would start drumming once we saw the first runners coming towards us and
drum off and on until the last runners passed by. (Likely around 9 am to 9:45 or so).
We would use an assortment of hand drums and percussion instruments to provide a strong beat to
encourage the runners and create enjoyable music.
Drumming is often used in road races (Boston Marathon and others) and it is a great addition to the
festivities.
A bit about us-we moved to North Andover last August, I've been working with Lazarus House for
the last 13 years as a leadership coach and management consultant. We bring the benefits of group
drumming to a variety of populations including seniors in assisted living facilities, nursing homes
and adult day cares from Quincy to Amesbury through our business,SoulWorks Rhythm&
We are looking for a way to give back to our new community using drumming as a venue and would
love the opportunity to participate in this great cause if you find it agreeable.
We look forward to your response and to next steps.
Sincerely,
Monique
2
Johnson, Adele
From: Monique Morimoto <coachmonique @verizon.net>
Sent: Tuesday,June 10, 2014 2:51 PM
To: Maylor, Andrew
Cc: 'Stephen Whitney';july4thrace @gmail.com;Johnson,Adele; Santilli, Ray
Subject: RE:Juy 4th Road Race
Andrew, T.han.k you.
We will plan on attending the meeting on the 23rd.
Monique
1 lhll
Adding Rhythm to Your Wellness!
Monique Morimoto, MS, CPCC and Stephen Whitney, CFC
SoulWorks Ryhthm®
www.soulworksrhythm.corn
617-512-8160 (Monique) or 617-997-8759 (Stephen)
mgm @soulworksrhythm.corn or sew @soulworksrhythm.com
Visit www.soulworkscoaching.com to see our other inspirational offerings!
From: Maylor, Andrew [mailto:amaylor @townofnorthandover.com]
Sent: Tuesday, June 10, 2014 1:58 PM
To: Monique Morimoto
Cc: 'Stephen Whitney'; july4thrace @gmail.com; Johnson, Adele; Santilli, Ray
Subject: RE: Juy 4th Road Race
Monique,
I will forward your request to the board of selectmen.They will vote on your request at their next meeting on 6/23,you
should plan on attending. In the mean time, I will forward your request to a series of other town departments to make
sure they have no issue with your participation.
Regards,
Andrew W. Maylor
Town Manager
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9510
Fax 978.688.9556
1
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
ttORTN
Andrew Melnikas
Telephone(978) 688-9593
Fire Chief
FAX(978) 688-9594
Lt. F. McCarthy
amelnikasgtownofiiorthandover:com
Fire Prevention Officer fi-necarthy(i�townofnorthandover.com
Town Managers Office
120 Main St.
North Andover,Ma
June 11,2014
Adele,
The Fire Department recommends favorable action for the Soul Works Rhythm Group to perform on the
0 of July at Drummond Playground.
Respectfully,
Lt Frederick McCarthy
Fire Prevention
978-688-9590
�Yt b
f Lt t1� .
i
--Community Partnership-•-
To:Adele Johnson
From: Lt. Eric Foulds
Date:June 12, 2014
Re:SoulWorks Rhythm_4th of July
The Police Department recommends favorable action on SoulWorks Rhythm's request to set a up a
drum group of no more than ten (10)drummers on Milk St.on July 4,2014 for the July 4th Road Race
as stated in the Letter of Request by Monique Morimoto.The drummers will need to set up in the
parking area above the Drummond Playground and will cease drumming when the last runner passes
their location.
i
I
I
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
I
I
i
Application for the Use of the North Andover Town Common
Please read the attached"Regulations for the Use of the North Andover Town Common"
before completing this application.
Section 1:General Information
Name of North Andover group or individual applying for use of the Town Common:
Saint Michael Parish
Note:The applicant, if an individual must be a resident of North Andover or, if a non-profit
organization must have its principal place of business located in North Andover.
North Andover Address of Group or individual: 196 Main Street, North Andover, MA
Name of Contact Person: Mary Alice Rock
Phone Number of Contact Person: 978-686-4050
Email Address of Contact Person: mary_alice_rock @saintmichael.com
Date(s) that Town Common use is requested: Sunday, September 14, 2014
Note: Use is limited to one day only with allowances for set up and removal one half-day prior
to the use and one half day after use, unless it is considered a holiday display pursuant to
Section 9(b)of the Town Common Use regulations. Holiday displays may be allowed from the
Thanksgiving Day until the following January 7th.
A) Is the purpose of the use of the Town Common to for the public display of art, banners, signs
and symbols? Yes X No
B) Is the purpose of the use of the Town Common to conduct an event where more than twenty
people may assemble and/or participate?
X Yes No
If the answer to Question A is yes, please complete Section 2, if the answer to Question B is yes,
please complete Section 3. If the Answer to Questions A & B are both yes, please complete both
Section 2 and Section 3.
Section 2: Use of the Town Common for the Purpose of Display:
Please describe what you will be displaying including a detailed description and dimensions:
Please provide a sketch or picture of what you will be displaying.
Will you need access to electricity for your display? If yes, for what purpose
Please indicate on the attached map approximately where on the Town Common the display will
be erected.
III
Town Common Application Page 2
Section 3: Use of the Town Common for the Purpose of Conducting an Event.
Please describe the nature and purpose of the event:This will be a Mass,followed by a picnic
with food, music, and family games. The purpose is to bring together the parishioners of
St. Michael Parish and build up community spirit.
The event will begin at 12p.m. and end at 4p.m.
In total, how many individuals do you anticipate attending the event? 1000
At any one time during the event, what is the maximum number of people expected to be on
the common? 1000
Please indicate on the attached map approximately where on the Town Common the event will
take place.
Who will be the person or persons representing the applicant who will be present throughout
the event? If these persons will be taking shifts, please provide the time of their shifts:
Mary Alice Rock
Will you be erecting any temporary structures on the common such as tents,fences, athletic
equipment?Yes If yes, please describe the size and type of structures:
310X10 tents 6 6X8 risers, 3 porto-potties
Will you need access to electricity for this event? yes If yes,for what purpose: Loud Speaker
System for Mass announcements, and D1 and Popcorn Machine
Will you be serving any food or beverages during the event? Yes
Will you be charging a fee for any services provided such as food, beverages,games, races, etc.?
Yes If yes; please provide a fee schedule and attach $5 per person for food &drink
Please describe where vehicles of participants in the event will park:
Perimeter of the Common,side streets,youth center parking lot
Please describe what your clean up plans consist of in terms of number of people assisting in the
clean up, how trash will be removed from the common and disposed, etc:
20 people bagging the recycling and trash items, removing by truck whatever the DPW will
require, and inspecting the grounds for cleanliness
Town Common Application Page 3
Section 4:Acknowledgements and Signatures
By submitting this application, the signer of this form agrees to the following:
1)That the signer is duly authorized to sign the application on behalf of the applicant and is a
resident of North Andover or works for a non-profit organization whose principal place of
business is located in North Andover.
2)That the user of the common will comply with all rules, regulations and conditions applicable
to the use of the common.
3)That the user of the common will hold the Town, its employees and agents harmless from any
and all claims, suits, causes of action,judgments and demands of any nature made or obtained
by third parties which result from activities or actions of the Town of North Andover, its agents
or servants under this permit and if the judgment is entered against the Town of North Andover,
said judgment will be paid by said applicant together with all interest thereon.
Signed Dleem', @�ee�er�
Printed Name: Rev. Kevin J. Deeley
Date: June 5, 2014
Return completed application to:
North Andover Town Hall
Town Manager's Office
120 Main Street
North Andover, MA 01845.
978-688-9510—Phone
978-688-9556—Fax
tmsecretary@townofnorthandover.com
TOWN OF NORTH ANDOVER
Fire Departinent
Central Fire Headquarters—Fire Prevention Office
l24 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS Q|845
Aod/ewMe|nikum
Telephone<970>bQ8-959]
Fire Chief
` '
FAX(978)6O0-9594
Lx. F. McCarthy
Fire Prevention Officer CH fmccarthy@townofnorthandover.com
Town Managers Office
120 Main St.
North Andover,Ma
June l|,2O}4
Adele,
The Fire Department recommends favorable action for St. Michael's Church to hold its annual Mass and
picnic oo the Town Common nn September l4, 20|4. The Fire Department recommends that the �
responsible party notify the department just prior to the start of the event and include any road closures or
detours. If propane gas is used for cooking,cylinders in excess of 42 pounds in the aggregate will need to
be permitted through the Fire Department. All cooking stations shall have u portable firoextinguisher
present.
Qeoycdfu|hc
Lt Frederick McCarthy
Fire Prevention
970'088-9590
i
t.
.s
•
INTEROFFICE MEMORANDUM
DATE: June 11, 2014
TO: Adele Johnson, Administrative Secretary
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: St. Michael's Parish Event
The Division of Public Works has no objection to the request from Mary Anne Rock to hold a Parish
Mass and Picnic on the Old Center Common on 9/14/13 from noon until 4pm.
There are to absolutely no vehicles parked on the Common for this event, and please ask them to
dispose of trash and recycling properly
If they need assistance from the DPW, please have them contact my office.
G
sx
ate,
NORTH ANDOVER
' ---Community Partnership...
To:Adele Johnson
From: Lt. Eric Foulds
Date:June 12,2014
Re: Use of Common—St. Michael's
The Police Department recommends favorable action on St. Michael's Parish request to Use the
Common on Sunday,September 14,2014 from 12:00pm to 4:00pm as outlined in the application.
Parking will be restricted on the north side of Cranberry Lane and Old Village Lane to avoid any
traffic concerns on these abutting streets.The Police Department will supply"Temporary No
Parking"signs for this purpose.
The Police Department will supply one paid detail officer,at St. Michael's Parish expense,during the
event hours to provide assistance with traffic and pedestrian safety.St. Michael's Parish will be
responsible for arranging this by contacting the Police Department at least three(3) days prior to the
event.
�I
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:97$683-3168 Fax:978-681-1172
Pentucket
June 12,2014
Mr.Andrew W. Maylor
Town Manager
Town of North Andover
120 Main Street
North Andover, MA 01845
Dear Mr, Maylor:
It is with excitement that I inform you of Pentucket Bank's commitment to contribute$1,000 to
the Town of North Andover independence Day Fireworks this yearl
Pentucket Bank is pleased to have the opportunity to support a positive,family event for the
Town of North Andover as we prepare to open our newest Branch location in,town this fall. We look
forward to this being the first of many events that we support and partnerships that we strengthen as
we further establish ourselves within the community over the coming months and years.
Please forward along details you have on the Fireworks so that we may process payment for
you. In the meantime,should you have any questions, please feel free to contact me anytime at 978-
556-5474 or leastman @pentucketbank.com.
Ver4Le truly yours,
M. Eastman
AVP/Marketing&Community Relations Officer
I
P.O.Box 791,Haverhill,MA 01831-2479
Connecting all offices(978)372-7731 - Salem,N.H.(603)893.3588 Hampstead,N.H.(603)329-7333
www.pentucketbank.com
i
' Town of North Andover
w " • North Andover Town Hall
120 Main Street
• North Andover,MA 01845
Telephone (978)688-9510
Fax (978)688-9556
Annual Fireworks Sponsorship/ Donation Form
ALL SPONSORS, PLEASE PROVIDE THE REQUESTED INFORMATION:
Company Name: .Hic I ,��;���ij �rC (_--1,14 �RV'i�c; �a�jL
Contact Person: A.-I 4
Date: b 1 1-1 1 I'-
Mailing Address: ;° r�� Mcr'L ma,LjL ft&2101
Phone:
Email: , ka In,)et-rN j I i VL
i
1 a
Amount of your support.
�
THANK YOU
The North Andover Festival Committee, Board of Selectmen and Town
Manager appreciate your support.
Please send your gift to the address above:
c/o Adele Johnson, Executive Assistant
Town Manager's Office
Checks should be made payable to "Town of North Andover"
Johnson, Adele
From: Alison Kalman <AKa|man@LoweUfive.com>
Sent: Monday,June I6, 2OI4O:47AM
To: Johnson, Adele
Subject: FVV: Lovvo|| Five sponsorship of fireworks display
Hi Adele,
| meant to cc:you on this email when | originally sent it.
Alison Kalman
Alison E. Kalman }Senior Vice President,Corporate Affairs
ThaLowell Five Cent Savings&ok Plaza |Lowell, �dAU1852
p� Q78-441-8404 t978-441-64571
From: Alison Kalman
Sent: Monday, June 16, 2U148:3SAM
To: 'Mavlor, Andrew'
Subject: RE: Lowell Five sponsorship of fireworks display
Good morning,
Our Executive Committee has agreed to again sponsor the N. Andover July 4 Ih fireworks in the amount of$5,000, Please
let me know if there is anything you need from us—our logo or any marketing materials for sponsorship
acknowledgement.
The check will be processed this week and mailed per the sponsorship form.
Have nice day,
Alison
Alison E.Kalman | Senior Vice President, Corporate Affairs
The LomeU Five Cent SavinBs Bank IOneMenimnck Plaza |Lowell, MAO1852
p: 978-,441-6404 f: 1978-441-6-4571
4T 2-01
IAKk
1
Selectmen's Re-Appointments - Effective 07-01-2014
Committee First Name Last Name Street Address Town Term Term Expires
Affordable Housing Trust-Bd.of Trustees George Koehler 41 Quail Run North Andover 2 years June 30,2016
Affordable Housing Trust-Bd.of Trustees Robert Bernardin 1407 Great Pond Rd North Andover 2 years June 30,2016
Affordable Housing Trust-Bd.of Trustees Tracy Watson Town Hall,120 Main St. North Andover 2 years June 30,2016
Audit Committee Robert Ercolini 195 Bridle Path North Andover 1 year June 30,2015
Audit Committee Vidya lyer 99 Amberville Road North Andover 1 year June 30,2015
Audit Committee Karin Rhoton 13 Perry Street North Andover 1 year June 30,2015
Audit Committee Richard Vaillancourt 120 Main Street North Andover 1 year June 30,2015
Audit Committee Laurie Burzlaff 1600 Osgood Street North Andover 1 year June 30,2015
Cable TV Advisory Committee George Dague 27 Boxford St North Andover 3 years June 30,2017
Cable TV Advisory Committee Ronn Faigen 110 Fuller Road North Andover 3 years June 30,2017
Cable TV Advisory Committee Robert Parker 111 Christian Way North Andover 3 years June 30,2017
Cable TV Advisory Committee Matthew Killen 120 Main St North Andover 3 years June 30,2017
Community Preservation Committee Alberto Angles 561 Mass Ave North Andover 3 years June 30,2017
Community Preservation Committee Terrance Holland 54 Tucker Farm Rd North Andover 3 years June 30,2017
Conservation Commission Louis Napoli 51 Jetwood St North Andover 3 years June 30,2017
Conservation Commission Albert Manzi 72 Foster St North Andover 3 years June 30,2017
Constable Ronald F. Pallone 187 Main St North Andover 3 years June 30,2017
Council on Aging Peter Aziz 74 Innis St North Andover 3 years June 30,2017
Council on Aging Patricia Long 29 Rosedale Ave North Andover 3 years June 30,2017
Council on Aging Dorothy Consiglio 162 B Waverly Rd North Andover 3 years June 30,2017
Council on Aging John Graham 5 Magnolia Drive North Andover 3 years June 30,2017
Council on Aging VACANCY-1 3 years June 30,2014
Cultural Council VACANCIES-1 3 years June 30,2014
Cultural Council VACANCIES-2 3 years June 30,2015
Disability Issues,Commission on James Lyons 4 Brightwood Ave North Andover 3 years June 30,2017
Disability Issues,Commission on Susan Christensen 9 Morton St North Andover 3 years June 30,2017
Emergency Management Agency Jeffrey J. Coco 695A Johnson St. North Andover 1 year June 30,2015
Emergency Management Agency Frank Dushame 18 Lexington Street North Andover 1 year June 30,2015
Emergency Management Agency Paul Gallagher NAPD,1475 Osgood St. North Andover 1 year June 30,2015
Emergency Management Agency Neil Hamel 3 Fernwood Way Atkinson 1 year June 30,2015
Emergency Management Agency William Hastings 19 Beaver Brook Rd. North Andover 1 year June 30,2015
Emergency Management Agency Carl Langlois 66 Saunders Street North Andover 1 year June 30,2015
Emergency Management Agency Connor Lincoln 73 Georgetown Road Boxford 1 year June 30,2015
Emergency Management Agency Timothy McDonald 180 Hickory Hill Road North Andover 1 year June 30,2015
Emergency Management Agency Andrew Melnikas 124 Main Street North Andover 1 year June 30,2015
Emergency Management Agency John P. Savastano 287 Mass.Ave. North Andover 1 year June 30,2015
Emergency Management Agency Steven Tessler 308 Campbell Road North Andover 1 year June 30,2015
Festival Committee Sharon Coco 695A Johnson Street North Andover 1 year June 30,2015
Festival Committee Jeff Coco 695A Johnson St. North Andover 1 year June 30,2015
Festival Committee William Dolan 12 Bacon Ave. North Andover 1 year June 30,2015
Festival Committee James Fazio 34 Fernwood Street North Andover 1 year June 30,2015
Festival Committee E.J. Foulds 1475 Osgood St. North Andover 1 year June 30,2015
Festival Committee Neil Hamel 3 Fernwood Way Atkinson 1 year June 30,2015
Festival Committee Joan Heafey 7 Peters St. North Andover 1 year June 30,2015
Festival Committee Gen Koenig 1476 Salem St. North-Andover 1 year .June 30,2015
Festival Committee Connor Lincoln 73 Georgetown Rd. Box-ford 1 year June 30,2015
Festival Committee Jenn McLean 21 Kenmar Drive,#34 Billerica 1 year June 30,2015
Festival Committee William Murphy 57 Winthrop Ave. Lawrence 1 year June 30,2015
Festival Committee Dorothy Nolin 187 Turnpike Street North Andover 1 year June 30,2015
Festival Committee Pristene Pazzanesse 30 Red Maple Road Haverhill 1 year June 30,2015
Festival Committee Philip Pelletier 18 East Water St. North Andover 1 year June 30,2015
Festival Committee Martha Salisbury 301 Johnson Street North Andover 1 year June 30,2015
Festival Committee Mike Wilson 1475 Osgood St. North Andover 1 year June 30,2015
Festival Committee VACANCIES—Unlimited
Historical Commission Janice Williams 88 Elm St North Andover 3 years June 30,2017
Historical Commission James Wefers 70 Harold St North Andover 3 years June 30,2017
Industrial Dev Finance Authority John Kalin 101 Quail Run North Andover 3 years June 30,2017
Neighborhood Cons.Dist.Commission Liz Fennessy 77 Elm St North Andover 3 years June 30,2017
Neighborhood Cons.Dist.Commission-Alt. Kenneth Tokarz 55 Prescott St North Andover 3 years June 30,2017
Neighborhood Cons.Dist.Commission-Alt. VACANCIES 4 3 years June 30,2014
Old Center Historic District Comm.-Alt. Harry Aznoian 168 Osgood St North Andover 3 years June 30,2017
Old Center Historic District Commission VACANCY-2 3 years June 30,2014
Poet Laureate Committee Marina Salenikas 345 Main St North Andover 3 years June 30,2017
Poet Laureate Committee Thomas Baker Brooks School 1160 Great Pond North Andover 3 years June 30,2017
Registrars of Voters,Board of Martha Salisbury 301 Johnson St North Andover 3 years June 30,2017
Stevens Estate-Board of Trustees E.William Hansen 103 Bradford St North Andover 3 years June 30,2017
Stevens Estate-Board of Trustees Eric Frahlich 87 Sugarcane Lane North Andover 3 years June 30,2017
Sustainability Committee VACANCIES 10 3 years June 30,2016
Veterans Grave Officer Philip Pelletier 18 E Water St North Andover 3 years June 30,2017
Windrush Farms Steering Comm. Thomas Coppa 102 Lacy Street North Andover 1 year June 30,2015
Windrush Farms Steering Comm. Jennifer Hughes 1600 Osgood St. North Andover 1 year June 30,2015
Windrush Farms Steering Comm. John Mabon 5 Woodchuck Lane North Andover 1 year June 30,2015
Windrush Farms Steering Comm. Rosemary Smedile 65 Greene Street North Andover 1 year June 30,2015
Windrush Farms Steering Comm. Vacancy-1 1 year June 30,2014
Youth&Recreation Council Joan Heafy 7 Peters St North Andover 3 years June 30,2017
Youth&Recreation Council John Lennhoff 675 Forest St North Andover 3 years June 30,2017
Youth&Recreation Council Hollie Williams 100 Brookview Drive North Andover 3 years June 30,2017
Zoning Board of Appeals Allan Cuscia 349 Bear Hill Rd North Andover 3 years June 30,2017
Zoning Board of Appeals Deney Morganthal 339 Waverly Rd North Andover 3 years June 30,2017
New Appointments
Community Preservation Committee William Gordon 20 Little Road North Andover 3 years June 30,2017
Stevens Estate—Board of Trustees David Boudreau 165 Greene Street North Andover 3 years June 30,2017
Old Center Historical District Council Shepard Spear 45 Edgelawn Avenue North Andover 3 years June 30,2017
l
COMMUNITY DEVELOPMENT DIVISION
Building Conservation Health Planning Zoning
MEMORANDUM
TO: Andrew Maylor, Town Manager
FROM: Curt Bellavance, Director
COPY: Ray Santilli, Assistant Town Manager
RE: Declaration of Protective Covenant
DATE: June 18, 2014
It is recommended that the Board of Selectmen vote and endorse the attached DECLARATION
OF PROTECTIVE USE COVENANT.
i
Background:
Cafua Realty Trust purchased the property at 1018 Osgood Street with plans to convert the
existing single family dwelling into a Dunkin Donuts restaurant. The zoning at the time of
purchase was Industrial 2 (12). The owners requested to amend the zoning map from I2 to
Business 2 (B2)in order to construct the restaurant.
The Planning Board was in favor of the zoning change because the adjacent property was in the
B2 district and the amendment would just be an extension of the existing zoning district. The
Planning Board, through that process, also sought to restrict the zoning on that lot so as to not
allow some of the less desirable B2 uses such as an automobile service station, taxi depot and
parking garage. Cafua Realty Trust agreed and signed a DECLARATION OF PROTECTIVE
USE COVENANT. Once the Selectmen endorse the Covenant the instrument will be recorded
at the Registry of Deeds and will be in effect for a minimum of 30 years.
The owners have been working with National Grid and the Federal Airport Administration to
resolve some minor issues and will be opening the restaurant shortly.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com
DECLARATION OF PROTECTIVE-USE COVENANTS,
CONDITIONS AND RESTRICTIONS
This Declaration of Protective Use Covenants, Conditions and Restrictions is made as of
this 7th day of June, 2012,by Cafua Realty Trust LX,LLC of 751 Main Street, Suite B, PO
Box N Sanford, Maine 04073],their successors and assigns (herein collectively referred to as the
"Declarant").
WITNESSETH:
WHEREAS, Declarant is the current owner of real property, consisting of ONE parcel of
land collectively consisting of approximately.66 acres of land, known'and numbered as 1018
Osgood Street,being shown respectively,on a plan entitled"PLAN OF LAND in North
Andover, Mass"owned by Cafua Realty Trust LX, LLC dated February 7,2012, Scale 1"=20'
prepared by MHF Design Consultants, Inc, and whereby Parcel. (1018 Osgood Street is
identified in a Deed to Cafua Realty Trust LX,LLC recorded with the Essex North District
Registry of Deeds in Book 12798,Page 2635 (hereinafter referred to as the"Property;" and,
WHEREAS,the Declarant's Property was the subject of Warrant Article [ 36 ] of the
2012 Annual Town Meeting for the Town of North Andover where said Article requests
approval for the rezoning of the Property from Industrial 2 (I-2)to Business 2 (B-2); and,
WHEREAS,the Declarant has agreed to prohibit certain uses outlined under the list of
uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the
Town of North Andover Zoning Bylaws;
NOW, THEREFORE,for good and valuable consideration,receipt of which is hereby
acknowledged, and for the mutual promises and covenants contained herein,the Declarant
declares that the Property is and shall be held,transferred, leased, encumbered, conveyed,
improved and occupied subject to the covenants and restrictions,.hereinafter set forth below:
1, Land Subject to This Declaration The real property which is, and shall be,held,transferred,
sold, conveyed and occupied subject to this Declaration is the Property as defined above,
2. Use Restrictions, Notwithstanding the uses permitted within the Business 2 Zoning District
as outlined under Section 4,127 of the Town of North Andover Zoning Bylaws,the Declarant
agrees the Property shall not be used for the following purposes:
a. Automobile service station; and,,
b. Taxi depot,
C, Public Parking Garage,
Subject to the use limitations above, the Declarant shall be permitted to use the Property
for all other uses permitted by law, including but not limited to, other uses permitted under the
Town of North Andover Zoning Bylaws, as amended,
I Architectural Features; Any structure to be built under the conditions of a Site Plan Review
Special Permit, as specified in the North Andover Zoning Bylaw, Section 8.3, shall conform
to the maximum extent possible to "New England"style architecture.
4, Enforcement. It is expressly understood and agreed that this Declaration of Protective Use
Covenants, Conditions and Restrictions shall attach to and run with the land and run for the
benefit of the Town of North Andover. Enforcement of this Declaration shall be by a
proceeding at law and/or in equity by the Town of North Andover, acting by and through its
Planning Board, against any person or persons violating or threatening to violate any
covenant either to restrain the violation and/or recover damages suffered by them for any
violation thereof. The Declarant, or the Town of North Andover and their successors and
assigns, shall have the full right to enforce this Declaration of Protective Use Covenants,
Conditions and Restrictions both in law and at equity,and to recover damages.
5, Severability. Each and every one of the covenants, conditions and restrictions contained
herein shall be considered to be an independent and separate covenant and agreement, and in
the event that any one or more of the covenants, conditions and restrictions shall, for any
reason,be held to be invalid or unenforceable by a court of law,then all remaining
covenants, conditions and restrictions shall nevertheless remain in full force and effect,
6, Duration. All of the foregoing covenants and restrictions shall continue and remain in full
force and effect at all times against the owner(s) of any lot(s)in such Property,regardless of
how such title was acquired, in perpetuity,unless applicable law provides that such
covenants and restrictions cannot continue and remain in fall force and effect in perpetuity,
in which case they shall continue and remain in full force and effect for a period of thirty(30)
years from the date of recording hereof, after which time said Declaration shall automatically
be extended for successive ten(10)year periods, by an instrument which shall be recorded
with the Essex North District Registry of Deeds by the owner(s) of the Property or which
may be recorded by the Town of North Andover,within the time prescribed by M,G.L, C.
184, s. 27.
7. Non-Waiver. The failure or delay of the Town of North Andover or Declarant to enforce the
restrictions, covenants or other provisions herein shall not be deemed a waiver of the right to
do so thereafter as to the same breach or to one occurring prior or subsequent.
8. Amendment and Termination, The provisions in this Declaration may be amended,
modified, and/or terminated by vote of the record title holder of the property, and with the
assent of the Town of North Andover Planning Board,but such amendment,modification
and/or termination shall not be effective until such time as it is reduced to writing, signed by
the Property owner(s) of record, and recorded with the Essex North District Registry of
Deeds,
9. Successors Bound, All of the covenants, conditions and restrictions described herein shall
run with the land, and the grantees of the Property,by accepting the deed thereto, accept the
same subject to such covenants, conditions and restrictions, and agrees for themselves, their
heirs, administrators, successors and assigns to be bound by each such covenant, condition
and restriction jointly, separately and severally,
10, Extent of Covenants, Conditions and Restrictions. The covenants, conditions and restrictions
created pursuant to this Declaration: (a) shall be subject to restrictions presently of record,if
any; and, (b) shall only be effective after: (i)the North Andover Town Meeting adopts the
Zoning Bylaw Amendment in the form set forth in the published 2012 Annual Town
Warrant, (ii) all subsequent actions shall have been completed that are necessary to cause
such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw(such as approval
by the Attorney General); (iii)to the extent that any referenda challenging the Town
Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town
Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or
appeal [a] has been fully adjudicated by a court having jurisdiction over such a matter(which
court upholds the Town Meeting's adoption of the Zoning Bylaw Amendment)the decision
of which is not subj ect to appeal or from which no appeal is taken within the relevant period;
[b] such referendum or appeal is dismissed with prejudice, or[c] the appeal is settled by the
parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any
modification thereto (collectively, "Final Zoning Bylaw Approval").
IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed under
seal by Cafua Realty Trust, LX,LLC, this 7th of June, 2012,
Cafua Realty Trust LX,LLC, by:
Fern Cafua, Its Manager
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COMMONWEALTH OF MASSACHUSETTS
ESSEX COUNTY
On this 7th of June, 2012, before me, the undersigned notary public, personally appeared
Fernando Cafua, as Manager of Cafua Realty Trust LX, LLC pr ved to me through satisfactory
evidence of identification, which was a ❑ driver's license; personally known to me; or ❑
personally known to 3`d party witness personally known t e,.to be the persons whose names
are signed on the preceding or attached document, and acknow ed ed to me that he signed it
voluntarily for its stated purpose,
Notary Public .........
J s M ...
GA
Y>
My Commission Exp es:` �0.
j �.OFMAss���',
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ACCEPTANCE BY TOWN OF NORTH ANDOVER
The undersigned Board of Selectmen of the Town of North Andover hereby accept the foregoing
Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the Town.
Selectman Selectman
Selectman Selectman
I
Selectman
Commonwealth of Massachusetts
Essex, ss , 2014
On this day of , 2014, before me,the undersigned notary public personally
appeared the above-name Board of Selectmen proved to me through satisfactory evidence of
identification,which was known to me to be the person whose name is signed on the preceding document
in my presence and acknowledged to me that they signed it voluntarily for its stated purpose, as
Selectmen of the Town of
North Andover.
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Notary Public
My Commission Espires:
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Johnson, Adele
From: Town Manager
Sent: Thursday,June 12, 2014 2:36 PM
To: Johnson, Adele
Cc: Santilli, Ray
Subject: FW: Captain Nathaniel Stevens House (140 Academy Road, North Andover, MA)
Attachments: Stevens House PRA.pdf; Town Approval.docx
Adele,
This matter can be added as a consent item on the 6/23 agenda if the NA Historical Commission provides you with a
letter of support. Otherwise it will go on the agenda after we receive the letter. Feel free to contact Kathy Szyska
regarding the letter. Mr. Cornish should be invited to attend the meeting when the vote takes place. Please read the
email below for more detail.
Regards,
Andrew W. Maylor
Town Manager
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9510
Fax 978.688.9556
Email amaylor@townofnorthandover.com
Web www.TownofNorthAndover.com
w
r
r� r
RE
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From: Joe Cornish [ma i Ito:jcJ ornishC&historicnewengland.ora]
Sent: Monday, June 02, 2014 6:19 PM
To: Town Manager; Maylor, Andrew
Cc: kathleenszyska comcast.net
Subject: FW: Captain Nathaniel Stevens House (140 Academy Road, North Andover, MA)
Dear Mr. Maylor:
I have recently been in contact with Kathleen Szyska regarding a preservation restriction agreement that Historic New
England holds on the Captain Nathaniel Stevens House (140 Academy Road, North Andover, MA). The North Andover
Historic Commission will be reviewing this matter soon to make a recommendation to the Board of Selectmen for the
town to approve these restrictions which is necessary pursuant to Massachusetts General Laws, Chapter 184, sections
31-33 (please see forwarded email messages below). Once I meet with the commission I shall plan to contact you about
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moving forward with this issue based upon the commission's recommendation. In the meantime, please feel free to
contact me with any questions you or the town may have regarding this matter.
Thank you,
Joe Cornish
From:Joe Cornish
Sent: Friday, May 30, 2014 2:29 PM
To: 'kathleenszyska @comcast.net'
Subject: Captain Nathaniel Stevens House (140 Academy Road, North Andover, MA)
Dear Ms. Szyska:
Historic New England has recently worked with Mr. Robert Dale Stevens to protect the Captain Nathaniel Stevens House
(140 Academy Road)with a preservation restriction Agreement that was recorded at the Essex County North District
Registry of Deeds on May 14, 2014 (see attached copy). Pursuant to Massachusetts General Laws, Chapter 184, sections
31-33 Historic New England is seeking approval of the Town of North Andover which will make these restrictions
perpetual. As you may be aware,this is the third property in North Andover protected by Historic New England-the
Field-Hodges House (266 Main Street) and the Reverend Bailey Loring House (84 Academy Road) are also protected with
perpetual preservation restrictions.
Would you please contact me at your earliest convenience to discuss this issue and to have this item included on the
agenda of the next possible meeting of the commission? I look forward to hearing from you soon.
Joseph Cornish
Supervising Preservation Services Manager
Historic New England
185 Lyman Street
Waltham, Massachusetts 02452-5645
Tel. 617-994-6643
Email: icornish@historicnewengland.org
historicnewengland.org
Please note the Massachusetts Secretary of States office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec,state,ma.us/pre/Preidx,htm.
Please consider the environment before printing this email.
2
Mr. Andrew Mayl o r
Tarn Manage r
-North ATWover Massachusetts
Bear mr .. Mayl o r:
At our Jane : 2-01 ee-tin_q the North mover ff stari cal
Com ss-Loll vot€d unanimously to approve and support the
Historic New Inglond Preservation Plan for - the Captain
Nathaniel Stevens Rorie located at -140 Academy Road, North
Andover., and owned by Robert Stevens, This plan will preserve
an histo-ricaliy significant house, built in 1846 for Certain
Nathaniel Stevens, founder-of the Stevens Textile Mills_ in
North An dove r.
Sincerely, I Cathleen Szyska, Cfiairinan, North Andover
Hi sti cal f-mmmiss i on
PRESENT: Kathleen Szyska. Patricia Long -- Ni ias _Pelletier
- Anne Ericson Coral j had
I . MINUTES - Rick Pelletier mane a motion to accept-the
minutes from the May 12 meeting as read. Part Long seconded the
motion. The minutes were accepted by unanimous vote.
II. THE CAPTAIN NATHANIEL STEVENS HOUSE AT 140 ACADEMY ROAD -
Mr. Joseph Cornish-, from Historic New England attended the
Commission meeting to explain the future eons for the Captain
Stevens House.
Robert Stevensrthe current owner of the house,worked with
Historic New England to develop a plan to ensure the existence
of this historic house in perpetuity. In the terms of the
Agreement Historic New England will be the holder and the
enforcer of the preservation restrictions on tie house,i n
perpetuity. Any future -owner will be bound by the preservation
restrictions Historic New England will do annual site visits
to_ the :property.
According to Massachusetts law the Town Selectmen must
approve the HNE_-preservation Pion, W. -Cornish requested- that
the -North Andover Historical Commission vote their approval of
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the..plan for the Captain Nathaniel Stevens _House -and then
notify the Selectmen as to the outcome --f the vote.
. 'A motion was rude and seconded "that the North Andover
Historical Commission necomends approval of History New
England' .--rese-rvati Plan far the Captain Nathaniel Stevens
'House at 140 Stevens Street.' -The motion passed on a unanimous
vote.
1II� : FARR LEAy PROJECT - ath S-y s a shared with Commission
members the- new brochure developed -by the Farm Legacy Project .
For several, -years Anne Starr and 44i-chael Smolak, assisted by
Kathy Stevens, Sandy. Cleed= and others Aiave interviewed North
Andover farming-families. Their goal - is to preserve the farming
legacy of forth Andover_ The new brochures are available at
Town fit1T .and the North .Andover Historical Soc i-ety.
IV 1 Bey STREET - At a Special Posted Meeting on Monday
June 3 -the NARC .voted that .the 16 8erny Street farm use had
= Historical Significance. This vote is recorded in- the- May
minutes.)
At the June 9 meeting the following motion was made by Pat
-Long r and seconded by Nick Pelleti-en: t _l move that the North
Andover. #listori cal
Commission allow the demolition of the structure located at 16
Berry Street, North Andover when the fallowing conditions are
met: The Agneement presented to the Commission on June g, 2014
by North Andover Holdings LAC is signed by -Eric _Loth, Manager,
North Andover Holdings} LLC-; Curt Bellavance, Director of
Commun-ity Development; and Kathleen Szyska3 Chairman, North
Andover= Historical Commission, in the :presence of a notary who
serves as witness and officially stamps the document . '
The above ration passed uniusly.
THE -NEXT RTF =ANDOVER HISTORICAL C--0MM1SSION MEETING WILL BE
HELD_, MONDAY, JJ LY 14 f ZG1_4 AT 3P -AT TOWN HALL .
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APPROVAL OF PRESERVATION RESTRICTIONS
Pursuant to General Laws, Chapter 184, Section 32
Captain Nathaniel Stevens House
140 Academy Road
North Andover, Massachusetts
The undersigned members of the Board of Selectmen in the Town of North Andover,
Massachusetts hereby certify that the Preservation Restrictions dated May 13, 2014 and recorded
at the Essex County North District Registry of Deeds in Book 13850, Page 302 on the Captain
Nathaniel Stevens House, so called, located at 140 Academy Road, North Andover,
Massachusetts have been approved pursuant to Massachusetts General Laws, Chapter 184,
Section 32.
In approving these restrictions, the Town of North Andover assumes no responsibility,
nor accepts any liability for enforcement.
As they are the members
of the Board of Selectmen
for the Town of North Andover
Rosemary Smedile, Chair
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this—day of , 2014, before me, the undersigned notary public,
personally appeared Rosemary Smedile, Selectman, proved to me through satisfactory evidence
of identification, which was to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that she signed
it voluntarily for its stated purpose as Selectman for the Town of North Andover.
Notary Public
My commission expires:
Richard Vaillancourt, Clerk
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this_day of , 2014, before me, the undersigned notary public,
personally appeared Richard Vaillancourt, Selectman,proved to me through satisfactory
evidence of identification, which was ,to be the
person whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose as Selectman for the Town of North Andover,
Notary Public
My commission expires:
Donald Stewart, Selectman
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this_day of , 2014, before me, the undersigned notary public,
personally appeared Donald Stewart, Selectman, proved to me through satisfactory evidence of
identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose as Selectman for the Town of North Andover.
Notary Public
My commission expires:
William Gordon, Selectman
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this_day of , 2014, before me, the undersigned notary public,
personally appeared William Gordon, Selectman, proved to me through satisfactory evidence of
identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose as Selectman for the Town of North Andover.
Notary Public
My commission expires:
Tracy M. Watson, Selectman
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss.
On this_day of , 2014, before me, the undersigned notary public,
personally appeared Tracy M. Watson, Selectman, proved to me through satisfactory evidence of
identification, which was , to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that she signed
it voluntarily for its stated purpose as Selectman for the Town of North Andover.
Notary Public
My commission expires:
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PRESERVATION RESTRICTION AGREEMENT
SOCIETY FOR
THE PRESERVATION OF NEW ENGLAND ANTIQUITIES
The Parties to this Preservation Restriction Agreement(this "Agreement") are the SOCIETY
FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES,D.B.A.HISTORIC
NEW ENGLAND,a Massachusetts charitable corporation having an address at Harrison Gray
Otis House, 141 Cambridge Street,Boston,Massachusetts 02114-2702, (hereafter "Grantee")
and ROBERT DALE STEVENS having an address at P.O. Box 116,North Andover,
Massachusetts 01845-0116(herein together with his heirs,successors, administrators and assigns
called"Grantor").
RECITALS
Grantor is the owner in fee simple of certain property known as the Captain Nathaniel Stevens
House,located at 140 Academy Road,North Andover,Massachusetts, consisting of
approximately 124,323 square feet of land, shown as Lot 91B on that certain plan entitled"Plan
of Land in North Andover,MA,Prepared for Robert Stevens,#140 Academy Road,North
Andover,Massachusetts 01845,"dated October 29,2010,prepared by Merrimack Engineering
Services, and recorded with the Essex County North District Registry of Deeds (the"Regishy")
on January 4,2012,as Pl. 16618 (the "2010 ANR Plan"),together with all improvements
thereon(the "Premises"). The Premises are a portion of the land described in that certain deed
(the "Deed"),recorded with the Registry in Book 2073,Page 40. The Premises are also shown in
diagrams attached as Exhibits B and C hereto. The buildings protected by this Agreement
consists of the Captain Nathaniel Stevens House(the "Captain Nathaniel Stevens House"), and
the Captain Nathaniel Stevens Barn(the"Barn") as labeled and more particularly shown in
Exhibits B and C,and in the documentary photography on permanent file with Historic England
as more particularly described in Section 1.3.2 of this Agreement.
Grantor: Robert Dale Stevens
Grantee: Society for the Preservation of New England Antiquities,D.B.A Historic New England
Address of property: 140 Academy Road,North Andover,Massachusetts
Title Reference:Lot#1B on plan recorded with the Essex North Registry of Deeds on January 4,
2012, as Pl. 16618
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Grantee is a charitable corporation created in 1910 and exempt from income taxation under
Section 501(c)(3)of the Internal Revenue Code. By its Articles of Organization and By-Laws,
Grantee is authorized to create,impose, accept and enforce preservation restrictions to protect
sites and structures historically significant for their architecture,archaeology or other
associations.
The Captain Nathaniel Stevens House is historically significant and worthy of preservation. The
house was constructed in 1846 for Captain Nathaniel Stevens (1786-1865)and his wife,Harriet
Hale Stevens (1794-1882). Stevens was a textile manufacturer who opened the Stevens Mill in
North Andover in 1813. In 1850 Stevens' son,Moses T. Stevens (18251907) became a partner
in his business which was renamed Nathaniel Stevens and Son. The house remains in the
Stevens Family today.
The Captain Nathaniel Stevens House is comprised of a two-and-one-half-story,three-bay,west
facing main block(the "Main Block"), a one-story entry porch(the"North Entry Porch")
attached to the north elevation of the Main Block,a one-story porch(the "Northwest Porch")
attached to the west facade of the Main Block, a one-story porch(the "Southwest Porch")
attached to the west facade of the Main Block, a deck (the "South Deck")attached to the south
elevation of the Main Block,a two-and-one-half-story rear ell (the "Rear Ell") attached to the
east elevation of the Main Block, a one-story porch(the "North Porch") attached to the north
elevation of the Rear Ell, a one-story conservatory(the "Conservatory") attached to the South
elevation of the Rear Ell, a two-story porch enclosed at the second to create a sleeping porch(the
"Southeast Sleeping Porch") attached to the southeast corner of the Rear Ell, a two-story
connector(the "Connector") attached to the east elevation of the Rear Ell,a two-story wing(the
"East Wing") attached to the east elevation of the Rear Ell,a one-story service porch(the"North
Service Porch") attached to the north elevation of the East Wing, a one-story porch(the "East
Porch") attached to the east elevation of the East Wing, a one-story carriage shed(the "Carriage
Shed")attached to the south elevation of the East Wing, and a one-story deck(the "East Deck")
attached to the east elevation of the Carriage Shed. The open space of the Premises consists
primarily of lawns, gardens, and open fields,providing a natural setting that complements the
historic structure on the Premises,thereby endowing the Captain Nathaniel Stevens House with
scenic, natural and aesthetic value and significance. In recognition of these qualities,the Captain
Nathaniel Stevens House is a contributing property in both the North Andover Center National
Register Historic District and local North Andover Historic District.
Massachusetts General Laws,Chapter 184, Sections 31-33, authorizes the creation and
enforcement of preservation restrictions appropriate to the preservation of a site or structure for
its historical significance and for its natural, scenic and open condition.
Grantor and Grantee recognize the historic, architectural,cultural, scenic and aesthetic value and
significance of the Premises, and have the common purpose of conserving and preserving the
aforesaid value and significance of the Premises. To that end, Grantor desires to grant to
Grantee, and Grantee desires to accept,the Preservation Restrictions set forth in this Agreement,
pursuant to Massachusetts General Laws, Chapter 184, Sections 31-33.
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NOW,THEREFORE, in consideration of One Dollar($1.00),receipt and sufficiency of which
are hereby acknowledged, Grantor does hereby grant,release and convey to Grantee, its
successors and assigns this Preservation Restriction Agreement in perpetuity,in and to the
Premises, as follows.
1. RECITALS,DEFINITIONS_AND EXHIBITS.
1.1 Recitals. The parties acknowledge that the recitals set forth above are hue and
correct and are hereby made a part of this Agreement.
1.2 Definitions.
1.2.1 "Addition." "Addition" shall mean and include all construction attached
to the Captain Nathaniel Stevens House or Barn in any way,and any
subsequent construction that attaches to any such addition,including,
without limitation,a deck,porch,ramp, stair or landing.
1.2.2 "Structure." "Structure" shall mean any combination of materials
assembled at a fixed location to give support or shelter, including,without
limitation,a building,deck,ramp,arbor, trellis,sign,paving,fencing,
walls, game courts, swimming pools and poles(utility and other wise).
1.2.3 "Facade(s) and Elevation(s)." "Facade(s) and elevation(s)" shall
include,without limitation,all exterior doors, door frames,windows,
window sash,window frames,transoms,sidelights,hardware,wall
sheathing, clapboards, siding boards,porches,panels,cornices,moldings
and other decorative elements and all other elements,whether decorative
or structural,which support any of the foregoing. For convenience of
reference,the front elevation of the Captain Nathaniel Stevens House
facing Academy Road shall be called the west facade,the rear elevation of
the Captain Nathaniel Stevens House shall be called the east elevation,and
the other elevations of the Captain Nathaniel Stevens House shall be
called the north and south elevations, based upon such elevation's
orientation relative to the west facade.
1.2.4 "Protected Features." "Protected Features" shall mean those historical,
architectural and landscape features protected pursuant to Sections 2, 3
and 4 of this Agreement.
1.3 Exhibits.
1.3.1 Plans. Plans entitled "Floor Plan" and "Site Plan" are attached as Exhibit
B and C respectively and incorporated herein by this reference.
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13.2 Documentary Photographs. In order to establish with more certainty the
condition of the buildings and land, and the character of the Protected
Features as of the date hereof, copies of ninety-three(93)photographs
taken by J. David Bohl on February 3,4, 6 and 7, 2014,are on permanent
file'with Historic New England, labeled negative numbers 54174-A
through 54266-A,together with an affidavit specifying certain technical
and locational information with respect to such photographs. It is
stipulated between Grantor and Grantee that such copies accurately
represent the external and internal condition of the Captain Nathaniel
Stevens House,Barn and the Premises and the character of the Protected
Features on the date hereof and as of the date this Agreement is first
recorded with the Registry.
2. LAND RESTRICTIONS. Grantor agrees to maintain the Premises in accordance with
the following restrictions in order to ensure that the designed landscape features of the
Premises existing as of the date of this Agreement are preserved.
2.1 All stone walls shall be maintained as required pursuant to Section 6.9 hereof,
which, as to stone walls, shall require that vegetation threatening the stability of
the wall shall be removed from,in and around existing stone walls and stones
shall be re-set as needed, and maintenance of existing stone walls in their current
locations and configuration; and
2.2 The fencing in its entirety located along Academy Road and south of the Captain
Nathaniel Stevens House shall be maintained as required pursuant to Section 6.9
hereof.
3. EXTERIOR RESTRICTIONS. Grantor agrees that,without the prior written approval
of Grantee,no activity shall be undertaken which Grantee determines will alter or
adversely affect the appearance,materials,workmanship or structural stability of the
following exterior portions of the Captain Nathaniel Stevens House and Barn as they
exist as of the date of this Agreement:
3.1 all facades and elevations;
3.2 the massing,profile and materials of the roofs;the replacement of existing
skylights,including skylights made of modern materials, is permitted as long as
the replacement skylight is not more than 10%larger than the skylight it is
replacing;the addition of additional skylights and additional dormers being
expressly forbidden;
3.3 the chimneys in their entirety with the exception for modifications necessary for
the safe use of fireplaces; and
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3.4 all foundations.
4. INTERIOR RESTRICTIONS. Grantor agrees that,without the prior written approval
of Grantee,no activity shall be undertaken which Grantee determines will alter or
adversely affect the appearance,materials,workmanship or structural stability of the
following interior portions of the Captain Nathaniel Stevens House and Barn as they exist
as of the date of this Agreement:
Captain Nathaniel Stevens House and Bann:
4.1 all structural members and framing,including but not limited to, interior beams,
posts, gists, plates, studs, sheathing boards,rafters,purlins,masonry walls and
masonry piers;
Captain Nathaniel Stevens House:
4.2 at the Main Block and Rear Ell,the space configuration and door locations of all
rooms, closets,halls and stairhalls at the first and second stories excepting all
bathrooms;
4.3 at the Main Block and Rear Ell,all softwood floors of all rooms,closets,halls and
stairhalls at the first and second stories and attic excepting all bathrooms;
4.4 at the Main Block and Rear Ell,all plaster walls, ceilings and ceiling medallions
of all rooms,closets,halls and stairhalls at the first and second stories excepting
all bathrooms;
4.5 at the Main Block and Rear Ell,all woodwork of all rooms,closets,halls and
stairhalls at the first and second stories, including but not limited to cornices,
mantelpieces,paneling, wainscoting,baseboards, door stops, stairs,railings,
balusters, newels, doors, door casings,windows,window sash,window casing
and other decorative elements and any paint thereon,excepting all bathrooms, and
the bookcases at the south wall of the Main Block's northwest parlor and the east,
north and west walls of the Main Block's southwest parlor;
4.6 at the Main Block and Rear Ell, all door and window hardware at all rooms,
closets, halls and stairhalls at the first and second stories,excepting all bathrooms;
4.7 at the Main Block and Rear Ell, all fireplaces and hearths in their entirety;
4.8 at the Main Block and Rear Ell,all ceiling and wall light fixtures of all rooms,
halls and stairhalls at the first and second stories, excepting all bathrooms and
closets;
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4.9 at the Main Block,the sinks and their surrounding cabinetry at the second story
south bath and second story south dressing room;
4.10 at the Rear Ell,the built-in cabinetry at the southeast and northeast pantries;
4.11 at the Rear Ell and East Wing,the annunciator and servant bells at the southeast
pantry, first story east hall, second story cast stairhall,and kitchen;and
4.12 at the East Wing,the set kettle, firebox, ovens and roaster at the east wall of the
kitchen.
5. REVERSIBLE ALTERATIONS. Grantee shall approve the activities identified below,
except as noted below,provided that Grantee first determines that the proposed activity
will not alter or adversely affect any Protected Features.
5.1 installation of wood shingle or three-tab black asphalt roof shingle coverings;
5,2 installation of screens, storm windows, storm doors or window-mounted air-
conditioning units;
5.3 installation of insulation at the attic floors or in the cellar,provided that no
insulation shall be introduced in any way into any vertical wall cavities;
5.4 electrical re-wiring and installation of television,telephone and computer cables
(or supporting other similar future technologies),provided that no electrical
fixtures are in any manner imbedded in or attached to protected woodwork,
structural members and other framing are not cut or otherwise altered without the
prior approval of Grantee,and protected lighting fixtures are not altered;
5.5 removal of protected ceiling light fixtures,protected annunciator and bells, and
protected sinks provided they are labeled and stored on site;
5.6 replacement of existing plumbing lines and plumbing fixtures, including fixtures
on the sinks protected pursuant to Section 4.9 provided they are labeled and stored
on site;
5.7 interior and exterior painting or paint removal,provided that the material(s) and
method(s)to be used to remove paint shall not damage the underlying substrate;
5.8 painting of, or paint removal from, softwood floors,provided that the material(s)
and method(s)to be used shall allow hand-planed surfaces to remain visible and
undamaged, and such that sanding, grit blasting or other abrasive methods shall
not be used;
5.9 removal of the bookcases at the Main Block's northwest and southwest parlors;
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5.10 restoration of the pocket doors between the Main Block's northwest and
southwest parlors;
5.11 removal of the elevator at the Rear Ell provided that any replacement elevator be
approved in writing by Grantee prior to installation; and
5.12 replacement of broken window glass.
6. USE MAINTENANCE AND OTHER ACTIVITIES.
6.1 Additions. No additions to the Captain Nathaniel Stevens House or Barn shall be
erected hereafter without prior written approval of Grantee.
6.2 Additional Structures. No structure not on the Premises as of the date of this
Agreement shall be erected or placed on the Premises hereafter without prior
written approval of Grantee which shall not be unreasonably withheld, Grantor
may install a swimming pool and associated structures, including,but not limited
to fencing and cabanas with prior written approval of Grantee. No structures
other than fencing,trellises, garden walls, and the swimming pool and associated
structures as described above,however,may be erected south of the Captain
Nathaniel Stevens House.
6.3 Communication and Energy Source Structures.Notwithstanding any provision
in this Agreement to the contrary,freestanding or attached towers,exterior
antennas,wind turbines, solar panels,or similar communications or energy-
producing structures shall not be installed or affixed on the Premises without the
prior written approval of Grantee; installing or affixing towers and wind turbines
on the Main Block of the Captain Nathaniel Stevens House is prohibited; and
free-standing solar panels are permitted in the open land east of the Captain
Nathaniel Stevens House with Grantee's prior written approval,
6.4 Topographical Changes and Landscaping. In order to protect the historic
setting and Protected Features of the Captain Nathaniel Stevens House and Barn
no alterations may be made to the topography of the Premises that either raise or
lower grade levels by more than one (1)foot. No soil,loam,rock or mineral
resource or natural deposit shall be excavated, dredged or removed from the
Premises,no soil,refuse,trash,vehicle bodies or parts,rubbish, debris,junk,
waste or other substance or material whatsoever shall be placed, filled, stored or
dumped thereon, and no trees,hedges, shrubs, or other vegetation greater than
twenty-five feet in height,shall be removed from the Premises or otherwise
destroyed,provided that this Subsection shall not be deemed to prohibit
improvements and activities approved under Subsection 6.1 or 6.2,if any,or
permitted under Subsection 5.6. The provisions of this Subsection 6.4 shall not be
deemed to restrict activities necessary and desirable(i)to preserve or protect the
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Premises, (ii)to maintain existing trees,lawn, garden or utilities associated with
the Premises, (iii)for the planting of trees, shrubs, flowers,herbs or grasses (iv)
related to an approved Archaeology Plan or restoration after archeological activity
as provided for in Subsection 6.11, or(v)to install a swimming pool as provided
in Section 6.2.
6.5 Demolition. Grantor shall not permit or allow to occur, either through positive
action or neglect,demolition of the Captain Nathaniel Stevens House or Barr.
6.6 Relocation. No portion of the Captain Nathaniel Stevens House or Barn shall be
moved from its present location unless such moving is required by a taking
through eminent domain.
6.7 Sims. No signs,billboards or other advertising displays shall be placed on,
painted onto or affixed to the Captain Nathaniel Stevens House or Barn or the
Premises except that, subject to Grantee's prior written approval, Grantor may
erect an approved sign or marker which identifies the historical significance and
associations of the Premises. This paragraph shall not prevent Grantor from
placing temporary,free-standing signs on the lawn provided such signs are in
accordance with local law. .
6.8 Use. Grantor shall not permit any use to be carried on,in or around the Premises
that is unlawful,constitutes a nuisance, or which is determined by Grantee to be
inconsistent with the intent of this Agreement or to adversely affect the historic
significance of the Captain Nathaniel Stevens House, Barn and surrounding
landscape. Without limiting the generality of the foregoing,the Premises may be
used for a two-family residence,which may include a portion of the Premises for
a home professional office for a member of the family in each residence,provided
that such use is permitted by local zoning ordinances. With respect to matters not
covered by this Agreement, Grantor shall have the right to operate and use the
Premises in such manner as it determines,provided that such operation and use is
not inconsistent with the intent of this Agreement.
6.9 Maintenance.
6.9.1 General. Grantor covenants at all times to maintain the Captain Nathaniel
Stevens House,Barn,and the Premises in good and sound state of repair
in order to prevent the deterioration or destruction through alteration or
neglect of Protected Features.
6.9.2 Cost of Maintenance. Grantor shall assume the total cost of continued
maintenance,repairs and administration of the Premises in order to
preserve the protected architectural and historic features,materials,
appearance and workmanship of the Captain Nathaniel Stevens House and
Barn. Grantor covenants that it shall indemnify and hold Grantee
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harmless fiom and against any such costs. The foregoing shall not
prohibit the Grantor from seeking financial assistance for the foregoing
purposes from any sources available to it. There shall be no cost to
Grantor related to Grantee's inspection of the Premises as described in
Section 12,
6.10 Compliance with Law. Nothing contained herein shall be interpreted to
authorize or permit the Grantor to violate any law, ordinance or regulation
relating to building materials, construction methods or use. In the event of any
conflict between any law, ordinance or regulation and the terms hereof, Grantor
promptly shall notify Grantee in writing of such conflict and shall cooperate with
Grantee and local authorities to accommodate the purposes of both this
Agreement and such law, ordinance or regulation. No construction and no other
alteration or change of use or occupancy which would create such conflict, or
cause such conflicting law,ordinance or regulation to be applicable to the Captain
Nathaniel Stevens House,Barn or any protected element thereof, shall be
undertaken without the prior written approval of Grantee.
6.11 Archaeology, The conduct of archaeological activities, including without
limitation archaeological surveys, excavation for the purpose of archaeology and
artifact retrieval may occur only in accordance with an archaeological field
investigation plan(the "Archaeology Plan")prepared by or on behalf of the
Grantor and approved in advance of such activity in writing by the State
Archaeologist of the Massachusetts Historical Commission(or, if Massachusetts
General Laws ceases to require approval by the Massachusetts Historical
Commission for the perpetual enforceability of historic preservation restrictions,
then by the official recognized by Grantee from time to time as having
responsibilities for preservation of archaeological resources in the Commonwealth
of Massachusetts). Plans for restoration of the site of archaeological activity shall
be submitted to Grantee in advance of restoration, and such restoration shall be
conducted only in accordance with a plan approved by Grantee.
7. INSURANCE.
7.1 Proper . Grantor, at its expense, shall carry and maintain at all times property
damage insurance on the Captain Nathaniel Stevens House and Barn with full
replacement cost coverage against loss from all perils commonly covered under
the broadest standard homeowner's policy form in use from time to time,
including without limitation fire,lightning,wind storm,hail, explosion, damage
by vehicles, smoke,vandalism,malicious mischief, weight of ice, snow, or sleet,
freezing of plumbing,HVAC or sprinkler systems,and sudden and accidental
damage from artificial electrical current explosion.
7.2 Liabili . Grantor, at its expense, shall carry and maintain at all times general
liability insurance with coverage against claims for personal injury,death,and
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property damage,identifying the Captain Nathaniel Stevens House and Bain as
covered premises, and for not less than one million dollars ($1,000,000)per
person per occurrence, such sum to be increased or decreased from time to time to
reflect increases and decreases in the cost of living from the date of this
Agreement. The value shall be calculated using the United States Bureau of
Labor Statistics-Consumer Price Index for the Northeast—All Urban Goods and
Consumers,January 2014 (the"CPI") as a base. This amount shall be increased to
adjust for inflation using the following formula;
$1,000,000 x CPI January(year in Questionl
CPI for January 2014
In the event that CPI is not then in existence,the parties shall use such equivalent
price index as is published by any successor governmental agenct then in
existence or,if none,then by such non-governmental agency as may then be
publishing such an equivalent price index, in lieu of and adjusted to the CPI.
[Notwithstanding anything in this Agreement to the contrary, in the event members of the
public, as distinct front specific invitees, are allowed access to the Premises, the following
provisions shall apply in lieu of the foregoing provision of this section 7.2.
Liability, Grantor, at its expense, shall carry and maintain at all times
commercial general liability coverage identifying the Captain Nathaniel Stevens
House and Barn as covered premises, and with a general aggregate limit of not
less than one million dollars ($1,000,000)per person per year, such sum to be
increased from tune to time to reflect increases in the cost of living from the date
of this Agreement. In the event that the use of the Captain Nathaniel Stevens
House and Barn changes such that it is no longer open to the public, Grantor, at
its expense, shall subsequently carry and maintain at all times general liability
insurance, with coverage against claims for personal injury, death, and property
damage, identifying the Captain Nathaniel Stevens House and Barn as covered
premises, and for not less than one million dollars ($1,000,000)per person per
occurrence, such sum to be increased from time to time to reflect increases in the
cost of living from the date of this Agreement, Every policy required pursuant to
this Subsection 7.2 shall name Grantee as an additional insured.]
7.3 Other Requirements. Every policy required pursuant to this Section 7 shall be
issued by an insurance company rated "A" or better by AM,Best Company or
equivalent rating by a comparable rating service, and shall provide for the sending
of any and all notices of cancellation by the insurer to Grantee at least twenty(20)
days prior to any cancellation taking effect. Grantor shall promptly provide
copies of all insurance policies required by this Section and all supplements or
endorsements thereto to Grantee.
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8. CASUALTY DAMAGE.
8.1 Notice. In the event that the Captain Nathaniel Stevens House,Barn, or any
portion thereof is damaged or destroyed, Grantor shall notify Grantee in writing
within seven(7) days of the damage or destruction, and such notification shall
identify what,if any,emergency protective work has already been completed,
8.2 Restoration. Except as set forth in this Section,in the event of any casualty
damage(as hereinafter defined), (a) Grantor shall submit to Grantee a proposal in
accordance with Section 13 of this Agreement for Grantee's approval to restore
the Captain Nathaniel Stevens House and Barn using similar materials,
workmanship and design and in a manner which shall protect those Protected
Features which have not been totally destroyed, and(b) Grantor shall then restore
the Captain Nathaniel Stevens House and Barn in accordance with such proposal
as Grantee has approved. Grantee shall release casualty insurance proceeds to
fiend such approved restoration,and any casualty insurance proceeds in excess of
the cost of such restoration shall be released as directed by Grantor.
8.3 Substantial Casualty. Notwithstanding any other provision of this Agreement to
the contrary,in the event of substantial casualty damage to the Captain Nathaniel
Stevens House and Barn, Grantor may request the approval of Grantee not to
restore the Captain Nathaniel Stevens House and Barn pursuant to this
Agreement, If Grantee,in its sole discretion, determines that the extent or nature
of such casualty damage would prevent restoration in a manner which would
protect the remaining Protected Features, then Grantee may grant such approval
and Grantor may elect not to restore the Captain Nathaniel Stevens House and
Barn pursuant to this Agreement. In the event of such approval not to restore,
before any remaining portion of the Captain Nathaniel Stevens House and Bam
are relocated or otherwise altered, Grantor shall allow Grantee to enter onto and
into the Premises for the purpose of choosing and removing for posterity any such
Protected Features, or portions thereof,together with the materials in which such
features are set,that Grantee desires to salvage, and thereupon all casualty
insurance proceeds shall be released as directed by Grantor.
8.4 Damage Defined. For the purposes of this Agreement casualty damage shall be
defined as such sudden damage or loss which would qualify for a loss deduction
pursuant to Section 165(c)(3)of the Internal Revenue Code(construed without
regard to the legal status,trade,or business of the Grantor or any applicable dollar
limitations).
9. CONDEMNATION. If the Premises,or any substantial portion thereof, shall be made
the subject of a procedure threatening a taking through eminent domain, or if Grantor
shall receive notice from a governmental authority of the intent to institute such
proceeding,Grantee shall immediately be given notice thereof by Grantor. Grantee shall
have the right to enter its name as an additional party in eminent domain proceedings,
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pursuant to Massachusetts General Laws, Chapter 79, Section 5A,but shall not have the
right to any monetary award which would diminish the award to be made to Grantor
resulting from such taking.
10. TAXES. Grantor shall pay on or before the due date all general taxes, special taxes,
special assessments,water charges, sewer service charges and other charges which may
become a lien on the Premises.
11. INDEMNIFICATION. Grantor shall indemnify, defend with counsel acceptable to
Grantee, and hold Grantee harmless from and against any claims,liability, costs,
attorneys'fees,judgments or expenses to Grantee or any officer, employee, agent or
independent contractor of Grantee resulting from actions or claims of any nature by third
parties arising in connection with or out of this Agreement, including without limitation
claims related to the presence of oil or hazardous substances.Notwithstanding the
following, Grantor's indemnification of Grantee shall not extend to the willful
misconduct,negligence,or fraud by Grantee or its employees, agents or contractors.
12. INSPECTION. Grantee at its expense,pursuant to Section 6.9.2 may inspect the
Premises at least annually to ensure that the Grantor is in compliance with the
preservation restrictions hereby imposed. In addition, Grantee may inspect the Premises
more frequently during periods of repair,renovation or reconstruction as Grantee deems
appropriate for the nature of the work being conducted. Grantor agrees to grant Grantee
free access to all areas of the Premises. Such inspections shall be made at reasonable
hours and only after prior notice to the Grantor. This right of inspection shall be
assignable by Grantee to any qualified non-profit entity whose purposes include
preservation of structures or sites of historic or aesthetic significance. The failure of
Grantee to exercise this right of inspection for any period of time,however,shall under
no circumstances be construed as a waiver of such right.
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13, WRITTEN APPROVAL.
13.1 Approval. Whenever Grantor desires to undertake any activity which, by the
terms of this Agreement, is not to be undertaken without Grantee's approval,
Grantor shall first deliver to Grantee a written request for approval, describing the
specific activity proposed (including,but not limited to,the nature,scope,
schedule, budget and, if applicable, materials,design and location thereof,and by
whom the activity will be performed) in sufficient detail as determined by Grantee
to enable it to evaluate the proposed activity and the potential effect thereof upon
the features and interests protected by this Agreement(a "Request for Approval").
Grantor shall supplement the written Request for Approval with any and all
supplementary documentation, including,but not limited to, architectural
drawings, site plans,photos or digital images,as Grantee determines are
necessary to fully describe the proposed activity for the purposes of this section
13. In exercising its discretion, Grantee shall apply standards that it establishes
from time to time of general applicability to similar historic properties on which it
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holds preservation restrictions. Approval by Grantee for any such activity shall
be in recordable form, executed and acknowledged by any one or more of the
President,Treasurer,Director or such officer or officers who may succeed to their
responsibilities under other titles.
13,2 Waiver; Other Approval. Grantee may,in its sole discretion,waive the
submittal of a Request for Approval or the issuance of a recordable approval,or
both,for any activity described in Section 5. Notwithstanding any other provision
of this Agreement to the contrary, Grantee may,in its sole discretion, grant
written approval for any other activity by Grantor which is restricted by any
provision of this Agreement in addition to those activities which are not to be
undertaken without approval by Grantee,but only in accordance with the
procedures set forth in Subsection 13.1.
13.3 Timin . Grantee shall grant or deny its approval for such proposed activity not
later than sixty(60) days after the later of the date(i) Grantee has received a
Request for Approval or(ii) Grantee either inspects the Premises, as mutually and
reasonably agreed upon by Grantee and Grantor,for the purpose of evaluating
such proposal or delivers to a Grantor a written waiver of such inspection. If
Grantee does not give the Grantor a written request for such inspection within
sixty(60)days after Grantee has received a Request for Approval, Grantee shall
be deemed to have waived such inspection for such proposal.The provisions of
this Subsection 13.3 shall not apply to any proposed activity that is prohibited by
the terms of this Agreement.
13.4 Conditions. Grantee may approve or deny all or any portion of the activity set
forth in a Request for Approval,or grant its approval subject to conditions, or any
combination thereof. Such conditions may include the expiration of such
approval to activity conducted within a certain period of time or prior to
conveyance of the Premises. If an activity is conditionally approved,such activity
shall not be undertaken except in compliance with such condition(s) and the
failure to conform to such condition(s) shall be a breach of this Agreement.
Approval as to any activity shall under no circumstances be construed to waive
the requirement for approval for any other activity or for a duplication of the same
activity at a later time or affecting any other portion of the Premises.
14. DISPUTE RESOLUTION.
14.1 Submittal. Grantor agrees that if any dispute shall arise between it and Grantee
concerning the terms or conditions of this Agreement or their application in any
instance, Grantor and Grantee shall, submit such dispute for resolution by
arbitration in Boston,Massachusetts,by the American.Arbitration Association, its
successor, or other arbitral for=as mutually agreed by Grantor and Grantee (the
"Arbitration Association"),and such arbitration shall be submitted, commenced,
held and determined in accordance with the Commercial rules and regulations of
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the Arbitration Association, as hereby modified. The provisions of this Section
14 shall not,however,limit the provisions of Section 15, and if Grantor shall
submit any such dispute to arbitration as aforesaid and Grantee shall elect to seek
injunctive relief or otherwise litigate the subject matter of such dispute, Grantee
shall give notice of such election to the Arbitration Association, In such
circumstances, the arbitration shall be recessed or adjourned if the outcome of the
action brought by Grantee may render the arbitration moot. Once arbitrated,the
decision of arbitration shall be binding and enforceable in any court of competent
jurisdiction,subject to Subsection 15.2 hereof.
14.2 Appointment and Procedure. In the arbitration of any dispute involving
Sections 2, 3,4, 5, 6, 8,9 or 17 hereof, each party shall nominate a qualified
arbiter by notice to the Arbitration Association and the other party within thirty
(30) days of the initial demand for arbitration,describing such qualifications. All
challenges to a proposed arbiter's qualifications shall be submitted to the
Arbitration Association within ten(10) days thereafter and all such challenges
shall be decided by the Arbitration Association. The two arbiters appointed by
the parties shall name a third neutral arbiter within ten(10) days after such
challenge period expires. Within thirty (30)days of the appointment of the third
arbiter,the panel of arbiters shall take evidence and argument and close the
hearing,and they shall decide the matter and issue their decision within thirty(30)
days after close of the hearing. Without limiting the generality of this Section, the
fees and expenses of arbitration charged by the Arbitration Association shall be
borne equally between Grantee and Grantor unless the arbiters determine that
some other division shall under the circumstances be more equitable and such
determination of the arbiters shall be conclusive and binding upon the parties.
Notwithstanding anything to the contrary in this Subsection 14.2,if Grantor shall
fail to name a qualified arbiter in the time allotted, there will be only one arbiter,
appointed by Grantee.
14.3 Communications. The provisions of this Subsection 14.3 shall not limit the
generality of any other provision of this Agreement. If Grantee elects to give
Grantor written notice that Grantor has failed to perform or observe any
restriction, agreement or condition in this Agreement,contained on its part to be
performed or observed(a "Violation Letter"), Grantor may respond in writing
within ninety(90) days of the giving of such notice,disputing the existence of
such failure and demanding arbitration thereof(an "Objection Letter"). Grantee
may record notice of such Violation Letter with the Registry. Notwithstanding
the provisions of Subsection 14,1, Grantor may not thereafter demand arbitration
of the subject matter of the Violation Letter unless Grantor's Objection Letter
includes such demand for arbitration. If Grantor does not timely deliver an
Objection Letter to Grantee, Grantor shall conclusively be deemed to agree with
the contents of the Violation Letter and to waive all right thereafter to dispute the
existence of such failure. If an arbitration finds that the failure that is the subject
of a Violation Letter does not exist, the arbitrators may require Grantee to record
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with the Registry a rescission or extinguishment of any notice of such Violation
Letter recorded with the Registry. Whether or not Grantor delivers an Objection
Letter to Grantee,if the activity that gave rise to the Violation Letter remains in
progress, Grantor shall immediately cease such activity.
15. ENFORCEMENT.
15.1 General. If Grantor shall fail to perform or observe any restriction,agreement or
condition in this Agreement contained on its part to be performed or observed,
Grantor acknowledges that such a failure will cause Grantee irreparable harm,and
Grantee shall have the right to enforce this Agreement 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 its condition prior to the time of the injury complained of(Grantor
agreeing that Grantee has no adequate remedy at law if Grantor shall fail to
perform or observe any restriction,agreement or condition contained in this
Agreement). The foregoing shall be in addition to,and not in limitation of,any
other rights and remedies available to Grantee.
15.2 Venue and Jurisdiction. Grantor hereby irrevocably consents and agrees that
any legal action, suit or proceeding arising out of or in any way in connection
with this Agreement may be instituted or brought in the counts of the
Commonwealth of Massachusetts,including but without limitation,the United
States District Court for Massachusetts, or in the courts of any other jurisdiction
wherein Grantee's business office(s)may be located, as Grantee may elect. By
execution and delivery of this Agreement, Grantor irrevocably accepts and
submits to the non-exclusive jurisdiction of any such court and to service of any
summons,complaint and/or legal process by registered or certified United States
mail,postage prepaid,to Grantor at the Premises,such method of service to
constitute,in every respect, sufficient and effective service of process in any legal
action or proceeding. The Parties shall not seek a trial by jury in any lawsuit,
proceeding, counterclaim or any litigation procedure based upon or arising out of
this Agreement or the dealings or the relationship between Grantee and Grantor,
or any person claiming by, through or under Grantor.
15.3 Self Help. If Grantor shall fail to perform or observe any restriction, agreement
or condition in this Agreement contained on its part to be performed or observed,
other than an obligation to pay money, and shall not cure such default within
seven(7)days after notice froze Grantee specifying the failure, Grantee may,at its
option,without waiving any other remedy or any claim for damages for breach of
this Agreement,at any time thereafter apply for and obtain in its own name or in
Grantor's name such permits and approvals as may be necessary to cure such
failure, enter upon the Premises, and cure such failure for the account of Grantor,
and any amount paid or any contractual liability incurred by Grantee in so doing
shall be deemed paid or incurred for the account of Grantor, Grantor agreeing to
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reimburse Grantee promptly therefor and save Grantee harmless therefrom.
Grantee may cure any such failure as aforesaid prior to the expiration of said
waiting period, but after notice to Grantor,if the curing of such failure prior to the
expiration of said waiting period is reasonably necessary to protect the Premises
or any Protected Features. Without limiting the generality of this Subsection
15.3, Grantor's obligation to reimburse Grantee as aforesaid shall be entitled to
the status of a contract pursuant to Massachusetts General Laws, Chapter 254,as
amended from time to time(sometimes known as the Mechanics' Lien Law)and
in order to cause this Agreement to constitute a Notice of Contract or such other
notice as is necessary to afford Grantee the right to file a claim pursuant thereto,
notice is hereby given that by virtue of this Agreement between Grantor and
Grantee, as contractor for the purposes of this Subsection 15.3, Grantee may
furnish labor and material or rental equipment, appliances or tools for the
erection, alteration,repair or removal of a building, structure, or other
improvement on the Premises as set forth in this Section.
15.4 Mortgage Protection. Any lien which may arise pursuant to this Section 15 shall
be subject and subordinate to any mortgage of record held by a bank,saving and
loan association,trust company, credit union, insurance company, pension fund or
other institutional lender to the extent of the principal amount secured by such
mortgage and disbursed as of the date such notice of lien is recorded.
15.5 No Waiver. Failure of Grantee to complain of any act or omission on the part or
Grantor, no matter how long the same may continue,shall not be deemed to be a
waiver by Grantee of any of its rights hereunder. No waiver by Grantee at any
time, express or implied,of any breach of any provision of this Agreement shall
be deemed a waiver of a breach of any other provision of this Agreement or a
consent to any subsequent breach of the same or any other provision. No waiver
by Grantee at any time of the requirements for submittal of a Request for
Approval or issuance of a recordable approval,pursuant to Subsection 13.2, for an
activity described under Section 5 shall be deemed a waiver of such requirements
as to such activity at any other time or as to any other activity. No payment by
Grantor or acceptance by Grantee of a lesser amount than shall be due from
Grantor to Grantee shall be deemed to be anything but payment on account, and
the acceptance by Grantee of a check for a lesser amount with an endorsement or
statement thereon or upon a letter accompanying such check that such lesser
amount is payment in full shall not be deemed an accord and satisfaction, and
Grantee may accept such check without prejudice to recover the balance due or.
pursue any other remedy. Any and all rights and remedies which Grantee may
have under this Agreement or by operation of law, either at law or in equity,upon
any breach shall be distinct, separate and cumulative and shall not be deemed
inconsistent with each other, and no one of them, whether exercised by Grantee or
not, shall be deemed to be in exclusion of other, any two or more or all of such
rights and remedies being exercisable at the same time.
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15.6 Estoppel Certificate. Grantee agrees to deliver to Grantor and/or to any holder
of a mortgage on the Premises identified by Grantor a statement to Grantee's
knowledge whether Grantor is in compliance with this Agreement,not later than
thirty(30)days after the later of the date(i) Grantee has received a written request
for such statement from Grantor, or(ii) Grantee either inspects the Premises, as
mutually and reasonably agreed upon by Grantee and Grantor,for the purpose of
responding to such request or delivers to a Grantor a written waiver of such
inspection. If Grantee does not give the Grantor a written request for such
inspection within fifteen(15)days after Grantee has received such request from
Grantor, Grantee shall be deemed to have waived such inspection for such
request.
16. EXTINGUISHMENT. Grantor and Grantee acknowledge the possibility that
circumstances may arise in the future to render the purpose of this Agreement impossible
to accomplish. In addition, both parties recognize that the possibility of condemnation
and casualty always exists. In the event such circumstances do in fact arise,the parties
agree that those provisions of this Agreement which are rendered impossible of
performance by such circumstances,condemnation or casualty,may be extinguished by
judicial proceedings in a court of competent jurisdiction and in compliance with the
applicable requirements of Massachusetts General Laws chapter 184,section 32,as it
may be amended from time to time, including approvals by the Town of North Andover
and the Massachusetts Historical Commission following public hearings to determine that
such extinguishment is in the public interest, All other provisions of this Agreement shall
remain in full force and effect unless and until this Agreement is terminated or
extinguished in compliance with said requirements.
17. TRANSFERS.
17.1.1 Subdivision and Leasing;Transfer Zones. Except as set forth in this Section
17 hereafter regarding the Limited Parking Transfer Zone and the Residential
Transfer Zone (each hereinafter defined),the Premises shall not be subdivided
for conveyance or lease, provided that this Section shall not be deemed to prohibit
the leasing of the Captain Nathaniel Stevens House or Barn for uses permitted by
this Agreement. For the purposes of this Agreement,the definition of"to
subdivide" shall include to cause any-portion of the land less than the entirety
thereof to be divided, conveyed or made conveyable as a distinct parcel apart
from the remainder of the land,including,to submit a plan which shows the land
as other than one unitary lot for the preliminary or final approval or endorsement
of any governmental authority for such a division, or to cause any such plan
(whether or not approved or endorsed by a governmental authority)to be filed or
recorded with any land records office or registry. Any lease or occupancy
agreement of the Premises or any portion thereof shall be in writing and shall
include the following notice in capitalized letters: "This Lease is subject to a
Preservation Restriction Agreement granted to the Society for the Preservation of
New England Antiquities D. B.A. Historic New England, a copy of which is
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attached hereto,which substantially restricts construction,alteration and
redecorating activities inside and outside the Premises subject to this Lease.
Notwithstanding any other provision of this Lease,no such activity shall be
undertaken without prior review of such restrictions and strict compliance
therewith. Any failure to comply with such restrictions may,at Landlord's sole
discretion,be deemed a default under this Lease."
17.1.2 Limited Parking Transfer Zone. The"Limited Parking Transfer Zone"is
the area of land south of a line connecting the following two (2)points on the
boundaries of the Premises: (A)that certain point on the boundary of the Premises
with Lot 2B as shown on the 2010 ANR Plan at a distance of one hundred feet
(100') north of the southeast coiner of Lot 1 B as shown on the 2010 ANR Plan;
and(B)that certain point on the boundary of the Premises with Academy Road as
shown on the 2010 ANR Plan a distance of one hundred forth seven and thirty-
one one hundredths feet(147.31 )north of the southwest corner of Lot 1B as
shown on the 2010 ANR Plan. The portion of the Premises north of the line
connecting those two points contains approximately 94,165 square feet of land,
more or less.The distance of said boundary points from the corners of Lot 1B
may be up to five percent(5%) different than as hereinabove set forth,which
accordingly may result in a different land area of the portion of the Premises north
of the line connecting those two points. Notwithstanding any other provision of
Us Agreement to the contrary,from time to time Grantor may subdivide and
convey the land of the Limited Parking Transfer Zone to Center Realty Trust or
another similar private organization, or its successor from time to time as owner
of the land abutting the Limited Parking Transfer Zone, in any number of
conveyances. Upon recording of such a conveyance,this Agreement shall
automatically, without the necessity of any amendment or other writing,be
extinguished as to the land so conveyed,but in all other respects this Agreement
shall continue in full force and effect. In the event such conveyance inadvertently
creates a gap or gore between the land so conveyed and the land of the grantee
thereof,this Agreement shall likewise be extinguished from the land in the gap or
gore. In the event a conveyance of land in the Residential Transfer Zone pursuant
to Subsection 17.1.2 occurs prior to a conveyance pursuant to this Subsection
17.1.1 and results in boundaries of the Premises other than as shown on the 2010
ANR plan,the northerly boundary of the Limited ParkingTransfer Zone shall
nevertheless be drawn using points determined as aforesaid.
17.1.3 Residential Transfer Zone. The"Residential Transfer Zone"is the area of
land of the Premises twenty-five (25') feet in depth parallel to Lots 2B and 3B as
shown on the 2010 ANR Plan.Notwithstanding any other provision of this
Agreement to the contrary, from time to time Grantor may subdivide and convey
land within the Residential Transfer Zone that is contiguous to said Lot 2B or 3B
to the owner at such time of said Lot 2B or 3B,as the case may be, in any number
of conveyances. Upon recording of such a conveyance,this Agreement shall
automatically, without the necessity of any amendment or other writing,be
18
extinguished as to the land so conveyed,but in all other respects this Agreement
shall continue in full force and effect. In the event such conveyance inadvertently
creates a gap or gore between the land so conveyed and the land of the grantee
thereof, this Agreement shall likewise be extinguished from the land in the gap or
gore.
17.2 Insertion in Subsequent Instruments. Grantor shall insert a reference to this
Agreement,such reference to include Registry book and page number of this
Agreement,into any subsequent deed or other legal instrument by which Grantor
divests itself of either the fee simple title to or any lesser estate in the Premises.
Concurrently,with its entering into any such deed or other legal instrument,
Grantor shall give written notice to Grantee of same. Failure by Grantor to
comply with the requirements of this Subsection 17.2 shall not affect the validity,
enforceability or priority of this Agreement or any lien arising hereunder.The
provisions of this Section shall not be applicable to a transfer in fee of land of the
Limited Parking Transfer Zone or the Residential Transfer Zone.
173 Written Acceptance. Before taking legal possession of the Premises or any
portion thereof, each new Grantor of the Premises shall indicate its acceptance of
these preservation restrictions contained herein by a letter to Grantee. Such
acceptance shall include a promise to maintain at all times and in good condition,
the significant historical,architectural, scenic and environmental characteristics of
the Premises covered by these restrictions. Failure by any new Grantor to so
indicate, and failure by Grantee to demand such indication, shall not affect the
validity,enforceability or priority of this Agreement or any lien arising hereunder.
17.4 Restrictions Run with the Land. Notwithstanding anything to the contrary
contained in Section 16 above,the burden of this Agreement shall constitute a
binding servitude,shall run with the land in perpetuity.
17.5 Assi ng ment. All of the rights and restrictions enforceable by Grantee pursuant to
this Agreement shall be assignable by Grantee for preservation purposes only and
without consideration,to any governmental body or any entity described in
Section 170(b)(1)(A) of the Internal Revenue Code of 1986 as amended whose
purposes include preservation of structures or sites of historic or architectural
significance in perpetuity. Any such nongovernmental entity must also be
qualified to hold preservation restrictions under Massachusetts General Law,
Chapter 184,Section 32.
18. NOTICES. Every notice,request, demand,consent, waiver or other communication
which either party hereto may be required to give to the other party pursuant to this
Agreement,shall be in writing and shall be given either by postage prepaid registered or
certified U.S. mail with return receipt requested or by a national overnight delivery
service with acknowledgment of receipt required--if to Grantor,then to Grantor at the
Premises, and if to Grantee, then to the Historic New England Stewardship Program,
19
Historic New England, 185 Lyman Street,Waltham,Massachusetts 02452-5645. Each
party may change its address set forth herein by written notice to such effect to the other
party. Such notice,etc., shall be deemed given as of the sooner of the date of signed
receipt or the date when delivery was first attempted.
19. SUBORDINATION OF PRIOR LIENS. Grantor represents and warrants to Grantee
that the Premises are subject to no mortgages,liens,leases,restrictions, easements or
encumbrances prior in right to this Agreement.
20. MISCELLANEOUS. The following provisions in this Section 20 shall govern the
effectiveness, interpretation and duration of this Agreement:
20.1 Counterparts. This Agreement, with all exhibits hereto,is executed in three(3)
identical counterparts. After execution hereof, one(1)such counterpart shall be
held by each of Grantor and Grantee, and one(1)such counterpart shall be
recorded immediately at the Registry.
20.2 Strict Construction. Any rule of strict construction designed to limit the breadth
of restrictions on alienation or use of property shall not apply in the construction
or interpretation of this Agreement,and this Agreement shall be interpreted
broadly to effect its purposes, and the restrictions herein contained.
20.3 Owner. This Agreement shall extend to and be binding upon the Grantor, and all
persons hereafter claiming under or through the party executing this Agreement as
"Grantor" and all successors in title to the Premises, and the word "Grantor" when
used herein shall include all such persons,whether or not such persons have
signed this Agreement or now have an interest in the Premises. A person who
ceases to hold title to the Premises after having been a Grantor shall cease to have
any liability hereunder to Grantee except that such person shall remain jointly and
severally liable with the successors as Grantor for any monetary liability
hereunder to Grantee that accrued during the time of such person's ownership.
20.4 Amendment. For purposes of furthering the preservation of the Captain
Nathaniel Stevens House and Barn,and of furthering the other purposes of this
Agreement,and of meeting changing conditions, Grantor and Grantee are free to
amend jointly the terms of this Agreement in writing in accordance with the
requirements of Massachusetts General Laws, Chapter 184, Sections 31-33, and
such amendment shall become effective upon recording at the Registry.
20.5 Validity of Agreement. This Agreement is made pursuant to Massachusetts
General Laws, Chapter 184, Sections 31-33, but the invalidity of such statutes or
any part thereof shall not affect the validity and enforceability of this Agreement
according to its terms, it being the intent of the parties to agree and to bind
themselves,their heirs, successors,administrators and assigns in perpetuity to
each clause of this Agreement whether it be enforceable by reason of any statute,
20
I
it
I
common law or private agreement either in existence now or at any time
subsequent hereto. This Agreement may be re-recorded at any time by any person
if the effect of such re-recording is to make more certain enforcement of this
Agreement or any part thereof. The invalidity or unenforceability of any
provision of this Agreement shall not affect the validity or enforceability of any
other provision of this Agreement or any ancillary or supplementary agreement
relating to the subject matter herein.
20.6 Captions. The captions used as headings for the various Sections and
Subsections of this Agreement are used only as matter of convenience for
reference, and are not to be considered a part of this Agreement or used in
determining the intent of the parties to this Agreement.
20.7 No Warranty. The approval by Grantee of any action by Grantor, including
without limitation,the approval of the design of any alteration or construction,
shall not constitute a warranty,representation or acknowledgment that any action
taken in conformity with such approval shall comply with any law,regulation,
order,ordinance, code or by-law or shall be suitable for any particular purpose,
and Grantor shall be solely responsible for its own actions.
20.8 Time. Where a specific number of days are stated for an activity to occur,time is
of the essence. If any act required under this Agreement becomes due on a
Saturday, Sunday or legal holiday in the Commonwealth of Massachusetts,then
such act shall be due on the immediate following business day.
I
I
21
I
IN WITNESS WHEREOF,the parties hereto have executed this Agreement under seal this
13 4,t day of ,2014.
WITNESS SOCIETY FOR THE PRESERVATION
OF NEW ENGLAND ANTIQUITIES
D.B.A,MSTORIC NEW ENGLAND
/.}rt
Carl R.Nold,President and CEO
COMMONWEALTH OF MASSACHUSETTS
County of Suffolk, ss.
On this C day of 2014,before me,the undersigned notary public,
personally appeared Carl R.Nold,President and CEO,proved to me through satisfactory
evidence of identification,which were F � - , to be the person
whose name is signed on the preceding or•attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose as President and CEO of Historic New England, a
corporation,
Noty Pub c
My commission expires:
..te�aa
d �
pur�c
Notary �
ONyjFJILIM Of
my EMM
sW bet 24.2016
22
WITNESS GRANTOR HUZLLIZ
Robert Dale Stevens
COMMONWEALTH OF MASSACHUSETTS
County of Essex, ss,
On this k day of C ,2014,before me,the undersigned notary public,
personally appeared Ro ert Dale roved to me through satisfactoiy evidence of
identification,which were cx4 A-Stevens,�c�-e- , to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
Notary Public
My commission expires:
!24..+7:'•,41-dJARA n•��..r,'•:t's^u:cE r^^_-t+ ,
&� ' -'A:VAKESE
Notary Publlc
CObIN0N1',' THOFMASSACHUSETTS
ul My Coo mmission Expires
JUIy?2,2016
ICI
23
EYIHBIT A
INTENTIONALLY OMITTED.For description of the Premises, see the first
Recital of this Agreement.
i
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ACADEMY ROAD
NORTH ANDOVER
POLICE
-•-Community Partnership---
The Office of
Chief Paul J. Gallagher
TO: Andrew Maylor,Town Manager
FROM: Paul J. Gallagher, Chief of Police ' Y
RE: Essex County Mutual Aid Agreement
DATE: June 18,2014
Attached please find the Essex County Chiefs of Police Memorandum of Understanding for the
"Interagency Mutual Aid Agreement". This agreement, in essence, allows Essex County Chiefs
a formal method of requesting immediate assistance from neighboring communities during a
critical incident or a crime in progress. This agreement has already been approved by Middlesex
County Police Chiefs and many other towns within Essex County(and ongoing in others).
I respectfully request the North Andover Board of Selectmen approve this as well. There are
quite a number of benefits to this agreement,but the most important aspect is that crimes do not
stop at a border of a city or town and criminals should not be able to avoid arrest by escaping
into another community. Other such benefits include on-duty officers in another jurisdiction will
have the ability to take police action if they observe a crime in progress and also execute search
and arrest warrants if their case so justifies. Recently the SJC affirmed the validity of this type
of agreement in Commonwealth v.Bartlett decision.
I have also attached news articles of the benefits of this agreement that Middlesex County Chiefs
completed and implemented.
This agreement could be exercised in several ways but most commonly will fall under two
categories:
➢ A request for mutual aid from another Party(Official Request),which may
include,but not limited to:
o Terrorist or enemy action
o Natural disaster
• School or workplace violence
• Civil disturbance
• Impaired Driving
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-685-0249
• Storm or Flood
• Fire
• Any other operation/investigation requiring regional response
➢ While on duty in their own community, a.Police Officer or Officers may self-
initiate a police action in another jurisdiction(Self-Activation) for any lawful
purpose, which may include,but is not limited to:
• Reckless/Negligent motor vehicle operation
• ME in progress
• Assault&Battery in progress
• Domestic Situation
• Any public safety hazard to the public or Officer
In alI circumstances, any Police Officer exercising powers under this agreement
must be an active officer, in good standing and on duty at the time of the incident in question,
I
I
YourArlington.com I Your news,your views in Arlington,Mass.- Case involving chief hi... Page 1 of 2
Case involving chief highlights historic police accord
Last Updated on Sunday, 06 April 2014 20:13 1 Written by Various sources ( Hits: 255
Police departments in 54 Middlesex County communities have gained approval of theira
civilian leaders to join a historic mutual-aid agreement that chiefs predict will increase
traffic enforcement in border neighborhoods,accelerate investigation of multitown crimes
and improve safety for officers,especially at night.
Arlington Chief Fred Ryan,when he was a lieutenant with Concord police,was involved in
a case that illustrates the impact of the new agreement.He led the effort to gain the accord. Ryan
The case,described in The Boston Globe on March 18, says Ryan tried to stop a suspected
drunken driver but did not do so until the car crossed into neighboring Acton.That meant the evidence Ryan
witnessed could not be used in court, according to a 1990 state Supreme Judicial Court ruling.
"I don't think that's what the public expects from the criminal justice system," Ryan told The Globe.
The new memorandum of understanding means that an officer from a participating Middlesex community
can make an arrest in another participating community when an arrestable crime unfolds in front of them,
police said.
In a news release Tuesday,March 18,the Middlesex County Chiefs of Police Association announced the
signing of the Massachusetts Interagency Mutual Aid Agreement, authorized by the General laws of the
Commonwealth,which will empowers on-duty police officers in one jurisdiction to respond to public safety
emergencies in other participating jurisdictions in certain circumstances.
The historic agreement,to date signed by 51 of the 54 communities in Middlesex County,as well as
Wellesley,Lynnfield and Saugus,establishes a strategic working partnership among the police departments
that will provide community benefits in both day-to-day life and during a major incident.
The crux of the agreement is twofold:First,police chiefs now have a formal method of requesting immediate
mutual aid assistance from neighboring communities during a critical incident or crime in progress. Second,
an on-duty police officer,who may be traveling to court for the day or transporting a prisoner,can act if they
observe a drunken driver or other unlawful behavior while traveling through another community.
"Police officers are expected to always be police officers,and they should never have to put themselves or
others in danger by hastily rushing to stop a reckless driver or wanted felon before the town line,"Weston
Police Chief Steven Shaw,president of the Middlesex County Chiefs of Police Association, said in the
release.
"Crime doesn't stop at the border,and this agreement will help ensure that criminals can't escape the law by
escaping one community.
The agreement is the product of more than a year of research and work by a special subcommittee of the
Middlesex County Chiefs of Police Association, led by Ryan. The work stemmed from two Supreme Judicial
Court Decisions: Commonwealth v. LeBlanc(1990)and Commonwealth v. Bartlett(2013).
In the LeBlanc case,a drunken-driver's case was thrown out because a Natick Police Officer followed the
driver,who had been speeding and ran a red light,over the border into Framingham.The case left police
with little recourse,under the law at the time.
The Bartlett case,however,held that police departments could establish Inter Agency Mutual Aid
Agreements, extending policing powers to neighboring communities. Middlesex is the first county in
http://www.yourarlington.com/home/news/town-meting/374-police 1/6497-accord-31814.h... 6/17/2014
YourArlington.com I Your news,your views in Arlington,Mass. - Case involving chief hi... Page 2 of 2
Massachusetts to sign a countywide Inter Agency Mutual Aid Agreement.
The agreement also covers nearly every community that the 2014 Boston Marathon will pass through.Major
events such as the marathon attacks last year and the security efforts for the marathon this year underscore
the need for cooperation among different law enforcement organizations.
"Major events in Massachusetts and elsewhere have highlighted the need for police departments to work
together more effectively,and these events have shown that we are indeed more effective when we work
together,"Bedford Police Chief Robert Bongiorno,secretary of the Middlesex County Chiefs of Police
Association,said in the release.
"Working together,across invisible boundaries, is a real step in the right direction,"said Belmont Police
Chief Richard McLaughlin,treasurer of the association. "I'm proud to sign this agreement.It will make the
community safer,and it will keep police officers safe."
The agreement allows municipal police chiefs to retain command and control of incidents in their
communities during incidents.It also requires police officers to notify the commanding officer of the
community when they enter to conduct policing activities.
The officers will either be requested as mutual aid from the neighboring community, or they may "self-
activate"when they observe or become aware of a violation of the law across the border.
The on-duty police officer may exercise their police powers within any community covered under the
agreement:to prevent harm to the public,prevent property damage, stopping unlawful behavior,
investigating possible criminal activity, increasing the manpower/capabilities of the department,detaining
offenders,or enforcing traffic laws.
Of the three remaining departments in Middlesex County,the chiefs of the Waltham and Winchester Police
Departments have submitted the agreement to their municipal government for approval.Cambridge has not
signed the agreement at this time.
This story was published Tuesday. March 18, 2014,
Category: News/Police
http://www.yourarlington.com/home/news/town-meting/3 74-police 1/6497-accord-31814.h... 6/17/2014
EVERETT P.D. SIGNS MUTUAL,AID AGREEMENT Boston News Group.com MET... Page 2 of S
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http://bostomewsgroup.com/2014/04/08/everett-p-d-signs-mutual-aid-agreement/ 6/17/2014
EVERETT P.D. SIGNS MUTUAL AID AGREEMENT Boston News Group.corn MET... Page 3 of 5
has been submitted to their municipal 07 Robyn an Maiden,
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memorandum of understanding is an
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issue started 24 years ago in the case of
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police officer followed a speeding car into > Maiden Cultural
Council
Framingham and upon stopping the motor Grantee ReceptionJune
vehicle, determined the operator to be 17, 2014
intoxicated, The Massachusetts State > Mashpee
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because the Natick officer had no reason Tribe Announce
Details Of 93rd
to stop the motor vehicle outside of his Annual
jurisdiction. This mutual aid agreement Pow WowJune
should close the legal loophole which still 17, 2014
existed after the LeBlanc decision." > Century Bank
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The agreement allows municipal chiefs of to the Intimate
police to retain command and control of Partners Project,lune
incidents in their communities. It also 17, 2014
requires on-duty police officers to notify > Congressman
commanding officers of the community Stephen Lynch
endorses
they are entering when conducting law Warren Tolman
enforcement activities. This agreement for
also authorizes an on-duty police officer Attorney GeneralJune
to take action if they observe a crime in 17, 2014
progress in another community which is a > Announcing the
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partner to the Massachusetts Interagency Challenge and
Mutual Aid Agreement, Chief Mazzie also the BCYF Sox
stated, "The benefit to the police action in Talk
a neighboring community will be the Baseball ClinicsJune
prevention of a crime in progress by a 17,2014
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http://bostonnewsgroup,coni/2014/04/08/everett-p-d-signs-mutual-aid-agreemenV 6/17/2014
EVERETT P.D.SIGNS MUTUAL AID AGREEMENT I Boston News Group.com MET... Page 4 of 5
overall improvement in public safety as Superintendent
police officer's response will no longer be Announce Guilty
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limited to his police powers being limited Triple ShootingJune
to the city or town he serves." 17, 2014
Mayor Carlo DeMaria also praised the law City of
enforcement agreement, "Crime often Cambridge
Danehy Park
does not stop at city and town borders. Concert Series
This agreement gives police officers the presented
ability to perform law enforcement by PassirnJune
functions in other cities and towns in a 17, 2014
collaborative effort without exposing our > GOOD
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city and our officers to liability." TODAY IS by
The Mayor and the Chief further reported John DwyerJune
that all Everett Police Officers will receive 17, 2014
> GOOD
training on the mutual aid agreement as MORNING—
quite often Everett Police Officers are TODAY 13 by
called upon to serve in other communities John DwyerJune
on public safety or traffic control police 17, 2014
officers. Are Your City or
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Restaurants in
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June 14, 2014
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Related
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Chiefs Sign Chiefs Sign Community
Historic Historic Police Effort
Accord Inter Accord Inter Nets
Agency Agency Suspects,
Mutual Aid Mutual Aid Recovery of
Agreement Agreement Stolen Goods
in Rash of
Housebreaks Follow
http://bostonnewsgroup.com/2014/04/08/everett-p-d-signs-mutual-aid-agreement/ 6/17/2014
Middlesex County officials sign mutual aid agreement-Boston News, Weather, Sports ... Page 1 of 1
Middlesex Coun
agreement
Posted.,Mar 18,20 14 8:18 AM EDT
Updated:Mar 18,2014 3:83 PM EDT
WOBURN,Mass.(MyFoxBoston.com)--A mutual aid agreement signed by police officials in Middlesex
County will allow on-duty police officers to act H they observe unlawful behavior while traveling through another
community.
In a press release issued Tuesday,the Middlesex County Chiefs of Police Association announced the signing
of what they call the Massachusetts Interagency Mutual Aid Agreement.The agreement has been signed by
51 of 54 communities in the county,as wall as Wellesley,Lynnfield,and Saugus.
Officials say police chiefs now have a formal way of requesting aid from neighboring communities.The
agreement also gives an on-duty Officer traveling to court or transporting a prisoner the ability to act If they
witness unlawful behavior while driving through another community.
"Crime doesn't stop at the border,and this agreement will help ensure that criminals can't escape the law by
escaping one community,"said Weston Police Chief Steven Shaw,President of the Middlesex County Chiefs
of Police Association.
Police say the agreement was created after an accused drunk driver's case was thrown out because a Natick
police officer followed the driver into Framingham,
Middlesex is the first county in Massachusetts to sign a county-vide mutual aid agreement.They note that the
agreement also covers nearly every community the 2014 Boston Marathon wilt pass through.
t
26 FOX Drive DIDN'T FIND WHAT YOU WERE
Dedham,MA 02026
Phone(781)467.2525 SEARCH FOR IT HERE
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9 All content to CopydQnt 2080.2014 F-ox Tetevmton Stations,inn,and Wsddrow.All It III
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http://www.myfoxboston.com/sto,ty/25003163/2014/03/18/"middlesex-county-officials-sign... 6/17/2014
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51 Middlesex c ommunities sign historic mutual aid agreement for local police department... Page 1 of 4
'UTT' 80own,
Metro
Lottery
Obituaries
Globe North
Globe South
Globe West
Getting In
In this section.Metro
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Gulfstream company stresses checklists following crash
Boston Police recruits join commissioner on run
Aaron Hernandez defense wants Odin Lloyd murder charge dropped
LTMass Boston marks 5otb birtbday
Joe Finn clear cboice for fire commissioner
Chelsea man accused of beating woman with pipe held on bail
Peabody man pleads not guilty in police chase from N.H.to Boston
loo displaced after apartment building fire in Holyoke
Probation supervisor says family friend aided promotion
Acrobats hurt in fall hire legal firm
Sharon man charged in crash that killed woman
Walsh hails opening of new Bromley-Heath learning center
N.H.governor says public works budget set too high
Grossman,Coakley spar over campaign finance pledge
Sandy funds to help Rhode Island rebuild,prepare
Coast Guard Cold War mission celebrated
Vandals destroy trees in South Boston
3-year-old girl found wandering in Springfield
Middlesex mutual aid deal
hailed by olice
By John R EHement I GLOBE STAFF MARCH 18, 2014
The woman, according to her husband,was combative, drunk, and driving the
family car with the couple's three children inside,including an infant who had
been hurriedly tossed in,without being,strapped into a child safety seat.
Shortly after Concord police learned about the danger facing the children,then-
Concord police Lieutenant Frederick Ryan tried to stop the vehicle in his town.
But momentum carried the car across the town line and into neighboring Acton,
and the evidence he saw of drunken driving—the woman was a repeat drunk
driver—was not available to prosecutors because of a iggo Supreme Judicial
Court ruling.
CONTINUE READING BELOW
http://wvww.bostonglobe,conl/metro/201.4/03/17/mi.ddlesex-communities-sign-historic-mut... 6/17/2014
51 Middlesex communities sign historic mutual aid agreement for local police department... Page 2 of 4
"I don't think that's what the public expects from the criminal justice system,"
said Ryan,who is now police chief in Arlington.
Now, some 24 years after that SJC ruling, police departments in 51 Middlesex
County communities have gained approval of their civilian leaders to join a
historic mutual aid agreement that chiefs predict will increase traffic enforcement
in border neighborhoods,accelerate investigation of multitown crimes,and
improve safety for officers, especially at night.
The memorandum of understanding essentially means that an officer from a
participating Middlesex community can make an arrest in another participating
community when an arrestable crime unfolds in front of them,police said.
"If you see a uniformed officer in the presence of a criminal act,you expect that
officer to act, don't you, as a citizen?In many cases,they don't have that
authority,"said Ryan who has led the effort by the Middlesex County Chiefs of
Police Association to get communities on board. "This solves that."
Ryan said the mutual aid agreement means that an Arlington resident whose
credit card was used by an identity thief in Bedford won't have to go to Bedford
police for help,as historically was the case.Now,Arlington police can open a file
that can later be shared with Bedford police,he said.
CONTINUE READING BELOW
"It isn't like Arlington officers are going to be up in Lowell running radar.We've
got enough to do on our own," Ryan said. "But it does leave us poised to share
assets and resources."
Bedford Police Chief Robert Bongiorno said the agreement does not grant local
police new powers of arrest. Instead,it confirms existing law,but eliminates the
cumbersome step of officers first being sworn in as special police officers before
they can act in another community.
"This doesn't change anything,"said Bongiorno. "What it does is enhance
things."
http://www.bostonglobe.com/metro/2014/03/17/middlesex-communities-sign-historic-mut... 6/17/2014
51 Middlesex communities sign historic mutual aid agreement for local police department... Page 3 of 4
Local police have long chafed under the restrictions imposed on them,especially
when it came to significant arrests that grew out of civil traffic infractions,like a
person running through a stop sign. But the chiefs' association is now relying on a
2013 SJC ruling that said mutual aid agreements were one way to avoid the legal
black hole created by the 1990 ruling.
According to the chiefs association, Middlesex is the first county in
Massachusetts where such an agreement has been signed. In addition to 51
Middlesex communities,the agreement includes Wellesley, Lynnfield, and
Saugus.According to the chiefs group,departments in Winchester and Waltham
have endorsed the idea,but Cambridge has not joined in.
No one from the Cambridge police department could be reached for comment
Monday.
John R.Ellement can be reached at ellementPolobe.com.Follow him on Twitter
@JREbosplobe.
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http://www.bostonglobe.com/metro/2014/03/17/Middlesex-communities-sign-historic-mut.., 6/17/2014
i
MASSACHUSETTS 412 b
INTER AGENCY MUTUAL AID AGREEMENT
Sponsored by:Essex County Chiefs of Police Association
The signatory Municipal Police Departments of the Commonwealth of Massachusetts and contiguous
communities, all acting through their respective Chiefs of Police and, other authorized signatories,
referred hereinafter collectively as "the Parties,"witness:
WHEREAS, the Parties to this agreement ("Agreement") recognize that, in certain situations the ability
of police officers to exercise sworn police powers outside of the territorial limits of the municipality
where such officers are regularly employed may be desirable and necessary in order to preserve officer
safety and protect the lives,safety, and property of the public of each participating community; and
WHEREAS, Chapter 40, Section 8G, of the Massachusetts General Laws, duly accepted by each of the
Parties, authorizes cities and towns that have accepted its provisions to enter into agreements with
other cities and towns to provide mutual aid and support; and
WHEREAS, each Party desires to enter into an agreement that sets forth mutually agreeable terms and
conditions for the furnishing of law enforcement mutual aid for the exercise of police authority by police
officers of each Party within the territorial limits of each other Party;
NOW THEREFORE,the Parties hereto mutually agree as follows:
Section 1.0 Purpose &Authority:
This Agreement constitutes an agreement by, between, and among the Parties to establish a strategic
working partnership to address public safety concerns including but not limited to: providing mutual aid
for the member police departments because of terrorist or enemy action; natural disaster; unusual
occurrence, including but not limited to fire, flood, storm, earthquake, landslide, aircraft accident,
search or rescue operations; other natural or man-caused incidents requiring exceptional police action;
school or workplace violence; riot; mob action; civil disturbance; demonstration; urban insurgency;
impaired driving; drug distribution; electronic & cybercrime; combating violent street gangs and
associations, as well as any law enforcement operations that require more sophisticated investigation
on a regionalized basis or any situation (i.e. traffic offenses) threatening the peace and tranquility in the
Parties'jurisdictions.
In order to address these public safety concerns, the Parties hereby agree to have sworn police officers
from each department empowered to operate with full police powers, including the power of arrest, in
each signatory community, as authorized under M.G.L. c. 40, § 8G. This type of agreement allows sworn
police officers from each signatory community to cross into the geographical jurisdiction of any other
signatory community to carry out official police business under the authority of M.G.L. c. 37, § 13; M.G.L.
c. 40, § 8G; M.G.L.'c. 41, §§ 95, 98, 98A, 99; and similar statutes. Such extraterritorial exercise of police
powers is authorized under this Agreement in both mutual-aid-request and self-activation situations, as
defined herein. Nothing in this Agreement is intended to be construed to limit the lawful authority of
police officers to make arrests or exercise police powers outside of this Agreement.
Section 2.0 Definitions:
I
For purposes of this Agreement, the following terms shall be defined as set forth below:
a. Chief of Police: A Party's chief law enforcement officer; includes functional equivalent of
Chief of Police whether denominated "Director" "Commissioner" "Marshal "
"Superintendent," or similar title.
b. Commanding Officer: A Party's Chief of Police, designee of the Chief of Police, or Police
Officer in charge of a shift
c. Official Request: A request for police assistance or for the exercise of Police Powers made by
one Party of one or more other Parties under the terms of this Agreement
d. Party: City, town, or other political subdivision that has executed this Agreement through its
Chief of Police and/or other authorized signatory. A Party may be located within, or be
contiguous to, the Commonwealth of Massachusetts. The Parties are listed in Attachment A,
which may be revised from time to time as Parties join and withdraw from this Agreement,3.
e. Police Officer: On-duty sworn municipal police officer regularly employed as such by or in
any Party; for purposes of this Agreement, Chiefs of Police shall be the only Police Officers
considered on-duty at all times.
f. Police Powers: All police powers granted by municipalities to Police Officers regularly
employed as such, including but not limited to the power of arrest
g. Receiving Party: A Party receiving police assistance or in which one or more Police Officer(s)
regularly employed as such by another Party is exercising Police Powers in accordance with
this Agreement
h. Self-Activation: The exercise of Police Powers within the territorial limits of any Party by any
Police Officer regularly employed as such by any other Party under the terms of this
Agreement in the absence of an Official Request
i. Sending Party: A Party that provides police assistance under the terms of this Agreement or
that regularly employs one or more Police Officers who exercise Police Powers within the
territorial limits of any other Party under the terms of this Agreement
Section 3.0 Term of Agreement:
It is the intent of the Parties to conduct this partnership on a continuing basis and to hold periodic
reviews as the Parties determine and deem necessary to ensure that the agreement is meeting the
mutual aid wants and needs of all the Parties hereto. To this end, this Agreement shall be effective as
the date of signature by the Parties and shall remain in effect thereafter until terminated. This
Agreement will be maintained by the Secretary of the Essex Chiefs of Police Association or his or her
'Absence of a Party from Attachment A will not vitiate its status as a Party as long as this Agreement has been signed on its
behalf and it has not withdrawn from this Agreement as provided herein,
Page 2
II
designee. A duplicate copy will be retained by each participating agency and will be reviewed annually
by a committee nominated by the Essex County Chiefs of Police Association,
Section 4.0 Termination of Agreement:
Any Party may unilaterally withdraw from this Agreement at any time upon thirty (30) days prior written
notice to all Parties.
Section 5.0 Amendment of Agreement:
This Agreement may be amended from time to time only by a specific writing duly executed by all the
Parties.
Section 6.0 Obligations and Responsibilities:
As a means of conferring extra-territorial authority, the Massachusetts Supreme Judicial Court and the
Massachusetts Appeals Court has repeatedly advised individual municipalities to have their officers
sworn in as Special Police Officers in neighboring cities and towns if they anticipate needing to have the
ability to exercise full police powers in those communities. This allows appointed officers from each
signatory community to cross into the adjoining communities to this agreement to carry out official
police business and provide additional authorization for arrests for misdemeanors and to conduct motor
vehicle stops and threshold inquiries (investigative detentions) in mutual aid, fresh and continuous
pursuit situations, or in self-activation situations when appropriate under the implicit authority of M.G.L.
c. 41 § 99 [See Commonwealth v. LeBlanc, 407 Mass. 70 (1990); Commonwealth v. Andrews. 34
Mass.App.Ct. 324 (1993);Commonwealth v. Limone, S1C 10804 (2011)].
6.01 Authority of Officers: The police powers, rights, privileges and immunities of any Police
Officer employed by a Party to this Agreement shall extend within the territorial limits of each
other Party to this Agreement while such Police Officer operates within the territorial limits of a
Receiving Party in accordance with this Agreement, either pursuant to an Official Request or Self-
Activation.
Operating within the territorial limits of a Receiving Party in accordance with this Agreement
shall not cause a Police Officer to be considered for any purpose to be an employee of the
Receiving Party. All employment rights, compensation, and benefits, including but not limited to
the provisions of M.G.L. c. 41, § 111F and/or M.G.L. c. 32 § 94, shall remain the responsibility of
the Sending Party. Notwithstanding the foregoing, any Party may be reimbursed in accordance
with this Agreement and shall be entitled to the liability and indemnification protections as
outlined herein.
Any citizen or other complaints or investigatory or disciplinary action arising out of the conduct
of any Police Officer acting pursuant to this Agreement shall be treated as if the Officer had been
operating within the territorial limits of the Sending Party at the time of the incident(s) or
conduct at issue, unless otherwise agreed upon by the Sending Party and the Receiving Party.
6.02 Command and Control: When exercising Police Powers pursuant to this Agreement,
Police Officers shall report as soon practically possible to the Commanding Officer of the
Receiving Party (either in person or by radio or other alternative electronic device), and shall be
page 3
under the direction and control of said Commanding Officer during the duration of the operation,
event or incident in connection with which the Police Officer is exercising Police Powers.
The Commanding Officer of the Sending Party may recall the Police Officers and equipment of
the Sending Municipality at the Commanding Officer's sole discretion.
6.03 Official Request: Any Party or its designee may request assistance from any other Party
for any valid law-enforcement purpose, including but not limited to the purposes set forth above
in Section 1.0 (Purpose & Authority) and as detailed below in Section 6:04 (Self-Activiation). Any
Official Request should include all pertinent information such as the nature, location, and
expected duration of the event or situation giving rise to the Official Request; the number of
Police Officers requested, including specialty requirements; the type of equipment and logistical
support needed; the location to which Police Officers should report; and the name of the
supervising officer or Commanding Officer to whom Police Officers should report. This
Agreement is not intended to impose any obligation on any Party to respond to any Official
Request,
6.04 Self-Activation: A Police Officer who observes or becomes aware of any violation of law
within the territorial limits of any Party (including the Sending Party), may exercise Police Powers
within the territorial limits of any Party for the purpose of preventing harm to the public;
preventing loss or damage to property; engaging and stopping unlawful behavior; investigating
possible criminal violations; increasing the capability of all Parties to protect the lives, safety, and
property of people in the area; detaining offenders pending arrival of a Police Officer of the
Receiving Party; enforcing or investigating any traffic-related incident or violation, whether or
not it was originally observed in territorial limits of the Sending Party; and fresh-and-continued
pursuit or exigent circumstances as otherwise authorized by law.
6.05 Notification to Receiving Party of Exercise of Police Powers: Whenever Police Powers
are exercised by a Police Officer in a Receiving Party pursuant to this Agreement, the
Commanding Officer of the Receiving Party shall be notified promptly, given the circumstances,
by the Police Officer exercising the Police Powers so that arrangements can be made for any
arrestee to be transported to the appropriate police headquarters to undergo the required
administrative booking process in the jurisdiction where the arrest occurred or other appropriate
administrative action may be taken. Such notification is intended to ensure that the Police Officer
has properly recorded all of the facts and circumstances of the arrest or other police action,the
appropriate biographical data of any involved persons, and the documentation necessary for the
effective prosecution of any criminal defendant in a court of proper jurisdiction.
6.06 Powers of Police Officers: The powers of all the Police Officers operating under this
Agreement shall remain in full force and effect for the duration of this Agreement unless any of
the following should occur:
Separation of service from the employing agency;
The Chief of Police or designee of the Sending Party imposes a restriction on the Police
Officer's authority to exercise Police Powers in accordance with this Agreement.
page 4
6.07 Costs and Expenses: Each Party to this Agreement shall assume and be responsible for
paying all of its own personnel costs, including, but not limited to, the salaries, overtime
premiums, and disability benefits payable to its own Police Officers, and all of its own equipment
costs, including, but not limited to, damage to or loss of its own equipment, and use of fuel,
ammunition and other expendable supplies; provided, however, that the Receiving Party, if an
Official Request has been made, shall reimburse the Sending Party for such payments to the
extent there is insurance coverage available to do so and/or any Federal or State grant funds
and/or emergency funds (e.g., in the event of a natural disaster) available to do so.
Section 7.0 Liability and Indemnification:
Each Party to this agreement agrees to assume its own defense and hold each other Party, its agents,
servants, and employees harmless from all suits and claims brought by third parties arising out of any act
or omission committed by that Party or its Police Officers.
Section 8.0 Successors and Assigns:
The provisions of this Agreement shall be binding upon, and shall inure to the benefit of,the successors
and assigns and the public body or bodies succeeding to the respective interests of the Parties.
Section 9.0 Section Headings:
The headings of the Sections set forth herein are for convenience of reference only and are not part of
this Agreement and shall be disregarded in constituting or interpreting any of the provisions of this
Agreement.
Section 10.0 Execution of Counterparts:
This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed
to be originals and together shall constitute but one and the same instrument.
Section 11.0 Stability of Agreement:
This Agreement is to be construed in accordance with the laws of the Commonwealth of Massachusetts
and the Ordinances/Bylaws of the Parties. This Agreement, along with any referred to Attachment(s),
embodies the entire agreement between the Parties hereto, and each Party acknowledges that there
are no inducements, promises, terms, conditions or obligations made or entered into other than those
contained herein.
Section 12.0 Invalidity:
If any provision of this Agreement is held to be illegal, invalid or unenforceable,the remaining terms and
provisions shall not be affected and shall remain in full force and effect.
Section 13.0 Non-Waiver:
The failure of any Party to enforce at any time any of the provisions hereof shall not be construed to be
a waiver of such provisions or of the right of such party thereafter to enforce any such provisions.
page 5
Section 14.0 Legal Advice:
The Parties acknowledge that each has had the opportunity to fully discuss and review the terms of the
Agreement with an attorney. Each Party further acknowledges that it has carefully read the Agreement,
understands its meaning and intent, and freely and voluntarily assents to all of the terms and conditions
hereof, and signs the Agreement of his or her own free will.
Section 15.0 Signatories:
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused it to be effective as to
each Party as of the latest date set forth in the signature block for that Party:
Town of North Andover
By:
Name: Paul J.Gallagher Date
Title: Chief of Police
Duly Authorized
By:
Name: Rosemary Connelly-Smedile Date
Title: Board of Selectmen-Chairman
Duly Authorized
Page 6
Licensing
Commissioners
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
F NORTH q
O At4eo
Joyce A.Bradshaw,CMMC F A Telephone(978)688-9501
Town Clerk, FAX(978)688-9557
�RAiEO�PP`y(5
�SSACNUSEt
MEMORANDUM
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons, Asst. Town Clerkd4ntl--'
DATE: June 18, 2014
SUBJECT: Class II License
Attached p lease find an application from Mr. H. Cesar Alanis seeking permission to locate a
Class II business under the name "17 Massachusetts Avenue Automobiles, Inc. dba: John's
Auto Sales" at 17 Massachusetts Avenue,North Andover, MA. A legal notice was published
in the Eagle Tribune on June 9, 2014 and abutters were duly notified.
Included is a favorable recommendation from the Police Department. Please see the Fire
Department, Building Inspector and Conservation Department's recommendations which are all
included in this packet.
Please do not hesitate to contact me or Joyce Bradshaw if you have any questions or concerns.
Thank you.
TOWN OF
NORTH ANDOVER
BOARD OF SELECTMEN GENERAL APPLICATION
This is a general apptication for a license that the Board of Selectmen may grant. All license
applications to the North Andover Board of Selectmen must be accompanied by the following
information.
Indicate if license is: new El I Pao s(e r. ❑ change of dba❑
Other
List type of license(s)applying four:
0 Common Victualler Package Store All Alcohol FClass I N o,of vehicles for display.
Restaurant All Alcohol F-1 Package Store Wine& Malt OCass II No.of vehicles for display:25
Q Restaurant Wine&Malt FIFortuno Teller
F7 Club All Alcohol 0 V eh icle for Hire/Taxi No of Vehicles:
F7 Annual Entertainment
Sunday Entertainment
0 Electronic Games-list below:
Jukebox
F
❑ Billiard Table No.of tables:
17 Massachusetts Avenue
Business Name (legal): Automobiles, Inc, dba: John's Auto Sales
Please attach copy of business certificate if applying as dba or individual. If business is a
corporation or LLC, please attach:
1. Certificate of Good Standing from the Secretary of State's Office.
2, Corporate Vote authorizing business at the location.
Address of hoerised premises (include zip code): 17 Massachusetts Avenue, North Andover, MA
mailing address (if different than above address): Same 01845
Name of individual/applicant authorized to apply for license: H. Cesar Alanis
Business tel.no. of applicant: * _ Business email:
F.E.I.N: (F.I.N). 46-5643619
Please check one of the following:n own premises N lease premises 0 property under P&S
Name,and address of property owner if different from license holder:
17 Mass Ave Realty, LLC 820 Turnpike Street, North Andover, MA 01845
ante AdOress
If applicable, please attach copy of lease and/or Purchase and Sales Agreement.
Do you currently hold a similar license? What type? N/A
Have you previously applied for a license? (Yes) (No)'
Have you ever had a license revoked? (Yes) (No)a if yes, please indicate why:
1
* The business has no telephone number or e—mail at this time. Once a license issues, -those
will be obtained.
4
If there is a building or structure associated with the license, please-submit the following (preferably
on 81/2 x 11"paper-no larger than 8112 x 14"):
1.Floor plan (include seating area), and
2. Site plan indicating parking areas and access to town ways.
If applying for a Class I or Class 11 license,,please submit a plot plan that shows:
1.The number of the vehicles on display
2.The exact location of the vehicles
3. Customer parking.
4.'Office area
Proposed hours of operation:
Monday 9 AM – 8 PM Thursday 9 AM – 8 PM
i
Tuesday 9 AM – 8 PM Friday 9 AM – 6 PM
Wednesday–! AM – 8 PM Saturday y
9_��M — 5 PM Sunda 12 PM — 5 PM
i
(Specify liquor sale hours if different than regular establishment hours):
N/A
Has the applicant operated a similar business? (If applicable)
Naive of Business: See Attachment Sheet 1
Address:
N/A
i
Federal Tax No. (If applicable): N/A
I certifythat the North Andover Police Department may run a criminal records check for any prior
offenses and that this information may be transmitted to the Local Licensing Authority at their
request. �—
W
Date:5/14/2014 Signature:
I certify under the penalties of perjury that I,to t e es o my knowledge and belief,have filed all
state tax returns and paid all state and cal tax flaw.
� a
Date 5/14/2014 Signature:
I
I certify that I have read through the conditions included with this license and agree to comply with
any further stipulations that the Licensing Authority may from time to time approve. I also hereby
authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is
necessary to verify the information co plica– tio>
Date;5/14/2014 Signature:
Please contact the Town Clerks Office at (978)688-9501 if you have any questions regarding
this application form.
Reviewed and a=nded:2011
2
17 Massachusetts Avenue Automobiles, Inc.
ACTION OF CONSENT OF DIRECTORS
The undersigned, being all of the Directors of the corporation, pursuant
to the provisions of General Laws Chapter 156D as amended, and the By-Laws
of the Corporation, hereby consent to the following actions and adopt the
following votes in lieu of a Special Directors' Meeting:
VOTED: To authorize the President, H. Cesar Alanis, to apply for a
Class II motor vehicle dealer license to be exercised upon the premises located
at 17 Massachusetts Avenue, North Andover, Massachusetts.
VOTED: To authorize the President, H. Cesar Alanis to submit an
application for such license on behalf of the corporation to the North Andover
Board of Selectmen and to do all other acts and things necessary to accomplish
the foregoing.
IN WITNESS WHEREOF, this consent has been executed and filed with
the records of the Corporation and shall be treated for all purposes as votes
taken at a special meeting of the Directors.
Dated: May 14, 2014
M � E
�6es<Alaniis, D' ctor
ATTACHMENT SHEET 1
Mr. Alanis has been involved in the automobile business for over fifteen
(15) years although he has never operated his own business.
i
i
m p
��fd vl�y4 V VWC/✓ `<'W C(.l'.Ll/) AO&O 1,1 ✓Aas�eeal 0.V/CY y
William Francis Galvin
Secretary of the
Commonwealth
Date:May 13, 2014
To Whom It May Concern :
I hereby certify that according to the records of this office,
17 MASSACHUSETTS AVENUE AUTOMOBILES,INC.
is a domestic corporation organized on May 13,2014 ,under the General Laws of the
Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend-
ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's
dissolution;that articles of dissolution have not been filed by said corporation;that, said cor-
poration has filed all annual reports, and paid all fees with respect to such reports, and so far as
appears of record said corporation has legal existence and is in good standing with this office.
In testimony of which,
S1t-;
t I have hereunto affixed the
Great Seal of the Commonwealth
' on the date first above written.
j Secretary of the Commonwealth
Certificate Number: 14057518180
Verify this Certificate at:http://corp.sec.state.ma.us/CorpWeb/CeitificatesNerify.aspx
Processed by: jmu
TOWN OF NORTH ANDOVER
OFFICE OF
LICENSING COMMISSION
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
Tracy M. Watson,Chairman
William F. Gordon F p Telephone(978)688-9500
Rosemary Connelly Smedile * FAX(978)688-9557
Donald B. Stewart o �'
Richard M.Vaillancourt "SSqC`HUsE�`�
June 3, 2014
To: Eagle Tribune Legal Dept: Please publish June 9, 2014
TOWN OF NORTH ANDOVER
LICENSING COMMISSIONERS
PUBLIC HEARING NOTICE
Notice is hereby given that a PUBLIC HEARING will be held by the North Andover Licensing
Commissioners on Monday, June 23, 2014, at 7:00 p.m. in North Andover Town Hall, 120 Main
Street, 2°d floor,North Andover, MA on the application of H. Cesar Alanis for a Class II
License, under the name of 17 Massachusetts Avenue Automobiles, Inc., dba: John's Auto Sales
to be located at 17 Massachusetts Avenue,North Andover, MA.
Tracy Watson, Chairman, Licensing Commission
Very truly yours,
Karen A. Fitzgibbons,
Asst, Town Clerk for Licensing
I
Abutter to Abutter( ) Building Dept ( ) Conservation ( ) Zoning ( )
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subiect Property:
MAP PARCEL Name Address
2 4 17 Mass Ave Realty,LLC 820 A Turnpike Street North Andover,MA 01845
Abutters Properties
Map Parcel Name Address
1 1 `Oatob Realty Trust 1 Massachusetts Avenue North Andover,MA 01845
1 2 -Town of North Andover 120 Main Street North Andover,MA 01845
2 3 /Global Companies 36 East Industrial Road Branford,CT 06405
2 5 /Discovery Bay Holdings,LLC PO Box 01842 Lawrence,MA 01842
2 9 vJames McMurray 25 Massachusetts Avenue North Andover,MA 01845
2 10 Paola Fernandez 29 Massachusetts Avenue North Andover,MA 01845
2 11 v`i<eith Harley 7 Commonwealth Avenue North Andover,MA 01845
2 12 'Joyce Sullivan 11 Commonwealth Avenue North Andover,MA 01845
2 13 \/ Ryan Tankersley 15 Commonwealth Avenue North Andover,MA 01845
2 14 `'Rachele Caturano 19 Commonwealth Avenue North Andover,MA 01845
2 15 u'Rachele Caturano 19 Commonwealth Avenue North Andover,MA 01845
2 16 a/Scott Salvato 23 Commonwealth Avenue North Andover,MA 01845
2 17 'William McMahon 24 Commonwealth Avenue North Andover,MA 01845
2 18 /Rudolph Cataldo 20-22 Commonwealth Avenue North Andover,MA 01845
2 19 `/Colin McVey 16 Commonwealth Avenue North Andover,MA 01845
2 20 ✓Helen Tiberio 12 Commonwealth Avenue North Andover,MA 01845
2 21 ',-"Rosario Motta 35 Massachusetts Avenue North Andover,MA 01845
2 22 Rosario Motta 35 Massachusetts Avenue North Andover,MA 01845
2 38 /Rosario Motta 35 Massachusetts Avenue North Andover,MA 01845
I
Date 6/3/2014
Page 1 of 1
This certifies that the names appearing on the
records ofJ the Assessors office as of
.®Jec4tVQ✓
Certified by: Date 6 3 /
I
23 22 21 2019 18 17
16
15
14
Service Area 13
12
11
160' a_ 10 /60'
� 9
Bay1 Bay2 7
U
r------------�
� 24
N
4 5 6 ,' 25
--------j
curb Go/ l75' GC/(b Gut
Of
Massachusetts Ave Total LivingA(ea5q,N: Pfanby,,AG
Oc—,, ParkinCj Lol Checked by;
7��ojed;
I717a55achuself5 AVe,
Noah Peadinq,I-IA 01845
Tit
Zs
isce
1854 Sgtt
Utility Closet
Vehicle Repair/Cleaning
48 Restroom
Restroom
30
Sitting Area/Office
Notes: 1. 17 Massachusetts Avenue, North Andover, MA 01845
2. Building footprint and dimensions taken from Assessors online records for property.
3. Floor plan added by Proponent with approximate room dimensions.
i
I
NORTH ANDOVER
Community Partnership•--
M1
To:Karen Fitzgibbons �/�
From: Lt. Eric Foulds �`P
Date:May 30, 2014
Re:Civil Fingerprints—Class II License
A Civil Fingerprint background check, pursuant to Article 6,Chapter 103 of the Town of North
Andover Bylaws,was conducted for H.Cesar Alanis,for the purpose of a Class II License to sell used
cars at 17 Massachusetts Avenue, North Andover.This background check did not identify any reason
to disqualify Mr.Alanis for the license in question.
i
I
I�
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
I
Fitzgibbons, Karen
From: Gaffney, Heidi
Sent: Wednesday, June 18, 2014 10:26 AM
To: Fitzgibbons, Karen
Cc: Melnikas, Andrew; McCarthy, Fred; Brown, Gerald; Hughes, Jennifer
Subject: RE: Class II License
Hi Karen,
The property is within the 200' Riverfront Area as well as mapped floodplain, however,the owner would only need to
apply to the Conservation Commission if he/she proposed to do work that would disturb the ground. If the owner is
using the property"as-is"there is no requirement for them to file with Conservation. The status of any underground gas
tanks should be confirmed with the fire department. If underground tanks are found or excavation is required,the
owner should then contact the Conservation Department.
Heidi Gaffney
Conservation Field Inspector
Town of North Andover
1600 Osgood Street,Suite 2035
North Andover,MA 01845
Phone 978-688-9530
Fax 978-688-9542
Email hgaffnev @townofnorthandover.com
Web www.TownofNorthAndover.com
From: Fitzgibbons, Karen
Sent: Wednesday, June 04, 2014 3:43 PM
To: McCarthy, Fred; Brown, Gerald; Gaffney, Heidi
Cc: Melnikas, Andrew
Subject: Class II License
Hello,
Attached please find a Class II License application from Mr. H. Cesar Alanis, who is seeking to open a used car dealership
at 17 Massachusetts Avenue. This item is being placed on the June 23, 2014 BCS agenda,therefore I would need your
recommendations by Monday,June 16th or sooner if possible. Thank you for your co-operation.
Karen
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
1
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET'
NORTH ANDOVER,MASSACIIUSETTS 01845
Andrew Melnikas
Telephone(978) 688-9593
Fire Chief ti FAX(978) 688-9594
Lt. F. McCarthy
ainetnikasAtownofnorthandover.cotii
Fire Prevention Officer S CHUS fniccat-thy gtownofnorthaiidover.com
Town Clerk's Office
124 Main St
North Andover,Ma
June 12,2014
Karen,
In regards to a proposed applicant seeking a class 11 License for a used car lot at 17 Mass Ave,the Fire
Department has the following recommendation. Where this building has been vacant for several years the
applicant will have to contact the Department to arrange an inspection. The Fire Department would
recommend favorably after the applicant has upgraded the building to the minimum requirements under
the building and fire codes. I suggest the applicant contact the Fire Department ASAP to arrange such an
inspection.
Regards,
Lt.Frederick McCarthy
Fire Prevention
Fitzgibbons, Karen
From: Brown, Gerald
Sent: Wednesday, June 04, 2014 5:21 PM
To: Fitzgibbons, Karen
Subject: Re: Class II License
Karen the building department supports the petition for review
Sent from my HTC on the Now Network from Sprint!
----- Reply message -----
From: "Fitzgibbons, Karen" <kfitz ib ttownofnorthandover.com>
Date: Wed, Jun 4, 2014 3:43 pm
Subject: Class II License
To: "McCarthy, Fred" <fincearth gtownofnorthandover.com>, 'Brown, Gerald"
<gabrowngtownofnorthandover.com>, "Gaffney, Heidi" <HGaffneygtownofnorthandover.com>
Cc: "Melnikas, Andrew" <amelnikgtownofnorthandover.com>
Hello,
Attached please find a Class II License application from Mr. H. Cesar Alanis,who is seeking to open a used car dealership
at 17 Massachusetts Avenue. This item is being placed on the June 23, 2014 BOS agenda,therefore I would need your
recommendations by Monday,June 16th or sooner if possible. Thank you for your co-operation.
Karen
Please note the Massachusetts Secretary of State's office has determined that most emai;s to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
it
i
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TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH q
`'O t,lteo 0
Joyce A.Bradshaw, CMMC F A Telephone(978)688-9501
Town Clerk, * FAX(978)688-9557
S$ACHU5
MEMORANDUM
TO: Tracy Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons, Asst. Town Clerk 4EPIL-1
DATE: June 17, 2014
SUBJECT: 4TH of July on the Common
Attached please find an application from Philip Spitalere on behalf of the North Andover VFW
Post 2014 for a wine and malt license for a celebration to be held on July 3rd and July 4th on the
North Andover Common. Hours of operation are:
Thursday, July 3, 2014 from 4:00 pm to 10:00 pm
And
Friday, July 4, 2014 from 9:00 am to 10:00 pm
Included for your review is the one page "Conditions of Operation" list that has been used
successfully in the past few years.
Favorable recommendations have been received from the Police Department, Fire Department
and Building Inspector.
Please feel free to contact me or Joyce Bradshaw if you have any questions/concerns.
Thank you.
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TOWN OF NORTH ANDOVER
ONE:DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
111
Organization holdi.ng.event: Vr 2AD4
Name.&Address of Responsible Party:. ��-Q !�oAy-C
Contact Number&e-mail -17� 3S(,�tI��S ' hark. pr5p����tr{ Q y�Ma�t.CeM
Location of Event: Ner�1, A�aby'V' -FdWA Coftmeh
Type of Event! Ne(N, A,%4eV-cr 4t-1, 4 lAi m_.UldreAwA
Is the event being cate:reO "Yes; No
Name of Caterer t
Date&.Time:of Event: t+I p►oy Jk1y 3 ably y—Itl ?M� �f•aa fJt+�t�. �.d►`� 90►r�` t0 PM.
Non Profit:Organiz.ation Other Than Non Profit
VUrne:&IVlalt All Alcohol Wine&..Malt
I
ALCOHQL.MU,ST BE PIJRCNASED`BY THE LI,CENSEE,FROM.A.WHOLESALER
? A �I f bJ b.` of �-d r� •C
Hns perm ssroh been recelve;d from he property own.e.rto hold this event.' a
Q c ` �2��IMF i
Wha is. fvtng:the alcol oi? 1)6.i �t.h �t!"S of �.kw7 a�� TIPS �Rr 1��oZ QqZ� t C�v (1�Cr1►�trf I
11 I
Does:.-the server have liquor l.iability.insuranc.e?,
r
Have.serv.0s-ha:d train:irig rn alcohol service? �-4f
I,the underslgried,understand a.nd agree tv the rEStt tic . and respgnsib'Iit es of holding a.One Day
Alcohol.License<and certify that l am not prohibited from h:oading such license:. 1 agree'that the Town:af
Mort`, lover is.in.no.vvayrep.;onsrble;fo,r the actgns of the'ajzplrcant.:
I•_I V
Appl,icant'ssignature Date
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North Andover VFW Post 2104 Beer and Wine Tent
d
Conditions of Operation for the
Town of North Andover Fourth of July Celebration—July 3 to July 4,2014
• A temporary liquor license in the name of Philip R.Spitalere on behalf of North Andover VFW
Post 2104 will be obtained pending approval.
• All necessary permits will be pulled upon approval of the application.
• Liability insurance will be obtained through the Club 2104, Inc. insurance provider listing the
Town of North Andover as an additional insured,
• Hours of operation will be as listed on the application.
• All servers of alcohol will be volunteers and will be TIPS certified.Will attempt to fill all hours
with off duty bartenders of Club 2104, Inc.
• No server of alcohol will be permitted to consume alcohol while on duty or prior to a shift on the
same day.
• Beer and wine will be served in plastic cups.Cups will not be permitted outside of the
designated area.Signs will be prominently posted at the entrance/exit.
• Food will not be served from the beer and wine tent.
• The beer and wine tent will be located on the town Common within a pre-approved area.
• The beer and wine tent serving and consumption area will be cordoned off with temporary
fencing provided by the North Andover DPW.The fencing will be doubled around the perimeter j
to discourage the passing of beverages across the fence.The size of the area will be
approximately 60 x 80 feet(inside perimeter)with a 20 x 30 party tent with tables and chairs.
• Volunteers will control access to the beer and wine tent area. No volunteer will be permitted to
consume alcohol while on duty or prior to a shift on the same day.
• Volunteers will wear t-shirts that indicate that they are Staff and/or Security of the beer and
wine tent.
• Minors will not be allowed inside the beer and wine tent area.Signs will be prominently posted
at the entrance.
• A secure storage container will be in place for any overnight storage of alcohol.Said container E
shall be pre-approved by the North Andover Police Department.Will request that local police
perform routine patrols through the area during the overnight hours.
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.--Community Partnership...
To: Karen Fitzgibbons
From:Lt. Eric Foulds
Date:June 12,2014
Re:One Day License—VFW Post 2104
The Police Department recommends favorable action on North Andover VFW Post 2104 application
for a One Day Liquor License—Wine& Malt,on July 3, 2014 from 4:00pm to 10:00pm and July 4,
2014 from 9:00am to 10 00pm,at the North Andover Common.This recommendation is based on
the Conditions of Operations,attached to the application, being followed.
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1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
0ORT04
Andrew Melnikas
Telephone (978) 688-9593
Fire Chief
FAX(978) 688-9594
Lt. F. McCarthy
amelnikasL&townofnorthandover.com
Fire Prevention Officer AcHUS fi-nccarthy(gtownofnorthandover.com
Town Clerk's Office
124 Main St
North Andover,Ma
June 12,2014
Karen,
The Fire Department recommends favorable action for granting a Wine and Malt license to the VFW to
operate a tent on the Common on July 3 and 02014 as part of the 4t'of July festivities.The only
recommendation is the tent must be NFPA approved for flame retardance. This approval is under the
jurisdiction of the building inspector.
Regards,
Lt. Frederick McCarthy
Fire Prevention
Fitzgibbons, Karen
From: Brown, Gerald
Sent: Thursday, June 12, 2014 1:25 PM
To: Fitzgibbons, Karen
Subject: RE: 4th of July on The Common
Building Dept has no issues
From: Fitzgibbons, Karen
Sent: Thursday, June 12, 2014 10:05 AM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Melnikas, Andrew
Subject: 4th of July on The Common
Good Morning All,
Attached please find an application, along with a list of conditions applied in the past,for the VFW's annual 4th of July
celebration on the Common. This item is scheduled for the June 23, 2014 BOS hearing,therefore, I would need your
recommendations by no later than noontime on Wednesday,June 18th or sooner. Thank you for your co-operation.
Karen
II
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
I
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Board of Selectmen Minutes January 6, 2014 2
Jennifer Konopisos on behalf of Merrimack College requests a One Day Wine& Malt License
Request for a One Day Wine& Malt License for a reception at the Rogers Center, McCoy Gallery, on
January 23, 2014 from 5:00 p.m. to 7:00 p.m.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, acting as Licensing
Commissioners, approves a One-Day Wine& License for a reception at the Rogers Center, McCoy
Gallery on January 23, 2014, from 5:00 p.m. to 7:00 p.m. Vote approved 5-0.
William Cody of Cody's Auto Sales &Service requests a Class II License at 77 Main Street
Mr.William Cody is seeking permission to do business as Cody's Auto Sales & Service at 77 Main Street.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, acting as Licensing
Commissioners; approve a Class II License for Cody's Auto Sales &Service at 77 Main Street, North
Andover. Vote approved 5-0.
2014 Entertainment License for Smolak Farms
In attendance from Smolak Farm were Michael Smolak and Ashley Piazza. Attorney Tim Schiavoni was
present representing abutters to the Smolak Farm. There was a lengthy discussion about the increased
activity of functions at the farm in recent years and the noise levels during weekend nights.
Mr. Smolak informed the Board he is working with a sound engineer to move the dance floor and music to
direct sound away from Dale Street, is installing sound proofing panels that absorb the sound, and will
meet with each DJ before an event to make sure that they follow certain protocol regarding sound
volume.
Attorney Schiavoni requested the Board grant Smolak Farm its license subject to their getting approval
from the Department of Agriculture to be in compliance with the restrictions and activities at the farm.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, acting as Licensing
Commissioners: to renew and approve a 2014 Entertainment License from May-December for Smolak
Farms with the following conditions: Hours shall be Monday thru Thursday 8:00 a.m. to 8:00 p.m., Friday
and Saturday 8:00 a.m. to 10:00 p.m., and Sunday 12:00 noon to 9:00 p.m.; Smolak Farms implement
the changes as presented; and install the sound proofing panels. An exception to the Sunday hours will
be May 4, 2014(7:00 a.m. to 9:00 p.m.)and October 12, 2014 (12:00 noon to 10:00 p.m. Vote approved
4-1 (William Gordon opposed).
William Gordon made a MOTION, to not grant an entertainment license until the Department of
Agriculture has determined that the events at Smolak Farms are allowed and are in compliance with the
recorded restrictions. Motion failed for lack of second.
Rosemary Smedile made a MOTION, seconded by William Gordon, to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
TOWN MANAGER'S REPORT:
Ask the Manager
The Town Manager provides responses to questions posed by members of the public and the Board
regarding general operational issues.
Capital Project Status Report
The Town Manager provided a status summary of on-going capital projects as well as a milestone
timeline through the end of April 2014. The summaries will be provided on a monthly basis
ADJOURNMENT:
William Gordon made a MOTION, seconded by Tracy Watson, to adjourn the meeting at 8:40 p.m. Vote
approved 5-0.
Adele J. Johnson
Executive Assistant
Richard Vaillancourt, Clerk of the Board
e Mcensing Boara jor Me
TOWN OP NORTH ANDOVER
Hereby grants an
ENTER TAINMENT LICENSE 2014
(SEVEN DAYS)
TO SMOLAK FARMS @ 315 South Bradford Street
Under the following provisions:
Term: May - December
Hours: Monday through Thursday 8:00 am - 8:00 pm
Friday and Saturday 8:00 am - 10:00 pm
Sunday Noon - 9:00 pm
OTHER CONDITIONS:
WHEN ANY EVENT IS HELD IN THE FUNCTION TENT WITHIN THE PINE GROVE,
THE DANCE FLOOR. SHALL BE LOCATED TO THE WEST SIDE OF THE TENT AND
MUSIC AND AMPLIFIERS SHALL BE LOCATED TO THE EAST SIDE OF THE TENT.
i
WHEN ANY EVENT IS HELD IN THE FUNCTION TENT WITHIN THE PINE GROVE,
ACOUSTICAL, SOUND ABSORBING, PANELS SHALL BE INSTALLED ON THE EAST
AND NORTH SIDES OF THE TENT.
FOR AMPLIFIERS (X) INSTRUMENTAL MUSIC (X) (4)
VOCAL MUSIC (X) DANCING BY PATRONS (X)
EXPIRES DECEMBER 31, 2014
Witness our hand, this SIXTH day of JANUARY, 2014
LICENS ING BOARD ���-. F-Cr-,I— 11
1121� Z6
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Extracts from Section 183A of Chapter 140 of the General Laws
No innholder,common victualler,keeper of a tavern,or person owing,managing,or controlling
any club,restaurant or other establishment required to be licensed under section twelve of chapter one
hundred aild thirty-eight or under section two,twenty-one A or twenty-one E of chapter one hundred forty,
and no persons owning,managing,or controlling any concert,dance,exhibition,cabaret,or public show or
any description to be conducted on any premises required to be licensed under the sections described
above,shall, as a part of its usual business,offer to view,set up,set on foot,maintain or carry on a concert,
dance,exhibition, cabaret or public show of any description,unless and until a license therefore has been
issued by the licensing authorities.
THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE
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TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
NORTH q
20`,11.1D 6�61'O
Joyce A.Bradshaw,CMMC F p Telephone(978)688-9501
Town Clerk, * * FAX(978)688-9557
M DgAT[D�PP`y'(y
�SSACHUSE�
MEMORANDUM
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons, Town Clerk e&
DATE: June 17, 2014
SUBJECT: Request for 7 One Day Licenses
Attached please find 7 applications from H. Michael Smolak requesting 7 separate One Day
Wine & Malt Licenses for functions to be held on his property under the tent at 315 South
Bradford Street. These events are the "Whim Dinner Series"to be held on Wednesday evenings
between the hours of 6:00 pm to 10:00 pm and the information is as follows:
July 09, 2014—Burtons Grill
July 16, 2014—Post 390
July 23, 2014—Tremont 647
July 30, 2014—Rialto
I
August 06, 2014—Lineage
August 13, 2014—Harvest
August 20, 2014—The Langham Hotel
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Favorable recommendations are included from the Fire Department and Building Inspector.
The Police Department recommends favorable action, with certain conditions. Please see Lt.
Foulds letter included in packet.
If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw.
Thank you.
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TOWN 0F NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name O^ Address nf Responsible Party:
Co n`xic1 Nunnbe. & e-rnaii
�
Location of Event:
'
Type ofEvent:
|s the event being catered7
No
Name of Caterer
Date &Time nfEvent: '
Non Profit Organization Other Than Non Profit
Wine & Malt All Alcohol Wine & Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AWHOLESALER
Has permission been received f h property to hold this event?
x��~~
~
��holsserv}ngthea\cohoR
- /
Does the server have liquor liability insurance?
/
Have servers had training inalcohol service?
1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that | am not prohibited from holding such license. \ agree that the Town of
North Andover is in no way respo
,nsible for the actions of the app|icant.
^
^/
Applicant's Signature y umtz
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(3U DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event
� /
Narne & Address of Responsible Party:
Aj
�
( `
[mn`mct Nurnbe. 8' e-mail ' a ��-/ -
Location of Event:
-
Type oƒ Event:
|s the event being catered? Yes No
Name ofCaterer
Date &Tlnne of Event:
Non Profit Organization Other Than Non Profit
Wine QMalt All Alcohol Wine & Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event?
�v/e v�L /rs serving the a.°" `o\r
~~-
Does the server have liquor liability insurance?
/
Have servers had training in alcohol service?
|, the undersigned, understand and agree to the restriction and responsibilities ofholding a One Day
Alcohol License and certify that i am not prohibited from holding such license. | agree that the Town of
North Andover is in no v\,jay respo
nsible for the actions of the app<icant.
Applicant's Signature Date
TOWN[ [}F NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
/3O DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name & Address of Responsible Party:
�
[on`dct Nurnbe. & e-nnak
Location mfEvent:
°
Type mfEvent:
Is the event being catereO No
Name ofCaterer
Date &Time ofEvent:
Non Profit Organization Other Than Non Profit
Wine & Malt All Alcohol Wine & Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from h property owner to hold this event?
\rVho is serving the alcohol? '�—
Does the server have liquor liability insurance?
Have servers had training in alcohol service?
|, the undersigned, understand and agree to the restriction and responsibilities of holding e One Day
Alcohol License and certify that i mm not prohibited from holding such license. 1 agree that the Town of
North Andover '~ ^' ' ~ `~, '`~r f he applicant. �
�
/
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Applicant's Signature ii� Date
TOWN OFNORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(3O DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name Address of Responsible Partyc ^ /
Con`*ctNunobe. e-rnaU 1Z
Location of Event:
Type ofEvent:
|s the event being catered? No
Name ofCaterer
Date 8'Time of Event:
Non Profit Organization Other Than Non Profit
Wine & Malt All Alcohol
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM /kWHOLESALER
Has permission been received from the property owner to /."." """ `""^t,
Who |s serving the alcohol? �—
`
Does the server have liquor liability insurance? �
Have servers had training in alcohol service? �
|, the undersigned, understand and agree tothe restriction and responsibilities of holding a One Day
Alcohol License and. certify that | am not prohibited from holding such license. \ agree that the Town of
North Andover is in no way responsible for th actions of the app|icant.
Applicant's Signature Date
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
/3Q DAY NOTICE STRONGLY RECOMMENDED)
�
Organization holding event
Name & Address of Responsible Party�
�
Con`mct Nunnbe. & .nnai\
Location ofEvent:
'
Type ofEvent:
Is the event beingcatered7 Yes No
Name ofCaterer
Date &Time ofEvent:
Non Profit Organization Other Than Non Profit
Wine & Malt All Alcohol QNWAine & Malt �
'
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM /\WHOLESALER
Has permission been received fro h property owner to hold th ent?
Who is serving the a|coho|?
Does the server have liquor liability insurance? '
Have servers had training in alcohol service? �
|, the undersigned, understand and agree tothe restriction and responsibilities of holding a One Day
Alcohol License and certify that | am not prohibited from holding such license. ( agree that the Town of
North Andover is in no way resloonsible for the actions of the applicant.
Applicant's Signature y Date
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name &Address mf Responsible Party� ^ �
'[on`*ct Munbe. � e-n �i
Location of Event: �
Type nfEvent:
|s the event being catered? No
Name otCaterer
Date &Time ufEvent:
Non Profit Organization Other Than Non Profit �
Wine & Malt All Alcohol (:Wine & Malt
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER �
Has permission been received fro h to hold th t?
—
�Who |s serving t ' a|coho
Does the server have liquor liability insurance? V �
Have servers had training in alcohol service? �
|, the undersigned, understand and agree tothe restriction and responsibilities of holding a One Day
Alcohol License and certify that | am not prohibited from holding such license. | agree that the Town of
North Andover is in no way responsible for th
,-e actions of the applicant. �
//
Applicant's Signature Date �
�
TOWN KJF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(3O DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name & Address ofResponsible Party: /
�
Con`dctNunnbe. efnak
Location ofEvent:
Type ofEvent:
|s the event being catered7 --- ' No
�
0enneofCaterer
Date &Time nfEvent:
Non Profit Organization Other Than Non Profit
Wine & Malt All Alcohol Wine & Malt �
ALCOHOL MUST BE PURCHASED 8Y THE LICENSEE FROM AWHOLESALER �
�
Has permission been received fro the to hold th nz? _
'Who is serving the-' 'alcohol?
Does the server have liquor liability insurance? �
Have servers had training in alcohol service?
|, the undersigned, understand and agree tm the restriction and responsibilities mf holding a One Day �
Alcohol License and certifvthat ! am not prohibited from holding such license. | agree thatthe Town of
North Andover is in no way resp sible for t1je actions of the app|icen1.
/ �
Applicant's Signature y Date
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TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Andrew Melnikas
Fire Chief Telephone(978) 688-9593
FAX(978) 688-9594
Lt. F. McCarthy
ameiiiikasLq-)townofiiorthandover.com
Fire Prevention Officer fin ecarthyL&townofnorthandover.com
Town Clerk's Office
124 Main St
North Andover, Ma
June 17,2014
Karen,
The Fire Department recommends favorable action for granting the following Wine and Malt Licenses to
Smolak Farms for their Whim Dinner Series.
July 9,2014
July 16,2014
July 23, 2014
July 30, 2014
August 6, 2014
August 13,2014
August 20, 2014
Regards,
Lt. Frederick McCarthy
Fire Prevention
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Fitzgibbons, Karen
From: Brown, Gerald
Sent: Thursday, June 12, 2014 1:24 PM
To: Fitzgibbons, Karen
Subject: RE: 7 One Day Requests
Building Dept has no issues
From: Fitzgibbons, Karen
Sent: Thursday, June 12, 2014 11:02 AM
To: Foulds, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Melnikas, Andrew
Subject: 7 One Day Requests
Good Morning All,
Attached please find 7 One Day Wine & Malt License requests from Michael Smolak, on behalf of Smolak Farms,for their
"Whim Dinner Series"to be held on Wednesday evenings beginning 7/9/2014 and ending 8/20/2014. These requests
are being placed on the 6/23/2014 BOS agenda,therefore I would require your recommendations no later than noon on
Wednesday, 6/18/2014 or sooner. As usual,thank you for your co-operation.
Karen
Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more
information please refer to:http://www.sec.state.ma.us/pre/preidx.htm,
Please consider the environment before printing this email.
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NU"""RTH ANDOVER
�-Community Partnership---
To: Karen Fitzgibbons
From: Lt. Eric Foulds
Dater June 17,2014
Re:One Day Licenses—Smolak Farms
The Police Department recommends favorable action on Smolak Farms request for One Day Liquor
Licenses—Wine& Malt on the dates and times outlined in the applications(See Below)providing
Smolak Farms meets the following terms.
Smolak Farms will need to provide an agreement with a liquor wholesaler or distributor to purchase
any alcoholic beverages for the events. (See attached agreement letter from M.S. Walker,a licensed
distributor,to provide the alcohol for all seven events)
Smolak Farms will need to provide an invoice verifying the purchase of alcoholic beverages from a
wholesaler or distributor after each event but before the following event is held.This invoice shall be
brought to the Police Department in a sealed envelope addressed to the Chief of Police.
Smolak Farms will need to provide TIPS certificates for all.employees involved in the serving of
alcoholic beverages. (See attached copy of TIPS certification for Kathleen E. Izzi). Ms. lzzi is the only
Smolak Farms employee authorized to serve alcohol at the events below.All other servers must be
employees,with TIPS,certification, of the individual restaurants represented at the events.
Event Dates and Times:
July 9,2014 6pm-10pm
July 16,2014 6pm-10pm
July 23,2014 6pm-10pm
I
July 30,2014 6pm-10pm
i
August 6,2014 6pm-10pm
August 13,2014 6pm-10pm
August 20,2014 6pm-10pm
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172
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WALKER
FINE WINES & SPIRITS SINCE '1933
June 17,2014
To Whom It May Concern:
M. S.Walker, Inc., MA Wholesale License Number WI-123, will be the wine distributor for
The Whim Dinner Series at Smolak Farms for the following dates and restaurants;
719 Burtons
7116 Rost 39
7123 Tremont 647
7130 Rialto
8/6 Lineage
8/13 Harvest
8120 The Langham Hotel
Before we are able to ship to the venue, it is understood that we will be provided with copies of
the licenses for these dinners
If you have any further questions, please don't hesitate to contact us.
S, c rely,
6
R hard A. Sandler
Corporate Secretary/VP
I
20 Third Avenue, Somerville, MA 02143 • 617.776.6700 • www,mswalker.com
j
Ashley Piazza
From: andoverflowerfrm @aol.tom
Sent: Tuesday,June 17,2014 11:53 AM
To: Ashley Piazza
Subject: Fwd:
Sent from my Wad
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Begin forwarded.message: �
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From: 77426101 43(,(I�VZWQ LX.can
Date: Tune 17,2014 at 1 L 10:08 AM EDT
To:andoyerflowerfrm@aol:com
Subject:Fwd:
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Signature.
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
f NORTH
9
2�64446D 16460
Joyce A.Bradshaw,CMMC F 1 Telephone(978)688-9501
Town Clerk, FAX(978)688-9557
* » �
ADq�T[D�PRy�S
�SSgCHUSEc
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MEMORANDUM
TO: Tracy Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager , ;
FROM: Karen A. Fitzgibbons, Asst. Town Clerk-
DATE: June 18, 2014
SUBJECT: 3 One Day License Requests
Attached please find three One Day Wine &Malt License requests from Michael Smolak on
behalf of Smolak Farm. They are as follows:
1. July 11, 2014 Mindess/Cohan Rehearsal Dinner from 6:00 pm to 10:00 pm in the barn
2. July 12, 2014 Barnett/Hoffman Wedding from 5:00 pinto 10:00 pm in the tent
3. July 19, 2014 Butterfield/Gagnon Wedding from 4:30 pm to 10:00 pm in the tent
Attached are favorable recommendations from the Police Department, Fire Department and
Building Inspector. The fees have been paid.
Please feel free to contact me or Joyce Bradshaw should you have any questions or
concerns.
Thank you.
I
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
BQ DAY NOTICE STRONGLY RECOMMENDED)
Organization holding event:
Name Q Address of Responsible Party:
Con°uctNunnbe. e-n1eit
�
Location ofEvent:
Type ofEvent: -��/ ` \ � �
|s the event being catered? No
�
Name ofCaterer
A-1q
Date ��Tlnne of Event:
'
Non Profit Organization Other Than Non Profit
f�Da All Alcohol
.
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A\0HOLESAkER
Has permission been received from the property owner to hold this event? �
!
Who is serving the alcohol? �
Does the server have liquor liability insurance?
Have servers had training in alcohol service? �
!
1, the undersigned, understand and agree tothe restriction and responsibilities of holding e One Day �
Alcohol License and certify that I am not prohibited from holding such license. | agree that the Town of !
North Andover is in no way respo
-nsible for thR actions of he applicant.
����
~
Applicant's Signature Date
'
. �
�
|
�
TOWN KJF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
�
�
Organization holding event:
Name & Address of Responsible Party: �
[o '^uct0unnbe Gk - �i|
" . =-".
Location of Event:
Type of Event: 4-J ��Try-c� (I-)(dC4
|s the event being catered? No
Name ofCaterer
Date &Time of Event: —
Non Profit Organization Other Than Non Profit i
Wine & Malt /
XAI �coho
ALCOHOL MUST 8E PURCHASED BY THE LICENSEE FROM AWHOLESALER |
�
Has permission been received from the property owner to hold this event? |
Who is serving the alcohol? |
Does the server have liquor liability insurance?
Have servers had training in alcohol service? �
�
1, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day i
!
Alcohol License and certify that | am not prohibited from holding such license. | agree that the Town of
North Andover is in no way responsiblefor the actions of the applicant.
4 J
~ �
��
Applicant's Signature �' Date � � 16�
�
|
TOWN OF NORTH ANDOVER
ONE DAY LIQUOR LICENSE APPLICATION
(30 DAY NOTICE STRONGLY RECOMMENDED)
i
Organization holding event:
Name & Address of Responsible Party.
_. 1 C P� r� f P A
�ft
Cont.act Numbe. & e-mail
Location of Event: Sr
Type of Event:
Is the event being catered? (-Y� No
I
Name of Caterer
Date &Time of Event: I°d 3 lot
Non Profit Organization Other Than Non Profit
Wine & Malt Ali"_. Wine & Mal
ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER
Has permission been received from the property owner to hold this event?
r
Who is serving the alcohol?
Does the server have liquor liability insurance?
Have servers had training in alcohol service?
I, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day
Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of
North Andover is in no way responsible for t_e actions of the applicant.
Applicant's Signature Iry Date
I
" s
NORTH ANDOVER
...Community Partnership..�
To: Karen Fitzgibbons
From: Lt. Eric Foulds
Date:June 18,2014
Re:One Day Licenses—Smolak Farms
The Police Department recommends favorable action on Smolak Farms request for One Day Liquor
Licenses-Wine&Malt,on the dates and times listed below,as outlined in their applications.
July 11,2014 6:00pm-10:00pm
July 12,2014 5:00pm-10:00pm
July 19,2014 4:30pm-10:00pm
1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACFfUSETTS 01845
%AORTN
Andrew Melnikas
Telephone(978) 688-9593
Fire Chief
FAX (978) 688-9594
Lt. F. McCarthy
amelnikasgtownofnorthandover.com
Fire Prevention Officer ss CHUS fi-necarthvgtownofnorthandover.com
Town Clerk's Office
124 Main St
North Andover,Ma
June 18,2014
Karen,
The Fire Department recommends favorable action in granting the following liquor licenses to Smolak
Farms.
July 11,2014 Wine and Malt License for a dinner event.
July 12,2014 Wine and Malt License for a wedding party.
July 19,2014 Wine and Malt License for a wedding party.
Regards,
Lt. Frederick McCarthy
Fire Prevention
Fitzgibbons, Karen
From: Brown, Gerald
Sent: Wednesday, June 18, 2014 2:51 PM
To: Fitzgibbons, Karen
Subject: Re: 3 One Day Requests from Smolak Farms
No issues bld
Sent from my iPhone
> On Jun 18, 2014, at 1:58 PM, "Fitzgibbons, Karen" <kfitzgib(@townofnorthandover.com> wrote:
> Hi Gerry,
> These 3 requests are to replace the three I sent late yesterday afternoon. Please send
your recommendations asap as this information needs to be submitted to the Town Managers€T"s
Office. Thank you for your co-operation.
> Karen
> Please note the Massachusetts Secretary of State' s office has determined that most emails
to and from municipal offices and officials are public records. For more information please
refer to: http://www.sec.state.ma.us/pre/preidx.htm.
> Please consider the environment before printing this email.
> <201406181345 (2).pdf>
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1
Public Hearing
Old Business
New Business
Public Comment
Town Manager's Report
Town Manager's Re-Appointments
Effective 7-1-2014
Committee First Name Last Name Street Address Town State ZIP Term Term Expires
Board of Assessors David J. Minicucci 340 Johnson St N Andover MA 01845 1 yr 6/30/2015
Board of Assessors George Barker 1267 Osgood St N Andover MA 01845 1 yr 6/30/2015
Board of Assessors Bryan Perry 50 W Woodbridge Rd N Andover MA 01845 1 yr 6/30/2015
Board of Health Larry Fixler 23 Hollow Tree Lane N Andover MA 01845 3 yrs 6/30/2017
Board of Health Francis MacMillan,Jr. 143 Carter Field Rd N Andover MA 01845 3 yrs 6/30/2017
Planning Board Michael Colantoni 50 Christian Way N Andover MA 01845 3 yrs 6/30/2017
Planning Board Lynne Rudnicki 32 Marblehead Street N Andover MA 01845 3 yrs 6/30/2017
New Appointment
Planning Board (Associate) Peter Boynton 320 Stevens Street N Andover MA 01845 3 yrs 6/30/2017
Wass"husetts State Lottery Commission
60 Cofum6ian Street
Braintree, Massachusetts 02184-1738
Licensing!'aaC (781)849-5656
STEVEN GROSSAMN BETHBRESNAHAN
Treasurer and Wf cewer Genera[ Executive(Director
June 5, 2014
Town of North Andover
Board of Selectmen
120 Main Street
North Andover, MA 01845
Dear Sir/Madam:
The Massachusetts State Lottery is offering existing,non-pouring agents our KENO.To Go game,
a transaction which is identical to the already existing on-line games, such as Megabucks and Mass
Cash. At this time,the Lottery is not providing agents with a KENO monitor as part of this
program.
In accordance with M.G.L. c 10, section 27A, as amended, you are hereby notified that the
following existing agent(s)in your community will be sent an application and agreement to sell the
KENO To Go product:
DEN ROCK WINE & SPIRITS
54 PETERS ST
N ANDOVER,MA 01845
If you object to these agent(s) selling KENO To Go, you must do so,in writing,within twenty-one
(21) days of receipt of this letter. Please address your written objection to William J. Egan, Jr.,
General Counsel,Massachusetts State Lottery Commission, 60 Columbian Street,Braintree, MA
02184. Should you have any questions regarding this program or any other issue relative to the
Lottery,please call me at 781-849-5555. I look forward to working with you as the Lottery
continues its' efforts to support the 351 cities and towns of the Commonwealth.
Sincerely,
Beth Bresnahan
Executive Director
Certified Mail—Retail Receipt Requested:
7009 0080 0000 7056 6686
(06-14) supporting the 351 Cities and Towns of Tassachusetts
Job PostingNacancy Log
June 16, 2014
Date Position Department Hiring Manager Status
Posted
6/13/14 Senior Library Assistant Library Mary Rose Quinn Internal posting
5/22/14 Drinking Water DWTP Linda Hmurciak Hired Kailee Silva start date 6/24/14
Treatment Plant Summer
Lab Assistant
5/20/14 Alternate Electrical Building Gerry Brown Hired Edward Hajjar,start date 6/23/14
Inspector
5/13/14 Drinking Water DWTP Linda Hmurciak Advertised New England Water Works,
Treatment Plant and MA Water Works, reviewing
Operator resumes.
5/13/14 Intern Public Health Health Susan Sawyer Posted town website and Merrimack
College
4/15/14 Town Planner Planning Curt Bellavance Preliminary interviews conducted. Posted
on MMA and American Planners
Association.
2/10/14 Information Technology Information Matt Killen Selected candidate declined offer,will
Network Systems Technology regroup and move forward First
Manager interviews held week of 3/17/14, second
interviews held week of 4/15/14. . Re-
advertised in the Eagle Tribune&
Monster.com 2/9/14 and reported 2/10/14.
in Eagle Tribune on 12/8, posted 12/9/13.
Interviews conducted
11/26/13 Reserve Police Officer Police Chief Gallagher Reserve appointments made for Adrian
Cuevas, William Enright, Brandon James,
Michael Logan,Anthony Sousa. Two
candidates withdrew, additional
candidates interviewed, backgrounds and
pre-employment testing in process.
Background checks in process, some
applicants de-selected,next applicants on
list being processed 2/10/14. Civil Service
List referred on 11/26/13, candidates must
sign by 12/19/13.
6/19/2014 10:16 AM
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