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2011-06-20 Board of Selectmen Agenda Packet
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 yORT11 Daniel P. Lanen,Chairman rolt"°q,q"o William F. Gordon ti = A TEL. (978)688-9510 Rosemary Connelly Smedile *i * FAX (978)688-9556 Donald B. Stewart M Tto nv ,(vj Tracy M. Watson 9SSgcNUSE� BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA 7:00 PM EXECUTIVE SESSION/7:30 PM OPEN SESSION JUNE 20,2011 TOWN HALL MEETING ROOM 120 MAIN STREET I. CALL TO ORDER II. EXECUTIVE SESSION A. Negotiations with Non-union employees B. Litigation III. RECONVENE AND PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES A. Executive Session Minutes as written of June 2,2011 B. Executive Session Minutes as written of June 6, 2011 C. Executive Session Minutes as written of June 7,2011 D. Executive Session Minutes as written of June 13, 2011 E. Open Session Minutes as written of June 2, 2011 F. Open Session Minutes as written of June 6,2011 G. Open Session Minutes as written of June 7, 2011 H. Open Session Minutes as written of June 13, 2011 V. COMMUNICATIONS AND ANNOUNCEMENTS A. Board of Selectmen Appointments B. Joint meeting with North Andover Housing Authority to fill vacancy VI. CONSENT ITEMS A. Festival Committee event permit for 4th of July celebration B. Acceptance of Donations: Wheelabrator-North Andover and Brooks School C. Easement for National Grid Utility Pole at Kittredge School D. Carter Field Road Acceptance Documents VII. LICENSING COMMISSIONERS A. VFW Wine and Malt One Day Licenses—July 1, 2 &3 B. Common Victuallers - Change of Name: Luci's Caf6 to Two Chefs Are Better Than One C. Common Victuallers: (formerly Toscana to Go at Solo Gas) VIII. OLD BUSINESS ,. A. Police Building Committee Report . B. Facilities Master Planning Committee"1 NO t C. Town Manager Search Update D. Police Chief Search Update E.. Wheelabrator Settlement IX. NEW BUSINESS A. Special Legislation to confirm June 7, 2010, Town Meeting actions X. TOWN MANAGER'S REPORT XI. PUBLIC COMMENT XII. ADJOURNMENT i VA .:: �ortic��iuloa��z .��atziodu� C96u�u�a iz �iinin�lle� NORTH A- Q 410D 16� 'V� Q, �ort/c �i�rlore�c, CA, 07c4/5 1r w 197(Y) &Y2-6376 OAT ACHUS���� NORTH ANDOVER PATRIOTIC OBSERVANCE & MARCHING COMMITTEE (NAPOM COMMITTEE) Current Members/Terms: Appointed Officers of the North Andover Patriotic Observance &Marching Committee as of June 1, 2011, terms end May, 2012: 1) Chairman- Phil Spitalere, Veterans Graves Officer 2) Vice-Chairman - Joe Ed Smith, CDR, American Legion Post 219 3) Secretary - Ed Mitchell, Veterans Service Officer 4) Sergeant-at-Arms - Ralph Lewis,NA Resident and PG Veteran 5) Legal Officer- Dan Lanen, Board of Selectman 6) Chaplain- Mike Wilson, CDR, VFW Post 2104 7) Safety Officer- Matt Twiss,NAFD 8) High School Student Liaison Officer. (NAHS Junior as of May& a Senior in Sept.)Vacant. Assistant Student Liaison Officer. (NAHS Sophomore as of May&a Junior in Sept)Vacant Committee Members: Domenic Terranova, BSA Troop 82 Committee Robert Houle, Veterans Northeast Outreach Center Rep. Committee Officers: Membership: The administrative affairs of this Committee shall, except as otherwise provided by the By-Laws, be under the supervision of the Officers of the Committee, which shall consist of eight (8) members. This Committee may provide for such other Standing or Special Committees as the business of the organization may require. 1. Chairman 2. Vice-Chairman 3. Secretary—Treasurer 4. Sergeant-at-Arms 5. Legal Officer (Appt, by the Board of Selectmen) 6. Chaplain 7. Safety Officer (Appt. by Police and/or Fire Dept.) 8. High School Student Liaison Officer (NAHS Junior as of May & a Senior in Sept.) Assistant School Student Liaison Officer (NAHS Sophomore as of May& a Junior in Sept.) (Appt. by NAHS principal) 1 Selectmen 's Appointments Effective July 1, 2011- Recommended Committee Last Name First Name Street Address Town Term Appointment Expires Community Preservation Committee Warran Robert 129 Weyland Circle North Andover 3 years June 30,2014 Constable Pollone Ronald F. 187 Main St. North Andover, 3 years June 30,2014 Registrars of Voters,Board of Salisbury Martha 301 Johnson Street North Andover, 3 years June 30,2014 POLICE m ® ®4 ® — D , — << d �sr i The Or"icc W, "Community Partnership" Paul J.Gallagher CHIEF OF POLICE TO: lark Rees, Town Manager FROM: chief Paul J. Gallagher RE: ! ' Constable Appointment DATE: June 14,2011 Pursuant to Your request to conduct a background investigation of the following person I office. ref and public information on aail ble o In be Y Ronald F. Pollone SS#027323402 DOB 2119145 187 Main Street North Andover, MA 01845 1475 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845 Telephone: 978-683-3168 Fax: 978-686-1212 APPLICATION FOR RENEWAL OF APPOINTMENT TO THE POSITION OF CONSTABLE TOWN OF NORTH ANDOVER I, Ronald F. Pollone of187 Main Street,North Andover, MA do hereby request re-appointment to the position of Constable,of and for the Town of North Andover, MA. I have served the Town of North Andover during my residency in many voluntary positions: I have served as a Constable from 1985 through present with one period of non-appointment. I served on the Balanced Growth Steering committee as an adjunct to the Town Planning Commission where we created several zones that were submitted and passed by Town Meeting. I served as a volunteer to assist the Town Fire Department in computerizing locations within the town that had hazardous materials on site and to list those residences that had people with special needs and circumstances to allow firefighters advance intelligence prior to arriving at a fire. I am a Notary Public and have held myself available to the town for evening availability for the past fourteen years. I am applying to serve as a Constable as I believe in service to my community and have been very active serving the town as a Constable and have been responded to all calls for service,no matter the time,or weather,or circumstances. Listed below are citizens of the Town who,by their signatures,attest to the character of the applicant: i Name: t°ti ' r„ E ` Address � S ., Signature: Name: Address: v Signatur Name: f" > Address Signature: ' Name: c IZ �' y Address: 4 A/ r '4 V Signature: Name:—7&C'' S —O L, rAbress: –:;3 � 0 Signature: d Name:Attorney: Signature: q TTY.RAYMOND A.VIVENZIO 89 MAIN S Address: NORTH ANDOVER,MA 011845 Selectmen 's Appointments - Vacancies Committee Last Name First Name Street Address Town Term Appointment Expires Affordable Housing Trust VACANCY 2 years June 30,2013 Affordable Housing Trust VACANCY 2 years June 30,2013 Audit Committee VACANCY 1 year June 30,2012 Audit Committee VACANCY 1 year June 30,2012 Council on Aging VACANCY 1 year June 30,2012 Council on Aging VACANCY 3 years June 30,2014 Cultural Council VACANCY 3 years June 30,2014 Historical Commission VACANCY 3 years June 30,2014 Machine Shop Village Neighborhood Cons.Dist.Commission—Alternate Member 1 year June 30,2012 Machine Shop Village Neighborhood Cons.Dist.Commission—Alternate Member 2 years June 30,2013 Machine Shop Village Neighborhood Cons.Dist.Commission—Alternate Member 3 years June 30,2014 Machine Shop Village Neighborhood Cons.Dist.Commission—Alternate Member 2 years June 30,2013 Machine Shop Village Neighborhood Cons.Dist.Commission—Alternate Member 3 Years June 30,2014 Applicant-Kenneth J.Tokarz,55 Prescott St. Sustainability Committee VACANCIES-10 Youth&Recreation Council VACANCY 3 years June 30,2014 Zoning Board of Appeals-Associate VACANCY 3 years June 30,2014 Sub-Committee Vacancies Economic Development Council VACANCY-1 Resident Housing Partnership Committee VACANCY-1 Resident 6/16/11 North Andover HoXU8^%8g Authority Joanne M. Comerford, Executive Director One Qorkesld Aleadmi,s (978) 682-3932 North Andover,A{/\ 01845 (978) 794-1142FAX 800 June 2, 2011 Town Andover oul�'E`OF; GJER Office :f"he Board ofSelectmen l2O Main Street NmrtbAndovur` M/\ 01845 Dear Sdootrneo: After many years of service on the North Andover Housing Authority Board of Commissioners, Anna O'Connor respectively resigned fi-oro her position oo the board. Stephen Long of ]8l Cortland Drive, North Andover stated lie is interested in filling Anna's seat and the rccouioiug board rueoiburovvould also like to rmuoonrncod that Steve be appointed to GU Anna's unexpired term until the next Town Election in March 2Ol2. Steve is u retired North Andover firefighter and lie is not only well known intop/n,lie is an admired and respected oonznnzoitynucnobor. In accordance with Chapter 4|: Section ll` I respectively request that u joint meeting bu scheduled with the Board of Selectmen and the remaining North Andover Housing Authority Board of Commissioners so that we can move forward to fill Anna O'C0000r`n unexpired term ua quickly as possible. l look forward to hearing from you soon. Jo rine Comerford, PHM Executive Director - eoo 5 � _ - co: Mr. Mark Rees, Town Manager Stephen Long (,ems 6i i 55 P colt St`d r Nortl Andover, MA 01845 Marc 18, 2011 ."•" . .,. '' .; �s3 3 z— OFFICE OF-TOWN��ANA zER G Mark Rees Town Manager ,. 120 Main St. North Andover, MA 01845 '" fit+ Dear Mr. Rees: I would be interested in volunteering to serve on the Machine Shop Village Neighborhood Conservation District Commission. My property abuts the District and I have been a resident of North Andover for more than 25 years. Beyond adding an additional perspective on preservation matters, I believe I can help the Commission fulfill its public relations and marketing goals. For more than six years, I have worked for a company in Wilmington where I am responsible for writing marketing materials and overseeing a public relations program. I've held similar positions with New England Financial/MetLife, Raytheon Company, and other public and private organizations. I'm a U.S. Army veteran and have earned undergraduate degrees in English and magazine journalism from Syracuse University and an MBA from Rensselaer Polytechnic Institute. Sincerely, <2% G Kenneth J. Tokarz kennethtokarz @comcast.net 978-682-6661 Kenneth J. T'® az 55 Prescott St. ®North Andover, MA 01845 978.682.6661 (Residence) ® 978.857.2239 (Cell) ®kennethtokarzAcomcast.net A results-oriented public relations and marketing professional who conceptualizes and implements internal and external communications to further organizational goals. PROFESSIONAL EXPERIENCE UniFirst Corporation, Wilmington, MA February 2005 —Present Communications Specialist Direct media relations strategies and create marketing messages for this work apparel company serving the industrial, clean room, nuclear power, and first aid markets in the U.S., Canada, and Europe. Messages position the company as an industry innovator and brand of choice. Provide communications guidance to 160-plus location managers. • Write press releases, case studies, video scripts, web copy, radio/print ads, marketing collateral pieces, executive presentations/speeches, bylined feature articles for product managers. • Created database to distribute customized press releases to 400 trade and local newspapers in cities and towns in North America where company has operations. • Maintain online publicity guide/communications templates to assist location managers with public relations efforts. • Serve as company spokesperson. Respond to inquiries from the general and trade media. • Manage public relations and trade advertising budget. • Conceptualize and orchestrate events aimed at attracting widespread media coverage. o Worked with CBS-TV producers to feature CEO on hit series Undercover Boss. Negotiated visit by Italian Consul General to honor company founder. Arranged protective clothing donation for soldiers being deployed to the Middle East. HISTORICAL COMMISSION Vacancies: 1 Term: June 30, 2014 Incumbents Requesting Re-Appointment: New Applicants: Jeffrey Phaneuf, 939 Johnson St. —applied 6/14/11 Resignations: Linda Tremblay—2/1/11 i 5/10—Kathleen requests applicants to call her or attend committee meetings before being appointed and that they need to be available for meetings the 2"d Monday every month at 3:00 p.m. at Town Hall. Current Members/Terms: Kathleen Szyska, Chairman -June 30, 2012 Jan Williams—June 30, 2014 Patricia Long-June 30, 2012 Anne Ericson -June 30, 2013 Barbara Somers -June 30, 2013 Charles Gangi, 78 Spring Hill Road—June 30, 2013 Vacancy- June 30, 2011 Membership: 7 members Term: 3-year overlapping terms Appointing Authority: Board of Selectmen Meeting times: 2 n Monday of each month at 3:00 p.m. North Andover Town Hall Status: Standing Authorization: Charter Duties: For the preservation, protection, and development of the historical or archeological assets of the Town. References: Mass. General Laws, Chapter 40, Section 8D March 1972 Annual Town Meeting, Article 14 March 1978 Annual Town Meeting, Article 23 Board of Selectmen Meeting April 24, 1973 Town of North Andover Charter—3-6-2, 3-6-3 & 7-4-1 Board of Selectmen Meeting July 23, 2007—membership increased from 5 - 7 Rees, Mark V1 D From: Carol McGravey[chm @uf-law.com] Sent:` Wednesday, June 15, 2011 3:19 PM To: Rees, Mark Subject: Carter Field Road Mark, Would you please place the acceptance and signature of the Carter Field Road street conveyance documents on the agenda for the next meeting of the Board of Selectmen? I received the original signed documents from Attorney Vaughan and will bring them to the meeting for signature so that I can record them at the Registry of Deeds. I can send copies to you for the agenda package. Thanks. Carol , I t,r;(. I I o l o U I I; c,hwe [k,f>(;cI0;a[Y of o f f i c e,4 r r n s dut(o i Ilk I(I d H l n� Ino,,l(,moth fo a n d 11 I I I[itwic cf7 dl ofhe r ;I1 d ofhc kAfE iii€ [(u Iecm L, f of moic,i[dI,oi iudt me plc.r,o retei ire P�dx ll� o ;,m a �skfnm7 t lar ,�¢dx;hftf"t. f'tr;t&a cccriuf-.r ffn. iivi�c>dioiutit lu>fxr p�elritifrcf 11n,rxni�if. 1 QUITCLAIM DEED (Carter Field Road— Dedication of Roadway) The undersigned. CARTER FIELDS LLC (the "Grantor"). a Massachusetts limited liability company, with an address at 115 Carter Field Road, North Andover, Essex County, Massachusetts, 01 845, in consideration paid of less than One Hundred Dollars (S 100.00), the a receipt and sufficiency of which is hereby acknowledged, and for other good and valuable g consideration, > grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, a Massachusetts 0 municipal corporation, with an address at 120 Main Street, North Andover, Essex County, a Massachusetts, 01845, t zwith QUITCLAIM COVENANTS 0 the fee interest in that certain roadway commonly known as Carter Field Road, situated in the .Q Town of North Andover and as shown and depicted on a plan entitled. "Street Layout Plan. m Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by M H F Design U. Consultants. inc.. Dated: March 14. 201 1" and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. Said land is also more particularly bound U and described in a metes and bounds description attached hereto as Exhibit A. NSubject to and with the benefit of easements, restrictions, covenants, conditions and takings of 4) record, insofar as the same are now in force and applicable, and without limitation to which, this Qconveyance is made subject to and with the benefit of the following: I. An Easement to Verizon New England, Inc. dated June 12, 2003 and recorded at Book 7952, Page 60. 0. ? An Easement to Massachusetts Electric Company dated October 3, 2003 and recorded at Book 8366, Page 321. 3. Drainage Easement over and along border of Lot 2 and Lot 3 as shown on Plan No. 14471 and as reserved in deeds recorded at Book 10897, Page 217, in the case of Lot 2, and Book 8428, Page 126, in the case of Lot 3, and as confirmed by easement instrument recorded herewith. 4. Drainage and Utility Easement over the Village Green recorded herewith. :000182e4:�3: For Grantor's title, see deed of Tara Leigh Development. LLC to Carter Fields, LLC, recorded with the Essex County Northern District Registry of Deeds at Book 9688, Page 39. Executed under sea] as of this day of „-,i t. , 201 1. CARTER FIELDS LLC f � Witness Th" as D. Zahoruiko, Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this < `_ day of /a,.°-.. r 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence of identification. which was a Massachusetts Driver's License. to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Public My Commission res: 1 err of Mcsscc�zu serz ion Expirw :00018264:0: EXHIBIT A Legal Description: Carter Field Road Metes & Bounds Description Carter Field Road Exhibit A: Page 1 of 4 A certain tract or parcel of land situate in the Commonwealth of Massachusetts, County of Essex and Town of North Andover located on the easterly side of Bradford Street and shown as "Carter Field Road" on a plan entitled 'Street Layout Plan. Carter Fields Subdivision prepared tm Tara Leigh Development. LLC': Scale: 1"==40': Date: September 14. 2010 by MHF Design Consultants, Inc, and being more particularly bounded and described as follows; Beginning at a point on the easterly sideline of said Bradford Street at the intersection with the northerly line of the said Carter Field Road at land now or formerly of George R. Barker,Jr.; Thence along a curve to the left having a central angle of 77°35'33". a radius of thirty- one and no hundredths (31.00) feet and an are length of forty-one and ninety-eight hundredths (41.98) feet to a point of reverse curvature, Thence along a curve to the right having a central angle of 59°30'08". a radius of one hundred seventy and no hundredths (170.00) feet and an are length of one hundred seventy-six and fifty-five hundredths (176.55) feet to a point of tangency; Thence S38°44'51"E fifty-four and five hundredths (54.05) feet to a point of tangency; Thence along a curve to the left having a central angle of 81°54'34 a radius of one hundred thirty and no hundredths (130.00) feet and an are length of one hundred eighty-five and eighty-five hundredths (185.85) feet to a point of reverse curvature; Thence along a curve to the right having a central angle of 49°31'31 a radius of one hundred seventy and no hundredths (170.00) feet and an are length of one hundred forty-six and ninety-four hundredths (146.94) feet to a point of tangency; Thence S71°07'547 twenty and seventy-eight hundredths (20.78) feet to a point of curvature; Thence alone a curve to the left having a central angle of 37°27"50". a radius of one hundred thirty and no hundredths (130.00) feet and an are length of eighty-five and no hundredths (85.00) feet to a point of tangency; Thence N71'24'1 7 E five hundred sixteen and forty-six hundredths (516.46) feet to a point of curvature; ;00()18264:%3; - 3 - Metes & Bounds Description Carter Field Road Exhibit A; Page 2 of 4 Thence along a curve to the left having a central angle of'90°00'00 a radius ofthirty- one and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths (48.69) feet to a point of tangency; Thence N 18°35'43"W two hundred forty-six and ten hundredths (246.10) feet to a point of curvature; Thence along a curve to the left having a central angle of 53°07'48". a radius of forty and no hundredths (40.00) feet and an arc length of thirty-seven and nine hundredths (37.09) feet to a point of reverse curvature; Thence along a curve to the right having a central angle oi'286°15'37'. a radius of sixty and no hundredths (60.00) feet and an arc length of two hundred ninety-nine and seventy-seven hundredths (299.77) feet to a point of reverse curvature; Thence along a cove to the left having a central angle of 53°07'48". a radius of l'orty and no hundredths (40.00) feet and an arc length of thirty-seven and nine hundredths (37.09) feet to a point of tangency; Thence Sl8°35'43"E six hundred twenty-three and ninety-six hundredths (623.96) feet to a point of curvature; Thence along a curve to the right having a central angle of 180 100'00". a radius of one hundred two and fifty-hundredths (102.50) feet and an arc length of three hundred twenty-two and one hundredths (322.01)feet to a point of tangency; Thence N 18°35'43"W fwo hundred seventy-five and eighty-six hundredths (275.86) feet to a point of curvature; Thence along a cove to the left having a central angle of 90100'00'. a radius ofthirty- one and no hundredths (31.00) feet and an arc length of forty-eight and sixty-nine hundredths (48.69) feet to a point of tangency; Thence S71'24'1 TV three hundred fifty-one and forty-six hundredths (351.46) feet to a point of curvature; Thence along a cove to the right having a central angle of 37°27'50". a radius of one hundred seventy and no hundredths (170.00) feet and an arc length of one hundred eleven and sixteen hundredths (1 1 l.16) feet to a point of tangency; Metes & Bounds Description Carter Field Road Exhibit A: Page 3 of 4 Thence N71°07'54"W twenty and seventy-eight hundredths (20.78) feet to a point of curvature; Thence along a curve to the left having a central angle of 49°31'31". a radius of one hundred thirty and no hundredths (130.00) feet and an arc length of one hundred twelve and thirty-seven hundredths (112,37) feet to a point of reverse curvature; Thence along a curve to the right having a central angle of 81°54'34". a radius of one hundred seventy and no hundredths (170.00) feet and an arc length of two hundred forty-three and three hundredths (243.03) feet to a point of tangency; Thence N38°44'51"W fifty-four and five hundredths (54.05) feet to a point of curvature,, Thence along a curve to the left having a central angle ot42°25'44". a radius of one hundred thirty and no hundredths (130.00) feet and an arc length of ninety-six and twenty-seven hundredths (96.27) feet to a point of compound curvature; Thence along a curve to the left having a central angle of 121'50"12". a radius of thirty- one and no hundredths (31.00) feet and an arc length of sixty-five and ninety-two hundredths (65.92) feet to a point on the easterly sideline of said Bradford Street; Thence along the easterly sideline of said Bradford Street the following four(4) courses: N23°00'46"W twelve and ninety-six hundredths (12.96) feet to a point; Thence N3I'14'50"W fourteen and eighty-one hundredths (14.81) feet to a point; Thence N23°54'51"W thirty-eight and eighty-four hundredths (38.84) feet to a point; Thence N20°46'58"W forty-five and eleven hundredths (45.11) feet to the point of beginning. Excepting and reserving, however, the following tract or parcel which is shown as "VILLAGE GREEN OPEN SPACE LAND"on said plan: Beginning at a point at the northwesterly corner of Lot 1 as shown on said plan, thence N 18°35'43"W sixty-nine and no hundredths (69.00) feet and thence N71'24'1 T'E torty and no hundredths (40.00) feet to the TRUE POiNT OF BEGINNING: ;0001x'_64;%3: - 5 - Metes & Bounds Description Carter Field Road Exhibit A: Page 4 of Thence along a curve to the right having a central angle of 90°00'00". a radius thirty-one and no hundredths O 1.00) feet and an are length of forty-eight and sixty-nine hundredths (48.69) feet to a point of tangency; Thence N71'24'1 T E sixty-three and no hundredths (63.00) feet to a point of curvature; Thence along a curve to the right having a central angle of 90°00'00". a radius thirty-one and no hundredths (31.00) feet and an are length of forty-eight and sixty-nine hundredths (48.69) feet to a point of tangency; Thence S 18°35'43°E two hundred seventy-five and eighty-six hundredths (275.86) feet to a point of curvature; Thence along a curve to the right having a central angle of 180°00'00". a radius of sixty- two and fifty hundredths (62.50) feet and an are length of one hundred ninety-six and thirty-five hundredths (196.35) feet to a point of tangency; Thence N 18°35'43"W two hundred seventy-five and eighty-six hundredths (275.86) feet to the point of beginning, :00018204:\3: - 6 - ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the day of , 2011. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, ss. On this day of , 2011, before me, the undersigned notary public personally appeared Proved to me through satisfactory evidence of identification,which was [my personal knowledge of said person or driver's license], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as a member of the Town of North Andover Board of Selectmen. Notary Public My commission expires: CONFIRMATORY DRAINAGE EASEMENT This Confirmatory Drainage Easement (this "Drainage Easement") is made this 3 day of t; : I 2011, by the undersigned Karen Zahoruiko of 115 Carter Field Road.North Andover" Massachusetts 01 845 (the "Lot 2 Owner'). ,John Gutkoski and Lisa Gutkoski of 121 Carter Field Road, North Andover, Massachusetts 01845 (the "Lot 3 Owner'). and CARTER FIELDS LLC, a Massachusetts limited liability company. with an address at 115 Carter Field Road, North Andover, Massachusetts, 01845 (collectively. with the Lot 2 Owner and Lot 3 Owner. referred to as the "Grantors"). to and in favor of the inhabitants of the Town of North Andover, acting by and through its Board of Selectmen, 120 Main Street, North Andover, Massachusetts 01845 (the '"Grantee"). RECITALS: A. Lot 2 Owner is the current owner of a certain parcel of land situated in North Andover, Essex County, Massachusetts, commonly known as 115 Carter Field Road and being shown as Lot 2 ("Lot 2") on a plan entitled "Special Permit and Definitive Subdivision Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development. LLC. by MHF Design Consultants, Inc.. Date: August 9. 2002'" and recorded with Essex County Northern District Registry of Deeds as Plan No. 14471 (the "Subdivision Plans'). B. Lot 3 Owner is the current owner of a certain parcel of land situated in North Andover, Essex County, Massachusetts, commonly known as 121 Carter Field Road and being shown as Lot 3 ("Lot 3") on the Subdivision Plans, C. Lot 2 and Lot 3 are subject to a drainage easement (the "Draina r; Easement") over and along the border of Lot 2 and Lot 3 as shown on the Subdivision Plans, being a twenty foot (20') wide strip comprising ten feet (10') along the southerly edge of Lot 2 and ten feet (10") along the northerly edge of Lot 3 (the "Drainage Easement Area"), said Drainage Easement being a portion of the general grant of infrastructure easement for the Carter Fields Subdivision made to the Town of North Andover by way of the Form M Conveyance of Easements and Utilities recorded at Book 987. Page 167 (the "Form M Easement"). and as the Drainage Easement was further reserved in favor of Tara Leigh Development LLC by deed recorded at Book 10897, Page 217, with respect to Lot 2, and Book 8428, Page 126, with respect to Lot 3. :00025837:N 11 D. The Drainage Easement was further conveyed from said Tara Leigh Development LLC to Carter Fields LLC appurtenant to conveyance of the fee in Carter Field Road by way of deed recorded at Book 9688. Page 39. E. The Grantors now desire to confirm and ratify the said Drainage Easement over Lot 2 and Lot 3 in favor of the Town of North Andover as appurtenant to the conveyance and transfer of the fee interest in Carter Field Road unto the Town of North Andover, and in so doing to also clarify and confirm the terns and scope of the said Drainage Easement as hereinafter set forth. NOW THEREFORE, in consideration of Ten Dollars ($10.00) paid, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree ratify and confirm the Drainage Easement and grant the said Drainage Easement in favor of the Grantee as follows: The Grantee has and shall have the perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain, within the above described twenty foot (20') wide Drainage Easement Area, any underground sewers, manholes, pipes, conduits, covered surfaces, ground water drains, and other appurtenances and facilities necessary for removal, conveyance and discharge of water, including storm water or ground water and including water from underground detention systems, and to do all acts incidental to the foregoing, so as to maintain the existing drainage facilities in good operating order and condition, consistent and in accordance with and as shown in the Subdivision Plans. This easement is granted with the perpetual right and easement from time to time, without payment, of the above named Grantee, its employees, agents, successors and assigns, to pass and re-pass over, across and upon said Drainage Easement Area as is reasonable and necessary in order to repair, remove, maintain, operate and patrol said drainage utility systems, including to make, upon reasonable notice to the Grantors, such excavation or clearings as may be reasonably necessary in the opinion and judgment of the Grantee, their successors and assigns for the care and maintenance of said Drainage Easement, provided however, that any area excavated shall be reasonably restored to its former condition upon making any such excavation. All such access to the Grantor's land shall be limited to the "Drainage Easement Area". The easement as granted herein shall run with the land and shall be binding upon and inure to the benefit of the Grantors and Grantee and their respective successors and assigns. For title of Lot 2 Owner see deed recorded at Book 10897, Page 217. For title of Lot 3 Owner see deed recorded at Book 10809, Page 216. For title of Carter Fields LLC see deed recorded at Book 9688, Page 39. 00025837:%1 1 IN WITNESS WHEREOF, the and reigned have caused this document to be executed under seal as of this-'731ay of X nj , 2011. _ I Witness Karen Zah�iui Witness John Gutkoski 1 Witness Lisa GUtkcjki CARTER FIELDS LLC By. Witness Thomas D. Zahoruiko, Manager -� C— COMMONWEALTH OF MASSACHUSETTS ESSEX. SS On this r day of A4, i , 2011, before me, the undersigned notary public, personally appeared Karen Zahoruiko,proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, 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. Notary Public ; My Commission xpires: 7 •txpire; 100025837;vI COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this z 3. day of 2011, before me, the undersigned notary public, personally appeared John Gutkoski, proved to me through satisfactory evidence of identification, which was being personally known to 3'd party witness personally known to me, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that lie signed it voluntarily for its stated purpose. G Notary Public -- My Commission Expires: �N .... COMMONWEALTH OF MASSACHUSETTS ESSEX, SS - On this G day of c , 2011, before me, the undersigned notary public, personally appeared Lisa Gutkoski, proved to me through satisfactory evidence of identification, which was being personally known to 3'd party witness personally known to me, 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. _ • .mil �/ Notary Public ------ My Commission Expires: COMMONWEALTH OF MASSACHUSETTS V. ESSEX, SS _ /./_�.. w� On this Z�day of /1 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License. to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts limited liability company. l Notary Public My Commission Exptr`es: i �uossgc{�U ;u0025837:x i kAje°e ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the day of _ 2011. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, ss. On this day of — , 2011, before me, the undersigned notary public personally appeared Proved to me through satisfactory evidence of identification, which was [my personal knowledge of said person or driver's license], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as a member of the Town of North Andover Board of Selectmen. Notary Public My commission expires: Q O QUITCLAIM DEED c Q (Carter Field Road—Dedication of Open Space) s t Z The undersigned. CARTER FIELDS LLC (the "Grantor"). a Massachusetts limited liability .a company, with an address at 115 Carter Field Road, North Andover, Essex County, 0 Massachusetts, 01845, in consideration paid of less than One Hundred Dollars ($100.00), the receipt and sufficiency of which is hereby acknowledged, and for other good and valuable consideration, L t grants to THE INHABITANTS OF THE TOWN OF NORTH ANDOVER, a Massachusetts V municipal corporation, with an address at 120 Main Street, North Andover, Essex County, .6 Massachusetts, 01845, c �v J with QUITCLAIM COVENANTS W v ca a Certain land situated in the Town of North Andover, being comprised of two (2) tracts and being shown and depicted as "Open Space Land" on a plan entitled. "Street Layout Plan, Carter Fields O Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design Consultants, Inc., Dated: March 14. 2011"" and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. (the "Plan"). being more particularly bounded and described Pthereon as follows: L Q Tract One Q, That certain parcel or tract of land located to the north of Carter Field Road, $- shown on said Plan as "OPEN SPACE LAND. 169.503 Sq.Ft,. 3.891 Ac. +/ and being bound on said Plan as follows: Northerly, by the Town of Boxford and land now or formerly of George R. Barker, Jr.; Easterly, by Lots 14, 15, 16 and 17; Southerly, by Carter Field Road; and :oo 1X573:\4 Westerly, by land now or formerly of George R. Barker, Jr. and the Town of Boxford, all as shown of said Plan. Tract Two That certain parcel or tract of land located to the south of Carter Field Road, shown on said Plan as "OPEN SPACE LAND, 383,514 Sq.Ft., 8.804 Ac. +/-" and being bound on said Plan as follows: Northerly. by Parcel 'A' and by Carter Field Road: Easterly, by a portion of Carter Field Road and by Lots 1, 2 and 3; Southerly, by the Town of Boxford and land of Essex County Greenbelt Association; and Westerly, by Bradford Street, all as shown of said Plan. Reference is made to that certain plan of land entitled "Special Permit and Definitive Subdivision Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design Consultants, Inc., Date: August 9, 2002" and recorded with Essex County Northern District Registry of Deeds as Plan No. 14471. Reference is also made to that certain plan entitled, "Easement Plan. Carter Field Subdivision. Carter Field Road. North Andover. Massachusetts" prepared for Tara Leigh Development, LLC by MHF Design Consultants. Inc.. Scale 1" = 80' dated September 9, 2004 and revised 1 1/1/04, a copy of which is recorded with Essex County Northern District Registry of Deeds as Plan No. 14969. Meaning and intending to convey all of the Grantor's right title and interest in the open space in the Carter Fields Subdivision. including the fee interest in Recreational Fields #l, #2 and #3, the Parking areas, the Trail & Access Easement areas and all other remaining open space, all as shown and identified on said Plan No. 14969 and Plan No. 14471, excepting therefrom and reserving in Grantor, the fee interest in the area shown as "VILLAGE GREEN OPEN SPACE LAND, 44.081 Sq.Ft.. 1.012 Ac. +/-"on the Plan. The said land is conveyed together with all buildings, structures and improvements thereon and therein, including without limitation the sewer/pump station, building and all related sewer lines and facilities therein, whether located above or below ground. Subject to and with the benefit of easements, restrictions, covenants, conditions and takings of record, insofar as the same are now in force and applicable, and without limitation to which, this conveyance is made subject to and with the benefit of the following: 1. An Easement to Verizon New England, Inc. dated June 12, 2003 and recorded at Book 7952, Page 60. 2. An Easement to Massachusetts Electric Company dated October 3, 2003 and recorded at Book 8366, Page 321. :00018573:\4; - 2 - I . Drainage Easement over and along border of Lot 2 and Lot 3 as shown on Plan No. 14471 and as reserved in deeds recorded at Book 10897, Page 217, in the case of Lot 2, and Book 8428, Page 126, in the case of Lot 3, and as confirmed by easement instrument recorded herewith, 4. Recreational Trail Access Easement made by the Grantor in favor of ECGA, recorded at the Essex County Northern District Registry of Deeds at Book 9265, Page 112. 5. Use limitations and restrictions as set forth in deed of Tara Leigh Development, LLC to Carter Fields, LLC, recorded with the Essex County Northern District Registry of Deeds at Book 9688, Page 39, including without limitation that such land: (I) shall not be open for use by the public after dusk or before sunrise; and (2) in no event may the lighting be installed or utilized at or upon the said land. 6. A restriction that only organic, low nitrogen fertilizers shall be used in lawn care or maintenance for said Lot.. 7. Restrictions set forth in deed of Anne M. Renshaw and Judith C. Mohnkern, as Trustees of C/M Realty Trust, dated April 11, 2003 and recorded at Book 7688, Page 246. 8. Notice of Decision dated December 27, 2002 and recorded at Book 7605, Page 166. 9. Notice of Decision dated December 27, 2002 and recorded at Book 7605, Page 173. For title see deed of Tara Leigh Development, LLC to Carter Fields, LLC, recorded with the Essex County Northern District Registry of Deeds at Book 9688, Page 39. Executed under seal as of this day of_ I 2011. CARTER FiELDS LLC Witness Thrrras D. Zahoruiko, Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this day of ,�; , 2011, before me, the undersigned notary public, personally appeared Thomas D. Z_ahoruiko, proved to me through satisfactory evidence of identification, which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Public My Commission ices: :0001 8573%4,' - 3 - , ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the day of 2011. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN I COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, ss. On this day of , 2011, before me, the undersigned notary public personally appeared Proved to me through satisfactory evidence of identification, which was [my personal knowledge of said person or driver's license], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as a member of the Town of North Andover Board of Selectmen. Notary Public My commission expires: DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement (this "Easement") is made this day of /e- 2011, by the undersigned CARTER FIELDS LLC, a Massachusetts limited liability company, with an address at 115 Carter Field Road, North Andover, Massachusetts, 01845 (the "Grantor''). to and in favor of the inhabitants of the Town of North Andover, acting by and through its Board of Selectmen, 120 Main Street, North Andover, Massachusetts 01 845 (tile "Grantee"). RECITALS: A. Grantor is the current owner of a certain land commonly known as the "Village Green." located within the Carter Field Subdivision,situated in North Andover. Essex County. Massachusetts, and being shown and depicted as "VILLAGE GREEN OPEN SPACE LAND, 44,081 Sq.Ft., 1.012 Ac. +/ on a plan entitled. "Street Layout Plan, Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design Consultants. Inc., Dated: March 14, 2011 and recorded with Essex County Northern District Registry of Deeds herewith as Plan No. (the "Village Green"), B. Grantor is conveying the fee interest in Carter Field Road and the fee interest in certain open space in the Carter Field Subdivision to the Grantee by Deeds dated or about the date hereof and to be recorded herewith, but Grantor is retaining and reserving the fee interest in the Village Green. C. Certain drainage and utility facilities have been constructed under and within the Village Green, including without limitation as further contemplated or described in that certain plan entitled "Special Permit and Definitive Subdivision Plan. Carter Fields Subdivision, Prepared for Tara Leigh Development, LLC, by MHF Design Consultants. Inc.. Date: August 9, 2002" and recorded with Essex Count}, Northern District Registry of Deeds as Plan No. 14471 (the "Subdivision Plans"). D. The Grantor now desires to grant a drainage and utility easement (the "Drainage and Utility Easement") over the Village Green in favor ofthe Town of North Andover as appurtenant to the conveyance and transfer of the fee interest in Carter Field Road unto the Town of North Andover, upon the terms and scope as hereinafter set forth. NOW THEREFORE, in consideration of Ten Dollars ($10.00) paid, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Grantor hereby grants this Easement in favor of the Grantee as follows; :00020472:\ The Grantee is hereby granted and shall have the perpetual rights and easements to construct, inspect, repair, remove, replace, operate and forever maintain, within the Village Green, underground sewers, manholes, pipes, conduits, covered surfaces, ground water drains, underground drainage detention systems and other appurtenances and facilities necessary for storage, removal, conveyance and discharge of water, including storm water or ground water and including water from underground detention systems, together with underground utilities of any other kind or nature and related appurtenances and facilities, all as may presently be constructed or exist or as may hereafter be constructed or installed, if at all, including without limitation water, sewer, electric, gas, cable or any other underground utilities or related facilities whatsoever, and to do all acts incidental to the foregoing, so as to maintain the existing drainage facilities in good operating order and condition, consistent and in accordance with and as shown in the Subdivision Plans. This easement is granted with the right, but without the obligation, to construct and repair any such utilities. This easement is granted with the perpetual right and easement from time to time, without payment, of the above named Grantee, its employees, agents, successors and assigns, to pass and re-pass over, across and upon said Village Green as is reasonable and necessary in order to repair, remove, maintain, operate and patrol said drainage and utility systems, including to make, upon reasonable notice to the Grantor, such excavation or clearings as may be reasonably necessary in the opinion and judgment of the Grantee, its successors and assigns, for the care and maintenance of said Drainage and Utility Easement, provided however, that any area excavated shall be reasonably restored to its former condition upon making any such excavation. The easement as granted herein shall run with the land and shall be binding upon and inure to the benefit of the Grantor and Grantee and their respective successors and assigns. For title of Carter Fields LLC see deed recorded at Book 9688, Page 39. ;000_16472:\1; IN WITNESS WHEREOF, the undersigned has caused this document to be executed under seal as of this_day of }'; ?01 l. CARTER FIELDS LLC Witness Thomas D.Zahor-uiko, Manager COMMONWEALTH OF MASSACHUSETTS ESSEX, SS On this 5' day of 2011, before me, the undersigned notary public, personally appeared Thomas D. Zahoruiko, proved to me through satisfactory evidence of identification. which was a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose, as the Manager of CARTER FIELDS LLC, a Massachusetts limited liability company. Notary Pubhq i My Commissi xpires: .SCa .� rtarl�.; * 'Jbllc Corr; et MassachuS0& t4155i00 Ex3irw .2U; :0002647'_;x1: ACCEPTANCE OF TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover, acting by and through its Board of Selectmen hereby voted to accept the foregoing conveyance. EXECUTED as an instrument under seal as of the day of 2011. TOWN OF NORTH ANDOVER ACTING BY AND THROUGH ITS BOARD OF SELECTMEN COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX, ss. On this day of , 2011, before me, the undersigned notary public personally appeared Proved to me through satisfactory evidence of identification, which was [my personal knowledge of said person or driver's license], to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose as a member of the Town of North Andover Board of Selectmen. Notary Public My commission expires: t TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 µ0R7#{ Of , .0 .�ti0 �= °p Telephone(978)688-9501 Joyce A. Bradshaw,CMMC FAX (978)688-9557 Town Clark, SACHU`'Et�� MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Mark Rees, Town Manager / ,;,i,/,/ FROM: Karen A. Fitzgibbons, Asst. Town Clerk DATE: June 15, 2011 SUBJECT: Application for 4`h of July on the Common Attached please find an application from Philip Spitalere, on behalf of the North Andover VFW Post 2104, for permission to erect a tent on the common for the purpose of selling beer and wine during the 41h of July celebration. The event is to be held over three days, hours are as follows: Friday, July 1, 2011 4:00 pm to 9:00 pm Saturday, July 2, 2011 Noon to 10:00 pm Sunday, July 3, 2011 Noon to 9:00 pm The applicant is asking the Commission to waive the $75 fee, as has been done in the past. The North Andover Police Department, Fire Department and Building Inspector all recommend favorable action. If you have any questions or concerns, please do not hesitate to contact me. Thank you. The Commonwealth of Massachusetts Town of North Andover Application for License -- ONE DAY (General) 2011 $ 75.00 WINE & MALT License Fee' $100 ALL ALCOHOL Date; TO THE LICENSTNO AUTHORITY; The undersigned hereby applies f a license in accordance with the provisions of the Statues relating thereto; (Full Namo of Person, Firm,or Corporation Making Application) State Clearly Purpose For NA dr Which License is `�' ((11 11 /� \ Requested t t t�1 {or N��r�t I,(t�ores t{�� 0� Jt:��a ���,{�tol1-- f'J 0 r 1-j(` Gd"tf Co r'ti.mar Q°,� 01 Give Location by Street& �t, Number �•a '►t in said Town of North Andover in accordance with the rules and regulations made under authority of said statutes, certif,'under the penalties of perjury that 1,to the best of my knowledge and belief,have filed all stato tax returns and paid all to t tes required by law, as well as withholding and remitting child support, Padaton')o Individual or Corporate Name By. Corporate Officer (Mandatory, if Applicable) # Social Security# (Voluntary) or Federal Identification Number 10 This License will not be issued unless this certification clause is signed by the Applicant, #+ Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax tiling or tax payment obligations. Licensees who fail to correct their non filing or delinquency will be subject to license suspenlon or revocation, This request is made under the authority of Mass G,L. Ch 62,Sect. 49A. Received 1 20 Time Signature of Applicant Amount Approved 20 Address(Home) License Granted 20 z d 1_SS6889BL6 UWO-L WdLTtZT TT02 TE Fe POLICE am Sap- 4 11 D E P A R T J19 E /Y -- — "(:'ontntur(iti� Purvu>rShip" To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney Date: June 9, 2011 RE: One Day Wine & Beer License The Police Department has no objection to the one day liquor license application submitted by Phillip Spitalere on behalf of the V.F.W. to sell beer and wine on the common on the dates and at the times listed on the application and under the same limitations and conditions listed on last year's license. 1 '75 ( 9�GC?D S`PREE'i', NCRTH ANDWER, P,IAS.SfiCHUSETTS, U194'. --- Teiephone: 9'78-683-3158 Fax: 978-686-72]? TOWN OF NORTH ANDOVER Fire Department Central Fire l leadquarters— Fire Prevention Officc 124 MAIN STREET NORTH ANDOVER, MASSACFIUSI:I'FS 01845 pORTy Andrew Melnikas 3?°�',` 1 Telephone (978) 688-959 Fire Chief A IAX (978) 688-9594 Lt. F. McCarthy ` °° T'`.:y* ameh>ikas<<%;trnvnofnorthandover.com Fire Prevention Officer �SSACHUSE4 Fmccarthv!ii! Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, June 07, 2011 3:56 PM To: Fitzgibbons, Karen Subject: RE: 4th of July on the Common application Karen The Building Dept has no issues Thanks GeraCd.A. Brown Inspector of BuiWtngs Building Department Town of North Andover 1600 Osgood Street Building 20, South;Suite 2-36 North Andover, MA 01845 From: Fitzgibbons, Karen Sent: Tuesday, June 07, 2011 3:40 PM To: Carney, John; McCarthy, Fred; Brown, Gerald Subject: 4th of July on the Common application Please see attachment. �., n:.(_the ma s ch„S Us of State's offu.e has deternined Ihnt i.i,"Ws to and fiorr nr.,nic pal and off iris� p.hiu,recuid Fu' nn;r ;(omialirn x.him. Tease refei to.http,l/www.sec.state.ma.us/pre/greid state ma.us/pre/greid t <,5e , .r edt,t!,a ,o'rrini�i'il hef,u:printing!his email- 1 f � TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH 3�O°�tt ` 6 q�OO� Joyce A. Bradshaw, CMMC o A Telephone(978)688-9501 Town Clerk, FAX (978)688-9557 SACHt15���9 MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Mark Rees, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk j 1 DATE: June 15, 2011 SUBJECT: Common Victualler Attached please find an application for change of name only for a common victualler license located in 1600 Osgood Street. Marsha Cohen, Luci's Cafe, is retiring and Steven Beauvais, Two Chefs Are Better Than One, has been contacted by Ozzi Properties to manage the business. There will not be a sale or lease of a business or property in this changeover, and the current employees have been offered continued employment, if they wish to stay. The North Andover Police Department, Fire Department and Building Inspector have no issues with this changeover. If you have any questions or concerns, please do not hesitate to contact me. Thank you. -7 7 777777777-7 Two CHEFS ARE BETTER Smic 20() l.owcll. AN I, '; ti�tlj 0�1 u<�vi�(ia,tii ui 1,c�/.i li,nd.runt June 11, 2011 Trace Watson Chairperson North Andover Licensing Commission 120 Main St. North Andover, MA. 01845 Dear Alls. TT�atson, Two Chefs are Better Than One is an eleven year old catering company based in Lowell Massachusetts. We have held foodservice, catering, and common victualler's licenses in Lowell and Billerica. We have the opportunity to take over the management contract ofLuci's Cafe in Osgood Landing as of July I", 2011. Marsha Cohen, the current contract holder, is retiring on June 30')'. ffe were offered the contract by Orit Goldstein of Ozzy Properties when she learned of Marsha's retirement. Two Chefs will purchase the food inventory from Marsha. The equipment in the cafe-is owned by Ozzy Properties. There ivill not be a sale or lease of a business or property in this changeover. Marsha's employees have been offered to keep their current positions with us if they elect to do so. Thank you for considering granting us a Common Victualler's license so the transition from one vendor to another may be as seamless as possible. Sincerely, Steven C. Beauvais Treasurer/Chef Two Chefs Are Better Than One i TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application 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 I t t o s f�r F-1 change of dba ❑ Other List type of license(s)applying for: Common Victualler Package Store All Alcohol Class 1 N o.of vehicles fordisplay: Restaurant All Alcohol ❑ Package Store Wine& Malt ❑Class II No.of vehicles fordisplay:_ Restaurant Wine & Malt aFortune Teller j Club All Alcohol F-1 Vehicle for I-IirJraxi No of Vehicles: Annual Entertainment Sunday Entertainment Electronic Games-list below: i ❑ Jukebox ❑ Billiard`(able No.of tables: Business Name (legal): t'�a Cr'r � �f �r7T {� rt{�> ,' ►/dba: 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 licensed premises (include zip code): /G nn �5��afj ST• ,UnZr+j�,Udo«'E !'1d. mailing address (if different than above address): i-I CyJrk r o� *6c- 14)y")C-U, Mli, v' jam. Name of individual/applicant authorized to apply for license: '�'��� Business tel, no. of applicant: 7�' �� lZt°� Business email: �� F.E.1.N: (F.IX). Q4{ 351 Please check one of the following:0 own premises lease premises property under P&S Name and address of property owner if different from license holder; W C�S�{a,� S y . '�/ EfFj /4Alth"t/t tQA C�r�S°�S ame ress If applicable, please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? Have you previously applied for a license? (Yes) ❑ (No)F� Have you ever had a license revoked? (Yes)❑ (No)❑ If yes, please indicate why: 1 i i I If there is a building or structure associated with the license, please submit the following (preferably on 8 111 x 1 1" paper-no larger than 8 111 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 1 or Class 11 license, please submit a plot plan that shows: i 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: j Monday G- '3 Thursday < "3 Tuesday 6 Friday Wednesday �^ Saturday Sunday (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (if applicable) Name of Business: °�+�o Cr /1A,t' 7 /x' V' CA 12_><;rd)4. Address: 1_7 C_rJu'�V i.. `� �,?�( kO;�)C`L A'M. Q 2S 5cZ Federal Tax No. (If applicable): n� 352— 06'50 I certify that 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. Date: X Signature:, _nor I certify under the penalties of perjury that 1, to the best of my knowledge and belief, have filed all state tax returns and paid all state and local taxes required by law. -� Date: Signature: 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 ontained in this application. Date: 7.f�i Signature: Please contact the Town Clerics Office at (978) 688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 i i Mrs I S i 00000 0 O g O O .O -c 0 0 ,�:, Mom,rb a "" Jl, `. A u:aauowaucruaccrR :F.�ss�u�u e i e o •,�. If11VDING e r.xe c++xs.sv�cnax•Morrucrvcwt+.o a.re: • _.-[� w v Cap CCI.lYrvf4f0,.�!a;I—@Mtf cCOPia:, O�� _ .i.!+=s.as s✓l�°rr x.r - ao�.,bw s:�^ea.ce ss•c W m CC'I not ..sV,°' `''� .crza•9.u:wE:nm..•.«avvs:A, C w w o 00 00 � d .o NoK LUCI`C PLACE CEAMIG AKR*JGEI EtF&CA AG1iY u PROJECT NORTH �.mGBD-0807089N A 2.9 Fitzgibbons,. Karen From: Brown, Gerald Sent: Friday, June 10, 2011 9:02 AM To: Fitzgibbons, Karen Subject: RE: Common Victualler License Karen The building Dept has no issues Coer-a"A-Tr-av-n Inspector of B &CIngs Building Department Town of North Andover 1600 Osgood Street Building 20, South; Suite 2-36 North Andover, MA 01845 From: Fitzgibbons, Karen Sent: Thursday, June 09, 2011 2:10 PM To: Carney, John; Melnikas, Andrew; Brown, Gerald Cc: Bradshaw, Joyce. Subject: Common Victualler License Hi All, Attached please find an application and plan for a Common Victualler License for Osgood Landing, 1600 Osgood Street. "Luci's Cafe" is retiring and Steven Beauvais, from "Two Chefs are Better Than One" will be taking over. He claims no changes are being made and he will use the same equipment as Luci's. At present, I am awaiting a letter from Mr. Beauvais to that effect, but have not received yet. As I will be off tomorrow and Monday, and he wants to be on the 6/20 BOS agenda, I thought I'd send along what I do have. I will need your recommendation by June 15th and if I received his letter I will send it along. Thanks for your help in this matter, Karen e8se note the tActssacht-Ats Secretz;ry of State's otrtct,has deteanined that most emails F-and from monicip•11 office-s and o1Flcmn are putmc locw;os Fur rwre please refer to http://www.sec.state.ma.us/pre/preidx.ht m Please consider the environment before rtintinq tliis em-111 1 POLICE Q E P A R T M E N 'T —� `Contrimllity Partnership" To: Karen Fitzgibbons, Assistant Town Clerk From: Lt. John Carney Date: June 9, 2011 RE: Common Victualler License The Police Department has no objection to the common victualler license application submitted by Steven C. Beauvais to operate his restaurant business at Osgood Landing as outlined in the application. 1475 OSGOOD STREET, NORTH AL�P,OVER, MASSACHUSEP'iS 0184, , Tclzpi"1O11C: 978-583-3158 Fax: 973 Fitzgibbons, Karen To: Carney, John; Melnikas, Andrew; Brown, Gerald Cc: Bradshaw, Joyce Subject: Common Victualler License Attachments: noreply @townofnorthandover com_20110609_141115 Hi All, Attached please find an application and plan for a Common Victualler License for Osgood Landing, 1600 Osgood Street. "Luci's Cafe" is retiring and Steven Beauvais, from "Two Chefs are Better Than One" will be taking over. He claims no changes are being made and he will use the same equipment as Luci's. At present, I am awaiting a letter from Mr. Beauvais to that effect, but have not received yet. As I will be off tomorrow and Monday, and he wants to be on the 6/20 BOS agenda, I thought I'd send along what I do have. I will need your recommendation by June 15th and if I received his letter I will send it along. Thanks for your help in this matter, Karen i i Vil C TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A. Bradshaw,CMMC �2 `A Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 �RSSACHUSk��y MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Mark Rees, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk � �`'� DATE: June 16, 2011 SUBJECT: Common Victualler License— Solo Cafe Attached please find an application for a Common Victualler License at Solo Gas Station, 1503 Osgood Street. This location previously had a Common Victualler License under"Toscano To Go"but it closed after a very short time. In a Technical Review Committee meeting with the Fire Department, Health Department and Building Inspector it was found that no changes were being made from the previous manager,just the name. Lt. Fred McCarthy, Fire Department, and Asst. Building Inspector Brian Leathe have no issues and recommend favorable action. The applicant, Ali Aminipakdaman, continues to work with the Health Department on very minor issues. The applicant has paid the $100 application fee. If you have any questions or concerns, please do not hesitate to contact me. Thank you. Jun 15 2011 12: 22 HP LASERJET FAX 1978GS20087 page 2 TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application 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 M I r a e t f t r. ❑ change of dba❑ Other ! List type of license(s)appWng for: Common Victualler F] Package Store All Alcohol Class I N o.of vehicles for display:_ Restaurant All Alcohol ❑ Package Store Wine&Malt Dams II No.ofveWdesfcrdispIay: Restaurant Rine&Malt ]Fortune Teller Club All Alcohol 71 Vehicle for HnerIiud No of Vehicles: 0 Annual Entertainment Sunday Entertainment Electronic Games-list below: Jukebox ❑ Billiard Table No of tables: Business Name(legal dba: t- .! 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 Stage's Office. L---2. Corporate Vote authorizing business at the location. Address of licensed premises (include zip code): � ""Q mailing address (if different than above address AA k Nameof individual/applicant authorized to apply for licensee \y%,: ,- Business tel.no, of applicant: Business email: F.E.I.N:(F.I.N.). Please check one of the following:®own premises ❑lease premises[]property under P&S Name and address of property owner it di event from license holder ,`, •,-(,M '°�k�i.t ,.:a�a..a � ,. .,�g� �i 1 `�r „°,�'a °J t � x 4 .��� 4°"''��a +.._'�a4'���,� v AddrM i Ifapplicablte,please attach copy of lease and/or Purchase and Sales Agreement Do you currently hold a similar license? What type? •t Have you previously applied for a license? (Yes)❑ (No)E Have you ever had a license revoked? (Yes)L_._J (No) if yes, please indicate why: t Jun 15 2011 12: 22 HP LRSERJF_T FAX 19786820087 page 3 If there is a building or structure associated with the license, please submit the following (preferably on 8 I12 x l 1" paper-no larger than 8 112 x 14"): 1.Floor plan (include seating area), and L--12.Site plan indicating parking areas and access to town ways. If applying for a Class I or Class I1 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 Thursday Tuesday �, Friday Wednesday � Saturday 3� Sunday (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) Name of Business:__ Address: Federal Tax No. (If applicable); ° 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. Date:i,>%e ���t Signaiva. -- -- I I certify under the penalties of perjury that 1,to the best of my knowledge and belief, have filed all state tax returns and paid all state and local taxes required by law. DateC—��.� �a, Signatur'c _� - 1 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 contained in thipi. �e Town Clerks at 7 688-9501 if h ve a es ions r regarding Please contwct t! Office 9 8you a n questions to � ) Y Y 8 e8 g this application form. Revic%vdand amended:2011 2 1 JOINT UNANIMOUS CONSENT VOTE AND RESOLUTIONS OF THE MANAGER AND MEMBERS OF YENTE, LLC The undersigned, being all of the Managers and Members of Yente, LLC, a limited liability company duly organized in the Commonwealth of Massachusetts (the Company) , do hereby waive all notice of the time, place and purposes of a meeting of the Managers and Members of the Company and VOTE to the adoption of the following resolutions with the same force and effect as if adopted at a duly convened meeting of the Managers and Members of the Company and hereby direct that this vote be filed with the minutes of the proceedings of the Mangers and Members of the Company. RESOLVED: That the Company execute all documents and take all action as deemed necessary with regard to the Company's premises located at 1503 Osgood Street,North Andover, Massachusetts to operate and manage "Solo Cafe" for the purpose of a take-out foods and sandwich shop at the premises and in connection therewith, and to take any and all such further action as deemed necessary by the Manager of the Company as may be required to effectuate said change. The taking of such action and the execution of such documents, instruments and certificates shall be conclusive evidence of authority hereunder. RESOLVED: That the Manager of the Company, Nicholas Heras Jr., be and hereby is, authorized and empowered in the name of and on behalf of this Company to take all such actions and to execute all such documents, instruments, certificates and agreements as may be necessary or convenient to give effect to the above reference d resolution. the taking of such action and the execution of such documents, instruments and certificates shall be conclusive evidence of his authority hereunder. Dated this 15th day of June, 2011 YENTE1, LLC Nicholas fIeras Jr., Member and Manager Laura P Heras, Member - ---�- Being all of the Members and Manger of the Company 06/16/2011 11:09 FAX 617 742 4538 FILING ROOM Buz A& ' William Fr=6a Qdvin Scactuy of� Co�anweakth June 15,2011 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by YEN'T E,LLC in acaor&mce with the provisions of Massachusetts General.Laws Chapter 156C on September 16,2009. I further certify that said Limited Liability Company has filed all annual reports due and paid all fees with respect to such reports;that said Limited Liability Company has not filed a certificate of cancellation or withdzaWal; and that said Limited Liability Company is in good standing with this office. I also certify that the names of all managen listed in the most recent filing are: NICHOLAS HERAS JIL I further certify;the names of all persons authorized to execute documents filed with this office and listed in the most reoezlS filing are: NXCH4LA,S BF-RAS J>L The names of all persons authorized to act with respect to real property listed in the most recent filing are: NICHOLAS HERAS JFL In testimony of which, I have hereunto a4fviced the Gr&2t Seal of the Commonwealth t on the date first above wriitcn. V � III' Seererary of the Commonwealth Processed By:TAA Fitzgibbons, Karen From: Enright, Jean Sent: Monday, June 06, 2011 10:16 AM To: Enright, Jean; Tymon, Judy; Hughes, Jennifer; Sawyer, Susan; Grant, Michele; DelleChiaie, Pamela; Willett, Tim; Willis, Gene; McCarthy, Fred; Fitzgibbons, Karen; Carney, John; Brown, Gerald Cc: Bellavance, Curt; Bradshaw, Joyce; Rees, Mark Subject: TRC Meeting Attachments: TRC Application.pdf; Layout Plan.pdf A TRC Meeting has been scheduled for Wednesday,June 15, 2011 at 10:00am for a proposed food operation to be located inside the Solo Station located at 1503 Osgood Street. The proposal is to open a food operation serving sandwiches and heat and serve products in the same footprint that Toscano had previously operated in. The TRC application and site layout plan are attached for your review. Please let me know if you do not plan to attend. Thank you. Jean Enright Planning Department 1600 Osgood St.-Bldg 20-Suite 2-36 North Andover,Ma 01845 978-688-9535 phone 978-688-9542 fax ienright @townofnorthandover.com Please note the Massachu ett .;e.cretw o State s office has detennmed that most emaits to and from municipal offices and officials are pubhc records l-or more information ploase refer to http•//www.sec.state.ma.us/prelgreidx.htm. H'l'ase cur >?der trw elmforuo em before rmnting this email 1 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters— Fire Prevention Office 124 MAIN STREET NOR'T'H ANDOVER, MASSACHUSETTS 01845 Andrew Melnikas Ot pOR t%OR TH Fire Chief o� O� 'Telephone(978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy pDgliaD fiF` y ainelnikas@towllofnorthandoyer.coin Fire Prevention Officer ,ACHUS fmccar-thy(c-i)townofiloi-thandover.axn �I Town Clerks Office 120 Main St. North Andover, Ma June 15, 2011 Karen, The Fire Department has no issues concerning a common victualler's license for Mr. Ali Aminipakdaman Of 1503 Osgood St. There were no significant changes proposed under his plan. I inspected the building after the TRC meeting, Ile should be all set. Lt Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Leathe, Brian Sent: Wednesday, June 15, 2011 12:35 PM To: Fitzgibbons, Karen Subject: RE: Common Victualler- 1503 Osgood St The Building Department has no issues with Ali Aminipakdaman obtaining a common victualler license @ 1503 Osgood Street, Thank You Brian Leathe From: Fitzgibbons, Karen Sent: Wednesday, June 15, 2011 12:24 PM To: Leathe, Brian; McCarthy, Fred Subject: Common Victualler - 1503 Osgood St Hi All, I realize this is a quick turnaround, but since we all met at the TRC this morning and you both seemed to be in favor of the project, could you possibly just send me a quick note stating that you have no objections to a common victualler being issued to Ali Aminipakdaman, 1503 Osgood Street. Since this is a simple application we are trying to place it on the BOS agenda for Monday night, and I need to prepare the packet for the Board. Any quick help you could give would be appreciated. Karen �5�'S�'taezt�ium �ex/a 978-68,Y-9,501 Ple-Jse,llo(e',tf;e fv1<ssv;�cr,s, etts Secre.!.,r/,C States nfllce has determined that most ernails to and from municipa!offices and officials are public records, I or more :nlonrr.f uo plc•as;r reter to http://www.sec.state.ma.us/pre/preidx.htm f'rease-or,,sAef the enviio,-im'.nf horme pnn.Ino this email. 1 _ r _ .,.............. _feet Osgood Landing, Town of North Andover, 1600 Osgood Street-Bldg. 20, Suite 2-36, North Andover, MA 01845 )' Phone: 978-688-9535 Fax 978-688-9542 jenri ht townofnorthandovencom Planning Department Technical Review Committee Meeting(information form). Please submit this information to the North Andover Planning Department c/o.lean Enright no later than the Wednesday preceding the scheduled Technical Review Committee Meeting. Applicant will confirm with Ms Enright the date and time of the meeting on Wednesday prior to the'actual TRC meeting date. It is important that either the applicant or the applicant's representative attend the TRC meeting. Please type or print clearly. l.Applicant: __A t i re-26L_Am f rt`r P a }.0 W a 2.Applicant's Address: SO 6-0��—,t ��.�6✓J kA I— ✓e 3.Applicant's phone number -�j °-� C' e_Q 4.Address of proposed location: 5.Zoning District of proposed location: 6.Square Footage of proposed project: 7.Number of employees 8.Hours of operation - =-�-- 9.Parking requirements 10.Is there food preparation required? a I I.Description of project: If you are proposing to open a business in an existing location please submit a copy of a site plan(you can obtain this from the landlord). It is not the intention of the Planning Department to have the applicant incur Architectural or Engineering expenses for submittal of a plan of land for purposes for a TRC meeting. TRC Applicant Form ............... ....... 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TYPE MANUFACTURER/ MODEL O�MENSION.S REMARKS z RmR »erk ,tofr CD RSRIOOLRATCR iRlfU T-.D "r 5 r 73.r , DCAMC ® CbA£CPGY OW1 DVI(CJ 013-m Da' DC 7• aN Im ODi71NC O CP,KYCR TDV�IDt WORM CwxTom=POV 1Jp1 DC' Dt r %r t =INC NCTD TP)LA,Li TD UIR$ALL COSTING SDVK:, O w w VAX DM,W DwCSIL-lzwR ]a' W W , =7S.'..SRBIL=51= RLDDR oRWq Yd51C11 Sl1PR.Y uws. MKSit-9'A7"�S 11L^3 ANb NCt 4ttTOt COICGTWC d NC,g041K PNKWInC M1N�P tY xa r to tY fXGiR1a � E9YPYD17. TDlANf 70 ACS IRpIL:ILL O D61fRASwX 9NK: aMRC/xo5-x,a 96• 2a' .r (1 t14SID,C.S7NNlLt..Si VI. DDCWM� NO T=OiWCA S WILL BC O OJI omm owaw/cacao STDRID BY TC'LM ON SRC ALL D'J IA4 WALLS Q MAIM LAL DMk[CUt..ta-'-sTi 7: ]C ro aDrAtN ADD NO ACDR4O 10=W CC x.' , DmiR,a.tIA41% a BOLT. RNM4M TO RDWK DLC®T MR M1 MAL. O WRK TAAL DCIOJ ODUta-R.Ja xc JC 7a' , =rwA S Am=Sim 70Up1 IY PNM1T7F. ® coDKmP CDDKR7L vALTN1fKY[Yfi�COG ,7 r ,S r ♦r (x1 NOf Qn PDDC N tk ADCWT ,.r 72 r 9 F M RDf l) m"aw-=aw Cot maa/'.ca-ao-: su P as f• w�' s DecLSic 19P. NEW EQUIPMENT SCHEDULE FLOOR PLAN NO. TYPE MANUFACTURER/MODEL OtMENSIONS I REMARKS &SCHEDULE � coLR NmNr © DRSL MNC �M mNo MSLVLSoa DS r xD r 12 r am.—.Cm CD P MDIgN 0= foRrn MCROQxD=mu.cclro�+:D+s, n r s r 73 r .a.R. CID S'K"CH-=ARM =AwamM � Dal A-11 p sa:iz.aav Tq+c RLTA%W6 ac-saeta,P xr x,• �• Q SL SiL w"m aW owa Xf L CDwuO RL PRmuc S ,a' SY x7,r a | � / � Rees Mark From: Carol McG m] Sent: June 14` 2O1l 321 PM � To: Rees, Mark � � S FVV National Grid Easement � Attachments: NotGrid20110602105847143.odf Mark, Attached is 0')e oroposed Easernent for flhe rek)cation of p6es at the Kittredge Schoo|, m/ ,Och has been approved by Nabona| Gr�d. � havesemttheEasenuentto]YrnMea|e;forappnowa| bytheSchoo| 6unornit1ee (seebe|ovv). Whenthatap�rova| is gnanted, the Easement shuu|d bepresen¢edto Uhe Board ofSe|ectnnen for approuaL |fyom have any cluestions, p|ease |etnneknow. Thanks, Caru| Fromm: Carol Md]rawey Sent: Thursday,June O9, ZO112:37PyVI Tm: 'Mea|ey James' Subject: National Grid Easement Jim, Attached is the National Grid Easement for the Kittredge School,which should be presented to the School Committee for approval and signature. If you have any questions, please let me know,otherwise, please send me the original after it has been signed. Thanks. Carol p|eane nn/ema muxao^mmw\u000reu/yo/s�u�e's off/oeoa:um/ennmnu ou,mvntun`uxumanuonmmun|oipa/omo*a mid omoiamo/avvm/o,e:omc.ro/ moI(�mmnnanoov|au,e ,e/e/m, p/*aaecvoome,Him a^wnwmentuommnx,onom|)emux, � | � | � � � � � � � � � 1 � � � � , i i I i, i KNOW ALL MEN BY THESE PRESENTS i that the TOWN OF NORTH ANDOVER, a municipal corporation having an address of _ 120 Main Street, North Andover, Massachusetts 01845, acting by and through its Board of Selectmen and School Committee, (hereinafter referred to as the Grantor), for consideration of a One ($1.00) Dollar, grants to MASSACHUSETTS ELECTRIC COMPANY, 40 Sylvan Road, Z Waltham,Massachusetts 02451,a Massachusetts corporation,and VERIZON NEW ENGLAND, INC., a New York corporation, having a local address of 125 High Street -- Oliver Tower, 07 Floor, Boston,MA 02110 (hereinafter referred to as the Grantees)with quitclaim covenants, the w perpetual right and easement to construct, reconstruct, repair, maintain, operate and patrol, for the transmission of high and low voltage electric current and for the transmission of intelligence and telephone use,lines to consist of,but not limited to,two (2)poles, (which may be erected at , different times) with wires and cables installed thereon, and all necessary foundations, anchors, vguys, braces,fittings, equipment and appurtenances(hereinafter referred to as the "OVERHEAD SYSTEM") over, across, under and upon the Grantor's land in North Andover, Essex County, Massachusetts,to serve Grantor's property and others. Z Said "OVERHEAD SYSTEM" is to be installed on Grantor's p p�y,ra , which is located r on the southwesterly side of Main Street, to originate from Pole P.726, which is located on the southwesterly side of Main Street, then proceed in a westerly direction, over, across and upon 0 land of the Grantor to Poles P.726-1 and P.726-2, to become established by and upon the final installation thereof by the Grantees. r1 i Q e `D Also with the further perpetual right.and easement from time to time without further payment therefore to pass and repass over, across and upon said land of the Grantor as is reasonable and necessary in order to renew, replace, repair, remove, add to, maintain, operate and patrol and otherwise change said "OVERHEAD SYSTEM" and each and every part thereof and to make such other excavation or excavations as may be.]reasonably necessary in the opinion and judgment of the Grantees, their successors and assigns,,and to clear and keep cleared the s, portions and areas of the premises wherein the "OVERHEAD.SYSTEM" is specifically located !_ of such trees, shrubs,bushes,above ground and below ground structures, objects and surfaces,as may, in the opinion and judgment of the Grantees, interfere With the efficient and safe operation and maintenance of the "OVERHEAD SYSTEM". 2010-12-07-3007 Address of Grantee: After recording return to: Mass.El.,40 Sylvan Road,Waltham,Massachusetts 02451 Stephen T.Tiarks Esq. Verizon,125 High Street—Oliver Tower,07 Floor,Boston,MA 02110 National Grid Service Company,Inc. 40 Sylvan Road 05 NANDMA GEN Waltham,MA 0245I 1 It is agreed that the "OVERHEAD SYSTEM" shall reiiiain the property of the Grantees, their successors and assigns, and that the Grantees, their successors and assigns, shall pay all taxes assessed thereon. Grantor agrees that the rights and easement herein granted are for the purpose of providing service to Grantor's property and the frther right to service others from said "OVERHEAD SYSTEM". The Grantor, for itself, its successors and assigns, covenant and agrees with the Grantees, for themselves, their successors' and assigns, that this Grant of Easement and the location of the Overhead System may not h6- changed or modified without the written consent of the Grantees,their successors and assigns, Which consent may be withheld by the Grantees in their sole discretion. The rights and easement herein granted are over, across and upon a certain parcel of land being shown as Parcel 1 on the Town of North Andover Assessor's Map#58B. And further, said "OVERHEAD SYSTEM" (locations of the electrical equipment and other facilities on the hereinbefore referred to premises of the Grantor) is approximately shown on a MECO sketch entitled: "nationalgrid, Easement sketch to relocate pole 726-2 at 601 Main t St. Location of pole may vary due to field conditions. Scale: Not Drawn to Scale, Date: 04/08/2011, Drawn By: S. Soucy, Approved By. D. Marceau; Actrix Drawing Number Wk Req 9767038"a reduced copy of said sketch is attached hereto as"Exhibit A"and recorded herewith, copies of which are in the possession of the Grantor and Grantees herein,but the final definitive locations of said "OVERHEAD SYSTEM" shall become established by and upon the installation and erection thereof by the Grantees. Being the premises shown as Parcel 1 on the Town of North Andover Assessor's Map #58B. No new boundaries are created by this instrument. a EXECUTED as a sealed instrument this day of 520 j TOWN OF,NORTH ANDOVER Acting by alid through its Board of Selectmen - F By Its: Chairman TOWN OF NORTH ANDOVER Acting by and through its School Committee j By: Its: Chairman 1 i 2010-12-07-3007 The provisions of Massachusetts General Laws,Chapter 183, Section 68,are not applicable. j COMMONWEALTH OF MASSACHUSETTS County of } ss. On this the ay on Year day of ,before me, the undersigned Notary Public, Name o otary �c personally appeared proved to me through satisfactory evidence of identity, which';vas , Description o vi ence o entity to be the person whose name is signed on the preceding Grant of Easement,and acknowledged to me that he/she signed it voluntarily for its stated purpose as.Chairman of the Board of Selectmen for the TOWN OF NORTH ANDOVER, a municipal corporation. I Signature o Notary Public I i Vninted Name of otary i My Commission Expires Place Notary Seal and/or Any Stamp Above i i i } i I { 7t t i 2010-12-07-3007 The provisions of Massachusetts General Laws,Chapter 183, Section 6B,are not applicable. COMMONWEALTH OF MASSACHUSETTS County of On this the ay on � day of before me, � the undersigned Notary Public, Name ofNotary Public personally appeared , I proved to me through satisfactory evidence of identity,which was , Description of vi ence of We i to be the person whose name is signed on the preceding Grant of Easement,and acknowledged to me that he/she signed it voluntarily for its stated purpose as School Committee Chairman for the TOWN OF NORTH ANDOVER,a municipal corporation. j Signature of Notary Public Printed ame of otary I I My Commission Expires Place Notary Seal and/or Any Stamp Above y i s f i I k 3 I i I I z O- STT { x i 05 NANDMA GEN TOWN OF NORTH ANDOVER TO MASSACHUSETTS ELECTRIC COMPANY AND VERIZON NEW ENGLAND INC GRANT OF EASEMENT AFTER RECORDING RETURN TO: STEPHEN T.TIARKS ESQ. NATIONAL GRID SERVICE COMPANY,INC. 40 SYLVAN ROAD WALTHAM,MA 02451 Approved By: __-__._.._.__,,...__._._..,._......,_,,....._..,___..._. ...._._......._.__..__,.____..._-_.__._-.---.-.__,T_,_......,......., ._ .__.._.....__,_...._..,_....._,.._,..._..____..__..,,._____.__.___.......,._. ............_.---.._._..-..._-_._..__........____..�_._....._..._ . . � �� � ~� �� ' ^ ^ » ��� ��»� From: Bradshaw, Joyce Sent: Tuesday, May 17, 2011 12:40 PM To: 'Thomas J. Urbelis' Cc: Rees, Mark Subject: RE: Special Legislation? Perfect, Thanks for the he|p. From: Thomas J. Urbe/is Sent:Tuesday, May 17, 2011 12:46 PM — To: Bradshaw,Joyce � Cc: Rees, Mark Subject: RE: Special Legislation? Joyce—.—J spmkewith Ms, Campo and exp|aimed flMe siWatiom, AfterTOwwm nmeeting, the Se|ectnnen shom|d send a � |etter10 thetom/r,^s re�aresemtaUwes and senators requesting the specW |egis|a1/on and reasons for �t( we can h0p draft),-f hey then jo�ndy request the Goverirmr to Me it(otherwise we have to wa�t for the next town meeting to have the |e0s|mtimn reqmest am1holdzedL The Governor t[iensmNm[ts the |egis|abmmto the �eg�s|atune.Thatis how itvvaa done for LVnnfieWand Ms. Cannpm suggested todo �t that way here, "Fonn From: Bradshaw, Joyce Sent: Tuesday, May 17, 2011 12:19 P[� To: Thomas J. Urbe/is Subject: FW: Special Legislation? � Torn, Dmyou want to contact Joanne&rec1|V? Thanks. From: Campo,Joanne (HOU) Sent: Tuesday, May 17, 2011 12:14 PM 1o: Bradshaw, Joyce | Subject: Special Legislation? Good afternoon,Joyce, I received an email yesterday from Rep.Torrisi's legislative aide with your request for comment on a home rule | petition for the town of North Andover to validate any actions taken at the June 7, 2Ol1 continuing TK4 Could you kindly explain the need for the request? ' You cited the Lynnfie|d special legislation, but that legislation was necessary because the town did not comply with the � requisite posting requirements for the article that amended the town charter, and necessitated a vote by the town electorate. In other words,special legislation would be necessary to "ratify,validate and confirm"an action taken by the town atTIVI, because there was on error made by the town regarding a specific requirement in the posting, notice � vvarrantarticle,or something of that nature. |s there sonneprob|ennthat needs toberectiOed through special ~ legislation? Thank you, � Joanne F. Campo, Esq.� Associate House Counsel Office qf the Counsel to the House ofRepresentatives State House,Room 139 Boston, Massachusetts 0J133 617'732'2360 1 a I TOWN OF NORTH ANDOVER,MASSACHUSETTS OFFICE OF Information Technology 120 MAIN STREET,01845 NORTH q 0 4t LED I64 'YO I. 6 OL 0 t if �O Y w 4y 1. WP�RQDRATED�' �SSACHUS�� Matthew Killen, Telephone(978)688-9539 Director mkillen a townofirorthandover.com Memorandum To: Mark Rees From: Matthew Killen Date: 6/14/11 re: receipt of funds from Verizon I am pleased to inform you that the Town has received $74,000 from Verizon, Inc.,pursuant to the terms and schedule specified in the Cable Television Final License granted by the Board of Selectmen in June, 2008 (the applicable section of the License is attached for your review). Under the terms of the License,these capital funds are provided to support the institutional network, network facilities, or other functionally equivalent purposes. I respectfully request these funds be accepted and deposited into the existing account created for this purpose in September, 2008. Thank you for your consideration of this request, and please let me know if I may provide any additional information. 5.2. PEG Grant and PEG Access Support: 5.2.1. The Licensee will provide grants to the Issuing Authority and its access corporation designee(s), as set forth further below, to be used for the support of the production of local PEG programming or any Institutional Network or cable-related facilities and equipment within the Town ("PEG Grant"). For purposes of this License, the Issuing Authority's access corporation designee shall not include the incumbent cable operator. As determined by the Issuing Authority, such PEG Grant shall be used by the Issuing Authority or its access designee(s) for public, educational or governmental access equipment, including, but not limited to studio and portable production equipment, editing equipment and program playback equipment, for renovation of public, educational or governmental access facilities, or for equipment to facilitate transmission of public, educational or governmental access programming and other services over network facilities or functionally equivalent purposes and for Issuing Authority implementation of the foregoing in accordance herewith and in accordance with all applicable laws and regulations. The PEG Grant provided by Licensee hereunder shall be Four Hundred Forty Six Thousand Dollars ($446,000), payable as follows: (i) One Hundred Forty Eight Thousand Dollars ($148,000) within ninety (90) days of the Effective Date, (ii) One Hundred Forty Eight Thousand Dollars ($148,000) on or before the third (3'•d) anniversary of the Effective Date, and (iii) One Hundred Fifty Thousand Dollars ($150,000) on or before the sixth (6th) anniversary of the Effective Date. One half of each of the above three payments shall be paid to the Town for Institutional Network or other network facilities or functionally equivalent purposes; and one half of each of the above payments shall be paid to the Town's access corporation designee, currently North Andover Community Access and Media, Inc., subject to Section 13.14 below. • I,