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2025-10-07 Application LSPR
i PLANNING DEPARTMENT Community& Economic Development Division Application for Limited SiteIReview This application,completed and signed with original signature(s)shall be submitted with 3 copies of the application,narrative,site plan, 1 full-size prints(24"x 36")and 2 reduced size(11" x 1711) showing all requested information, 1 full size(24" x 36")and 2 reduced size(I I"x 17")set of elevations and floor plans for any proposed structure(s), 1 stormwater management report,if applicable,a certified abutters list,and a pdf version of the application package. Please type or print or type clearly. 1.Petitioner: Marble Ridge Farm LLC(d/b/a Marble Ridge Winery) Petitioner's Address: 11 Marbleridge Road,North Andover,MA 01845 Telephone number: 804-801-4114 2.Owners of the Land: Marble Ridge LLC Address: 11 Marbleridge Road,North Andover,MA 01845 Number of years of ownership: 342 consecutive years within the same family since 1680 3.Year lot was created: 1680 4.Application is herby made for Limited Site Plan Review for certain uses protected by the provisions of MGL Chapter 40A Section 3(circle all that apply) a) Religious Use b) Educational Use c) Child Care Facilities d) Accessory Dwelling Unit(ADU) e Other Evidence of the Building Commissioner's written determination of whether the provisions of M.G.L. c. 40A, Section 3,are applicable shall be attached to this application. This determination as to whether the Dover Uses applies to a particular proposed use will be made solely by the Building Commissioner. 5.Description of Proposed Project: Please see attached narrative. Page 1 of 120 Main Street North Andover, Massachusetts 01845 Phone: 978.688.9535 Fax: 978.688.9542 Web: w .rg,1har)dovekw7m,,,ggy 6.Description of Premises: 5.01 Acre Farm with House,Barns,Guesthouses,Outbuildings,and Vineyard 7.Address of Property Being Affected: 11 Marbleridge Road&Great Pond Road,North Andover,MA 01845 Zoning District Assessors Map: 037.0 Lot#: 0011 and 0056 Registry of Deeds: Book#: 17990 Page#: 326 8.Existing Lot: Lot Area(Sq.Ft): Building Height: Street Frontage: — Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9.Proposed Lot(if applicable): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: II.,Existing Building(if applicable): Ground Floor(Sq.Ft.): 1,250 #of Floors: 4 Total Sq.Ft.: Height: Use: Ground Floor Only-Tasting Room&Events Type of Construction: 12.Proposed Building: Ground Floor(Sq.Ft.): #of Floors: Total Sq.Ft. Height: Use: Type of Construction: 13.Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so,when and for what type of construction? 2001,new construction home 14.Section of Zoning Bylaw that Limited Site Plan Review Is Being Requested 195-8.17.1 Page 2 of 6 120 Main Street North Andover, Massachusetts 01845 Phone: 978.688.9535 Fax: 978.688,9542 Web: wwwjigjhandovenna.g2j� 15. Describe in terms of any other units of measurement the use of occupancy of the building(s) such as maximum seating capacity,number of employees,number of tables,etc.... 16.Effect of the project on public services,such as water,sewer,schools,police,fire,waste disposal, and recreational facilities. 17.Estimated traffic flow within the site: AM Peak 25 PM Peak 25 18. Estimated traffic flow on streets adjacent to the site: AM Peak 500 PM Peak 500 19.Please list title of plans and documents you will be attaching to this application._ Project Description, Plot Plan, Recorded Survey, Parking Plan, Floor Plan, Building Permit, Temporary Certificate of Occupancy, and Information re: 17.D.a.-s. OMIS Application. 17. Information Required for Limited Site Plan Review A. Limited Site Plan Review form,along with any fees as may be set; B. Drawings prepared at a scale of one inch equals 40 feet or larger,or at a scale as approved in advance by the Town Planner.Revised plans shall contain a notation listing and describing all revisions,additions,and deletions made to the originally submitted plans and the date of each. C. All site plans shall be prepared by a certified architect,landscape architect,and/or a civil engineer registered in the Commonwealth of Massachusetts.All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts.All stormwater management plans and drainage calculations must be submitted with the stamp and signature of a professional engineer(PE)licensed to conduct such work in the Commonwealth of Massachusetts. D. The following information must be submitted along with the application: a. North arrow/location map.A North arrow and a location map showing surrounding roadways and land uses adjacent to the site at a scale of one inch equals 1,500 feet.The location map should show at least one intersection of two existing Town roadways. b. Survey of lot/parcel.A boundary survey conforming to the requirements of the Essex County Registry of Deeds Office.The survey shall be dated and include any revision made to the survey or site plan.Any change in the survey shall be recorded before site plan approval may be granted. c. Name/Description of project.The name of the development and the names,addresses and telephone numbers of the project listing tenants,land uses,development phases,or other pertinent information necessary to evaluate the proposed development plan. d. Easements/Legal conditions. Identification of easement(s)or legal encumbrances that are related to the site's physical development,and a listing of any condition(s)placed upon the site by the Board of Appeals,Planning Board,Conservation Commission,or any public body or agency with the authority to place conditions on the site's Page 3 of 6 120 Main Street North Andover, Massachusetts 01845 Phone: 978.688,9535 Fax: 978.688,9542 Web: www noilhandoverrnax development. e. Topography.The present and proposed topography of the site,utilizing two-foot contour intervals.Existing topography 50 feet beyond the perimeter of the parcel as it appears on the most current Town of North Andover topographic mapping shall also be shown. f Zoning information.All applicable Zoning Bylaw information shall be provided regarding the site's development.This information shall be placed in a table and list all parking,setbacks,percent of lot coverage,floor area ratio,number of dwelling units, total amount of square feet,size of signs and any other applicable zoning information necessary for the proper review of the site plan by the Town Planner and Planning Board. g. Drainage area map.A drainage area map showing pre-and post-construction watersheds,subwatersheds and stormwater flow paths,including municipal drainage system flows. h. Stormwater management plan.All applications for site plan review shall include the submittal of a stormwater management plan prepared in accordance with the latest version of the Massachusetts Stormwater Handbook and additional criteria established herein and demonstrating full compliance with the Massachusetts Stormwater Standards and the North Andover Stormwater Management and Erosion Control Regulations promulgated under Chapter 165 of the Town Bylaws(Stormwater Management and Erosion Control Bylaw). i. Building location.Identification of all existing and proposed structures located on the site.The number of stories,overall height in feet and gross floor area in square feet of all structures shall be indicated. j. Building elevation.A drawing of the exterior of the building,as viewed from the front (street view),must be submitted.The Planning Board may request side and rear views if relevant to the Board's review.This drawing must be at least eight inches by 11 inches in size. k. Location of parking/walkways.Identification of the location of all existing and proposed parking and walkway areas,including curb cuts that will be used to access the site from adjacent roadways,or access points. 1. Location of wetlands;notice of intent.All resource areas as defined in MGL c. 131, § 40,and/or the Town of North Andover Wetland Protection Bylaw(Chapter 190),shall be shown on the site plan. If applicable,the applicant shall file a notice of intent with NACC concurrently with the application to the Planning Board for Limited Site Plan Review. in. Location of roadways/drives.Identification of all rights-of-way and driveways, including the type of curb and gutter to be used,and their dimensions.Distances to all the nearest roadways and/or curb cuts shall be shown for both sides of any street which is adjacent to the site. n. Outdoor storage/display areas. Identification of the location and type of outdoor storage and display areas on the site. o. Landscaping plan.The general outline of existing vegetation,wooded areas,significant trees,unique species and/or tree clusters and the extent of all vegetation,wooded areas, significant mature trees(>12 inches DBH),unique species and/or tree clusters to be removed and identification of the location and landscape schedule of all perimeter and interior landscaping,including but not limited to proposed paving materials for walkways,fences,stone walls and all planting materials to be placed on the site.Any landscaping required by the Town bylaws shall be indicated on the site plan in tabular Page 4 of 6 120 Main Street North Andover, Massachusetts 01845 Phone: 978.688,9535 Fax: 978,688.9542 Web: www.nuilhandovegna,g form showing the amount required and the amount provided. p. Refuse areas.Identification of the location of each outdoor refuse storage area, including the method of storage and screening.All refuse areas must be fully enclosed. q. Lighting facilities.Identification of the proposed illumination, indicating the direction and the degree of illumination offered by the proposed lighting facilities,including an example of the light fixture to be used. r. Commonwealth review.Any information required and submitted to any agency of the commonwealth shall be filed with the Planning Board upon the initial submission of the project for Board review. s. Utilities.All utilities, including water line locations,sewer line locations and profiles, and storm drainage systems. E. Application specific to Detached Accessory Dwelling Units: • The application limited site plan review for approval of an ADU or an application for a special permit and/or waiver for an ADU shall include a site plan,the floor plan of the principal dwelling,and a floor plan of the proposed ADU. • When the creation of an ADU requires the alteration of the exterior of a structure,the application shall include elevation plans showing the sides of the building affected by the construction both prior to and after completion of construction. • The site plan shall,at a minimum,show the footprint of the existing dwellings and structures, the location of parking and driveways demonstrating that parking is sufficient for all users, the gross floor area in square feet of the principal dwelling,the gross floor area in square feet of the ADU,and the location and design of all ingress and egress to/from the ADU. The site plan must be prepared and stamped by a registered land surveyor. F. If a waiver request for is sought for information required pursuant to 17.D.a through s the applicant shall request the waiver in writing and may be required to submit supporting information. The Planning Board may grant a waiver from these submittal requirements if it finds that such information is not needed for a thorough review of the application. 18. For new construction,a description of erosion and sedimentation control measures,including the location and specifications of temporary and permanent measures and a schedule of operations indication the starting and completion dates for each phase of construction shall accompany the plan. 19.Petitioner and Landowner signature(s): Every Application for Limited Site Plan Review shall be made on this form,which is the official form of the Planning Board.Every application shall be filed with the Town Clerk's office.It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility.The petitioner shall be responsible for all expenses for filing and legal notification.Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incomplete. Page 5 of 6 120 Main Street North Andover, Massachusetts 01845 Phone: 978.688,9535 Fax: 978.688.9542 Web: www.not-�andoverrna,fM 12U Main Street North Andova[ Massachusetts 01845 PAUL HUTCHINS BUILDING COMMISSIONER • Town Hall 120 Main Street North Andover, MA August 26, 2025 Francis A. DiLuna, Esq. Smolak&Vaughan 120 Water Street, Suite 401 (East Mill) North Andover, MA 01845 c/o Marble Ridge Farm LLC 11 Marbleridge Road North Andover, MA 01845 RE: MARBLE RIDGE FARM / MGL c.40A, §3 (Dover Amendment) Dear Attorney DiLuna: This letter serves as a determination by me, as Building Commissioner of North Andover regarding the applicability of the Dover Amendment (M.G.L. c. 40A, §3) to your proposed project at the above-referenced property. I have reviewed a "Memorandum Regarding Marble Ridge Winery" (Memo) and all its attachments submitted on July 28, 2025. According to the Memo: Marble Ridge Winery operates on a 5.35-acre farm parcel in North Andover's R-1 zoning district. "The farm parcel has been owned by the Leland family and its ancestors for 342 years. It presently consists of a newer main home built in 2004 that houses the winery operations in the basement and where the owner lives, and several barns ana"outbuildings that date back to the 1700 and 1800's. . . The non-residential buildings primarily'serve the farming operations. Approximately 1 acre is currently planted with 198 grape vines, and additional plantings are scheduled for next spring." According to your Memo, from August through November, the sale of Marble Ridge wine exceeds the 25% required under MGL c.40A, §3. In addition to reviewing the Memo submission, I have visited the site on several occasions for the purpose of inspections. Summary of Findings: Based on my review, I find the proposed primary use of the property (winery) by Marble Ridge Farm LLC is protected under the Dover Amendment for the following reasons: • Marble Ridge Farm LLC is a recognized farm as defined by M.GL c. 40A, § 3. • Primary and Dominant Use of the Property is growing grapes, harvesting grapes, and the production of wine. Accordingly, such use is consistent with the goals of MGL, c.40A, §3. • There are also, however, proposed accessory uses to the winery: bridal showers, wedding showers, rehearsal dinners, and overnight guest house rentals. While the Dover Amendment clearly applies to farming, and likely applies to some or all of these accessory uses, that is an argument to be made by the applicant to the Planning Board. Limitations: My findings and application of the Dover Amendment are not absolute. I specifically reserve the right to amend my determination based on the following: • additional information presented during the course of the public hearing that I had not previously considered; • that the project remains subject to reasonable regulations concerning the bulk and height of structures, and determining yard sizes, lot area, setbacks, open space, parking, and building coverage requirements; • the project must also comply with all other applicable state building codes and any local regulations determined to be reasonable; • that the project be processed according to the limited site plan review process applicable to Dover Amendment uses in North Andover's zoning by-laws; Conclusion of Determination: Pursuant to MGL c. 40A, § 3, the proposed project is exempt from local zoning bylaws that would otherwise may prohibit, regulate, or restrict its use. As such, the petitioner's application may proceed under a limited site plan review. This determination may be appealed to the local Zoning Board of Appeals by an aggrieved party within 30 days of the filing of this letter. SincereI Pau Flutchins, Building Commissioner 2 Dear �Oer-nbers of the Hanning Board,, Marbae Ridge Farm is the oHest[ existing farm in North Andover dating bar, to h �ate 1600s. The farm has been continuously he-H by my, re�atives - Brkdiges, Stevens, and Lenands. OriginaHy,, Marble Ridge Farm consisted of over SOO acres '11111- 4A-1- F to the Nor-h Andover Countr y Oub an d served as one of ot-ir U L H k-J i d Ce nte I j s �,dliadrry frarms. Ctirrenfly,, the property consists of over 5 acres with -udu�Fs ,&ihere my fa rnfly has he�d construction/contracting ano,,y c-irqma� barn SEV L JI I i busines.ses and renta�s that have ODerated for the past 40 years. In 2020, we -tart L a -s ed trans'Fdoning the property back into a working farm as a farm viri-yard and win�-ry-- to lean into +the property's histonc roots, conserve ','and and new-;ozJmces? and create r, asset for ouir srrnai' �New En&nd connrnUn�fv, l Hve on the farm with ring famHy and extended famHy, We want ou,-rFarnkr,,., winery to remain small and boutique. We are intentionaHy operating oLy,.,,r farm w�nery in a way that ensures that- the property remains peaceful for r-ny famHy as ,I%,,eH C�s otur sur-I MHng neighchors, �n addition, the farnHy's again to ensure that ouir `-,o� struct oin 'contract in�g businesses have n-ioved out proper.-tv �RS cjpuiet and fitss in with oiur neilighborhood. This end means a lot to me — it teft 'the story of my lfarnHy, our town, anc-, even ii�' ear fit' Arrierican Inistory. We've had the chance to coH.aboratrle wiUh, p 0 C organ�5zations like -,,,-he Stevens Es"tate, the North Andover Pv/�erchanfts Assoc.,-,,`-'onl L- � - rOUn'ry Oub, the S-tevens- the � Hstorica� Society` the Farmers Pvlarke'r,, the '- il . L - � Coohdge House & Gardens, and many more. My hope is to cod nsae building on t- -14-ie a �asting resource for the conrwnunitv,i a,t l e g a,,,.---y an d 4,�rM�� L T �'arn 1, -'r 1--1 11 Vu--U So much for your time and suipport �ook forward to continuing to 11111,11 0 V,K VIIII R I -1)10 LA, Best Regards. El bridge "Bria" LOand H Project Background and Description: This Limited Site Plan Review application is being submitted at the request of the Town of North Andover in conjunction with proof of compliance with the Dover Act as part of our Pouring Permit issuance that was unanimously approved by the Select Board on June 2 and subsequently approved by the State's licensing commission. To meet the Town's Bylaw for oversight of the Dover Act, the Town has allowed us to operated with limited operations through a Temporary Certificate of Occupancy with conditions including this application being submitted within 10 days of receipt. Given this limited timeframe and the fact that there are no site alterations being requested, we have included existing plot plan and recorded plans that do not show material change from the current condition. In addition,the Town has not yet provided us with written determination of our compliance with the Dover Act, which we've been told is forthcoming within the next couple of days. Marble Ridge Winery operates on a 5.01-acre farm parcel owned by Marble Ridge LLC (formally The Kingfish Trust) located within North Andover's R-2 zoning district. The farm has been owned by the Leland family and its ancestors for 342 years since 1680. It presently consists of a newer main home built in 2004 that houses the winery operations in the basement and where the owner lives, and several barns and outbuildings that date back to the 1700 and 1800s according to the North Andover Historical Society. The non-residential buildings primarily serve the farming operations. On the ground level of the main barn is a 1,250 square foot tasting room and private event space. There exists three rental units on the winery parcel: Studio Guest House, Bungalow Guest House and Ice House Farm House. According to the North Andover Assessors Office data, each structure existed prior to 1900. Sometime in 2021 and thereafter cosmetic improvements were made to the interior of the units and they were advertised as guesthouses at the winery. These rental units are covered under the Dover Act and are not ADUs. Approximately 1 acre is currently planted with 198 grape vines. The grapes are processed into wine on-site. After destemming, crushing, pressing, fermentation and clarification,the wine is bottled, corked, labeled, and packaged on-site. The production of wine is managed by the owner and winemaker, Elbridge "Brig"Leland II, who is a member of the Massachusetts Farm Wineries and Growers Association and has been trained by World-Class Winemaking Professor and Advisor, Frank Renaldi. Marble Ridge Winery is approved by the U.S. Department of the Treasury—Alcohol and Tobacco Tax and Trade Bureau("TTB"),the Federal entity that regulates the production of wine, as well as the Commonwealth of Massachusetts' Office of the State Treasurer Alcoholic Beverages Control Commission("ABCC"), the State entity that authorizes the production and sale of wine. In addition, Marble Ridge Winery is a registered farm with the United States Department of Agriculture ("USDA"). The USDA's Natural Resources Conservation Service ("NRCS") issued the farm a Conservation Plan and determined that the farm practices exceed their recommendations based on numerous on-site visits evaluating the farm's resources and management practices. Information re: 17.D.a.-s. of this Application 17.D.a. Please see attached Plot Plan and Recorded Survey 17.D.b. Please see attached Plot Plan and Recorded Survey 17.D.c. Please see attached Project Description 17.D.d. Please see attached Title Summary Report 17.D.e. Waiver request due to limitations of existing plans and no site alterations. 17.D.f. Per Director of Planning, please refer to Article 8, Part 3, 195-8.17.1. 17.D.g. Waiver request due to limitation of existing plans and no site alterations. 17.D.h. Waiver request due to limitation of existing plans and no site alterations. 17.D.i. Please see attached Plot Plan, Recorded Survey, and Floor Plans 17.D.j. Waiver request due to limitation of existing plans and no site alterations. 17.D.k. Please see attached Parking Plan. 17.D.1. Please see attached Wetlands Map and 200 Foot Riverfront Area Map. 17.D.m. Please see attached Plot Plan and Recorded Survey 17.D.n. Waiver request due to no site alterations. 17.D.o. Waiver request due to no site alterations. 17.D.p. Enclosed Trash and Recycling already approved by Board of Health 17.D.q. Pre-existing Downlighting and Pathway Lighting along driveway and pathways 17.D.r. There are no related project submissions. 17.D.s. Waiver request due to limitation of existing plans and no site alterations. NEW ENGLAND LAND SURVEY MORTGAGE INSPECTION PLAN PROFESSIONAL LAND SURVEYORS NAME MARBLE RIDGE LLC 0 / 710 MAIN STREET LOCATION 11 MARBLERIDGE ROAD w NORTH OXFORD,MA 01537 c:o NORTH ANDOVER, MA PHONE : ( 508 ) 987 - 0025 FAX : ( 508 ) 4 3 8 — 6 6 0 4 SCALE 1"=200' DATE 05/20/24 CERTIFY TO: LOWELL FIVE BASED UPON DOCUMENTATION PROVIDED BY THE CLIENT,REQUIRED MEASUREMENTS WERE MADE OF THE FRONTAGE AND BUILDING N PLAN.IN OUR JUDGMENTALLV(ISS)SHOWNON THIS MORTGAGE NORTHERN ESSEX EASEMENTS ARE SHOWN AND TOHE EARE NO VIOLATIONS OF ZONINIBLG �H OF MASs9 REGISTRY: REQUIREMENTS REGARDING DWELLING STRUCTURES TO PROPERTY LINECyG DEED REFERENCE: P/0 17656/255 OFFSETS(UNLESS OTHERWISE NOTED IN DRAWING BELOW). O GEORGE J NOTE:NOT DEFINED ARE ABOVEGROUND POOLS,DRIVEWAYS,OR SHEDS �� EDWARD 12505&12683 WITH NO FOUNDATIONS.THIS IS A MORTGAGE INSPECTION PLAN;NOTAN c�� SMITH III c' PLAN REFERENCE: INSTRUMENT SURVEY.DO NOT USE TO ERECT FENCES,OTHER BOUNDARY STRUCTURES,OR TO PLANT SHRUBS.THIS PLAN IS BASED NO. 3 8 UPON CLIENT FURNISHED INFORMATION AND MAY BE SUBJECT TO p WE CERTIFY THAT THE BUILDING(S)ARE NOT WITHIN THE SPECIAL FURTHER EASEMENTS, MAY OR MAY NOT REVEAL ENCROACHMENTS OVERLAPS,CONFLICTS RIGHTS OF WAYAND OUT-SALES.THIS �F 9F ��O FLOOD HAZARD AREA SEE FIRM IN OUNDARY LINES,LD BE DISCLOSED BYACCURATEORTAGES IN WHICH OU DARY SURVEY.OR OTHER MATTERS WOULD LOCATION AL L 25009CO236F DTD: 07/03/2012 OF THE STRUCTURES)SHOWN HEREON IS EITHER IN COMPLIANCE WITH LOCAL ZONING FOR PROPERTY LINE OFFSET REQUIREMENTS,OR IS FLOOD HAZARD ZONE HAS BEEN DETERMINED BY SCALE AND IS NOT EXEMPT FROM VIOLATION ENFORCEMENT ACTION UNDER MASS.G.L.TITLE NECESSARILY ACCURATE.UNTIL DEFINITIVE PLANS ARE ISSUED BY VII.CHAP.40A,SEC.7,UNLESS OTHERWISE NOTED.THIS CERTIFICATION IS NON-TRANSFERABLE.THE ABOVE CERTIFICATIONS ARE MADE WITH THE HUDAND/OR A VERTICAL CONTROL SURVEY IS PERFORMED,PRECISE PROVISION THAT THE INFORMATION PROVIDED IS ACCURATE. POND ROAD ELEVATIONS CANNOT BE DETERMINED. GREAT 19,c�' 19.62' L=55.27' 12.3.38'S' R=43.56' 8396349 �• 3 19.98'71.44'30.27' 75.30' 81.09'39.4 36,�g,Ory 10.05, , I i P/O LOT A2 s `_ a O WaaHT OF WAY CD ED O 2p399 u W 4j I 21415 3 /J 6� c ri 0 102,4472 SF± Z PROPOSED 30'WIDE DRIVEWAY&UTILITY EASEMENT � � o o d o N a0• 'CONFIGURATION OF LOT IS COMPILED FROM DEED& ASSESSOR MAP INFORMATION.A TITLE SEARCH A`O AND/OR AN INSTRUMENT SURVEY IS RECOMMENDED. y9 'SEE PLAN#12482 FOR PROPOSED 30'WIDE DRIVEWAY AND UTILITY EASEMENT. REQUESTED BY:PETER J RADULSKI 0' 100, 200' 300' 400' 600' DRAWN BY:CSA FIELD BY:AB CHECKED BY:GES FILE:24MIP04730 SCALE:1"=200' SITE PLAN Taken From Registry Plan#12682 (not to scale) �P � m N n rv• "p tiff 1 9 t I i � c h �h, c� ors, J.!/"✓" Y n Y Lgr3 PROPERTY Q r w. 'i 1 rr✓ '„�'-i; 26 sshGV 3'arlppNb`Hle)'tJN ©�y((�Lf --_ __ y ' 1 O i i f R ' r4 r lr/207 i, r t s ti s 1OT 1 r '1 4,` 4S f Vr ? T7)07 CT � V� Y r From: Kevin J. Sullivan,Esquire To: Peter J.Radulski,Esquire 108 Millpond 112 Middle Street, 2nd Floor North Andover,MA 01845 Lowell,MA 01852 kevinjs@comcast.net 978-975-5268 May 3,2024 Title Report Property Address: 11 Marbleridge Road,North Andover,MA Owner: Elbridge C .Leland,Trustee of The Kingfish Trust Deed from:Elbridge C.Leland,11 Dated: 12/22/22 Bk/pg: 17656/255 (p. 82) See also Deed from:Elbridge C .Leland,Trustee of The Kingfish Trust to Elbridge C.Leland, II Dated:4/29/22 Bk/pg: 17430/145 (p. 74) The description in the Deeds in Bk/pg: 17430/145 and in Bk/pg: 17656/255 are incomplete. They do not reflect the fact that an 84 s.f parcel had been conveyed previously,thus reducing the size of the prior locus by 84 s.f. Any new Deed must be reviewed in order to correct that omission. See Deed of Parcel A(84 s.f)shown on Plan# 12683 (p.Plan 15)from Elbridge C.Leland and Edmund P. Leland,III, Trustees of the Kingfish Trust to Thomas D.Laudani,Trustee of Ridgeway Realty Trust,Deed dated: 7/8/95 in Bk/pg: 4339/246 (p. 59). See Deed and Bill of Sale(regarding the building and fixtures on the property)from Elbridge C.Leland and Sandra M.Leland to Elbridge C.Leland,II. The fixtures and building had been on the property when the premises was subject to a Ground Lease which was later Terminated. See Deed and Bill of Sale dated: 4/29/22 in Bk/pg: 17430/147(p. 76). See also Confirmatory Deed from Thomas D.Laudani,Trustee of the Summer Street Realty Trust to Edmund F.Leland,III and Elbridge C.Leland,Trustees of the Kingfish Trust. Deed dated: 12/7/94 in Bk/pg: 4178/197(p.46). See Deed from Thomas D.Laudani,Trustee of Summer Street Realty Trust to Edmund F. Leland,III and Elbridge C.Leland,Trustees of The Kingfish Realty Trust(wrong!). Deed dated: 10/13/94 in Bk/pg: 4145/324(p.41). Note: The Confirmatory Deed was recorded to correct the name of The Kingfish Trust(correct)which had been referred to as The Kingfish Realty Trust,which is wrong! See also Deed from Edmund F. Leland,III to Thomas D.Laudani,Trustee of the Summer Street Realty Trust. Deed dated: 10/13/94 in Bk/pg: 4145/313 (p. 34). See also Deed from Edmund F.Leland,Jr. and Lucille C.Leland to Edmund F.Leland,III dated: 1/3/76 in Bk/pg: 1275/151 (p. 12). Our locus comes from the First and Fifth parcels described in this Deed. Note 1: The transactions between the Lelands and Laudani involved the transfer of Lot A in exchange for Lots 1 —> 5 all as shown on Plan# 12481 (p.Plan 12). Note 2: Our locus is described as Lot A(218,672 s.f./5.02 acres)shown on Plan# 12481 (p.Plan 12). Note 3: Lot A includes a Right of Way area containing 8,749 s.f. Title Report: 11 Marbleridge Road,North Andover,MA Page 2 Note 4: Besides the right of way,there is also a 30 wide driveway and Utility Easement across Lot A for the benefit of Lots 3,4& 5 shown on Plan# 12482(p.Plan 13). Note 5: There is a subsequent Plan which shows Lot A being subdivided into Lot Al and A2. See Plan# 12505 (p. Plan 14). Note 6: The 84 s.f.parcel that was conveyed to the Trustee of Ridgeway Realty Trust,but which is not mentioned in the recent Deed is shown on Plan# 12683 (p.Plan 15). Note 7: Lot A and Lots l —5 shown on Plan# 12481 fit within the area shown on earlier Plans as Lot lA and 1B on Plan#7352(p.Plan 8)and as Lot 1 and Lot 2 on Plan# 12246(p. Plan 11). Note 8: You have provided us with the full title report prepared by Keith Hersey on 5/27/22. We have relied on much of it as we prepared our report. We did however,rerun all of the grantor sheets from 1951 to the present. (See Grantor sheets p. G-1 -+G-16). Note 9: The premises has been in the Leland family since the early 1900's.Eliza S.Leland acquired several parcels in 1908, 1933 and 1934,portions of which became known as Marbleridge Farm. In 1934 Eliza conveyed her property to herself and her husband,Edmund F.Leland, as tenants by the entirety through Sarah Hill, a straw. See Deeds in Bk/pg: 596/49(p. D-14)and Bk/pg: 596/52(p.D-17). Eliza died on 11/14/49. Note 10: 1 have provided you with the Deeds from the Leland's first ownership in 1908 (p.D-1 — D-20) as well as the Grantor Index sheets from 1869—1955 that include Eliza S.Leland and Edmund F.Leland. (See p. G-1 —G-16)However,I have begun my title search with the Deed from Edmund F.Leland to Edmund F. Leland, Jr. and Lucille C.Leland dated: 7/18/51 in Bk/pg: 752/570 (p. 8). Note 11: The premises is owned by the Trustees of The Kingfish Trust under a Declaration of Trust dated: 10/13/94 in Bk/pg: 4145/305 (p. 33). The original Trustees were Edmund F. Leland,III and Elbridge C. Leland. Edmund F.Leland,III resigned as Trustee in a Certificate dated:4/19/05 in Bk/pg: 9610/222 (p. 67). Elbridge C.Leland resigned and Elbridge C.Leland,II and Lancing Leland were appointed as Co-Trustees in a Trustee Certificate dated: 12/21/22 in Bk/pg: 17656/257 (p. 84). Lancing Leland accepted his appointment in a Certificate dated: 12/21/22 in Bk/pg: 17656/258 (p. 85). Elbridge C.Leland,II accepted his appointment in a Certificate dated: 12/21/22 in Bk/pg: 17656/259(p. 86). Under the terms of the Trust,the Trustees have exclusive management and control and full and absolute power to act regarding real or personal property owned by the Trust. You will need a Trustees' Certificate setting forth the Trustees' capacity and authority for your closing. Note 12: The current Deed ONLY lists Elbridge C.Leland as the Trustee of The Kingfish Trust. However, the record indicates that both Elbridge C.Leland and Lancing Leland are Trustees. Note 13: The Trust is to terminate when the youngest of the children of Elbridge C.Leland,II turns 40 years old. You will have to check on that to make sure that the Trust has not terminated. Note 14: Edmund F.Leland,Jr. died on 2/27/77. See Death Certificate in Bk/pg: 4145/300(p. 32). Note 15: Lucille Leland died on 12/2/89. See Death Certificate in Bk/pg: 4145/301 (p. 32A). Title Report: 11 Marbleridge Road,North Andover,MA Page 3 Encumbrances 1. MORTGAGES: a) Private Mortgage from Elbridge C.Leland,II and Lancing Leland,Trustees of The Kingfish Trust to Elbridge C.Leland Dated: 12/22/22 Amt: $1,300,000.00 Bk/pg: 17656/260 (p. 87) 2. HOMESTEAD: a) Declaration of Homestead by Elbridge C.Leland,II Dated: 4/29/22 Bk/pg: 17435/306 (p. 81) Note: Homestead rights must be released in the new Deed out. 3. TAX LIENS OR TAX TAKINGS/ATTACHMENTS/JUDGMENTS: None 3A. LEASES a) Our locus had been subject to a Lease between Elbridge C.Leland,Trustee of The Kingfish Trust and Elbridge C.Leland and Sandra M.Leland Dated: 4/29/22 Bk/pg: 17430/140(p. 69) Note l: The term of the Lease was for 99 years. Note 2: The Lease was terminated on 4/29/22 in Bk/pg: 17435/303 (p. 78). You might ask why? 4. EASEMENTS/RIGHTS OF WAY: a) Easement from Edmund P.Leland III to the Town of North Andover for construction and management of sanitary sewers Dated: 1/7/80 Bk/pg: 1469/86 (p.20A) See Plan# 8511 (p.Plan 9) b) There had been a sewerage line easement in favor of Marbleridge Development Corporation Dated: 5/18/84 Bk/pg: 1811/10 (p.20B) See Plan#9458 (p.Plan 10) Note: This easement was later terminated by the documents dated: 12/30/94 in Bk/pg: 4193/199(p. 47A) and dated: 12/14/94& 12/15/94 in Bk/pg: 4193/200 (p.47B). c) There was an Easement in favor of the Town of North Andover for a 20'wide right of way from Great Pond Road to Lake Cochichewick Dated: 4/23/90 Bk/pg: 3106/83 (p. 20C) See Plan#2996 (p.Plan 5) Note: This easement is across Great Pond Road from our locus,and I could not tell whether this right of way benefits our locus. I suspect that it does not. d) Subject to an Access and Utility and Driveway Easement to Thomas D.Laudani,Trustee of the Ridgeway Realty Trust for the benefit of Lots 3,4& 5 Dated: 10/13/94 Bk/pg:4146/41 (p. 42) See Right of Way Area 8,749 s.f. shown on Plan# 12481 (p.Plan 12)and Plan# 12482(p.Plan 13) • As Amended to correct the Grantor's name Dated: 12/7/94 Bk/pg: 4178/195 (p. 44) • As Amended to establish obligations and to limit parking Dated: 8/10/95 Bk/pg: 4339/234(p. 55) Title Report: 11 Marbleridge Road,North Andover,MA Page 4 EASEMENTS/RIGHTS OF WAY,Cont'd: e) Common Scheme Restrictions and Driveway Easement established by Thomas D. Laudani,Trustee of Ridgeway Realty Trust for the benefit of Lots 3,4& 5 shown on Plan# 12481 (p.Plan 12) Dated: 10/13/94 Bk/pg: 4146/43 (p. 43A) f) Subject to an Easement to New England Telephone and Telegraph Co. Dated: 1/6/95 Bk/pg: 4197/213 (p. 48) g) Subject to an Easement to Massachusetts Electric Company Dated: 12/17/94 Bk/pg:4215/141 (p. 50) h) See Easements and other matters shown on Plan# 12481 (p.Plan 12) 5. DECISIONS/ORDERS/PERMITS/VARIANCES: a) Subject to a Town of North Andover Planning Board Special Permit to allow the construction of a paved driveway Dated: 8/30/94, 6/7/94, 6/21/94&6/29/94 Bk/pg: 4145/318 (p. 35) b) Subject to a Town of North Andover Planning Board Approval of a 6-Lot Subdivision Plan with a Driveway instead of a Roadway Dated: 8/16/94 Bk/pg: 4146/21 (p.41A) c) Subject to a Town of North Andover Planning Board Special Permit to allow the construction of a 4,800 s.f. 2 story framed dwelling Dated: 10/18/01 Bk/pg: 6482/282(p. 62) 6. RESTRICTIONS/RESERVATIONS: None 7. TAKINGS: None 8. PROBATE/DIVORCE: None 9. BANKRUPTCY: Not available 10. PLANS: a) Our locus is described as Lot A(218,672 s.f.) shown on Plan# 12481 (p.Plan 12). b) An 84 s.f.triangular portion of our Lot A,shown as Parcel A on Plan# 12683 (p.Plan 15),was conveyed by The Kingfish Trust to Thomas D.Laudani,Trustee of the Ridgeway Realty Trust in a Deed dated: 9/18/95 in Bk/pg: 4339/246 (p. 59). This exception is not noted in the current Deeds. Through 5/3/24 Signed: The Tasting Room is 1,250 square feet(25' X 50') North Andover adopted the MA Building Code which follows International Building Code through 780 CMR International Building Code Table 1004.5 Specifies that: 1. Assembly with Tables and Chairs is 15 square feet per person (or 83 people in 1,250 square feet), and 2.Assembly Standing Room is 5 square feet per person (or 250 people in 1,250 square feet). We offer a mix of seating and standing (such as cocktail tables without seats)depending on the circumstances. This does not include outdoor seating and staff areas. We request guest occupancy with up to 83 seated or 99 standing within the Tasting Room. We request additional occupancy for outdoor seating. Main Entrance 35 Total Spaces in Plan.Primary Parking:12 Paved.Secondary Parking:7 Gravel.Overflow Parking:15 Grass. Personal Vehicles are Garaged.Parking Attendant is provided when using Grass Spaces. 19 52' 12 \ • 19.93' 71.4�.'30.27' 10.05' \\ CY) \\ - N_ \��i 00 yyv�e _ tD Paved Gravels Grass - LOT Al 027472 SF± PARKING DETAILS (per North Andover By-Laws) Restaurant Ratio: 1 space per 2 seats or 15 spaces per 1,000 gfa Retail Ratio: 5 spaces per 1,000 sf or 6 spaces max. per 1,000 s Date:8/11/2022 General (ad hoc) Map Client(s): ELBRIDGE LELAND II Assisted By:Jeffrey Hoodlet Location:0 Great Pond Rd., North Andover, MA 01845 USDA-NRCS Essex County, Massachusetts Westford Service Center Approximate Acres: 5.00 ESSEX CONSERVATION DISTRICT Land Units:Tract 1690, Fields 1,2 Original DEP Wetlands Map 1 .t tT ` „ " i- cu 0 167 Prepared with assistance from USDA-Natural Resources Conservation Service Feet Practice Schedule PLUS USDA USDA is an equal opportunity rovider employer,and lender as�i���Qr�lit�e Nfag�iew�r s ange Areas Map Mass. o 100 m 200 ft I 42°410&5"N, 71°05'53.9"W 42.6857,-71.0983 - TEMPQRARYI CERTIFICATE OF USE & OCCUPANCY "I OWN III � MORTH ANDOVEiR Valid for 30 days from August 15,2025 Building Permit Number: N/A Date: August 15,2025 Business use-Wine Tasting only during normal operations with an allowance to host five(5) scheduled larger events (also wine tasting only) as noted further below. No additional events should be booked until the use is fully permitted to do so. Hours of operation for both normal and operations and events:Thursday-Sunday close by 9 PM. Maximum parking 10 cars with a maximum occupancy of 20 people for normal operations; for events: Maximum parking 79 cars with a maximum occupancy of 83 people. The events(i.e.expanded operations)shall be limited to the following: • August 17,2025:Bridal Shower • September 6,2025:Wedding Shower • September 12,2025:Rehearsal Dinner Use Details: • September 19,2025:Welcome Party Allowable Load: • October 23, 2025:Rehearsal Dinner An application for limited site plan review by the Planning Board shall be submitted by August 26, 2025. An application for a request for determination of applicability (RDA) by the Conservation Commission shall be submitted by September 11, 2025: Mlp s;// dri va:,gcxxgfe^ rvvbh ,�v94u^:�: aR�ru si aii�i.Ra<.riclr,i-. box >I.om/6"ivcfIaaOders./'lWRc:ormQ_<wbr s: ylo-:"box- vlvirre:t*rder'-box 98e SL12Sv;_,u4C;it8MEoaLDi8G�il93r No expansion of the vineyard until it is determined to be in compliance with any necessary Conservation permitting. *The applicant's attorney's legal opinion is still under review by Town Counsel. THIS CERTIFIES THAT THE BUILDING LOCATED ON: 11 MARBLERIDGE ROAD MAY BE OCCUPIED AS Existing IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Marble Ridge LLC Building Inspector Q' i ❑' This is an e-permit.To learn more,scan this barcode or visit northandoverma.viewpointcloud.com/#/records/120477 -No refunds after 60 days from Issue date- n Town of North Andover No. seas$ Permit Issue Date: Apr[[ 10, 2025 BOARD OF HEALTH Food/Kitchen: PERMIT TO BUILD Septic System: BUILDING INSPECTOR THIS CERTIFIES THAT Marble Ridge LLC Excavation/Holes: has permission for the following scope of work:Addition of ADA Bathroom,Slop Sink,Service Room,Replace All Rebar: Smoke Detectors with Hardwired,Combo SmoketCO Detectors,Railing for Hallway,Dedicated Outlets for Hot Tubs,Pool Footings: Gate Locks and Closers,located at 11 MARBLERIDGE ROAD Foundation: to be occupied as Water Proofing: provided that the person(s)accepting this permit shall in every respect conform to the terms of the application on file in Rough: this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Fire Blocking: Building in the Town of North Andover. Insulation: VIOLATION of the Zoning or Building Regulations Void this Permit. Final: PLUMBING INSPECTOR PERMITEXPIRES. IN _ _- N H Rough: Final: UNLESS _ COS O RUCTION ELECTRICAL INSPECTOR Rough: Above Ceiling: Service: BUILDING INSPECTOR Final: GASINSPECTOR Code Edition: Rough: Occypancv Pernnitire to Occupy Buildin.7Final: FIRE DEPARTMENT Display in a Conspicuous Place on the Premises-Do Not Remove Burner: No Lathing or Dry Wall To Be Done Street No.: Until Inspected and Approved by the Building Inspector. Smoke Det.: This is an e-permit.To learn more,scan this barcode or visit northandoverma.viewpointcloud.com/#/records/115768 i ❑� No refunds after 60 days from issue date- • Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning .( ) TOWN OF NORTH AND 0VER ABUTTERS LIST 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 opposite on 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 tag: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." SUBJECT LOCATION OWNER ADDRESS CITY STATE ZIP 037.C-0011-0000.0 11 MARBLERIDGE ROAD MARBLE RIDGE LLC 11 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0056-0000.0 GREAT POND ROAD LELAND II,ELBRIDGE C. PO BOX 745 NORTH ANDOVER MA 01845 PARCEL ID LOCATION OWNER ADDRESS CITY STATE ZIP 037.A-0006-0000.0 254 GREAT POND ROAD FRLEL,THOMAS 254 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0006-OOOO.A GREAT POND ROAD TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER MA 01845 037.A-0010-0000.0 325 GREAT POND ROAD JMB REALTY TRUST 325 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0011-0000.0 2 MARBLERIDGE ROAD LOPEZ-ALGARRA,LUIS E 2 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0012-0000.0 16 MARBLERIDGE ROAD LAFAUCI REVOCABLE TRUST 16 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0014-0000.0 55 MARBLERIDGE ROAD BELLY JOANNA L. 55 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0030-0000.0 28 MARBLERIDGE ROAD SEIGEL,BRIAN 28 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0031-0000.0 40 MARBLERIDGE ROAD LIN LIN 40 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0032-0000.0 S2 MARBLERIDGE ROAD LAI,CLARENCE E. 52 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0053-0000.0 316 GREAT POND ROAD ANTHONY E.DESAN,MS 316 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0054-0000.0 27 MARBLERIDGE ROAD WILBUR RALPH 130 SHEPARD STREET" L.AWRENCE MA 01830 037.A-0056-0000.0 270 GREAT POND ROAD NANJE REALTY TRUST 270 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0012-0000.0 41 MARBLERIDGE ROAD LANNAN,STEPHEN,P.JR. 41 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0053-0000.0 235 GREAT POND ROAD TYLER MATTHEW AUSTIN 235 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0054-0000.0 243 GREAT POND ROAD BOYKO,STEPHEN 243 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0013-0000.0 85 MARBLERIDGE ROAD J AND B HYDE REALTY TRUST 85 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0014-0000.0 195 GREAT POND ROAD STRECKER,FLORENCE M. 195 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0016-0000.0 175 GREAT POND ROAD DOWGIALI.O,WALTER T. 175 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0051-0000.0 71 MARBLERIDGE ROAD COLLAMORE,RYAN 71 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0053-0000.0 235 GREAT POND ROAD TYLER MATTHEW AUSTIN 235 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0055-0000.0 245 GREAT POND ROAD SANI'OS JULIAN A. 245 GREAT POND ROAD NORTH ANDOVER MA 01845 THIS CERT11MMS THAT THE S APP G ON THE RECORDS OF THE ASSESSORS OFFICE AS OF 01/01/2025 DEPARTMENT ASSISTANT 8/26/2025 (,/(�ERTrFO &SIGN D BY TITLE DATE • SMOLAK & VAUGHAN : Francis A. Di�64 Esq. —-- T: 978.327-5216 i Fj.'09-327.5219 ATTORNEYS AT LAW fdiluna@smolakvat�kl�an.eom MEMORANDUM REGARDING MARBLE RIDGE WINERY From comments and inquiry of members of the North Andover Technical Review Committee during a meeting held on July 1, 2025 at the North Andover Town Hall, Marble Ridge Vineyard and Winery responds regarding the following issues: 1. Compliance with M.G.L. c, 40A§ 3 (Dover Amendment) 2. Authority to use land for agricultural purposes 3. Rental units on the winery parcel MARBLE RIDGE FARM Marble Ridge Winery operates on a 5.35-acre farm parcel owned by Marble Ridge LLC (formally The Kingfish Trust).' The farm parcel is located within North Andover's R-2 zoning district. (See Exhibit A).The farm parcel has been owned by the Leland family and its ancestors for 342 years(since 1680). It presently consists of a newer main home built in 2004 that houses the winery operations in the basement and where the owner lives,and several barns and outbuildings that date back to the 1700 and 1800s according to the North Andover Historical Society.The non-residential buildings primarily serve the farming operations. Approximately 1 acre is currently planted with 198 grape vines, and additional plantings are scheduled for next Spring. The grapes are processed into wine on-site.After destemming, crushing, pressing, fermenting, blending and clarifying , the wine is bottled, corked, labeled, and packaged on-site. The production of wine is managed by the owner and winemaker, Elbridge "Brig" Leland 11, who is a member of the Massachusetts Farm Wineries and Growers Association and has been trained by World-Class Winemaking Professor and Advisor, Frank Renaldi. Marble Ridge Winery is approved by the U.S. Department of the Treasury — Alcohol and Tobacco Tax and Trade Bureau ("TfB"), the Federal entity that regulates the production of wine( See Exhibit B), as well as the Commonwealth of Massachusetts' Office of the State Treasurer Alcoholic Beverages Control Commission ("ABCC"), the State entity that authorizes the production and sale of wine. In addition, Marble Ridge Winery is a registered farm with the United States Department of Agriculture ("USDA"). The USDA's Natural Resources Conservation Service ("NRCS") issued the farm a Conservation Plan (See Exhibit In addition to the acreage the winery's owners own, the Winery leases approximately 1 acre from abutters. (00305124;v l) File p;FD0011 ' EAST MILL,120 Water Street,Suite 401,North Andover,MA 01845 W W W.SMOLAKVAUGNAN.COM SMOLAK & VAUGHAN LLP July 25,2025 C) and determined that the farm practices exceed their recommendations based on numerous on-site visits evaluating the farm's resources and management practices. COMPLIANCE WITH M.G.L. c,40A § 3 (DOVER AMENDMENT) The provisions of M.G.L.c.40A § 3 provides in pertinent part: "No zoning ordinance or by-law shall ...prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, ...or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture ...horticulture, including those facilities for the sale of ...wine..., provided that either during the months of June,July,August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or More . or to parcels 2 acres or more if the sale of products produced from'the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquacult�re, silviculture, horticulture, floriculture or viticulture. [Emphasis added.] ;For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128...." M.G.Lc. 128 § 1A provides: 1 "Farming" or"agriculture"shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, (00305124;vl) Page 2 of 6 SMOLAK & VAUGHAN LLP July 25,2025 growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer,who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. i On the 5.35-acre parcel there exists.the vineyard where grapes are grown, a farmhouse where the processing of the wine occurs, several outbuildings inclusive of facilities where customers of the winery may stay and an old barn under where the principal tasting room exists. The harvest occurs when the grape Brix is suitable for the preferred wine, usually during the months of August through November. The farm and winery is a agritourism destination farm. (See Exhibit D). During the four months of Marble Ridge's wine grape harvest season, the on site sale of Marble Ridge's wine is 27.7%, (See Exhibit E) exceeding the 25% required amount of wine product sold pursuant to the provisions of M.G.L. c. 40A, § 3. For the purpose of M.G.L. c, 40A§ 3, if the parcel is 5 acres or more, only the production ratio is required of which the winery exceeds.2 Accordingly, Marble Ridge meets and exceeds the threshold requirements of M.G.L. c. 40A, § 3, the so-called Dover Amendment and may operate as a matter of right. AUTHORITY TO USE LAND FOR AGRICULTURAL. PURPOSES There are no specific statutes, laws or regulations in Massachusetts that outline bringing non-hydric land into agricultural use. In fact, Article XCVII (97) of the Massachusetts Constitution, in pertinent part states: "Article XLIX of the Amendments to the Constitution is hereby annulled andthe following is adopted in place thereof: -The people shall have the right to clears air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of!the agricultural [emphasis added], mineral, forest, water, air and other natural resources is hereby declared to be a public purpose. i z If the legislature had intended the minimum 5 acres to be growing the relevant crop it would have done so. See Commonwealth v. Dones, 492 Mass. 291, 211 N.E.3d 47, 2023 Mass. LEXIS 244. That is not the case. Therefore, we must presume, that the Legislature intended"whatthe words of the statute say" (citation omitted). Sheehan v. Weaver, 467 Mass. 734, 737, 7 N.8.3d (2014). Commonwealth v. Larose,483 Mass. 323, 329, 137 N.E.3d 360, 366, 2019 Mass. LEXIS 577 *8-9 2019 WL 7503260. {00305124;vl} Page 3 of 6 SMOLAK & VAUGHAN LLP July 25,2025 i A The general court shall have the power to enact legislation necessary or expedient to protect such rights. In the furtherance of the foregoing powers, the general court shall have the power to provide for the taking, upon payment of just compensation therefor, or for the acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed necessary to accomplish these purposes. Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court...." In this instance Marble Ridge Farm has existed for 342 years, albeit not to the scale today. In 2014, due to a domestic matter,the farm was significantly divided. Title to a portion of the farm (270 Great Pond Road) was granted to Nancy Leland while The Kingfish Trust, under the Trustee, Elbridge C. Leland, retained the remaining acres (11 Marble Ridge Road). The farm continued to produce hay, livestock, fruits and vegetables. (See Exhibit F). Through the years further subdivision followed. However, the portion of the farm as it exists today as a winery was hayed or mowed to maintained it as open space. (i:See Exhibit F). A portion of the farm parcel is subject to the provisions of M.G.L. c. 131 § 40 and;the regulations at 310 C.M.R. 10.00. A driveway and a preexisting stream crossing Exist toward the southern portion of the parcel. The NRCS farm plan does recommend brush and invasive species management in this area. (See Exhibit C). Upon establishing the vineyard, the owner sought guidance from the USDS-NRCS. It was determined that the vines were planted in an area of the parcel that contained Carton fine sandy loam being a glaciated, well drained upland soil capable of maintaining a'19- 39-inch root zone. (See Exhibit C). The area is not flooded or ponded and does M,eet hydric criteria.3 (See Exhibit C). Upon establishing the vineyard, best management practices were undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands. The vines were planted using an auger. The trellis was also set with an auger. Excess i;soil was carried out in pails. Compost was placed between the vines, over the turf, for weed control. 3 Map Unit: 420C--Canton fine sandy loam, 8 to 15 percent slopes Component: Canton (80%) The Canton component makes up 8o percent of the map unit. Slopes are 8 to 15 percent.This component Is on moraines on glaciated uplands. The parent material consists of coarse-loamy over sandy melt-out till derived from gneiss, granite, and/or schist. Depth to a root restrictive layer, j strongly contrasting textural stratification, Is 19 to 391nches.The natural drainage class Is well drained. Water movement In the most restrictive layer Is moderately high. Available water to a depth of 60 Inches (or restricted depth) Is low. Shrink-swell potential Is low. This soil Is not flooded. It Is not ponded.There Is no zone of water saturation within a depth of 72 Inches. Organic matter content In the surface horizon is about 6 percent. This component Is in the F144AY034CT Well Dralhed Till Uplands ecological site. Nonirrlgated land capability classification Is 3e.This soil does not meet 's hydric criterla.(See Farm Conservation Plan.) (00305124;v1) Page 4 of 6 SMOLAK & VAUGHAN LLP July 25,2025 According to the above, there are no restrictions relating to the establishment or maintenance of agricultural activities on the portion of the parcel the vineyard has been established. Parking in the parcel will conform with the provisions of M.G.L. c. 131 !§ 40 and the regulations at 310 C.M.R. 10,00. RENTAL UNITS ON THE WINERY PARCEL There exists three rental units on the winery parcel: Studio Guest House, Bungalow Guest House and Ice House Farm House. (See Exhibit G). According to the North Andover Assessors Office data, each structure housing a unit existed prior to 1906. As recalled by Elbridge Leland (See Exhibit F) each unit was originally built and utilized, some time in 1950s or 1960s, by Edmund F. Leland III as housing for seasonal and%full- time farm laborers. These individuals worked on the farm performing tasks such as haying, caring for livestock, harvesting the fruits and vegetables, and maintaining; the grounds. At some time in the 1960's, as less labor was needed on the farm, Edmunid F. Leland III undertook substantial interior renovations and caused the units to be converted to rental apartments for tenants. Since that time, the units have remained available for tenants. Whereas this activity took place prior to 1972 the Massachusetts Building Code being adopted and prior to North Andover requiring building permits, no building permits were required. Sometime in 2021 cosmetic improvements were again made to the interior of the units. Since that time, the units have been advertised and occupied a short-term rental units. (See Exhibit H). On May 13, 2025, at North Andover's Annual Meeting, Part 14 relating to Accessory Dwelling Units (ADU) amended Article S of the North Andover Zoning Bylaws. Several provisions of the amendment are inconsistent with the pre-existing conditions of the three existing rental units on the winery parcel. Accordingly, the provisions of M.G.L. c. 40A§ 6 concerning prior nonconforming uses protect the current and future uses of these uh,its. It is recognized that voluntary expansion or voluntary change of use of these units may be subject to reasonable regulatory compliance. {00305124;v1 t Page 5 of 6 SMOLAK & VAUGHAN LLP July 25,2025 CONCLUSION The operation of a qualifying farm under the guidance of the USDA/NRCS is a matter of right.Also,the operation of a qualifying agrotourism farm is also a matter of right. Certain actions practiced legally prior to such practices being regulated are grandfathered by law and may continue a preexisting nonconforming action or use. Pursuant to the facts presented above, Marble Ridge Winery is operating within all confines of federal, state and municipal laws, regulations, bylaws, and/or policy or enjoys certain exemptions and grandfathered rights. Respectful itte , Mar idge Wine it orne , AA ra s i Lu {00305124;v1) Page 6 of 6 Exhibit A North Andover Assessor's Record Cards 037.0 D011 ODDO.0 037.C-0011-0000.0 North Andover Card:1 of 3 Total Card Total Parcel Map Lot Sub Sublot Parcel ID Building Locattonll MARBLERIDGE ROAD APPR 652,2001 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL.SUMMARY USE+IMP 652,200/ 2.027,100 11 MARBLERIDGE ROAD Use Code Building Val I Y'arciLfterns Land SiZe Land VZd Total VA USE LAND 01 0 NORTH ANDOVER MA 01845 109 121,60 78,800 2.35 451AQ0 652 00 ASSESSED 652,200/ 2,027,100 OWNERSHIP LEGAL DESCRIPTION C ATA L 1 S MARBLE RIDGE LLC IDGA0 Bwldi Total 121 600 78800 2. 451,900 652,200 NORTH ANDOVER MA0184 5 parcelTotai 1.496,500 78,800 2. 451,800 2027,100 Source 0-Mkt Cost Tot VaI SFtB 472.61 Tot Val SF1P 263.15 Lot Size Tofa!Land 2.35 PREVIOUS ASSESSMENTS Property ID:2356 Land.Unit Typal AC Tx Yr 'Cat Use Bid Value Yard hems Land:S¢e Land-Val. Total Appr Assessed Notes Date 2025 FV 109 1,496,500 78,800 2.35 451,800 2027,100 2,027,1002025/LD511/13/24 3: 11/132024 Y Type` 2024 FV 109 1,461,400 80,100 2.35 430,000 1,971,500 1,971,500 Re-posting 2024FV by 10/152024 UserAccount PREVIOUS OWNER 2023 FV 109 1.253.400 85,900 2.35 344.600 1,683.900 1,683,900 Year end 11/032022 M 232760 937M THE KINGFISH TRUST 2022 FV 109 1,071 100 85,900 2.35 301,000 1,458,000 1,458,000 Year End Roil 11102t2021 LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274XO 1.354,300 1,354,300 Year End Roff 11/02/2020 937385.7nO2 PO BOX 745 2020 FV 109 995,000, 86,9001 2.35 268,300 1,349,2001 1,349,200 R t 12/20/2019 GIS Coo4d2 NORTH ANDOVER,MA01845 2019 FV 109 988, 85,900 2.35 268,300 1,342,900 1,342,900 ear End Roll 09/132018 232773 3e US �� Print Date I Time 12/312024 4:01 pm PJARRAID/F n-mrRIPTInN SALES INFORMATION Last Date/ rme This parcel contains 2.35 AC of land mainly classified r r Legal Ref Type Date Sate Price TSF `Ver f. 14AL Notes a m as MULTI HOUSE with a CONVENTIONAL NGFISH TRUST 17990-97 P 05/162024 100 No D A USER DEFINED COLONIAL building built about 1900,having primady D 11 ELBRIDGE C 17990-326 P 05/162024 2,500,000 No D U pri DEFT CLAPBOARD Exterior and 1,380 Square Feet,with 1 D 11,F_t.BRIDGE C. 17656-255 P 12/302022 1 No D A PLAN#12481Residential Unit,1 Bath,5 Rooms,and 2 Bdrms. PriorlD?a D 11,ELBRIDGE C. 17430-147 P 04292022 10 No D AOTHERASSESSMENTS ISH TRUST 17430_145 P 04/292022 10 No D A PLAN#12481 Code c Amt. Comm IntAm LAND,EDMUND 04145-0312 P 10/14/1994 1 No D F PdorlD3a BUILDING PERMITS ACTIVITIES PriodD1b 7142 umber Desc :Amoun !:Closed. Status- T ^ -Notes :�Last Visit :':Date Result---B. .._ PROPERTY FACTORS 532 3,000 C 5 Weatherization 1 02/142024 6 SKIP CHEN Pri rIDZb Ite Code'` Iterri Code % 5464 2,17 C 5 Weathertzation, 10272022 8 MICHELE KE Utr11 Dis 1 NORT 003563 01/06/2004 C 0 07/232003 NC SSESSOR PnorlD3b Dis 2 002563 900 000 07/112W2 C 1 6000 SO FT S/FO6/102003 CO SKIP CHEN 2001143 53,OD0 C 9 MOVING BUILD! PnodDlo' Censu Zone 1 R2 100 04/102001 2001143 53,000 06/22/2001 C 8 MOVE BLDG Prior102c .. F.Haz Zone 2 03/29/2001 2001113 2.2001 C 6 SIDING T Zone 3 0223r"l 2001073 03292001 C 7 FT HSE FOR PdorlD3c Stred P-PAVED FIX 02/042000 2000044 1,50 02M4/2000 C 6 REROOF BARN Traffic M-MEDIUM 05/19/1997 97225 12,000 C 4 NEW STRUCTU Assessor Ma 05/19/1997 97226 C 7 DEMO 21X22 B LAND SECTION (109) LUC LUC Desc I Aft% FL I #`Units Depth U.T L jT_pe Ft. Base:WUnit Pro `AdiPm NBC Ft Mod. Inrt '% Inf 2`% Inf3 %I Apm AR2LU '% ::S LV.Juris LFt Assessed Notes 109 MULTI HOL 1 43,560 SF DRIMARN 1 10 10 8 1 435,600 0 0.00000 1 435.600 109 MULTI HOL 1 1.35 AC tESIDUA 1 12,000 12,000 8 1 16,200 0 0.00000 1 16,200 Total 2.35 TotaI:SF1SM 102,366.00 Parcel LU 109-MULTI HOUSE P_NBG 8 7 451,800 Spl Credi 0.0 , lot 451,600 Disclaimer.This Information is believed to be correct but is subject to change and is Property:23561 Bld:2528 1 Seq:11 Year 20251 Data As Of Date:12/312024 1 User.NOMIAndoverMACL I DB:Assess5ONorfhAndo Parcel ID 037.C-0011-0000.0 Comments Sketch Exterior Information Condo Information BLDG MOVED OF SITE 21 1/2 STY BARNS 4 FPL'S Type. 15-CONVENTIONA Location NOT USEABLE 1425 ACRES see StryHght 2-2 STORIES TatUrufs. See Plan's#9458,12481,12482.12505 PL#12505 LOT ffP 16 14 12 tLN)Unds 1 Tot 1or Al (1oo Found. 01-CONCRETE %Own NC=NEEDS MEAS&LIST f0 t0 Frame.: t - _. .... 02=CLAPBOARD-- 10 FP Sec Wa1L. Bath Features Res Breakdown Remodeling S 18 RoofStr 01-GABLE Full Bath 1 Ring -AVERA Floor No.Unit Rooms Bdrms Exterior ( 1� Roof.Cvr 1-ASPHALT AddEuU, 0 'Ring 1 1 5 2 Interior 10 12 Color 314 Bath 0 Ring Add.' View" Add 39 0 Rtng �� ?B hen 5 Shape' 1/2Bath 0 Rtnq Bid Nam Plumb' FFL Add.112 0 Rtng 81d Total 1 5 2 Blect►ic (860) Other Fix 0 Ring Prd Total 3 20 8 Heating Grade_ D-FAIR Year 1 It 1900 EtfYr Other Features Calc Ladder Genstar MLUC Kitchens. 1 Rtng -AVERA Base Rate 135.00 Depr 88,084 lads Add1Gt' 0 'Rtng, S¢eAdj 1.17971 Deped Total 121,640 Con Mod Fireplaces 0 FJ71gvJ ConAdj' 0.97970 turfs Ft' `. . 1.00w Interior anon WS Flues 0 R4rg Adj Pro $156.03 Spec.Features $0 Avg Htl Fl pe reciation Grade Ft 0.75000 Lump Sum P.int Wall 6-TYPICAL Phys Con -Fair 42 Other Feat' $41,250 Final Total $121,600 28 Sec Int Walt Functional NBH Mod 1.0000 Override Ual Padition T-TYPICAL Economic NBCtnfl 1.0000 AssmntFt. - 1.0wo R.Floor: 8-HARDWOOD Special. C-NewConst 0 LUC Ft 1.0000 Assessed Vat $121,600 Sec Fbor< Ovemde: Adj Tot 0m_ 209,724 `Total SISF $88.12 Mobile Home Bmt Fbors Total 42% - Dept% 42% Undepr$/SF' 117.02250 Make Model I Serial Y-1 I Color- Sub Floors Bmt Garage Comparable Sales Sub Areas Alt Areas Electric 3-TYPICAL king Parcel,ID ype Sale Date ,`:Price Code Desc NetArea Grow F. SZAOi Rate AV Und*Val S.'Area Alt Type %Alt Tenants: Qua] %U. Insulation.3-TYPICAL AL FFL FIRST FLOOR 860 860 860 156.0 134,186 hitVaion. SFL SECOND FLOOI 520 520 52 520 156.0 $1,136 Heat Fuel 06-WOOD EFP ENCL PRCH 340 340 0 Z7.39 9,311 Heat 09-AVG #Heat Sys 1 Heated w 100 "AC x Sol HW% CM 1/acx: ComWaOs Sprinkz Avg Rtnq 1nd:Va Building Totals 1,72 1,720 1,3 1,380 224,632 Special Features/Yard items Parcel.Totals 10,4931 10.4931 7,70 6,714 928,001 Code Desc A t3 S¢e Qual Cod :Year Unit Prc D/S 1)epr 5'c LUG Et NBC I'Ft turfs`. FL Val Image 31 BARN D Y 1 5181.00 V AV 1988 1200 T 36% 109 1 8 1 1 47,600 47,6 03 GARAGE D Y 1 525.00 A AV 1988 23.00 T 27% 109 1 1 1 8,700 8,70 02 SHED/FR D Y 1 240.00 A AV f%8 8.00 T 36% 109 1 1 1 1,000 1,00 34 BANK BARN/L D Y 1 1250.00 A AV 1988 18.00 T 36% 109 1 1 1 13,700 13,7 41 SHED/IMP D Y 1 256.00 A AV 1988 8.00 T 36% 109 1 1 1 1,1m 1,10 :a. 11 POOL I-V D Y 1 512.00 A AV 1 19971 18.00 T 27% 109 t 1 1 6,700 6,70 l Bu@ding Totals Yard Item Appr 78,800". Specla[Feature Appr 78,800 78,8 Parcel T Yard MrinApp 78,800 ;Special Fealun3 App 78,80 78,8 Disclaimer.This Information is believed to be correct but is subject to change and is Property:2356 1 Bid:25281 Seq:1 i Year.2025 i Data As Of Date:12/31/2024 1 User NOMIAndoverMACL DB:Assess50NorthAndo 037.0 0011 0000.0 037.00011-0000-0 North Andover Card:2 of 3 TOW Card Total Parcel Map Lot Sub Sublot Parcel ID Building Locoticall MARBLERIDGE ROAD APPR 113,6001 2,027,100 PROPERTY LOCATION IN PROCESS AP:'RAJlSAL sum USE+MP 113,6001 2.()2.7,100 III MARBLERIDGE ROAD Use Code Budding Vail 'Yard Items Land SUx Land Val Total vai USE LAND of 0 [NORTH ANDOVEP,MA 01845 109 113.6001 a 0.0( 0 113 600 ASSESSED 113,6001 2,027,100 OWNERSHIP -- LEGAL DESCRIPTION CATALIS" MARBLE RIDGE LLC 1IMPBLERIDGE.ROAD---- NORTH ANDOVER,MA 01645 113,600 0 0.0( 0 113,600 M'"o 1,496,500 78800 2027,10 Bounce - Lot Size, 2-2 "A 0-Mkt Adl Cost Tot Val SFZ 273.111 Tot.F.1 Total Land l 2-35 ;�Mmhh7 PREVIOUSASSESSMENTS Property ID.2356, LandUrfrtTypaj AC TX Yr Cat Use — Bld Value. Yard ltems�I.Land Size Land-Val -Ibtal App Assessed Notes r r - "I —Date 2025 FV 109_ 1,496,500 78,800 235 451,800 2,027,100 2,027,100 2025ILDS 11/13124 3:3 11/13/2024 r)- I Y Type 2024 FV 109 1,461,400 80,100 2.35 430,000 1,971,500 1,971,500 Reposting 2024FV by 10/1 5=24 UserAcedunt PREVIOUS OVINER 2023 FV 109 1,253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/0312022 M 232750 937369 THE IQNGFISH TRUST 2022 FV 109 1,071,100 85,900 2.35 301 000 1,458,000 1,458,000Year End Roll 11/022021 GES COUld I LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274.900 1,354,300 1,354,300 Year End Rod 11/02r2020 7930� PO BOX 745 2020 FV 109 1 995,0001 85,9001 2.35 1 268,3001 1,349.2001 1,349,2001YER 112/20/2019 GIS Coord 2 2 32773.53405 NORTH ANDOVER MA 01845 2019 FV 109 988,7 85,900 2.35 268,300 1,342,900 1,342,900 Year End Rai 0911 18 Date US - IPrint Date/Tune ll 2/31/2024 4:01 Last Date I ARRATwg nF-qrRIPT1QN SALES INFORMATION Time Is parcel contains 2.35 AC of land mainly�slfied-- Grantor Legal Ref Date SaiePrioe TSF Vertf. ;NAL Notes as MULTI HOUSE with a BUNGALOW building built HE MNGFISH TRUST 17990-97 P 0511612024 100 No D A USER DEFINED about 1900.having primarily CLAPBOARD Exterior -ELAND If ELBRIDGE C 17990-326 P 0511612024 2,500,000 No D U NorlDla and 416 Square Feet,with 1 Residential Unit 1 Bath, -ELAND 11,ELBRIDGE C. 17656--255 P 12130/2022 1 No D A PLAN#12481 4 Rooms,and 1 Bdrm. - -ELAND 11,ELBRIDGE C. 17430-147 -P 04I29/2= 100 No D A Priorff)2a OTHER ASSESSMENTS KINGFISHTRUST 115743 5 P 04/29/2022 100 No D A PLAN#12481 Amt I Comm Int Am I LAND,EDMUND TJ 0-1112 PriorID3a Code Desc 45-03 1 P 110/14/1994 1 No D F i — BUILDING PERMITS ACTIVITIES PriorlDIb . Date Number Dese Amount Closed -Status Twe Notes, Last Wit Date i Rwwk—By PROPERTY FACTORS 02/14/20241 6 SKIP CHEN pr!odp2b I"Code Item] Code, , %: 10/27/2022 8 MICHEI E KE, Lffil 11 Dis I NORT R0-01 07123/2003 NC ASSESSOR PfiorID3b Ulu 21 Dis 2 06/10/2003 Co SKIP CHEN NodD1c I lhl A censusl Zone I R2 100 PriorID2c, F.Haz Zane Zone 3 PriorID3c P-PAVED HA Exern M-MEDIUM IAssessorMa LAND SECTION (109) LUC LUC Desc, Alt% PL #Units De ph U.TVpe L Ty0e FL Base V. n' Adi P NBC Ft Mod. Inf.1 I % Jfnf2 % Ird`31-%I A 2 LUC % S c LV.Juris L Ft Assessed Notes TotalAG 2-35: Total SFISM 102,366Z0 Parcel LU P<NBC To redit] 0.00Tot Disclaimer.This Information Is believed to be correct but is subject to change and is Property:23561 Bid'.25291 Seq:21 Year.20251 Data As Of Date:12/31/20241 User.NorthAndoverMACL DB:Assess50NorthAndo Parcel ID 037.C-0011-0000.0 Comments Sketch Exterior Information Condo Information Type '02-BUNGALOW Location --- Stry Hght.1-1 STORY Tot Units. T�— 28 w Units 1 Tot 1 Found' 1-CONCRETE %16rrl. Secwa9or Bath Features Res Breakdown Remodeling Roof Sir 01-GABLE Full.Balh 1 -Ring -AVERA Floor :No.Unit . Rooms Bdrms` .Exterior. FFL Roof Cvr` 1-ASPHALT Add:Futl 0 Ring 1 1 4 1 Irftrior 18 (418) t8 Color 314 Balk 0 Ring '.'Add:: View Add 3/4 0 Ring KitcFren Shape 12 Bath 0 Ring Bath Plumb Bid Name Add.112. 0 Ring Bld Total 1 4 1 Electric. OlherFoc 0 Ring Prd Total ;,3 20 8 Heat-mg Grade -AVERAGE Year Bit 900 EffYr Other Features Calc ladder General Aft LUC Kitchens 1 :Ring -AVERA Base Rate 115.00 Depr 9,875 Juris. Add Kd.` 0 Ring `'S¢e Adj 1.35000 ;Depr'd Total'.. 113.562 1 24 1 Con Mod Fireplaces 0 Ring' ConAdl 0.97970 Juris'Ft 1.0000 or G f n WS Flues 0 Ring Adl Pre $152.10 Spec.Features $0 tl EFP teriAvg Ht/Fl Depreciation Grade FL 1.00000 Lump Sum C 1 J P.Int Wag, 6-TYPICAL Pays Con VG-Very Good 8 OtherFeat: $55,000 Final Total $113,600 Sec lnt Wag Functional NBH Mod: 1.D000 Override Val Partition T-TYPICAL Economic NBCinH 1.0D00 AssmntFt 1.0D00 P_'Roor' 8-HARDWOOD Special 'LUC FL ' 1.0000 Assessed bar $113,600 Sec Floor " Override AdjTotoao9i.: 123,437 Total$YSF $273.08 Mobile Home BmtFloors Taal 8% Depr% 8% Undepr$/SF 152.10000 Make Model Serial; Year Cobc. Sub Floors Bmt Sub Areas Alt Areas Electric -TYPICAL ting I Parcel a cel ID JTy e� Sale Date Price Code Desc Net `Gross A F: &Adj A "Rate A UndeK Val S.Area. Alt Type-%Alt Tenants Quay %U ParcellD yp : _ FFL FIRST FLOOR 416 416 41 416 152.10 63,274 Insulation 02-TYPICAL EFP ENCL PRCH 144 144 0 35.85 5,162 IntVs Ext. Heat Fuel 06-WOOD Heat 09-AVG Heat Sys 1 Heated% 100 AC.% Sol HW% {3 vw s Com tNatl x Sprink% Avg Ind Val Budding Totals 560 %0 41 16 4 68,436 Special Features/Yard Items Parcel Totals 10,493 10,49 7,70 6,714 928,001 Code Desc A.tYIS1 ft I Size:. Qua] Con .Year 'Unit Prc D/S r9b LUC Ft Ft Juris FtApprVal Assessed (image Buirimg Totals Yard ftem Appr Special FeatraeApp ParcetT YarditemAppr 76,800 Special FeatueAp 78,001 78.80 Disclaimer This Information is believed to be correct but is subject to change and is Property 23561 Bid:2529 1 Seq:21 Year.20251 Data As Of Date:12131/2024 1 User.NonhAndoverMACL DB:Assess501slorthAndo 037.0 0011 0000.0 037.C-0011-0000,0 North Andover Card:3 of 3 Total Card Total Parcel Map Lot Sub Sublot Parcel ID Building Locationll MARBLERIDGE ROAD APPR 1,261.3001 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL SUM MARY USE+IMP 1,261,3001 2.027,100 11 MARBLERIDGE ROAD Use Code Building Val Yard its= Land.Sim Land Val Total val USE LAND 01 0 NORTHANDOVER,MA01845 log 1261300 0.0 1261300 ASSESSED 1261,3001 2,027,100 OWNERSHIP LEGALDESCROrMN C ATA L I S MARBLE RIDGE LLC wS+4n( - - NORTH ANDOVER.MA01845 Building Total 1.261,300 0.0 12613D0 ParceLTohaN 1496,500 78,80 2.3 "Al ,100 Souroe 0-MIdAd'Cost Tat Val SF I 213.51 Tot Va1S 263.1 Lot S¢e Total-Land 2.35 PREVIOUS ASSESSMENTS Property ID:2356 Land UnItTypef AC TxYr' :Cat Use. Bid Value Yard l Land Sbm Land Val Total. Assessed Notes Date 2025 FV 109 1,496,500 78, 2.35 451,800 2,027,100 2,027,100 2025/LDS 11/1324 3: 11/132024 Y Type 2024 FV 109 1,461,400 80,100 2.35 430,000 1,971.500 1,971,500 R"osting 2024FV by 10/152024 UserAccaui>t PREVIOUS OWNER 2023 FV 109 1.253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/032022 M 232780 937369 THE KINGFISH TRUST 2022 FV 109 1,071,100 85 900 2.35 301,000 1,458,000 1 458 000 Year End Rol 11/022021 CAS 1 LLAAND,ELBRIDGE C. 2021 FV 109 993,500 85,90 2-35 274,900 1,354.300 1,354,300 Year End Rol 11/022020 PO BOX 745 GIS Coord 2 2020 FV 109 995, 85,900 235 268,300 1,349,200 1,349,200YER 12202019 NORTH ANDOVER,MA01845 2019 FV 109 988,700 85,900 2.35 268,300 1,342,900 1,342,9D0 Year End Rol 09/1312018 2 3.53405 US Insp Data ' Print Date/Time 12/3112 4 4:01 pm ARRATIVF flFRCRQTION SALES INFORMATION t `ate une Is parcel contains 2.35 AC of land mainly classified cantor Legal Ref Type Date Sale Price TSF Verif. NAL otes' ro s MULTI HOUSE with a COLONIAL building built HE iQNGFISH TRUST 17990-97 P OS/162024 100 No D A about 2002,having primarily CLAPBOARD Exterior LELAND II E18RIDGE C 17990-326 P 05/162024 2,500, 00 No D U USER DEFIIED and 5,907.33 Square Feet,with 1 Residential Unit,4 PriorlDla Baths,1 Half Bath.11 Rooms,and 5 Bdrms. LAND 11,ELBRIDGE C. 17656-255 P 12/302022 1 No D A PLAN#12481 -ELAND II,ELBRIDGE C. 17430-147 P 04292022 100 No ❑ A PnoriD2a OTHERS INGFISH TRUST 17430-145 P 04292022 10 No D A PLAN#12481 Code esc Amt CommlrrtAm' PriorlD3a' ELAND,EDMUND 04t45-03t2 P 10/14/1994 1 No D F BUILDING PERMITS AC rV117ES PdodDlb Dam , umber; Desc Amount Closed Status Type . Notes Last Visit Date Result By PROPERTY FACTORS 02/142024 6 SKIP CHEN Pr1orID2b ItemlCode Item Code % 10272022 8 MICHELE KE -Utfl 11 Dis 1 NORT 00004 07232003 NC ASSESSOR PdorlD3b UN 21 Dis t 06/102003 CO SKIP CHEN PriodDlc Censw Zone 1 R2 100 PriortD2c F.Haz Zone 2 TOP Zone 3 PriorlD3c Strae P-PAVED Traffk M-MEDIUM Exam Assessor Ma lJ1N0 SECTION (109 LUC LUC Desc'I AR% Ft I #Units.r,Depth U:Type LTvDe Ft-[BaseV.Orlitpro Ad'P -NBC .Ft .Mod. Inf 1 % inf 21%: rrf3 % Apor M 2 UR % Sec LV.Juds L Ft- :Assessed Notes' TotalAC/HA 2.35 Total SF/SM 102,366.00 Parcel LU P.::NBG D 4J- Spl, 0. Tot Disclaimer.This Information is believed to be correct but is subject to change and is Property:2356 1 Bid:25301 Seq:31 Year.20251 Data As Of Date:12/3112024(User.NorthAndoverMACL I DB:Assess50NorthAndo Parcel ID 037.C-0011-0000.0 Comments Sketch Exterior Information Condo Information Type,'.`106-COLONIAL Location Stry-light 12-2 STORIES Tot:Un is (UV)Units 1 Tot 1 Floor Found )I-CONCRETE %.Own Frame ,l -_-- __ 2=-CEAPB6AARD SeCNW P Batts Features_ Res Breakdown Remodeling 4 DR 14 4 83 ti 6 Roof Str 01-GABLE Full Bath 4 Rtng -VERY G Floor No:Unit -Rooms _Bdrms Exterior 1 13 (28) 11 8 BAY 15 Roof Cvr 01-ASPHALT Add Full 0 Rtng 1 1 11 5 I rior 3 3 13 (18) 11 4 18 �� 3/4 Bath 0 Ring IQ�n 12 7 3 to Add.314 0 Ring Bath OFP Shape 112&A 1 Rtng V-VERY G t3 SFL Plumb (728 FFL BId,Name Add;1f2 0 Rtng Bid Total 1 11 5 - E6ectlic' 19 7 BMr 15 Other Fix 0 Rbig- PrclTotal 3 20 8 Heatin OF (2413) 10 18 27 Grade -VERY GOOD General 1>E 1 ) 27 Qther Features Calc Ladder a 15 4 Yeas Bft lDf Yr .,�..— 8 Aft LUC Kftdlens 1 Ring -VERY Base Rate`. 140.00 • Depr. 44,394 8 18 Juris Add-FGt 0 Ring SizeAdj 0.76267 DepedTotal .' 1.261,321 4 53 Con Mad Fireplaces 3 Rtn9 V Con Ad) 1.01000 JurisFt 1.0000 WS>Flu. 3 Rung: V Adj pro $107.84 Spec Features $0 A on Grade Ft` 1.60000 Lump Sum P.1nt Wall 6-TYPICAL PhPre teys Con VG V 3.Very Good ,,.3.4 Other Feat $289,812 Final Total $1,261,300 Sec 1nt YVa6 Functional NBIi Mod ' 1.0000 Override Val, Partition T-TYPICAL Economic NBG Irrfl 1.0000 Assmnt Ft i 1.0000 P.Floor 8-HARDWOOD Special,' LUC Ft '' 1.0000 Assessed-Va1: $1,261,300 See-Floor Override AdI Tot Ow 1,305,715 Total$/SF $213.51 Mobile Home Bmt Floors Total 3.4% Depr% 3.4% Undepr$/SF 172.54400 Make' I ModelI Serial: Year Color Sub Floors. Comparable Sales Sub Areas Alt Areas Bmt Garage ��,. .�� Rtrig Parcel ID Type. Sale Date Price Code Desc. Net Gloss.A F. . SzAdjA. RateA Undepr Val S Area 'A1tTYPe !±It Tenants.' (luau %U Insulation :3-TYPI TYPICAL FFL FIRST FLOOR 2,413 2,413 2,41 Z413 107. 260,218 BMT RRM 41 0 G 100 Int1/sExt SFL SECOND FLOG 2,413 2,413 2,41 2,413 107. 260,218 BMT BASEMENT Z413 2,41 98 0 37. 91,187 Heat Fuel 02-GAS BAY BAY 92 92 92 107. 9,921 Heat 3-FORCED H/W Heat Sys i OFP OPEN FRM PR 882 882 0 15.1 13,389 # Heated x 1001, AC%: 100 Sol HWx, Ctd Vac% Corn Wall x Spunk% A�J : Ind Vaq Building Totals 8,213 8213 5,90 4,918 634,933 Special Features I Yard Items PamelTotals 10,493 10,4931 7,7q 6,7141 928.001 Code Desc A YJS S¢e Quaff Con Year Unit P D/S De r% LUC Ft NBC Ft Jutis Ft Apr Assessed Image Buwtng Totals Yard ft6mAppr Special Feature App Parc:et Tc Yard Item Appr 78,800 Special Feature App 78,800 78, Disclaimer.This Information is believed to be correct but is subject to change and is Property.2356 1 Bid:25301 Seq:31 Year.20251 Data As Of Date:12/31/2024 I User:NorthAndoverMACL I DB:Assess50NorthAndo Exhibit B Federal and State Permits 2021-WINE-01013-0 DEPARTMENT OF THE TREASURY—ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 1.PERMIT NUMBER MA-W-21107 BASIC.PBRMIT 2.DATE OF PERMIT (Under Federal Alcohol Administration Act) 0$/24/2021 ' i 5.NAME AND ADDRESS OF PERMITTEE(Number and street,city or town,State and Zip Code) 3.REGISTRY NUMBER(if applicable) MARBLE RIDGE FARM LLC. BWN-MA-21109 4.DATE OF APPLICATION 08/03/2021 11 MARBLERIDGE RD NORTH ANDOVER, MA 01845 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constitute 0 approval as a brand name for labeling purposes. If needed,list on reverse or use continuation sheet.) p i 7.PERMIT GRANTED FOR(ONE TYPE OF OPERATION ONLY) Pursuant to the application of the date Indicated in Item 4,you are authorized and permitted to engage,at the above address,in the business'of: a. ❑ Distilled Spirits-❑ dlsliller ❑rectifier(processor)❑ warehouseman and/or❑ warehouseman and bottler and while so engaged,to sell,offer or deliver for sale,contract to sell or ship,In Interstate or foreign commerce,the distilled spirits so distilled or rectified,or warehoused and bottled,or the wines so rectified, b. ® Wine- j producer and blender ❑ blender and while so engaged,to sell,offer or deliver for sale,contract to sell or ship,in interstate or foreign commerce,the wine so produced or blended, C. ❑ Importer-importing Into the United States the following alcoholic beverages: while so engaged,to sell,offer to deliver for sale,contract to sell or ship,in Interstate or foreign commerce,the alcoholic beverages so Imported, d. ❑ Wholesaler—Purchasing for resale at wholesale the following alcoholic beverages: while so engaged,to receive or to sell,offer or deliver for sale,contract to sell or ship,In Interstate or foreign commerce,the alcoholic beverages so Purchased. This Permit is conditioned upon your compliance with the Federal Alcohol Administration Act;the Twenty-first Amendment and taws relating to its enforcement;all other Federal laws relating to distilled spirits,wine,and malt beverages,Including taxes with respect to them;the Federal Water Pollution Control Act;and,all applicable regulations made pursuant to law which are now,or may hereafter be,In force. This basic permit Is effective from the date shown above and will remain in force until suspended,revoked,annulled,voluntarily surrendered,or automatically terminated. THIS PERMIT WILL AUTOMATICALLY TERMINATE THIRTY DAYS AFTER ANY CHANGE IN PROPRIETORSHIP OR CONTROL OF THE BUSINESS,unless an application for a new basic permit Is made by the transferee or permittee within the thirty day period. if an application for a new basic permit Is timely filed,the outstanding basic permit will continue In effect until the application Is acted on by the District Director, Alcohol and Tobacco Tax and Trade Bureau. THiS PERMIT IS NOT TRANSFERABLE,ANY CHANGE IN THE TRADE NAME,CORPORATE NAME,MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT,OR ANY CHANGE IN STOCK OWNERSHIP(MORE THAN MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO FIELD OFFICE WITHOUT DELAY. THIS IS A G AL PERMIT AMENDED RM T REASON FOR AMENDMENT DATE OF AMENDMENT SIGNATURE AND TITLE OF AUTHORIZED TTB OFFICIAL Specialist TTB F 5170.2(112005) w4 a�w Commonwealth of Massachusetts Office of the State Treasurer 'u: Alcoholic Beverages Control Commission 14 acHus1`' FARMER-WINERY LICENSE M.G.L. c. 138, § 19B This Farmer-Winery License authorizes the following licensee to produce, rectify, blend, or fortify, keep and expose for sale and to sell wine containing not more than twenty-four percent alcohol by weight: MARBLE RIDGE FARM LLC 11 Marbleridge Road North Andover, MA 01845 Approved by the Alcoholic Beverages Control Commission on December 26, 2024 �JeaMnLorizio,Chairman Crystal Matthews,Commissioner Deborah Baglio,Commissioner License Number: FW-LIC-000197 Record Number: 2024-000111-FW-REN Capacity: 5K Gallons or Less THIS LICENSE WILL EXPIRE DECEMBER 31, 2026 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS PLACE WHERE IT CAN BE EASILY READ �4AGDNvr a°NTH Commonwealth of Massachusetts °°t Office of the State Treasurer %;: Alcoholic Beverages Control Commission S. gcxu, � t TRANSPORTATION & DELIVERY PERMIT M.G.L. c. 138, § 22 This Permit hereby authorizes the use of the following vehicle for transportation and delivery of alcoholic beverages: Vehicle Plate Number 3YKM31 Related License: MARBLE RIDGE FARM LLC ABCC License Number: FW LIC-000197 License Type: Farmer Winery Approved by the Alcoholic Beverages Control Commission on December 26, 2024 �� . . Jean Lonz�o,Chairman Crystal Matthews,Commissioner Deborah Baglio,Commissioner License Number: TR-LIC-009284 Record Number: 2024-000111-FW-REN THIS PERMIT WILL EXPIRE DECEMBER 31,2025 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD THIS PERMIT SHALL BE CARRIED IN THE VEHICLE AT ALL TIMES Is Exhibit C Conservation Plan i i I I USDA Conservation Plan ELBRIDGE LELAND II 11 MARBLERIDGE RD NORTH ANDOVER,MA 01845 I OBJECTIVE(S) Client's goals are to maintain the health and natural beauty of the property,and to utilize areas for sustainable agricultural production.The client Is currently growing 0.5 acres of grapes to be used for wine production.There are two apple trees located In this vineyard as Well.The client has plans to expand crop production In coming years.They are also looking to address the spread of Invasive plants along field and road edges, install the conservation practices,enhancements,and activities according to the Implementation requirements,designs,construction plans,or other documents that facilitate meeting the applicable NRCS technical criteria. If you do not have such information,contact your logal office before starting to Install your conservation practices,enhancements,and activities. Crop ract:1690 Conservation Cover(327) General Cover-Establish and/or maintain permanent vegetation to reduce wind and water erosion,delivery of sediment to surface water,to reduce particulate matter and precursors,and reduce greenhouse gases. Field Planned Month Year Applied Amount Data Amount 2 0.6 Ac 01 2022 — — Total: 0.6 Ac — -- - ` i I Mulching(484) Basic Mulching-Apply plant residues or other suitable materials evenly over the land surface to achieve a minimum of 70%ground cover. Field Planned Month Year Applied Amount Date' Amount 2 0.3 Ac 07 2022 — — Total: 0.3 Ac Wildlife Habitat Planting(420) Wildlife Habitat Planting-Establish wildlife habitat by planting herbaceous vegetation or shrubs when wildlife habitat evaluation in loates a benefit in altering the current vegetative conditions(species diversity,richness,structure and pattern).Implementation will meet m nimum NRCS planning criteria of 1150"percent of the habitat potential for the species of concern""as identified In a State-approved habits evaluation , protocol(e.g.,Wildlife Habitat Evaluation Guide). I i 2 Field Planned Month Year Applied Amount Date Amount 2 0.1 Ac 01 2022 J, i Totes: 0.1 Ac — -- — Farmstead ract:1690 Brush Management(314) Brush Management-Remove woody(nonherbaceous or succulent)vegetation Including invasive and noxious species using mechanical, chemical and biological methods;either alone or in combination.Brush management will be applied In a manner to achieve the desired control of the target woody species and protection of desired species. Field Planned Month Year Applied Amount Datb Amount 1 0.9 Ac 09 2022 — Total: 0,9 Ac -- - - - 1 i I i i i i I 3 I CERTIFICATION OF PARTICIPANTS i ELBRIDGE LELAND II DATE CERTIFICATION OF: Digitally signed by ROBERT ROBERT PURCELL PURCELL Date:2022,08.05 16:33:17-04'00' CERTIFIED PLANNER DATE I i I I 4 PUBIC BURDEN STATEMENT According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person Is not required to respq'nd to a collection of Information unless it displays a valid OMB control number. The valid OMB control number for this Information collections is 0578.0013. The time required to complete this Information collection Is estimated to average 45/0.75 minutes per response,Including the time for reviewing Instructions,searching existing date sources,gathering and maintaining the data needed,and completing and teviewing the collection information. PRIVACY ACT The above statements are made In accordance with the Privacy Act of 1974(5 U.S.0 522a). Furnishing this Information Is voluntary; however failure to furnish correct,complete Information will result In the withholding or withdrawal of such technical or financial assistance. The Information may be furnished to other USDA agencies,the Internal Revenue Service,the Department of Justice,or other stato or federal law enforcement agencies,or In response to orders of a court,magistrate,or administrative tribunal. USDA NON-DISCRIMINATION STATEMENT The U.S.Department of Agriculture(USDA)prohibits discrimination against Its customers.If you believe you experienced discrimination when obtaining services from USDA,participating In a USDA program,or participating in a program that receives financial assistance from USDA,you may file a complaint with USDA.information about how to file a discrimination complaint Is available from the Office ofihe Assistant Secretary for Civil Rights.USDA prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex(including gender Identity and expression),marital status,familial status,parental'status, religion,sexual orientation,political beliefs,genetic Information,reprisal,or because all or part of an Individual's Income Is derived from any public assistance program.(Not all prohibited bases apply to all programs.)To file a complaint of discrimination,complete,sign,and mail a program discrminatlon complaint form,available at any USDA office location or online at www.ascr.usda aov,or write to: USDA Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue,SW, Washington,DC 20250-9410 Or call toll free at(866)632-9992(voice)to obtain additional information,the appropriate office or to request documents.Individuals who are deaf,hard of hearing,or have speech disabilities may contact USDA through the Federal Relay service at(800)877-8339 or(800) 845-6136(In Spanish).USDA is an equal opportunity provider,employer,and lender.Persons with disabilities who require alternative means for communication of program information(e.g.,Braille,large print,audiotape,etc.)should contact USDA's TARGET Centel at(202) 720-2600(voice and TDD). i I 5 Exhibit D Massachusetts Department of Agricultural Resources' Agricultural Law Memo ALM 10- 05 & Checklist DAR MASS.ACHUSMS DEPARTMENT OF AGRICULTURAL RESOURCES Agricultural Law Memo ALM 10-05 September 14,2010 TOPIC: Agri-tourism and Agriculture ISSUE: Farmers in the Commonwealth have historically used innovative marketing ideas to capture a larger proportion of the retail dollar for their farm products. Some of these marketing techniques, often referred to as agri- tourism, appear to be non-agricultural activities that would otherwise be regulated as a non-agricultural activity. But because agri-tourism activities are incidental to the primary purpose of agriculture, they are extended the same rights and privileges under the law as agricultural activities. MIDAIR has established certain criteria for those instances when we must differentiate between agri-tourism and non-agricultural activities. We are also often asked to provide these criteria to others to assist in distinguishing one from the other. The purpose of this memorandum is to provide the criteria by which an activity may be deemed agri-tourism as opposed to its non-agricultural counterpart. Farming and agriculture have considerable rights and privileges under the laws of the Commonwealth, such as reduced taxation, exemption from certain local zoning provisions and state environmental laws, and even preferential treatment under the state building code. So, activities that would otherwise come under the authority or scrutiny of a law or regulation enjoy a certain level of exemption from such authority or scrutiny because the activities are associated with agriculture. Consider a farm stand, for example. A farmer may construct a small structure on his property near the road to sell vegetables during the summer. Clearly, this is simply selling vegetables and is considered an agricultural activity as defined by Massachusetts General Laws (M.G.L.) c. 128, Sec.1A. In contrast, consider a farmer who constructs a large supermarket type of a building at which not only vegetables from the farm but also the full range of supermarket items are sold. In fact, the products sold from this structure that comes from the farm may only account for a very small proportion of the sales. This would be considered a supermarket, not an agricultural structure. The farm stand is protected as agriculture while the supermarket would not be. The conclusions are intuitive for these two extreme cases, but difficulties arise when the circumstances fall somewhere in between. Agri-tourism activities fall into this difficult area. Page 1 of 4 Agri-tourism refers to a broad category of planned activities by which the activities and property of an agricultural enterprise serve as a destination for visitors whose objective is to experience agricultural life and operations with resulting benefits to agriculture in the Commonwealth and the economic viability of the agricultural enterprise. Some agri- tourism activities are clearly agricultural in that they include the planting, cultivation or harvest of an agricultural product (e.g. Pick Your Own operations). Accordingly, this ALM is intended to help identify agri-tourism activities that may be incidental to, or so directly related to, the agricultural enterprise as to share the agricultural nature of the enterprise. As a simple measure, the less related the activity is to agriculture, the less the activity ought to be considered agri-tourism. Among the factors to be weighed in concluding that such activities qualify as agri- tourism are the agricultural focus of: (1) the property itself; (2) its commercial aspects; (3) the activities involved; and (4) the accommodations or other benefits accorded to the visitor. Answers to the following questions are meant to assist in weighing whether an activity is agri-tourism. The Property: At the most basic level, the primary underlying use of the property must be agricultural as defined by law. The following questions help establish the primary use as agriculture: (1) Are "farming" or"agricultural' activities as defined in M.G.L. c. 128, Sec. 1A taking place on the property? (2) What is the size of the property? (3) What agricultural products derive from the property? (3) Does the property enjoy the benefits accorded under M.G.L. c. 61 or 61A, or under M.G.L. c. 40A, Sec. 3? The Commercial Aspects: A property may meet the basic threshold of agriculture, but still may not be considered commercial agriculture where revenues from supplemental agri-tourism activities predominate over agricultural revenues: (1) What is the primary focus of the commercial activities at the property? (2)What percentage of the revenues from the property is generated from commercial agricultural activities as opposed to the revenue derived from the supplemental agri- tourism activities? (3) Is the commercial agricultural activity directed at consumers? Page 2 of 4 (4) What is the potential for improving the economic viability of the enterprise for continued use in connection with the supplemental agri-tourism activity? (5) Is the property marketed or used as a visitor destination, or is the property marketed or used as ancillary to off-property destinations such as sports venues or museums? The Activities: Often a property may demonstrate its primary use as agriculture by the preponderance of activities conducted on the property and the relationship of those activities with agricultural activities: (1) Are agri-tourism activities primary, supplemental, or complementary to the use of the property? (2) What percentage of the activities occurring on the property are agri-tourism activities? (3) What is the primary use of the property when agri-tourism activities are not taking place? (4) Are the agri-tourism activities designed specifically to bring the public to the property for an agricultural related experience? (5) Are the agri-tourism activities designed to enhance the viability of a traditional agricultural operation? The Accommodations: The kind of accommodations made available to visitors can shed light on whether those accommodations should be treated as part of the agricultural enterprise or are essentially non-agricultural commerce. Accommodations directed at drawing or keeping consumers on the property so as to participate in agricultural activities of the property support a conclusion of agri-tourism: (1) What accommodations are provided to visitors? (2) What is the duration and frequency of visits? (3) What, if anything, do visitors pay? (4) Is the agri-tourism activity best described as a farm stay, work exchange, or educational stay? (5) What products or services are provided to visitors while they are on the property? (6) Are meals provided to visitors and, if so, are they prepared with products and commodities grown on the property? Page 3 of 4 (7) What involvement, if any, do visitors have with traditional agricultural operations? The foregoing is not meant to be an exhaustive list of considerations in reaching a conclusion as to whether an activity is agri-tourism or non-agricultural commerce, but is meant only to suggest some relevant factors to be weighed in reaching that conclusion. Relevant Laws and regulations: M.G.L. c. 128, Sec. 1A, c. 40A, Sec. 3, c. 61, c. 61A, c. 131, Sec. 40, c. 111, Sec. 125A, 330 CMR 22.02; The State Building Code (Among other sections 780 CMR 312; 780 CMR 120.C) Page 4 of 4 Marble Ridge Farm—Agritourism Checklist Answers to the following questions are meant to assist in weighing whether an activity is agri-tourism. The Property: At the most basic level, the primary underlying use of the property must be agricultural as defined by law. The following questions help establish the primary use as agriculture: (1) Are "farming" or"agricultural' activities as defined in M.G.L. c. 128, Sec. 1A taking place on the property? Yes, viticulture of red and white grapes (2) What is the size of the property? 5.35 acres (3) What agricultural products derive from the property? Grapes (4) Does the property enjoy the benefits accorded under M.G.L. c. 61 or 61A, or under M.G.L. c. 40A, Sec. 3? Yes. 61A since the property exceeds 5 acres and is actively devoted to agriculture for the purpose of generating more than $500 per year. 40A, Sec. 3 since 25% of sales at the farm come from products produced at the farm during harvest season (August—November). (00136356;v1) Marble Ridge Farm—Agritourism Checklist The Commercial Aspects: A property may meet the basic threshold of agriculture, but still may not be considered commercial agriculture where revenues from supplemental agri-tourism activities predominate over agricultural revenues: (1)What is the primary focus of the commercial activities at the property? Wine production (2)What percentage of the revenues from the property is generated.from commercial agricultural activities as opposed to the revenue derived from the supplemental agritourism activities? More than 50% of revenue from wine production (3) Is the commercial agricultural activity directed at consumers? Yes (4) What is the potential for improving the economic viability of the enterprise for continued use in connection with the supplemental agri-tourism activity? Without agri-tourism, maintaining the property as a farm is infeasible. (5) Is the property marketed or used as a visitor destination, or is the property marketed or used as ancillary to off-property destinations such as sports venues or museums? The property will be marketed as a visitor destination. The Activities: Often a property may demonstrate its primary use as agriculture by the preponderance of activities conducted on the property and the relationship of those activities with agricultural activities: (1)Are agri-tourism activities primary, supplemental, or complementary to the use of the property? Agri-tourism activities are complimentary to farming and wine production. {00136356;v1} Marble Ridge Farm—Agritourism Checklist (2) What percentage of the activities occurring on the property are agri-tourism activities? Aside from commercial agriculture, 100% of the activities on the property are agri-tourism activities. (3) What is the primary use of the property when agri-tourism activities are not taking place? Commercial agriculture. (4) Are the agri-tourism activities designed specifically to bring the public to the property for an agricultural related experience? Yes, our agri-tourism activities are (1) events that also involve either a wine tasting or minimum wine purchase or farm/vineyard/winery tour, or(2) hosting overnight guests in our guesthouses, which we provide educational materials upon arrival, a complimentary wine tasting that provides a guided experience of 1+ hours from our highly-trained staff to discuss in detail our winemaking process, grape growing practices, and the history of the farm dating back to 1680, wine bottles in the room for guests'enjoyment, and encourage guests to explore the vineyards, all of which attract, educate, and entertain the public. (5) Are the agri-tourism activities designed to enhance the viability of a traditional agricultural operation? Yes, the farm dates back to the late 1600s and the activities highlight historic New England farming and traditional winemaking methods. The Accommodations: The kind of accommodations made available to visitors can shed light on whether those accommodations should be treated as part of the agricultural enterprise or are essentially non-agricultural commerce. Accommodations directed at drawing or keeping consumers on the property so as to participate in agricultural activities of the property support a conclusion of agri-tourism: (1) What accommodations are provided to visitors? Aside from hosting the events, the property provides overnight housing in our historic farm buildings, including Ice House, Bungalow, and Art Studio. {00136356;v1} Marble Ridge Farm—Agritourism Checklist (2)What is the duration and frequency of visits? We have a 2-night minimum stay, and guests often stay longer. All stays are short-term and no guests are allowed to stay beyond 28-nights. ((3) What, if anything, do visitors pay? We charge market rate or higher due to the unique and valuable experience that we offer through our agritourism activities. (4) Is the agri-tourism activity best described as a farm stay, work exchange, or educational stay? Farm or educational stay. We provide educational materials upon arrival, a complimentary wine tasting that provides a guided experience of 1+ hours from our highly-trained staff to discuss in detail our winemaking process, grape growing practices, and the history of the farm dating back to 1680, wine bottles in the room for guests'enjoyment, and encourage guests to explore the vineyards. (5)What products or services are provided to visitors while they are on the property? Wine (6)Are meals provided to visitors and, if so, are they prepared with products and commodities grown on the property? Meals are not provided to visitors. (7)What involvement, if any, do visitors have with traditional agricultural operations? We offer guided farm and vineyard tours and events involving harvesting, pruning, wine production, and farm history. (00136356;v1) Exhibit E Alison Anderson's Letter Demonstrating Compliance with M.G.L.c..40A, Sec.3 Alison Anderson alisonandersonbaokkeeUlf �w mail.com Re: Letter for Agricultural Exemption July 24,2025 To Whom It May Concern, I am writing In my capacity as the accountant for Marble Ridge Farm, LLC,located at 11 Marbleridge Road, North Andover,Massachusetts 01845. Based on a review of the business's financial records, tax filings, and supplied operational activity for the most recent fiscal year,Marble Ridge Farm LLC satisfies the requirements for the agricultural exemption under Massachusetts General Law Chapter 40A,Section 3,also known as the"Dover Amendment:' Speciflally: • The business Is engaged in the primary use of agriculture, farming, and viticulture, including the cultivation and harvesting of grapes and the production and sale of wine • The property is actively used for the commercial growing and harvesting of crops • The farm generated$1000 or more In gross sales from agricultural products grown, produced, and sold on the premises to the public and guesthouse guests during the prior calendar year,meeting the statutory minimum under M.G.L. c.40A Section 3 • More than 25%of the farm's gross sates are derived from agricultural products grown, raised, or produced on-site during its harvest months of August —November,thereby exceeding the minimum threshold required to qualify for agricultural exemption status • The business operates In a manner consistent with the agricultural use protections outlined in M.G.L. Chapter 40A Section 3 This letter Is provided solely to demonstrate compliance with the requirements for agricultural use under Massachusetts zoning laws. If questions, please contact me at the above email Sincerey, Alison E Anderson Accountant Exhibit F Affidavit of Elbridge C. Leland Town of North Andover Technical Review Committee Marble Ridge Winery AFFITDIVIT OF ELBRIDGE C. LELAND IN SIPPORT OF MARBLE RIDGE WINERY 1. I, Elbridge C. Leland, being of age 71, state as follows to be true and accurate: 2. 1 currently reside at of 11 Marbleridge Road, North Andover, MA 01845. 3. My father was Edmund F. Leland III who owned and farmed Marble Ridge Farm, part of which is currently known as Marble Ridge Winery. 4. Marble Ridge Farm has been owned by my family's ancestors since 1680. 5. 1 was born in 1954 and raised on the property known then as Marble Ridge Farm, located at 11 Marbleridge Road, North Andover, MA 01845 6. Marble Ridge Farm was over 200 acre farm. The farm then cultivated hay, raised livestock, including cows and chickens, and maintained a large fruit orchard, fields vegetable row crops and flowers. 7. Starting at an early age and for my entire life, I remain actively involved in the daily operations of the. I am intimately familiar with the property, the buildings, the livestock, and the cultivation of the land. 8. 1 clearly remember the rooms in the farm buildings were used by my father to house seasonal and full-time farm laborers. I clearly remember that during my elementary and middle school years, individuals worked on the farm performing tasks such as haying, caring for livestock, harvesting the fruits and vegetables, and maintaining the grounds. 9. While I was in high school, my father and I converted the units that historically housed the farm workers into living quarters in order to provide needed income for the farm. 10.At all times since the units were converted, either my father or I had tenants to occupy units. {00305026;v1}Page 1 of 2 11. Both the dates of original construction and the subsequent conversion of the rooms pre-dated any requirement by the Town for building permits — since none were required, none were obtained. 12. Although the commercial aspect of the farm diminished, the land continued to be used for agricultural purposes. The fields were hayed regularly, and I maintained the land through harvesting the fruits and vegetables, mowing/pruning/caring for the land, and the application of compost to keep the fields fertile and productive. 13. The land was in turnkey condition for my son, Elbridge C. Leland II, to plant grape vines. He simply augured the turf to continue using it for planting. 14. My father and his ascendants took immense pride in ensuring the land was well cared for, and I have worked hard to uphold that tradition. On July 23, 2025,1 make this affidavit under the penalties of perjury and having actual knowledge of the subject matter it concerns: J/9 ridg . Leland {00305026;v1}Page 2 of 2 Exhibit G Short Tenn Unit Listings Listing name Winery Farmhouse w/Private Hot Tub&Wine... Vineyard Retreat—Experience the elegance and... Winery Studio w/Private Hot Tub,Fireplace,Tasting *A worth Shore Favorite!*This former art studio is... f Luxurious Bungalow at Boutique Winery w/Tasting Escape to our 2-story Bungalow,perfect for couples,friends... Exhibit 11, Commonwealth of Massachusetts 2021/2022 Room Occupancy Excise Registration Certificates Commonwealth of Massachusetts Letter iD;Ll144344768 Department of Revenue Notice Date:June 21,2021 0 q Geoffrey E.Snyder,Commissioner Account ID:ROC-20361692-002 A ova mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE I�'I1�1''tl�lll�lll'Itll!'ll�l��llltf ll�l�'lllllll�i�l��lnlli�ll ELBRIDGE LELAND 11 MARBLE RIDGE FARM LLC 0 GREAT POND ROAD BLDG I NORTH ANDOVER MA 01845 Attached below is your Room Occupancy Excise Registration Certificate. Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.gov/localoptions for the tax rates that apply to each locality. DETACH HERE �ynCHUgE MASSACHUSETTS DEPARTMENT OF REVENUE Room Occupancy Excise Registration Certificate P. 9 y >�Nr OV This registration must be posted and visible at all times. MARBLE RIDGE FARM LLC Account ID: ROC-20361692-002 I 1 MARBLERIDGE RD APT STUDIO Certificate Number: C0314832100 NORTH ANDOVER MA 01845-3031 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts General Laws for operators of bed and breakfast establishments,hotels, lodging houses,short-term rentals or motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:21-Jun-2021 �Ss f Commonwealth of Massachusetts Letter ID:L0692487872 Department of Revenue Notice Date:February 2,2022 `. + Geoffrey E.Snyder,Commissioner Account ID:ROC-20486939-002 cttP mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE I�'Ill�u�ll��i�Illlfl�'!f uF�I�Illlnhllnll�u�ldl"II��I'1'1 ® MARBLE RIDGE COUNTRY ESTATES LLC 11 MARBLERIDGE RD NORTH ANDOVER MA 01845-3031 Attached below is your Room Occupancy Excise Registration Certificate.Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.gov/localoptions for the tax rates that apply to each locality. DETACH HERE ----------------------------------------------------------------------------------------------------------------------------------------------- "clius,� MASSACHUSETTS DEPARTMENT OF REVENUE R Room Occupancy Excise Registration Certificate 9 �FmoF�w This registration must be posted and visible at all times. MARBLE RIDGE COUNTRY ESTATES LLC Account ID: ROC-20486939-002 11 MARBLERIDGE RD Certificate Number: C0344672100 NORTH ANDOVER MA 01845-3031 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts Gegeral Laws for operators of bed and breakfast establishments,hotels,lodging houses,short-term rentals or motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:02-Feb-2022 Commonwealth of Massachusetts Lctler ID:L0487876544 Department of Revenue Notice Date:October 21,2022 Geoffrey B.Snyder,Commissioner Account ID:ROC-20486939-002 vrofa mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE ��I��tilliut���t�h�tltt�Itlhu�ittrill�llh111�IIHtltu�(I'It MARBLE RIDGE COUNTRY ESTATES LLC I MARBLERIDGE RD NORTH ANDOVER MA 01845-3031 Attached below is your Room Occupancy Excise Registration Certificate.Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.govtmasstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.govllocaloptions for the tax rates that apply to each locality. DETACH HERE •----------------------------------------------------------------------------------------------------------------------------------------------- 'hcH s�. MASSACHUSETTS DEPARTMENT OF REVENUE b Room Occupancy Excise Registration Certificate yam ovs This registration must be posted and visible at all times. MARBLE RIDGE COUNTRY ESTATES LLC Account ID: ROC-20486939-002 I I MARBLERIDGE RD Certificate Number: C0392902100 NORTH ANDOVER MA 01845-3031 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts General Laws for operators of bed and breakfast establishments,hotels, lodging houses,short-term rentals or motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:21-Oct-2022 4 SMOLAK & VAUGHAN -1 Francis A. D� St , Esq. ----- --- -- T: 978.327-5216 i F1.'09-327-5219 ATTORNEYS AT LAW fdilunalce smolal:vadl�t�an.cnm i:..I MEMORANDUM REGARDING MARBLE RIDGE WINERY From comments and inquiry of members of the North Andover Technical Review Committee during a meeting held on July 1, 2025 at the North Andover Town Half, Marble Ridge Vineyard and Winery responds regarding the following issues: 1. Compliance with M.G.L. c, 40A§ 3 (Dover Amendment) 2. Authority to use land for agricultural purposes 3. Rental units on the winery parcel MARBLE RIDGE FARM Marble Ridge Winery operates on a 5.35-acre farm parcel owned by Marble Ridge LLC (formally The Kingfish Trust).' The faun parcel is located within North Andover's R-2 zoning district. (See Exhibit A).The farm parcel has been owned by the Leland family and its ancestors for 342 years(since 1680). It presently consists of a newer main home built in 2004 that houses the winery operations in the basement and where the owner lives,and several barns and outbuildings that date back to the 1700 and 1800s according to the North Andover Historical Society.The non-residential buildings primarily serve the farming operations. Approximately 1 acre is currently planted with 198 grape vines, and additional plantings are scheduled for next Spring. The grapes are processed into wine on-site.After destemming, crushing, pressing, fermenting, blending and clarifying , the wine is bottled, corked, labeled, 'and packaged on-site. The production of wine is managed by the owner and winemaker, Elbridge "Brig" Leland II, who is a member of the Massachusetts Farm Wineries and Growers Association and has been trained by World-Class Winemaking Professor and Advisor, Frank Renaldi. Marble Ridge Winery is approved by the U.S. Department of the Treasury — Alcohol and Tobacco Tax and Trade Bureau ('TTB"), the Federal entity that regulates the production of wine( See Exhibit B), as well as the Commonwealth of Massachusetts' Office of the State Treasurer Alcoholic Beverages Control Commission ("ABCC"), the State entity that authorizes the production and sale of wine. In addition, Marble Ridge Winery is a registered farm with the United States Department of Agriculture ("USDA"). The USDA's Natural Resources Conservation Service ("NRCS") issued the farm a Conservation Plan (See Exhibit ' In addition to the acreage the winery's owners own, the Winery leases approximately 1 acre from abutters. {00305124,v1} File#:FD0011 EAST MILL,120 Water Street,Suite 401,North Andover,MA 01845 W W W.SMOLAKVAUGHAN.COM e SMOLAK & VAUGHAN LLP July 25,2025 i' C) and determined that the farm practices exceed their recommendations based on numerous on-site visits evaluating the farm's resources and management practices. COMPLIANCE WITH M.G.L. c,40A § 3 (DOVER AMENDMENT) The provisions of M.G.L.c.40A§ 3 provides in pertinent part: "No zoning ordinance or by-law shall ...prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, ...or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture ...horticulture, including those facilities for the sale of ...wine..., provided that either during the months of June,July,August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities may be limited to parcels of 5 acres or more . or to parcels 2 acres or more if the sale of products produced from':the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculttre, silviculture, horticulture, floriculture or viticulture. [Emphasis added.] ,For such purposes, land divided by a public or private way or a waterway shall be construed as 1 parcel. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant to the General Laws. For the purposes of this section, the term "agriculture" shall be as defined in section 1A of chapter 128...." i M.G.Lc. 128 § 1A provides: I "Farming" or"agriculture"shall include farming in all of its branches and;the cultivation and tillage of the soil, dairying, the production, cultivation, (00305124;vl) Page 2 of 6 N SMOLAK & VAUGHAN LLP July 25,2025 growing and harvesting of any agricultural, aquacultural, floricultural or horticultural commodities, the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, trees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer,who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market, delivery to storage or to market or to carriers for transportation to market. i On the 5.35-acre parcel there exists the vineyard where grapes are grown, a farmhouse where the processing of the wine occurs, several outbuildings inclusive of facilities where customers of the winery may stay and an old barn under where the principal tasting room exists. The harvest occurs when the grape brix is suitable for the preferred wine, usually during the months of August through November. The farm and winery is a agritourism destination farm. (See Exhibit D). During the four months of Marble Ridge's wine grape harvest season, the on site sale of Marble Ridge's wine is 27.7%, (See Exhibit E) exceeding the 25% required amount of wine product sold pursuant to the provisions of M.G.L. c. 40A, § 3. For the purpose of M.G.L. c, 40A§ 3, if the parcel is 5 acres or mjore, only the production ratio is required of which the winery exceeds.2 Accordingly, Marble Ridge meets and exceeds the threshold requirements of M.G.L. c. 40A, § 3, the so-called Dover Amendment and may operate as a matter of right. AUTHORITY TO USE LAND FOR AGRICULTURAL PURPOSES There are no specific statutes, laws or regulations in Massachusetts that outline bringing non-hydric land into agricultural use. In fact, Article XCVII (97) of the Massachusetts Constitution, in pertinent part states: "Article XLIX of the Amendments to the Constitution is hereby annulled and the following is adopted in place thereof: -The people shall have the right to clears air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment; and the protection of the people in their right to the conservation, development and utilization of the agricultural [emphasis added], mineral, forest, water, air and other natural resources is hereby declared to be a public purpose. i 2 If the legislature had intended the minimum 5 acres to be growing the relevant crop it would have done so. See Commonwealth v. Danes 492 Mass. 291 211 N.E.3d 47 2023 Mass. LEXIS 244. That is not the case. Therefore, we must presume, that the Legislature intended "whatthe words of the statute say" (citation omitted). Sheehan v. Weaver, 467 Mass. 734, 737, 7 NA.3d (2014). Commonwealth v. Larose,483 Mass. 323, 329, 137 N.E.3d 360, 366, 2019 Mass. LEXIS 577 *8-9 2019 WL 7503260. {00305124;v 1} Page 3 of 6 SMOLAK & VAUGHAN LLP July 25,2025 The general court shall have the power to enact legislation necessary or expedient to protect such rights. In the furtherance of the foregoing powers, the general court shall have the power to provide for the taking, upon payment of just compensation therefor, or for the acquisition by purchase or otherwise, of lands and easements or such other interests therein as may be deemed necessary to accomplish these purposes. Lands and easements taken or acquired for such purposes shall not be used for other purposes or otherwise disposed of except by laws enacted by a two thirds vote, taken by yeas and nays, of each branch of the general court...." In this instance Marble Ridge Farm has existed for 342 years, albeit not to the scale today. In 2014, due to a domestic matter, the farm was significantly divided. Title to a portion of the farm (270 Great Pond Road) was granted to Nancy Leland while The Kingfish Trust, under the Trustee, Elbridge C. Leland, retained the remaining acres (11 Marble Ridge Road). The farm continued to produce hay, livestock, fruits and vegetables. (See Exhibit F). Through the years further subdivision followed. However, the portion of the farm as it exists today as a winery was hayed or mowed to maintained it as open space. (5ee Exhibit F). A portion of the farm parcel is subject to the provisions of M.G.L. c. 131 § 40 and':,the regulations at 310 C.M.R. 10.00. A driveway and a preexisting stream crossing exist toward the southern portion of the parcel. The NRCS farm plan does recommend brush and invasive species management in this area. (See Exhibit C). Upon establishing the vineyard, the owner sought guidance from the USDS-NRCS. It was determined that the vines were planted in an area of the parcel that contained Canton fine sandy loam being a glaciated, well drained upland soil capable of maintaining a'19- 39-inch root zone. (See Exhibit C). The area is not flooded or ponded and does meet hydric criteria.3 (See Exhibit C). Upon establishing the vineyard, best management practices were undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands. The vines were planted using an auger. The trellis was also set with an auger. Excess soil was carried out in pails. Compost was placed between the vines, over the turf, for weed control. 3 Map Unit: 420C--Canton fine sandy loam, 8 to 15 percent slopes Component: Canton (80%) The Canton component makes up 80 percent of the map unit. Slopes are 8 to 15 percent. This component Is on moraines on glaciated uplands. The parent material consists of coarse-loamy over sandy melt-out till derived from gneiss, granite, and/or schist. Depth to a root restrictive layer, strongly contrasting textural stratification, Is 19 to 391nches.The natural drainage class Is well drained. Water movement In the most restrictive layer Is moderately high. Available water to a depth of 60 Inches (or restricted depth) Is low. Shrink-swell potential is low. This soil Is not flooded. I It is not ponded.There is no zone of water saturation within a depth of 72 Inches. Organic matter l content In the surface horizon is about 6 percent. This component Is in the F144AY034CT Well Drained Till Uplands ecological site. Nonirrigated land capability classification Is 3e. This soil does not meet hydric criterla.(See Farm Conservation Plan.) {00305124;v1) Page 4 of 6 SMOLAK & VAUGHAN LLP July 25,2025 According to the above, there are no restrictions relating to the establishment or maintenance of agricultural activities on the portion of the parcel the vineyard has been established. Parking in the parcel will conform with the provisions of M.G.L. c. 131 1§ 40 and the regulations at 310 C.M.R. 10.00. RENTAL UNITS ON THE WINERY PARCEL There exists three rental units on the winery parcel: Studio Guest House, Bungalow Guest House and Ice House Farm House. (See Exhibit G). According to the North Andover Assessors Office data, each structure housing a unit existed prior to 1900. As recalled by Elbridge Leland (See Exhibit F) each unit was originally built and utilized, some time in 1950s or 1960s, by Edmund F. Leland III as housing for seasonal andfull- time farm laborers. These individuals worked on the farm performing tasks such as haying, caring for livestock, harvesting the fruits and vegetables, and maintaining the grounds. At some time in the 1960's, as less labor was needed on the farm, Edmun i d F. Leland III undertook substantial interior renovations and caused the units to be converted to rental apartments for tenants. Since that time, the units have remained available for tenants. Whereas this activity took place prior to 1972 the Massachusetts Building Code being adopted and prior to North Andover requiring building permits, no building permits were required. Sometime in 2021 cosmetic improvements were again made to the interior of the units. Since that time, the units have been advertised and occupied a short-term rental units. (See Exhibit H). On May 13, 2025, at North Andover's Annual Meeting, Part 14 relating to Accessory Dwelling Units (ADU) amended Article 8 of the North Andover Zoning Bylaws. Several provisions of the amendment are inconsistent with the pre-existing conditions of the three existing rental units on the winery parcel. Accordingly, the provisions of M.G.L. c. 40'A § 6 concerning prior nonconforming uses protect the current and future uses of these units. It is recognized that voluntary expansion or voluntary change of use of these units may be subject to reasonable regulatory compliance. {00305124;v1} Page 5 of 6 SMOLAK & VAUGHAN LLP July 25,2025 CONCLUSION The operation of a qualifying farm under the guidance of the USDA/NRCS is a matter of right.Also,the operation of a qualifying agrotourism farm is also a matter of right. Certain actions practiced legally prior to such practices being regulated are grandfathered by law and may continue a preexisting nonconforming action or use. Pursuant to the facts presented above, Marble Ridge Winery is operating within all confines of federal, state and municipal laws, regulations, bylaws, and/or policy or enjoys certain exemptions and grandfathered rights. Respectful itte , Mar idge Wine its orne , hA ra s i Lu I {00305124;v1) Page 6 of 6 j E x hib A North Andover Assessor's Record Cards 037.0 0011 0000.0 037.C-0011-0000.0 North Andover Card:I of 3 Total Card Total Parcel Map Lot Sub Sublot Parcel ID BuIldIng Location 11 MARBLERIDGE ROAD APPR 652,200 1 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL SUMMARY USE+IMP, 652,2001 2,027,100 Use Code Building Val F :Yjf1.fternS Land Size Land Val Total V al 11 MARBLERIDGE ROAD I 652,20 USE LAND 01 0 NORTH ANDOVER MA 01845 109 121,60 78.80 23 451.80 ASSESSED 652,2001 2,027,100 OWNERSHIP - LEGAL DESCRIPTION CATALIS7 MARBLE RIDGE LLC "-MARBLERHDGE-ROAD --- ---- NORTH ANDOVER MA 01845 BuildingTotal 121,600 78,800 2.35 451,900 652,200 Parcel Total 1,496,5W 2.35 451,800 2027,100, 8'800 F7Source Q-Mkt AcU Cost I Tot Val 1B 472.611 Tot\/at SF/Pic ll 963 V Total Land l 2.35 PREVIOUS ASSESSMENTS Property ID:2356 Land Unit Typel AC Tx Yr 'Cat 1,Use Bld Value Yard ttem Land Size Land-VW Total Appr Assessed W Des, Date 2025 FV 1 109 1,496,500 78,8W 2.35 451,800 2,027,100 2,027,100 20 LSILDS 11/13124 3: 11113/2024 ly TYPB 2024 FV 109 1,461,400 80,100 2.35 430,000 1,971,500 1,971,500 Re-posting 2024FV by c 10/15/2024 UserAccourd PREVIOUS OWNER 2023 FV 109 1,253A00 85,900 235 344.600 1,683,900 1,683,900 Year end 11/032022 M 232780 937369 THE KINGFISH TRUST 2022 FV 109 1,071,100 85,900 2.35 301 000 1,458,000 1 458 000 Year End Roll 111022021 GIS CQQW I LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274,900 1,354,300 1,354,300 Year End Roll 11/0212020 937385-79302 PO BOX 745 2020 FV 109 000 85,900 2.35 268,300, 1,349,2001 1,349,2001YER 12/20/2019 Coord 2 NORTH ANDOVER,MA 01845 _IW3 _05�,341 US 2019 FV 109 gatl,mo 85,900 2.35 1 268,3001 1,342,9001 1,342,900 fYear End Roll 09/1312018 p Date Print Date/.Tune 112/3112024 4:01 pm_ NARRATrJF nFqr`RIP`MN SALES INFORMATION I Last Date/Time this parcel contains 2.35 AC of land mainly classified Grantor Legal Ref Type 1: Data Sale Price TSF Verif. NAL Notes as MULTI HOUSE with a CONVENTIONAL rHE KJNGFISH TRUST 17990-97 P 05116/2024 1DO No D A USER apro DEFINED COLONIAL building built about 1900,having primarily -ELAND 11 ELBRIDGE C 17990-326 P 0511612024 2,500,000 No D U PrIarlDla CLAPBOARD Exterior and 1,380 Square Feet with I -ELAND 11,ELBRIDGE C 17656-255 P 12/30/2022 1 No D A PLAN#12481 Residential Unit I Bath,5 Rooms,and 2 Bdrms. PriorID2a -ELAND 11,ELBRIDGE C. 17430-147 P 04IM2022 100 No D A OTHER ASSESSMENTS VNGFISH TRUST 17430-145 P 04129/2022 100 No D APLAN#12481 --- Code Desc A-t _T Comm 1ntArn7 ILELAND,EDMUND !04145-0312 1 P 1 TtV�94 D F 1 No MorIDU BUILONG PERMITS ACTIVITIES Priol0lb Desc Amount Closed Status Type Notes Last Vi sit isit ' Date- :Result By m* 3!2 4 5 - Date umber PROPERTY FACTORS 09/1512022 32 3.00 C 5 Weatherization. 02/14=24 6 SKIP CHENE PrIorID2b 202 03 OM 0 7 IternlCode Iteml Code % OSM/3112020 - 2,174 C 5 Weatherizabon, 10/2712022 8 MICHFI F KE 12Y17 Util A Dis 1 NORT mW r/2003 563 01/06/20G4 C 0 0712312003 NC ASSESSOR_ PriorID3b 0 UIII 21 Dis 2 06/26/2002 02563 900.0 07111=2 C 1 6000 SO FT S/F 06/1012003 CO SKIP CHENE - 10 00 0 1 PriorlDIc I Im.-4 ni�3 04110/2001 2001143 53,000 C 9 MOVING BUILD 0 Censu! Zone R2 100 04/10/2001 2001143 53,000 062212001 C 8 MOVE BLDG PT10JJD2Cr F.Haz Zone 2 0112912001 2001113 2,200 C 6 SIDING To - Zone 0 L 2001073 Ong/2001 4C 7 LIFT HSE FOR PriorID3c, C C f Stree P-PAVED HX 02104/2000 2000044 1,500 02104/2000 6 REROOF BARN Traffi M-MEDIUM 1 05/19/1997 97225 12,000 4 NEW STRUCTU rMap 4EEE11 C 05/1911997 97226 1 1 7 DEMO 21X22 B1 LAND SECTION (109) LUC LUC Desc; I Alt% FL! I #Units Depth U.Type 1 LT�rpe Ft. Base V. Ad'Prc NBC Ft Mod, Infl % Inf2 %Wnf3J%'I ApW aW2 LU((J % 8oec LV.JUds:J L Ft Assessed Notes 109 MULTI HOU 1 1 43.560 SF DRIMAR) 1 10 10 8 1 1 1 435,600 1 0 D.00060 1 435,600 iog muun HOQ 1 1.35 AC ZESIDUA 1 12.000 12,000 8 1 16,200 0 0.00000 1 16,200 Total AC/M 2.35, Total,SF/SM 102,366.00 Parcel M109-MULTI HOUSE I P_NBC Desq8 Toq 451,806 Spi Eredi 0.001- Tof 451,800 Disclaimer.This Information is believed to be correct but is subject to change and is Property:2356 1 Bld:2528 1 Seq:1 I Year.20251 Data As Of Date:12131/20241 User.NorthAndoverMACL I DB:AssessSONodhAnd. Parcel ID 037.C-0011-0000.0 Comments Sketch Exterior Information Condo Information BLDG MOVED OF SME 21 1/2 STY BARNS 4 FPL'S Type:: 15-CONVEN-nONA Location NOT USEABLE 1425 ACRES see StryHght2-2 STORIES Tot Units See Plan's#9458,12481,12482.12505 PL#12505 LOT ffF 10 14 12 (Ltv)units 1 1Tot 11 Floor Al (160) found. 01-CONCRETE %,OWP NC=NEEDS MEAS&UST 10 10 Flame 1 -- _---- - 02=CLAPBOARD-- is 10 EFP Sec Wall _Ju Bath Features _ Res Breakdown Remodeling S 19 Roof Sir 01-GABLE Full Bath 1 Ring A-AVERA Floor No.Unit Rooms. Bdrms, Exterior ( t�} Roof.Cvr 01-ASPHALT Add Full 0 Ring — _ 1 1 5 2 'interior t0 12 Color 314 Bath 0 1 Rtng :Add. View" Add 3X 0 mng Kitchen- 36 5 Shape. 1128atir *01 Plumb' FFL BM Name Add:t72Bid Total : 1 5 2Electrican=l nformatlion Other Fix Glade -FAIRPrd Total 3 20 8 Heatin Year Bit 1900 Eff Yr Other Features Ca1C Ladder General Aft LUC }Olchens 1 Ktfng -AVERA Base.Rate 135.00 Deli 88,084 Juris Add KGL ' Sae Adj 1.17971 Depr'd Total 121,640 20 Can Mod FireplaH]oftq. ConAdj' 0.97970 JurfsFt 1.0000 WSFlues Adj Prc > $156.03 Spec.Features` $0 Interioranon Avg HU Ft De reeiation Grade Ft 0.75000 Lump Sum P.Int Wall 6-TYPICAL Phys Con: -Fair 42 Other Feat 1 $41,250 Final Total $121,600 yg Sec Int Wall Functional NBH Mod 1.0000 Override Val Partition. T-TYPICAL Economic NBC hill 1.0000 AssmniFL 1.0000 P.Floor 8-HARDWOOD Special ,NC-NewConst 0 LUC Ft 1.0000 Assessedlfat $121,600 Seo Floor Overrides Ad Tot mcm 209,724 Total VSF $88.12 Mobile Home Bmt Floors Total 42%it Depr% 42% Undepr$/SF 117.02250 1 Make 11modellSerialI I.Year I I Color. -Sub Floors.- Bmt Garage o Comparable Sales Sub Areas Alt Areas Are- Electric 3-TYPICAL Ring "Parcel;ID ype Sale Date .: Price Code Desc NetArea GmssA F. SZAdj- Rate A Undepr Val S.Area Aft Type %Alt Tenants: Qua] ..%U Insulation 02-TYPICAL FFL FIRST FLOOR 860 860 860 156.03 134,186 Int Vs Ed SFL SECOND FLOOl 520 520 52 520 156.03 81,136 Heat Fuel 06-WOOD EFP ENCL PRCH 340 340 0 Z7.39 9,311 Heat 09-AVG #Heat Sys 1 Heated% 100 :AC% Sol HW% ibivac% 11Zom-Wa6z. Sprink% Avg M_d Ind-Vall Building Totals 1,720 1,720 1,3 1,3801 224,632 Special Features/Yard Items panel Is 10,4931 6,7141 928,001 Code'Desc A JY1SJ-Qty I Size Qual Con Year Unit Prc,Dls Depr% LUC-. Ft NBC Ft Ju& Ft ry Image 31 BARN D JYJ 1 1 5181.00 V AV 1988 1200 T 36% log 1 8 1 1 47,600 47,600 03 GARAGE D JYJ 1 1 525.00 A AV 1988 23.00 T 27% 109 1 1 1 8,700 8,70 02 SHED/FR D JYJ 1 1 240.00 A AV 19M 8.00 T 36% 109 1 1 1 1.000 1,00 34 BANK BARN/L D Y 1 1250.00 A AV 1988 18.00 T 36% 109 1 1 1 13,700 13,7 41 SHED/IMP D Y 1 256.00 A AV 1988 8.00 T 36% 109 1 1 1 1,100 1110 Y. 11 POOL I-V D Y 1 512.00 A AV 1 19971 18.00 T 1 27% 109 1 1 1 1 6,700 6,70 r Building Totals Yard tem 7B,80D Speaa[Feature'Appr 78,800 78.800 Parcei7 Yard ItemApp- 78,800 ;Special Feature Appr 78,800 78,80 Disclaimer.This Information is believed to be correct but is subject to change and is Property.2356 1 Bid:2528 1 Seq:1 I Year.2025 1 Data As Of Date:12/31/2024 I User NodhAndoverMACL I DB:Assess50NorthAndo 037-C Doll 0000.0 037.C-0011-00D0.0 North Andover Card:2 of 3 Total Card Total Parcel Map Lot Sub Sublot Parcel to Building Locationll MARBLERIDGE ROAD APPR 113,600 1 2,027,100 PROPERTY LOCATION IN PROCESS AP 3-RAISAL SUMMARY USE+IMP 113,6001 2,027,100 �111 MARBLERIDGE ROAD use code Buildingvw'. Yard ftems:. Land Sizc Land'Val Total val USE LAND 0 NORTH ANDOVER,MA01845 109 113,60D 0.0( 0 113.600 ASSESSED 113.6001 2,027,100 OWNERSHIP — LEGAL DESCRIPTION CATALIS MARBLE RIDGE LLC 11,MARBLERIDGE.ROAD, - ........ Buddin Total 113,600 a 0.0c 0 113,600 NORTH ANDOVER,MA 01845 parcel Total 1,496,500 Tot W!5FI�800 2027100 Source 0-Mkt Ad]Cost 7"8� 231 IS A 263.15 Lot Si.. Tot Val S"M Total Land l 235 PREVIOUS ASSESSMENTS Property 10.2356 Land Unit Type AC TX Yr Cat J. Use Bid Value( Yard Items Land Size Land-Val TotalAppr Assessed 451,800 Z027,100 Z027,100 Data 2025 FV 1 109 1,496,5001 78,800 235 �=735 lt`15�4 -.3 11/13120241 ly Type 1 2024 FV 1 109 1,461,4001 80,100 2.35 430,000 1,971,500 1,971 500 Re-posting 2D24FV by i 10/1 5/=4 UserAoctiunt PREVIOUS OWNER 2023 FV log 1,253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/0312 22 THE IQNGFISH TRUST 2022 FV ID9 1,071,100 85,900 2.35 301 000 1,458.000 1,458,000Year End Roll 11/0�21 GIS Cobrd LELAND,ELBRIDGE C. 2021 FV 109 993,500 85'900 2.35 274.900 1,354,3D0 1,354,300 Year End Roll 11/02f2020 9a75,793 g PO BOX 745 2020 FV 109 995,000 85,9001 2.35 1 268,3001 1,349200I 1,349,200"-R 112/20(2019 — IS Coord 2 NORTH ANDOVER MA 01845 2019 FV 109 998,700 115,900I 2.35 1 268,3001 1342,9001 1,342,900 Year End Rol 109/I312018 32773.534D5 US I Print Date I Tune [12/3112024 4:01 pm] ARRA7AM nr-qrR1P11QM SALES INFORMATION Last Date/Time This parcel contains 2.35 AC of land mainly classified slantor � 1 9 11 I...� I.:Legal Ref Type Date SalePrioe TSF Vertf. NAL Notes as MULTI HOUSE with a BUNGALOW building built HE I(INGFISH TRUST 17990-97 P 05/16/2024 100 No 0 A apro about 1900,having primarily CLAPBOARD Exterior USER DEFINED -ELAND 11 ELBRIDGE C 17990-326 P 05116/2024 2,500,000 No D U PriorlDla and 416 Square Feet,with I Residential Unit,1 Bath, -ELAND 11,ELBRIDGE C. 17656-255 P 12/30/2022 1 NO D A PLAN#12481 4 Rooms,and 1 Bdrm, ELAND 11,ELBRIDGE C. 17430-147 P 04/29/2022 100 Na D A PriorID2a OTHER ASSESSMENTS QNGFISHTRUST 11571114 04/2912022, 100 No D A PLAN#12481 Amt I Comm IntAm I �ELAND,EDMUND I No _71 PdorID3. Code• Dese BUILDING PERMITS 12 1 1 110/14119941 D F ACTIVITIES, PdorlDlb Date Result BY Date Number Desc Amount--Closed -'Stalus Type. Notes Lost Visit 02114/2024 6 SKIP M� PROPERTY FACTORS —S� .F1dorJD2b 10/27/2022 8 ICHELE A ft"Code_ Code M KE . 07/23/2003 NC ASSESSOR PrforID3b Iterni % Util 11 Dis I INORT 00001 Util 21 Dis 2 0811012003 CO SIQP CHEN PriodDlc I lhi-�d ON 3 Cesu4 Zone 1 P2 100 Prior102c F.Haz Zone Zone 3 PriorID3c P-PAVED HX [Exern M-MEDIUM Assessor:Map LAND SECTION (109) LUC LUC Dese Alt% FL I 41.1nits -Depth U.T L.T FL BiaseV- P NBC 0 . o0r c TWWAC(HA 235 TolaISFISM 102,366.00 Parcel 10 , 0.00: To Disclaimer.This Information Is believed to be correct but is subject to change and is Property-23561 Bid:25291 Seq.,21 Year.20251 Data As Of Date.12/31f20241 User.NorthAndoverMACL I DB:Assess50NorthAndo Parcel ID 037.C-0011-0000.0 Comments Sketch Exterior Information Condo Information Type 1 02-BUNGALOW Location Stry Hght 1-1 STORY Tot Units. 28 ice)Unlls 1 11011 Floor. Found 01-CONCRETE %Own. -----.-_-_-._ - .- -..- --- 2=CtAPBOARl7 - - - SecWau Bath Features Res Breakdown Remodeling Roof Sir 01-GABLE Full Bath 1 ;Rtng -AVERA Floor No.Unit- :Rooms Bdrrns Ei terior. Roof Cvr 01-ASPHALT Add Fuil 0 Rtng 1 1 4 1 Interior FFL 18 Color 3114Bath 0 :Rtng dd. 18 (418) View Add.3/4. 0 Ring shape EIath =Bath 0 Rtng Bid Name Plumb- Add.112 0 fWV Bid Total 1 4 1 Electric. Q1herFo 0 Ring PrdTatal 3 20 8 Heatin Grade ? -AVERAGE Year Blt 1900 EllYr Other Features Caic Ladder General. Aft LUC 1Gtchens 1 "Ring -AVERA Base Rate` 115.00 Depr 9,875 Juris- Add fGL- 0 :R>ng _-- SG Adj 1.35000 Deped Total: 113,562 1 24 1 Con Mod Fireplaces 0 Wig' ConAdj: 0.97970 Juds Ft 1 A000 Interior I WS Flues 0 Rtng Adj Prc $152.10 Spec.Features $0 8 EFP tjt2r3 (144) Avg Ht/.R Depreciation Grade FL 1.00000 Lump Sum P.int Wall 6-TYPICAL Phys..Con VG-Very Good 8 Other-Feat. $55,000 Final Total $113,600 Sec Int WallFunctionaF NBH Mod 1.0000 Ov.e[ride Vat Partition T-TYPICAL Economic NBC fall 1.0000 Assmnt Ft 1.0000 P.Floor`:8-HARDWOOD Special LUC FL 1.0000 Assessed Val.. $113,600 Sec Floor Override r Ad!Tot wan. 123.437 Total$/SF ; $273.08 Mobile Home Sint Floors Total 8% pr Sub Floors De % 8% UndeO VSF 152.10000 Make Model Serial: Year Cobr. Bmt@ Comparable Sales Sub Areas Alt Areas Gage 0 Rtrg Parcel ID a Sale Date Price Code Desc' Met GrossA F. SzAdjA. :RateA Unde_Val S:Area. AffT Electric TYPICAL YP pr ype-%Alt Tenants Qua]` %U FFL FIRST FLOOR 416 41 41 416 152.1 63,274 Insulation 02-TYPICAL '-' EFP ENCL PRCH 144 1 0 35.8 5,162 IntVs Fart. Heat Fuel 06-WOOD Heat 09-AVG #Heat Sys 1 Heated% 100 AC s. Sol HW x Ctri Vac% Com Wall x Sprink,< Avg Ind VaI BuildingTotabi 560 416 416 68,436 Special Features/Yard Items Paice!Totalsi 10,4931 10,49 7,703 6,714 1928,001 Code Desc A,JY/SJ Ctly I Size. Qual Con- Year Unit D/S r% LUC FL% NBC: Ft Juris Ft prVa Image BuilCimg T.tars :Yerd Item Appr Special FeatureAppr 1'arcelT Yarditem;Appr 78,800 Special Feature.Appr. 78,900 78,80 Disdaimer:This Information is believed to be correct but is subject to change and is Property:23561 Bid:2529 1 Seq.2 1 Year.20251 Data As Of Date:12/31/2024 1 User.NorthAndoverMACL i DB:Assess50NorthAndo 037.0 0011 0000.0 037.C-00114)000.0 North Andover Card:3 of 3 TOW Card Total Parcel Map Lot Sub Sublot Parcel ID Building Locationll MARBLERIDGE ROAD APPR 1,261,3001 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL SUMMARY USE+QdP 1,261,3001 2,027,1DO 11 MARBLERIDGE ROAD Use Code Buildarg Val Yarditems Land.Size Land Val Total`Val USE LAND 0/ 0 NORTH ANDOVER MA01845 109 1261300 0 0.0 1261300 ASSESSED 1,261.3001 2,027,100 OWNERSHIP LEGAL DESCRIPTION C ATA L I S MARBLE RIDGE LLC NORTH OVE ROAD Source NORTHANDOVER.MA01845 B+t� Totai 1,261,300 0.0 1261300 oral 1496,500 78,80 2.3 451,600 2,027,100 PatcetT 0-Mkt Ad'Cost Tot Val SF t 213.51 Tot VaI SF 263.1 Lot Size Total.Landl 2.35 PREVIOUS ASSESSMENTS Property ID:2356 Land UnItTypef AC Tx Yr .Cat L USe; Bid Value Yard land Size. Land Val -TotalApp Notes Date 2025 FV 109 1,496,500 78,800 2.35 451,800 Z027,100 2,027,100 20251-DS 11/1324 3:3 11/13/M4 ec Y Type 1 2024 FV 109 1.461,400 80,100 2.35 430,000 1,971,500 1,971,500 Re-posting 2024FV by 10/152024 UserAcmurrt'' PREVIOUS OWNER 2023 FV 109 1,253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/032022 M 232T80 9373 THE KINGFISH TRUST 2022 FV 109 1,071,100 85,900 2.35 301 000 1 458,000 1,458,000 ear End Roll 11/02=1 LEAAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274,900 1,354,300 1,354.300 Year End Roll 11/022020 PO BOX 745 2020 FV 109 1 995,000, 85,900 2.35 1 268,300 1,349,201 1,349,200 YER 112120=19 GIS Coord 2:. NORTH ANDOVER,MA01845 2019 FV 109 988,700 85,900 2.35 268,300 1,342,900 1,342,900 Year End Roll 09/132018 2 3.53405 US " Print Pate/Time t21312024 4:D1 NARRATmF cleamou SALES INFORMATION t at Time This parcel contains 2.35 AC of land mainly classified raptor Legal Ref'. Type Date Sale Pr TSF Verif. NAL Notes ro s MULTI HOUSE with a COLONIAL building built THE KINGFISH TRUST 17990-97 P 05/16/2024 10D No D A about 2002,having primarily CLAPBOARD Exterior -ELAND II ELBRIDGE C 17990,326 P 05/162024 2,500,000 No D U USER DEFINED `1'riorlDla and 5,907.33 Square Feet,with 1 Residential Unit,4 LAND 11,ELBRIDGE C. 17656.255 P 121302022 1 No D A PLAN#12481 Baths,1 Half Bath.11 Rooms,and 5 Bdrms. -ELAND 11,ELBRIDGE C. 17430-147 P 04292022 100 No D A Pn°rID2a OTHER ASSESSMENTS KINGFISH TRUST 17430 145 P 04/292022 10 No D A PLAN#12481 Code Qesc AmE; ComrndrrtAm' ELAND,EDMUND 04145-0312 P 10/14H994 1 No D F PriorlD3a BUILDING PERMITS ACTIVITIES PriarlD1b Date , umber: Desc Amount Closed Status TVve lNotes.. Last Vlsit Date Result-B PROPERTY FACTORS 02/142024 6 SKIP CHENE PrioND2b lte Code Item Code %. 10272022 8 ICHELE KE Ut81 Dis 1 NORT 00 07232003 NC ASSESSOR PriorlD3b UR 2 Dis 2 06/102003 CO SKIP CHEN Prior[D1 c 111111 Ms Census Zone 1 R2 100 PriorlD2c . F.Haz Zone 2 ToDal Zone 3 PriorlD3c P-PAVED TrdffidM-MEDIUM Assessor Ma ' 6cem LAND SECTION (109 LUG UC Desc' Alt%l Ft Depft U.Type L:TV66FL-JBaSeV:UnitPro Ad'P `NBC Ft Mod.Ianf 1 % Irtf %- rrf3 % r 2 % -S ec ttV:Juris L FL ec Notes' TotalAGIHA 2.35 Total SF/SM I 1OZ366.001 Parcel LUCI P.NBCD Tot I Spl Credit 0. Tot D'isdaimer.This information is believed to be correct but is subject to change and is Property.2356 1 Bid:2530 1 Seq:31 Year.20251 Data As Of Date:12/3l/2024(User.NorthAndoverMACL t DB:Assess50NorthAndo Parcel 10 037.C-0011-0000.0 Comments Sketch Exterior nformation Condo Information Type.';06-COLONIAL Location Stryr•Ftght`2-2 STORIES Tofunits (Liv)Urafls 1 Tot 1 Floor Found 01-CONCRETE Frame I %` 211 S seclnhaff Bath Features Res Breakdown Remodeling 4 B� W 4 83 6 Roof Sir 01-GABLE Full Bath 4 Rtng V-VERY G >Floor No.Unit Rooms Bdnns Exterior 13 (28 J 11 8 BAT 15 Roof Cur 01-ASPHALT Add Full 0 Rtng 1 1 t1 5 interior 3 3 13 (18) 11 4 18 Color.: 314 Bath 0 Ring 12 7 3 10 Mew Add,3/4 0 Rtng latche❑ QFP StYape 1/2, Bath' 1 -.Ring V-VERY G Beth 13 SFL (728 Bid Name Add;12 —0 RingBldTotal 1 11 5 Elecbic' i8 7 FFL 15 Grade _VERY GOOD nn OtherFbc 0 Rt,; Prot Total 3 20 8 Hea4n 1>E I J B24 ( t3) 18 18 27 Year Blt 002 Eff Yr Other Features Calc Ladder General a 15 4 AIt LUC, lGtt�ns 1 Ring -VERY Base Rate 140.00 Depr 44,394 8 18 8 Juris AddM 0 Ring, SizeAdj : 0.76267 DepMTotat 1,261,321 4 53 Cori Mod Fireplaces 3 Ring AV Can Ad] 1.01000 Juris-Ft--- 1.0000 WS:Flues 3 Ring: V nterior n 'o ro Adj p $107.84 Spec features: $0 _ Avg Ht I F! _ Depreciation Grade Ft`' 1.60000 Lump Sum P.Int Wall 6-TYPICAL Phys Can fVG-Very Good 3.4 Other Feat $289.812 Final Total $1,261,300 Sec Int MR Functional NBH Mod 1.0000 Override Val Partition T-TYPICAL Economic NBC In9 1.0000 Assmnt Ft ;i; 1.0000 P.Floor B-HARDWOOD $peqal,, tUC Ft 1.0000 Assessed'Val'> $1,261,300 Sec Floor Ovemde Aoj Tot mm; 1,305,715 Total$!SF $213.51 Mobile Home Bmt Floors 1 Total 3.4% Depr% 3.4% Undepr$tSF .: 172.54400 Malta' Model I Sexial.1 Year.IColor' Sub Floors Bmt Garage Comparable Sales Sub Areas Alt Areas Electric 3-TYPICAL Ring Parcel ID Type- Sale Date "Price F de, D S, 00SIR SECOND � N 2,413rea Gross A.3 F Ar SzAdjA. RateA Undepr VW S.Area A1tType %Aft Tenants Qua[ %U: 2,413 413 107. 260,218 BMT RRM 41 0 G 100 Insulation 02-TYPICAL Int Vs Dd 2,413 ,413 107.84 260,218 BMT BASEMENT Z413 2,413 989 0 37.79 91,187 Heat Fuel 02-GAS BAY BAY 92 92 92 107. 9 921 Heat 3-FORCED H1W Heat Sys 1 OFP OPEN FRM PRC 882 882 a 0 15.18 13,389 Heated x 100 1 AC x 00 SolHWx Ctidv-,. Com Wall z Sprinks '°A,� IIndivaq BuBding Total 8,213 8213 5,907 4,9181 634,933 Special Features/Yard Items ParcelTotats 10,493 10,4931 7.7M 6,7141 928,001 Code Desc A YIS Qty Size Quit Con, Year Unit Pm DtS ! De 7.% LUC FL NBC ;Ft Juris Ft Apr Va image Building Totals Yard Item Appr Special Feature Appr ParceiTo.tEgs Yard ItemApp 78,8001. Special Feature App, 78,800 78, Disdaimer.This information is believed to be correct but is subject to change and is Property.2356 1 Bid:25301 Seq:31 Year:20251 Data As Of Date:12131/2024 I User:NorthAndover MACL{DB:Assess50NodhArdo Exhibit B Federal and State Permits 2021-WINE-01013-0 DEPARTMENT OF THE TREASURY—ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 1.PERMIT NUMBER MA-W-21107 SAMPERMIT 2.DATE OF PERMIT (Under Federal Alcohol Administration Act) 0$/24/2021 5.NAME AND ADDRESS OF PERMITTEE(Number and street,city or town,State and Zip Code) 3.REGISTRY NUMBER(if applicable) MARBLE RIDGE FARM LLC. BWN-MA-21109 4.DATE OF APPLICATION 08/03/2021 11 MARBLERIDGE RD NORTH ANDOVER, MA 01845 h��ADCo 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constitute a�.�,O �4y approval as a brand name for labeling purposes. If needed,list on reverse or use continuation sheet.) p i 7.PERMIT GRANTED FOR(ONE TYPE OF OPERATION ONLY) Pursuant to the application of the date Indicated in Item 4,you are authorized and permitted to engage,at the above address,in the business of: a. ❑ Distilled Spirits-❑distiller ❑rectifier(processor) ❑ warehouseman and/or❑ warehouseman and bottler and while so engaged,to sell,offer or deliver for sale,contract to sell or ship,In Interstate or foreign commerce,the distilled spirits so distilled or rectified,or warehoused and bottled,or the wines so rectified, b. j Wine- ® producer and blender ❑ blender and while so engaged,to sell,offer or deliver for sale,contract to sell or ship,in interstate or foreign commerce,the wine so produced or blended, C. ❑ Importer-importing Into the United Stales the following alcoholic beverages: while so engaged,to sell,offer to deliver for sale,contract to sell or ship,in Interstate or foreign commerce,the alcoholic beverages so imported, d. ❑ Wholesaler—Purchasing for resale at wholesale the following alcoholic beverages: while so engaged,to receive or to sell,offer or deliver for sale,contract to sell or ship,in Interstate or foreign commerce,the alcoholic beverages so Purchased. This Permit is conditioned upon your compliance with the Federal Alcohol Administration Act;the Twenty-first Amendment and laws relating to its enforcement;all other Federal laws relating to distilled spirits,wine,and malt beverages,Including taxes with respect to them;the Federal Water Pollution Control Act;and,all applicable regulations made pursuant to law which are now,or may hereafter be,In force. This basic permit is effective from the date shown above and will remain in force until suspended,revoked,annulled,voluntarily surrendered,or automatically terminated. THIS PERMIT WILL AUTOMATICALLY TERMINATE THIRTY DAYS AFTER ANY CHANGE IN PROPRIETORSHIP OR CONTROL OF THE BUSINESS,unless an application for a new basic permit is made by the transferee or permittee within the thirty day period. If an application for a new basic permit Is timely filed,the outstanding basic permit will continue In effect until the application Is acted on by the District Director; Alcohol and Tobacco Tax and Trade Bureau. THIS PERMIT 15 NOT TRANSFERABLE.ANY CHANGE IN THE TRADE NAME,CORPORATE NAME,MANAGEMENT OR ADDRESS OF THE BUSINESS COVERED BY THIS PERMIT,OR ANY CHANGE IN STOCK OWNERSHIP(MORE THAN 10%)MUST BE REPORTED TO THE NATIONAL REVENUE CENTER OR PUERTO RICO FIELD OFFICE WITHOUT DELAY. THIS IS AN ORIGINALPERMIT AMENDED PtRMIT REASON FOR AMENDMENT DATE OF AMENDMENT SIGNATURE AND TITLE OF AUTHORIZED TTB OFFICIAL Specialist TTS F 5170.2(112005) I, GES Cp - N Commonwealth of Massachusetts 4' QTiWEq� 'T -� Tye e:cj . Office of the State Treasurer !M:° .n, Alcoholic Beverages Control Commission �J ACHU51� FARMER-WINERY LICENSE M.G.L. c. 138, § 19B This Farmer-Winery License authorizes the following licensee to produce, rectify, blend, or fortify, keep and expose for sale and to sell wine containing not more than twenty-four percent alcohol by weight: MARBLE RIDGE FARM LLC 11 Marbleridge Road North Andover, MA 01845 Approved by the Alcoholic Beverages Control Commission on December 26, 2024 Jjean Lonzio,Chairman Crystal Matthews,Commissioner Deborah Baglio,Commissioner License Number: FW-LIC-000197 Record Number: 2024-000111-FW-REN Capacity: 5K Gallons or Less THIS LICENSE WILL EXPIRE DECEMBER 31, 2025 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS PLACE WHERE IT CAN BE EASILY READ �4a w co Commonwealth of Massachusetts Office of the State Treasurer Alcoholic Beverages Control Commission �J? ActtusSO TRANSPORTATION & DELIVERY PERMIT M.G.L. c. 138, § 22 This Permit hereby authorizes the use of the following vehicle for transportation and delivery of alcoholic beverages: Vehicle Plate Number 3YKM31 Related License: MARBLE RIDGE FARM LLC ABCC License Number: FW LIC-000197 License Type: Farmer Winery Approved by the Alcoholic Beverages Control Commission on December 26, 2024 �JeaMnLobriziolChairman Crystal Matthews,Commissioner Deborah Baglio,Commissioner License Number: TR-LIC-009284 Record Number: 2024-000111-FW-REN THIS PERMIT WILL EXPIRE DECEMBER 31,2025 UNLESS REVOKED OR CANCELLED DURING THIS PERIOD THIS PERMIT SHALL BE CARRIED IN THE VEHICLE AT ALL TIMES -Ad 0 -Exhibit C Conservation Plan I i I USDA i Conservation Plan ELBRIDGE LELAND II 11 MARBLERIDGE RD NORTH ANDOVER,MA 01845 1 OBJECTIVE(S) Client's goals are to maintain the health and natural beauty of the property,and to utilize areas for sustainable agricultural production.The client is currently growing 0.6 acres of grapes to be used for wine production.There are two apple trees located In this vineyard s$ 'Well.The client has plans to expand crop production In coming years.They are also looking to address the spread of invaelve plants along field and road edges. Install the conservation practices,enhancements,and activities according to the Implementation requirements,designs,construction plans,or other documents that facilitate meeting the applicable NRCS technical criteria. if you do not have such Information,contact your logs1 office before starting to install your conservation pracUces,enhancements,and activities. Crop i ract:1690 Conservation Cover(327) General Cover-Establish and/or maintain permanent vegetation to reduce wind and water erosion,delivery of sediment to surfed water,to reduce particulate matter and precursors,and reduce greenhouse gases. Field Planned Month Year Applied Amount Date Amount 2 0.6 Ac 01 2022 — Total: 0.6 Ac - — - i Mulching(484) Basic Mulching-Apply plant residues or other suitable materials evenly over the land surface to achieve a minimum of 70%grourid cover. Field Planned Month Year Applied Amount Date; Amount 2 0.3 Ac 07 2022 — — i Total: 0.3 Ac — — - Wildlife Habitat Planting(420) 1N8dllfe Habitat Planting-Establish wildlife habitat by planting herbaceous vegetation or shrubs when wildlife habitat evaluation Ini licates a benefit In altering the current vegetative conditions(species diversity,richness,structure and pattern).Implementation will meet m nimum NRCS planning criteria of 1150"percent of the habitat potential for the species of concern""as Identified In a State-approved habits evaluation protocol(e.g.,Wildlife Habitat Evaluation Guide). f 2 i Field Planned Month Year Applied Amount Date Amount 2 0.1 Ac 01 2022 i Total; 0.1 Ac — -- — Farmstead ract:1690 Brush Management(314) Brush Management-Remove woody(nonherbaceous or succulent)vegetation Including invaslve and noxious species using meChanlcat, chemical and biological methods;either alone or in combination.Brush management will be applied in a manner to achieve the Jealred control of the target woody species and protection of desired species. Field Planned Month Year Applied Amount Date Amount 1 0.9 Ac 09 2022 — Total: 0,9 Ac - — i 'r 3 CERTIFICATION OF PARTICIPANTS i i ELBRIDGE LELAND II DATE ` CERTIFICATION OF: Dlgltal►y s►gned by ROBERT ROBERT PURCELL PURCELL Date;2022,08.05 16;33;17-04'00' CERTIFIED PLANNER DATE i I I(4 I i i i" i i i 4 PUBLIC BURDEN STATEMENT According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person Is not required to respond to a collection of Information unless It displays a valid OMB control number. The valid OMB control number for this Information collections is 0578.0013. The time required to complete this Information collection Is estimated to average 45/0.76 minutes per response,Including the time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection Information. PRIVACY ACT The above statements are made in accordance with the Privacy Act of 1974(5 U.S.0 522a). Furnishing this Information Is voluntory; however failure to furnish correct,complete information will result in the withholding or withdrawal of such technical or financial assistance. The Information may be furnished to other USDA agencies,the Internal Revenue Service,the Department of Justice,or other state or federal law enforcement agencies,or In response to orders of a court,magistrate,or administrative tribunal. USDA NON-DISCRIMINATION STATEMENT The U.S.Department of Agriculture(USDA)prohibits discrimination against Its customers.If you believe you experienced discrimination when obtaining services from USDA,participating In a USDA program,or participating In a program that receives financial asslstance from USDA,you may file a complaint with USDA.Information about how to file a discrimination complaint Is available from the Office of the Assistant Secretary for Civil Rights.USDA prohibits discrimination In all Its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex(Including gender Identity and expression),marital status,familial status,parental status, religion,sexual orientation,political beliefs,genetic Information,reprisal,or because all or part of an Individual's income Is derived from any public assistance program.(Not all prohibited bases apply to all programs.)To file a complaint of discrimination,complete,sign,acid mail a program discrimination complaint form,available at any USDA office location or online at www.ascr.usda rtov,or write to: USDA Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue,SW. Washington,DC 20250-9410 Or call toil free at(866)632-9992(voice)to obtain additional information,the appropriate office or to request documents.individuals who are deaf,hard of hearing,or have speech disabilities may contact USDA through the Federal Relay service at(800)877-8339 or(800) 845-6136(in Spanish),USDA is an equal opportunity provider,employer,and lender.Persons with disabilities who require alternative means for communication of program Information(e.g.,Braille,large print,audlotape,etc.)should contact USDA's TARGET Centel at(202) 720-2600(voice and TOD). i i i 5 Exhibit D Massachusetts Department of Agricultural Resources' Agricultural Law Memo ALM 10- 05 & Checklist D Alk AN"Ilk MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES Agricultural Law Memo ALM 10-05 September 14,2010 TOPIC: Agri-tourism and Agriculture ISSUE: Farmers in the Commonwealth have historically used innovative marketing ideas to capture a larger proportion of the retail dollar for their farm products. Some of these marketing techniques, often referred to as agri- tourism, appear to be non-agricultural activities that would otherwise be regulated as a non-agricultural activity. But because agri-tourism activities are incidental to the primary purpose of agriculture, they are extended the same rights and privileges under the law as agricultural activities. MDAR has established certain criteria for those instances when we must differentiate between agri-tourism and non-agricultural activities. We are also often asked to provide these criteria to others to assist in distinguishing one from the other. The purpose of this memorandum is to provide the criteria by which an activity may be deemed agri-tourism as opposed to its non-agricultural counterpart. Farming and agriculture have considerable rights and privileges under the laws of the Commonwealth, such as reduced taxation, exemption from certain local zoning provisions and state environmental laws, and even preferential treatment under the state building code. So, activities that would otherwise come under the authority or scrutiny of a law or regulation enjoy a certain level of exemption from such authority or scrutiny because the activities are associated with agriculture. Consider a farm stand, for example. A farmer may construct a small structure on his property near the road to sell vegetables during the summer. Clearly, this is simply selling vegetables and is considered an agricultural activity as defined by Massachusetts General Laws (M.G.L.) c. 128, Sec.IA. In contrast, consider a farmer who constructs a large supermarket type of a building at which not only vegetables from the farm but also the full range of supermarket items are sold. In fact, the products sold from this structure that comes from the farm may only account for a very small proportion of the sales. This would be considered a supermarket, not an agricultural structure. The farm stand is protected as agriculture while the supermarket would not be. The conclusions are intuitive for these two extreme cases, but difficulties arise when the circumstances fall somewhere in between. Agri-tourism activities fall into this difficult area. Page 1 of 4 Agri-tourism refers to a broad category of planned activities by which the activities and property of an agricultural enterprise serve as a destination for visitors whose objective is to experience agricultural life and operations with resulting benefits to agriculture in the Commonwealth and the economic viability of the agricultural enterprise. Some agri- tourism activities are clearly agricultural in that they include the planting, cultivation or harvest of an agricultural product(e.g. Pick Your Own operations). Accordingly, this ALM is intended to help identify agri-tourism activities that may be incidental to, or so directly related to, the agricultural enterprise as to share the agricultural nature of the enterprise. As a simple measure, the less related the activity is to agriculture, the less the activity ought to be considered agri-tourism. Among the factors to be weighed in concluding that such activities qualify as agri- tourism are the agricultural focus of: (1) the property itself; (2) its commercial aspects; (3) the activities involved; and (4) the accommodations or other benefits accorded to the visitor. Answers to the following questions are meant to assist in weighing whether an activity is agri-tourism. The Property: At the most basic level, the primary underlying use of the property must be agricultural as defined by law. The following questions help establish the primary use as agriculture: (1) Are "farming" or"agricultural' activities as defined in M.G.L. c. 128, Sec. 1A taking place on the property? (2) What is the size of the property? (3) What agricultural products derive from the property? (3) Does the property enjoy the benefits accorded under M.G.L. c. 61 or 61A, or under M.G.L. c. 40A, Sec. 3? The Commercial Aspects: A property may meet the basic threshold of agriculture, but still may not be considered commercial agriculture where revenues from supplemental agri-tourism activities predominate over agricultural revenues: (1)What is the primary focus of the commercial activities at the property? (2)What percentage of the revenues from the property is generated from commercial agricultural activities as opposed to the revenue derived from the supplemental agri- tourism activities? (3) Is the commercial agricultural activity directed at consumers? Page 2 of 4 (4) What is the potential for improving the economic viability of the enterprise for continued use in connection with the supplemental agri-tourism activity? (5) Is the property marketed or used as a visitor destination, or is the property marketed or used as ancillary to off-property destinations such as sports venues or museums? The Activities: Often a property may demonstrate its primary use as agriculture by the preponderance of activities conducted on the property and the relationship of those activities with agricultural activities: (1) Are agri-tourism activities primary, supplemental, or complementary to the use of the property? (2) What percentage of the activities occurring on the property are agri-tourism activities? (3) What is the primary use of the property when agri-tourism activities are not taking place? (4) Are the agri-tourism activities designed specifically to bring the public to the property for an agricultural related experience? (5) Are the agri-tourism activities designed to enhance the viability of a traditional agricultural operation? The Accommodations: The kind of accommodations made available to visitors can shed light on whether those accommodations should be treated as part of the agricultural enterprise or are essentially non-agricultural commerce. Accommodations directed at drawing or keeping consumers on the property so as to participate in agricultural activities of the property support a conclusion of agri-tourism: (1) What accommodations are provided to visitors? (2) What is the duration and frequency of visits? (3) What, if anything, do visitors pay? (4) Is the agri-tourism activity best described as a farm stay, work exchange, or educational stay? (5) What products or services are provided to visitors while they are on the property? (6) Are meals provided to visitors and, if so, are they prepared with products and commodities grown on the property? Page 3 of 4 (7) What involvement, if any, do visitors have with traditional agricultural operations? The foregoing is not meant to be an exhaustive list of considerations in reaching a conclusion as to whether an activity is agri-tourism or non-agricultural commerce, but is meant only to suggest some relevant factors to be weighed in reaching that conclusion. Relevant Laws and regulations: M.G.L. c. 128, Sec. 1A, c. 40A, Sec. 3, c. 61, c. 61A, c. 131, Sec. 40, c. 111, Sec. 125A, 330 CMR 22.02; The State Building Code (Among other sections 780 CMR 312; 780 CMR 120.C) Page 4 of 4 Marble Ridge Farm—Agritourism Checklist Answers to the following questions are meant to assist in weighing whether an activity is agri-tourism. The Property: At the most basic level, the primary underlying use of the property must be agricultural as defined by law. The following questions help establish the primary use as agriculture: (1)Are "farming" or"agricultural' activities as defined in M.G.L. C. 128, Sec. 1A taking place on the property? Yes, viticulture of red and white grapes (2) What is the size of the property? 5.35 acres (3) What agricultural products derive from the property? Grapes (4) Does the property enjoy the benefits accorded under M.G.L. c. 61 or 61A, or under M.G.L. c. 40A, Sec. 3? Yes. 61A since the property exceeds 5 acres and is actively devoted to agriculture for the purpose of generating more than $500 per year. 40A, Sec. 3 since 25% of sales at the farm come from products produced at the farm during harvest season (August—November). {00136356;v1} Marble Ridge Farm—Agritourism Checklist The Commercial Aspects: A property may meet the basic threshold of agriculture, but still may not be considered commercial agriculture where revenues from supplemental agri-tourism activities predominate over agricultural revenues: (1)What is the primary focus of the commercial activities at the property? Wine production (2)What percentage of the revenues from the property is generated.from commercial agricultural activities as opposed to the revenue derived from the supplemental agritourism activities? More than 50% of revenue from wine production (3) Is the commercial agricultural activity directed at consumers? Yes (4) What is the potential for improving the economic viability of the enterprise for continued use in connection with the supplemental agri-tourism activity? Without agri-tourism, maintaining the property as a farm is infeasible. (5) Is the property marketed or used as a visitor destination, or is the property marketed or used as ancillary to off-property destinations such as sports venues or museums? The property will be marketed as a visitor destination. The Activities: Often a property may demonstrate its primary use as agriculture by the preponderance of activities conducted on the property and the relationship of those activities with agricultural activities: (1) Are agri-tourism activities primary, supplemental, or complementary to the use of the property? Agri-tourism activities are complimentary to farming and wine production. {00136356;v1} Marble Ridge Farm—Agritourism Checklist (2) What percentage of the activities occurring on the property are agri-tourism activities? Aside from commercial agriculture, 100% of the activities on the property are agri-tourism activities. (3) What is the primary use of the property when agri-tourism activities are not taking place? Commercial agriculture. (4) Are the agri-tourism activities designed specifically to bring the public to the property for an agricultural related experience? Yes, our agri-tourism activities are (1) events that also involve either a wine tasting or minimum wine purchase or farm/vineyard/winery tour, or(2) hosting overnight guests in our guesthouses, which we provide educational materials upon arrival, a complimentary wine tasting that provides a guided experience of 1+ hours from our highly-trained staff to discuss in detail our winemaking process, grape growing practices, and the history of the farm dating back to 1680, wine bottles in the room for guests'enjoyment, and encourage guests to explore the vineyards, all of which attract, educate, and entertain the public. (5) Are the agri-tourism activities designed to enhance the viability of a traditional agricultural operation? Yes, the farm dates back to the late 1600s and the activities highlight historic New England farming and traditional winemaking methods. The Accommodations: The kind of accommodations made available to visitors can shed light on whether those accommodations should be treated as part of the agricultural enterprise or are essentially non-agricultural commerce. Accommodations directed at drawing or keeping consumers on the property so as to participate in agricultural activities of the property support a conclusion of agri-tourism: (1) What accommodations are provided to visitors? Aside from hosting the events, the property provides overnight housing in our historic farm buildings, including Ice House, Bungalow, and Art Studio. (00136356;v1} Marble Ridge Farm—Agritourism Checklist (2)What is the duration and frequency of visits? We have a 2-night minimum stay, and guests often stay longer. All stays are short-term and no guests are allowed to stay beyond 28-nights. ((3) What, if anything, do visitors pay? We charge market rate or higher due to the unique and valuable experience that we offer through our agritourism activities. (4) Is the agri-tourism activity best described as a farm stay, work exchange, or educational stay? Farm or educational stay. We provide educational materials upon arrival, a complimentary wine tasting that provides a guided experience of 1+ hours from our highly-trained staff to discuss in detail our winemaking process, grape growing practices, and the history of the farm dating back to 1680, wine bottles in the room for guests'enjoyment, and encourage guests to explore the vineyards. (5)What products or services are provided to visitors while they are on the property? Wine (6) Are meals provided to visitors and, if so, are they prepared with products and commodities grown on the property? Meals are not provided to visitors. (7)What involvement, if any, do visitors have with traditional agricultural operations? We offer guided farm and vineyard tours and events involving harvesting, pruning, wine production, and farm history. {00136356;v1} hAhI b it E Alison Anderson's Letter Demonstrating Compliance with M.G.L.c..40A, Sec.3 Alison Anderson alisonandersonboo kkee oln rs(agjn ait.com Re: Letter for Agricultural Exemption July 24,2025 To Whom It May Concern, I am writing in my capacity as the accountant for Marble Ridge Farm, LLC,located at 11 Marbleridge Road, North Andover,Massachusetts 01845. Based on a review of the business's financial records, tax filings, and supplied operational activity for the most recent fiscal year,Marble Ridge Farm LLC satisfies the requirements for the agricultural exemption under Massachusetts General Lew Chapter 40A,Section 3,also known as the"Dover Amendment:' Specifielly: • The business is engaged In the primary use of agriculture, farming, and viticulture, including the cultivation and harvesting of grapes and the production and sale of wine • The property Is actively used for the commercial growing and harvesting of crops • The farm generated$1000 or more In gross sales from agricultural products grown, produced, and sold on the premises to the public and guesthouse guests during the prior calendar year,meeting the statutory minimum under M.G.L. c.40A Section 3 • More than 25%of the farm's gross sales are derived from agricultural products grown, raised, or produced on-site during its harvest months of August —November,thereby exceeding the minimum threshold required to qualify for agricultural exemption status • The business operates in a manner consistent with the agricultural use protections outlined in M.G.L. Chapter 40A Section 3 This letter Is provided solely to demonstrate compliance with the requirements for agricultural use under Massachusetts zoning taws. If questions, please contact me at the above email, Sincerg y, Allson E Anderson Accountant Exhibit F Affidavit of Elbridge C. Leland ��i idlq Town of North Andover Technical Review Committee Marble Ridge Winery AFFITDIVIT OF ELBRIDGE C. LELAND IN SIPPORT OF MARBLE RIDGE WINERY 1. I, Elbridge C. Leland, being of age 71, state as follows to be true and accurate: 2. 1 currently reside at of 11 Marbleridge Road, North Andover, MA 01845. 3. My father was Edmund F. Leland III who owned and farmed Marble Ridge Farm, part of which is currently known as Marble Ridge Winery. 4. Marble Ridge Farm has been owned by my family's ancestors since 1680. 5. 1 was born in 1954 and raised on the property known then as Marble Ridge Farm, located at 11 Marbleridge Road, North Andover, MA 01845 6. Marble Ridge Farm was over 200 acre farm. The farm then cultivated hay, raised livestock, including cows and chickens, and maintained a large fruit orchard, fields vegetable row crops and flowers. 7. Starting at an early age and for my entire life, I remain actively involved in the daily operations of the. I am intimately familiar with the property, the buildings, the livestock, and the cultivation of the land. 8. 1 clearly remember the rooms in the farm buildings were used by my father to house seasonal and full-time farm laborers. I clearly remember that during my elementary and middle school years, individuals worked on the farm performing tasks such as haying, caring for livestock, harvesting the fruits and vegetables, and maintaining the grounds. 9. While I was in high school, my father and I converted the units that historically housed the farm workers into living quarters in order to provide needed income for the farm. 10.At all times since the units were converted, either my father or I had tenants to occupy units. {00305026;v 1)Page 1 of 2 11. Both the dates of original construction and the subsequent conversion of the rooms pre-dated any requirement by the Town for building permits — since none were required, none were obtained. 12. Although the commercial aspect of the farm diminished, the land continued to be used for agricultural purposes. The fields were hayed regularly, and I maintained the land through harvesting the fruits and vegetables, mowing/pruning/caring for the land, and the application of compost to keep the fields fertile and productive. 13. The land was in turnkey condition for my son, Elbridge C. Leland 11, to plant grape vines. He simply augured the turf to continue using it for planting. 14. My father and his ascendants took immense pride in ensuring the land was well cared for, and I have worked hard to uphold that tradition. On July 23, 2025,1 make this affidavit under the penalties of perjury and having actual knowledge of the subject matter it concerns: ridg . Leland {00305026;vl}Page 2 of 2 E,xhibit U Short Term Unit Listings Listing name Winery Farmhouse w/Private Hot Tub&Wine... Vineyard Retreat—Experience the elegance and... L Winery Studio w/Private Hot Tub,Fireplace,Tasting *A North Shore Favorite!*This former art studio is... Luxurious Bungalow at Boutique Winery w/Tasting Escape to our 2-story Bungalow,perfect for couples,friends... Exhibit H Commonwealth of Massachusetts 2021/2022 Room Occupancy Excise Registration Certificates 56�Nt(s�o Commonwealth of Massachusetts Letter ID:LI 144944768 �`-� �' Department of Revenue Notice Date:June 21,2021 Geoffrey E.Snyder,Commissioner Account ID:ROC-20361692-002 N[ova mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE 11-11}Pn1111111fill dl1l loll 4111 ELBRIDGE LELAND 11 MARBLE RIDGE FARM LLC 0 GREAT POND ROAD BLDG 1 NORTH ANDOVER MA 01845 Attached below is your Room Occupancy Excise Registration Certificate. Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.gov/localoptions for the tax rates that apply to each locality. DETACH HERE N MASSACHUSETTS DEPARTMENT OF REVENUE 9 Room Occupancy Excise Registration Certificate q ��Nt oFa This registration must be posted and visible at all times. MARBLE RIDGE FARM LLC Account ID: ROC-20361692-002 I 1 MARBLERIDGE RD APT STUDIO Certificate Number: C0314832100 NORTH ANDOVER MA 0 1 845-303 1 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts General Laws for operators of bed and breakfast establishments,hotels,lodging houses,short-term rentals or motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:21-Jun-2021 sNCR Commonwealth of Massachusetts Letter ID:L0692487872 p Department of Revenue Notice Date:February 2,2022 i1 Geoffrey B.Snyder,Commissioner Account ID:ROC-20486939-002 9 vlep i� mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE !f'Ill�n�ll��'�Illl�l�'1�uF�l�IIIIIII fill N�u�ld1"Il��1'I'I MARBLE RIDGE COUNTRY ESTATES LLC � I I MAR13LERIDGE RD 2® NORTH ANDOVER MA 01845-3031 Attached below is your Room Occupancy Excise Registration Certificate. Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.gov/localoptions for the tax rates that apply to each locality. DETACH HERE ------------------------------------------------------------------------------------------------------------------------------------------------ S"cHus,��� MASSACHUSETTS DEPARTMENT OF REVENUE p Room Occupancy Excise Registration Certificate tF,`rOV This registration must be posted and visible at all times. MARBLE RIDGE COUNTRY ESTATES LLC Account ID: ROC-20486939-002 11 MARBLERIDGE RD Certificate Number: C0344672100 NORTH ANDOVER MA 01845-3031 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts General Laws for operators of bed and breakfast establishments,hotels,lodging houses,short-term rentals or:: motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:02-Feb-2022 Commonwealth of Massachusetts Letter ID:L0487876544 ' Department of Revenue Notice Date:October 21,2022 tf Geoffrey E.Snyder,Commissioner Account ID:ROC-20486939-002 �tvroP� mass.gov/dor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE ��iltr�lllrrr��r111l4 fill rhmlrhill�UhHI�NIlrinrlll�Ir MARBLE RIDGE COUNTRY ESTATES LLC I I MARBLERIDGE RD NORTH ANDOVER MA 01845-3031 Attached below is your Room Occupancy Excise Registration Certificate. Operators must display this certificate at the property location. At any time,you can log into your MassTaxConnect account at mass.gov/masstaxconnect to view and re-print a copy of this certificate. In addition to the state and local excise taxes,you may be responsible for a community impact fee and the Cape Cod and Islands Water Protection Fund excise based on property location and type of establishment.Please refer to mass.gov/localoptions for the tax rates that apply to each locality. DETACH HERE .----------------------------------------------------------------------------------------------------------------------------------------------- "c"osEr� MASSACHUSETTS DEPARTMENT OF REVENUE Room Occupancy Excise Registration Certificate ovv This registration must be posted and visible at all times. MARBLE RIDGE COUNTRY ESTATES LLC Account ID: ROC-20486939-002 11 MARBLERIDGE RD Certificate Number: C0392902100 NORTH ANDOVER MA 01845-3031 This is your certificate of registration as required by Chapters 62C and 64G of the Massachusetts General Laws for operators of bed and breakfast establishments,hotels,lodging houses,short-term rentals or motels. This registration is non-transferable and may be suspended or revoked for failure to comply with state laws and regulations. Effective Date:21-Oct-2022 � ��MOLAK8~ VAUGHAN � mm�o�ua�°.�* — r"m-3zr'om|e"m-3o-5zm aTronmcvs ar L ^vv xuw"*�"aiik.=oan=^ni SUPPLEMENTAL MEMORANDUM REGARDING MARBLE RIDGE VINEYARD AND WINERY From comments and inquiry of members of the North Andover Planning Board during a meeting held on September 18. 2025 at the North Andover Town Ha||, Marble Ridge Vineyard and Winery supplements its prior memorandum to address the Board's inquiry relating N the Dover Amendment exemptions in light of the accessory uomo of the winery's land pursuant to Hume�Lake�Christian�Camps, Inu``v. Planning Board of ---� Formatted:Font:12 pt,No underline � K4onk*my.4Q2 Mass. 188. 210 N£3d 370, 2023 N1oeu. LEX|S21A. 2023VVL 3855285 . The specific accessory uses ai issue are the conduct of private wine tasting even1a, offering overnight farm winery stays and parking at the Marble Ridge Vineyard and Winery facility. APPLICABLE OUNER AMENDMENT STATUTES The provisions ofM.8Lc40A§3 provides in pertinent part: "No zoning ordinance or by-lam ohoU ...pvohibit unreasonably reQu|ate, or require e apuoiu| permit for the use of land for the primary purpose of commercial aghouUona. ...or viUouhnre, nor pmhibit, unreasonably regulate or require a special permit for the use, expanaion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture ...horticulture, including those facilities for the sale of ...mioe.... provided that either during the months of June, Ju|y. August and September ufeach year orduring the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent ofsuch products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is |uoaied. or at |ome12b per cent ofsuch products for sale, based on either gmeo annual aa|oa or annual vo|ume, have been produced by the owner or |eeeoe of the land on which the facility is located and at least an additional 50 per cent ofsuch products for sale, based upon either gross annual sales orannual vo|uma, have been produced in Massachusetts on land other than that on which the facility is |ouatad, used for the primary purpose of commercial aghou|tum, aquaou|turm, ai|viouUurm, hodiouKuny, floriculture or viticulture, whether by the owner or |ooaoo of the land on which the facility is located or by another, except that all such activities may bm limited b parcels of5 acres or more or/o parcels 2 acres ormore if the uo/e of products produced from the agricultune, oquuou8uno' silviculture, horticulture, floriculture or viticulture use on the parcel annually Qonens/ea at least $Y.000 per acre based on Qmua ao6em db&om in area {O0306702;,l)Page 1vf4 or 0M0AK & pAmGHANuP o"m"er 2,2025 not zoned for agriculture, uquacukue\ silviculture, horticulture, floriculture or viticulture. [Emphasis added.] For such purposes, land divided by a public or private way or waterway shall be construed as 1 penoo|. No zoning ordinance or by-law shall exempt land or structures from flood plain or wetlands regulations established pursuant 10 the General Laws, For the purposes of this section, the term ''aQricu|tuve" shall bmao defined in section 1Aof chapter 128....^ K4.Gl.c. 12O§ 1Aprovides: "Farming" or "agriculture" shall include farming in all of its branches and the cultivation and tillage uf the soil, dairying, the production, ou|hvahon. growing and hummadng of any eghoukuno|. aquacu|tuno|. Uohuu|tum| or horticultural uommudiUoe, the growing and harvesting of forest products upon forest land, the raising of livestock including homao, the keeping of horses as a commercial enterpriae, the keeping and raising of pou|try, ovvine, cattle and other domesticated animals used for food purpoa*e, bnee, fur-bearing anima|a, and any forestry or lumbering opomtiona, performed by a furmer, who is hereby defined as one engaged in agriculture or farming aa herein defined, o/onu farm oeon incident toor in conjunction with such farming operations, including preparations for markot, delivery to storage or to market orto carriers for transportation to market. The activities and scope of the activities proposed to be conducted at Marble Ridge Vineyard and Winery were fully set forth by Bbridge ^Bhg" Leland |), owner and vvinamakar. via the PowerPoint presentation on September 16. 2O25 \o the Board and are fully incorporated herein. The Dover Amendment precludes a town or other municipality from adopting a zoning ordinance or bylaw that''pmhibiL[a]. regulate[s] ornoatricL[o]the use of land or structures for agricultural purposes on land owned or ]eased by the farmer.The Legislature has impoaedthie |imitationinordertofbreu|osodhe''|ooa|exemioenfprefenonoeoaoiovvhat kind of agricultural uses will be welcome." However, the agricultural exemp\ion, unlike the religious and educational uxemption, does not authorize a municipality to apply regulations' concerning bu|k, dimonoione, open space and parking. to land and structures for which u [pmtected] use io proposed. See and read together with Trustees of Tufts College x Medford, 415 K8uoo. 753. 757, 810 N.E.2d 433 (1993). Campbell u City Council of Lynn, 415 Mass. 772. 778 (1993). Trustees of Tufts College xMedford, 415 Mass. at757-761. Trustees uf Tufts College, supra. Cited in Hume Lake Christian Camps. Inc.v. Planning Board of Monterey,492 Mass.at 194(2023). Since at least 1875. o. 40A. § 3, has prohibited municipalities from adopting zoning regulations that bar or unreasonably regulate agricultural and horticultural uooe in any |VO3O67O2;vl) Page 2of4 0MOLAK & V*0CoANDP o"woer 2,2025 zoning district. See St. 1975. o. 808. § 3. See also Bateman v. Board of Appeals of Georgetown, 50 Maae. App. {t. 238. 242-243. 775 N.E2d 1276 (2OU2). Valley Green Smw' |no.v. Charlton, QQ K4aya. App. Ct. 070, 173 N.E.3d 395. 2021 Mass. App. LEX|S 05, 2021 VVL2345585. HUK0EANALY8|S To dob*nnino whether proposed use of land or structures is entitled to the Dover Amendment exemption the Land Court in Hume devised a two pmng, sometime overlapping, inquiry. "First,we ask whether the proposed use has as its"bona fide goal something that can reasonably be described as" [agriculturally) significant. See Regis College x Neohm. 402 Mass. 280 at 285 (2011). S000nd. we consider whether the [agricuhurally] significant goal is the ~primary or dominant' purpose for which the land or aimotumm will be used."., quoting N0itinav8le Retirement Soo`K Inc. v. Northbridge, 294 Mass. 757, 760. 477 N.E.2d 407 (1985). See Hume Lake Christian Camps, |nc. v. Planning Board of Monterey, 402 Mass.ai195(2O23). For the purpose of the agricultural oxemption, even when a use might otherwise not constitute an"agricultural use," if the use is directly related to the fanning operations of the owner, it is regarded for zoning purposes as being used for farming. See Sa|mh v Board of Appeals,2 Mass.App. Ct.488at4QG4S7|314N.E2d881. 1Q74 Mass.App. LEX|SG87 (1S74)cited in Green Valley at682. Whether the proposed use has as its bona fide goal something that can reasonably be described as" [agricu|turally] aignificent." Conduct of Private Wine Tasting Events at the Marble Ridge Vineyard and Winery facility. The precise language ofM.GLc. 40A § 3 specifically provides exemptions to include "those facilities for the aa|o of —wino.^ In this instance Marble Ridge's "fao|ity" ia inclusive of historic barns, atable within u vineyard from which guests may be served a 0|aoa of wine, under u tent in Marble Ridge's open space or in one of Marble Ridge's winery guesthouses.The facility in each instance provides a point of sale for the winery to sell its product and product purchase ierequired for use of the facility. Obvioue|y, compliance with the statutorily required product ratios and |ioonaunaiarequired. Overnight Farm Winery stays at the [Norb|a Ridge Vineyard and Winery facility. The precise language ofK4.G.L4 40A § 3upaoi5oaUy provides exemptions to include "those facilities for the sale of ...wine." |n this instance Marble Ridge's "facility"a guesthouse. In order to qualify for on overnight farm winery stay each For the purpose of the analysis, it has been determined by the North Andover Zoning enforcement Officer, Paul Hutchins that the site and activities conducted thereon in agriculture. |OU3O6702;vl} Page 3nf4 SMOLAxC & VA0GHANcLp o"mw,2,2025 guest is invoiced for and receives one Marble Ridge private wine tasting experience per adult guest in their party. Also, each guest receives product purchase discounts to promote additional product sales. In ohu¢ the guesthouse serves aoa''fad|ity^for the sale of the winery's product. Parking at the Marble Ridge Vineyard and Winery facility. Parking at Marble Ridge Vineyard and Winery is e privilege extended only to the guests and providers of the facility. Without parking guests would not be able to access the facility to purchase the winery's products. Whether the [agriculturally] significant goal is the ^'primory or dominant' purpose for which the land or structures will be used."' Conduct of private wine tasting events at the facility. The primary purpose of Marble Ridge Vineyard and Winery is to produce and sell wine. The primary facility to achieve that goal is the physical enjoyment of the winery and the winery's facilities. Events at the facility advertise the winery's existence and products to attract patrons to the facility \o purchase the winery's products. Without conducting events guests would not be attracted to the facility. Wine purchases are required for use of the facility. Overnight Farm Winery stays at the Marble Ridge Vineyard and Winery facility. The primary purpose of Marble Ridge Vineyard and Winery iato produce and sell wine. One such facility to achieve that goal is the physical enjoyment of the winery's guesthouses vvhmm private intimate tautings are required to be purchased and enjoyed. Parking at the Marble Ridge Vineyard and Winery facility. Parking at Marble Ridge Vineyard and Winery is a privilege extended only to the guests and providers of the facility. Without parking guests would not be able to access the facility 0o purchase the winery's products. Pursuant to all the above facts and analysis, caselaw and statutes,the principal use and accessory uses at Marble Ridge Vineyard and Winery and the activities conducted thereon constitute agriculture and enjoy the Dover Amendment exemption concerning zoning. September 25.2U25 Respectfully Submitted, ��"/}� ,/v {0O3O6702;vl} Page 4vJ4 PAUL HUTCHINS BUILDING COMMISSIONER }{��� ' - • Town Hall T 120 Main Street , North Andover, MA August 26, 2025 Francis A. DiLuna, Esq. Smolak&Vaughan 120 Water Street, Suite 401 (East Mill) North Andover, MA 01845 c/o Marble Ridge Farm LLC 11 Marbleridge Road North Andover, MA 01845 RE: MARBLE RIDGE OARM/ MGL c.40A, §3 (Dover Amendment) Dear Attorney DiLuna: This letter serves.as a determination by me, as Building Commissioner of North Andover regarding the applicability of the Dover Amendment (M.G.L. c. 40A, §3)to your proposed project at the above-referenced property. I have reviewed a "Memorandum Regarding Marble Ridge Winery" (Memo) and all its attachments submitted on July 28, 2025. According to the Memo: Marble Ridge,Winery operates on a 5.35-acre farm parcel in North Andover's R-1 zoning district. "The farm parcel has,been owned by the Leland family and its ancestors for 342 years. It presently consists of a newer main home built in 2004 that houses the winery operations i,h the basement and where the owner lives, and several barns and`dutbuildings that date back to the 1700 and 1800's. . . The non-residential buildings . primarily'serve the farming operations. Approximately 1 acre is currently planted with 198 grape vines, and additional plantings are scheduled for next spring."According to your Memo, from August through November, the sale of Marble Ridge wine exceeds the 25% required under MGL c.40A, §3. In addition to reviewing the Memo submission, I have visited the site on several occasions for the purpose of inspections. Summary of Findings: Based on my review, 1 find the proposed primary use of the property (winery) by Marble Ridge Farm LLC is protected under the Dover Amendment for the following reasons: • Marble Ridge Farm LLC is a recognized farm as defined by M.GL c. 40A, § 3. ® Primary and Dominant Use of the Property is growing grapes, harvesting grapes, and the production of wine. Accordingly, such use is consistent with the goals of MGL, c.40A, §3. ® There are also, however, proposed accessory uses to the winery: bridal showers, wedding showers, rehearsal dinners, and overnight guest house rentals. While the Dover Amendment clearly applies to farming, and likely applies to some or all of these accessory uses, that is an argument to be made by the applicant to the Planning Board. Limitations: My findings and application of the Dover Amendment are not absolute. I specifically reserve the right to amend my determination based on the following: • additional information presented during the course of the public hearing that I had not previously considered; ® that the project remains subject to reasonable regulations concerning the bulk and height of structures, and determining yard sizes, lot area, setbacks, open space, parking, and building coverage requirements; ® the project must also comply with all other applicable state building codes and any local regulations determined to be reasonable; ® that the project be processed according to the limited site plan review process applicable to Dover Amendment uses in North Andover's zoning by-laws; Conclusion of Determination: t Pursuant to MGL c. 40A, § 3,the proposed project is exempt from local zoning bylaws that would otherwise may prohibit, regulate, or restrict its use. As such,the petitioner's application may proceed under a limited site plan review. This determination may be appealed to the local Zoning Board of Appeals by an aggrieved party within 30 days of the filing of this letter. Sincerely,, / Paul-H tchins, Building Commissioner 2 .. Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) • TOWN OF NORTH ANDOVER ABUTTERS LIST REQUIREMENT. MGL 40A,Section 1.1 states in part"Parties in interest as used in this chapter shall mean the petitioner,abutters,owners of land directly opposite on 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." SUBJECT LOCATION OWNER ADDRESS CITY STATE ZIP 037.C-0011-0000.0 11 MARBLERIDGE ROAD MARBLE RIDGE LLC 11 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0056-0000.0 GREAT POND ROAD LELAND II,ELBRIDGE C. PO BOX 745 NORTH ANDOVER MA 01845 PARCEL ID LOCATION OWNER ADDRESS CITY STATE ZIP 037.A-0006-0000.0 254 GREAT POND ROAD FRIEL,THOMAS 254 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0006-0000.A GREAT POND ROAD TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER MA 01845 037.A-0010-0000.0 325 GREAT POND ROAD JMB REALTY TRUST 325 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0011-0000.0 2 MAR 3LERIDGE ROAD LOPEZ-ALGARRA,LUIS E 2 MAARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0012-0000.0 16 MARBLERIDGE ROAD LAFAUCI REVOCABLE TRUST 16 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0014-0000.0 55 MARBLERIDGE ROAD KELLY JOANNA L. 55 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0030-0000.0 28 MARBLERIDGE ROAD SEIGEL,BRIAN 28 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0031-0000.0 40 MARBLERIDGE ROAD LIN LIN 40 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0032-0000.0 52 MARBLERIDGE ROAD LAI,CLARENCE E. 52 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.A-0053-0000.0 316 GREAT POND ROAD ANTHONY E.DESANTIS 316 GREAT POND ROAD NORTH ANDOVER MA 01845 037.A-0054-0000.0 27 MARBLERIDGE ROAD WIL:BUR RALPH 130 SHEPARD STREET LAWRENCE MA 01830 037.A-0056-0000.0 270 GREAT POND ROAD NANJE REALTY TRUST 270 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0012-0000.0 41 MARBLERIDGE ROAD LANNAN,STEPHEN,P.JR. 41 MARBL.ERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0053-0000.0 235 GREAT POND ROAD TYL.ER MATTHEW AUSTIN 235 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0054-0000.0 243 GREAT POND ROAD BOYKO,STEPHEN 243 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0013-0000.0 85 MARBLERIDGE ROAD J AND B HYDE REALTY TRUST 85 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0014-0000.0 195 GREAT POND ROAD STRECKER,FLORENCE M. 195 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0016-0000.0 175 GREAT POND ROAD DOWGLALLO,WALTER T. 175 GREAT POND ROAD NORTH ANDOVER MA 01845 03TC-0051-0000.0 71 MARBLERIDGE ROAD COLLAMORE,RYAN 71 MARBLERIDGE ROAD NORTH ANDOVER MA 01845 037.C-0053-0000.0 235 GREAT POND ROAD TYLER MATTHEW AUSTIN 235 GREAT POND ROAD NORTH ANDOVER MA 01845 037.C-0055-0000.0 245 GREAT POND ROAD SANTOS JULIAN A. 245 GREAT POND ROAD NORTH ANDOVER MA 01845 THIS CERTI IES THAT THE AN ES APP G ON THE RECORDS OF THE ASSESSORS OFFICE AS OF 01/01/202S ^Fi DEPARTMENT ASSISTANT 8/26/2025 v' ERT &SIGNED BY TITLE DATE